One of the most precise questions I have been asked since the implementation of Ministerial Directions 122 and 121 is: what happens to cases that were lodged months or even years ago? In this article, Negin Safaee, Registered Migration Agent (MARA 1791573), provides a comprehensive and evidence-based answer grounded in the text of the Direction itself and data published by the Department of Home Affairs. The objective is for every applicant for an 189, 190, 491, 186, or 494 visa to know exactly where their case sits in the queue today.
The short answer
Ministerial Direction 122 does not apply solely to new applications. Having come into effect on 19 September 2026, it applies to applications lodged on or after that date, as well as to cases lodged prior to that date for which a final decision has not yet been made; provided, of course, that the exceptions specified in section 3 of the Direction are taken into account. The primary criterion for prioritization is not the “date of lodgement”; rather, the criteria are the priority occupation or sector, the location of the main applicant at the time of lodgement, and whether the application is bundled with another person’s case.
What the law states
Direction 122 is a ministerial direction issued under section 499 of the Migration Act 1958, titled “Order for considering and disposing of visa applications for certain provisional and permanent Skilled Visas”. The Minister signed it on 18 September 2026, it took effect the following day, 19 September 2026, and it replaced Direction 119 for these visa subclasses.
The key to answering your question lies within the text of the Direction itself: This Direction applies to visa applications lodged before 19 September 2026 that have not been finally determined by the Department of Home Affairs, as well as to applications lodged on or after that date. In other words, the Direction explicitly reaches applications that have been “lodged but not yet finally determined”, and any qualifying case already in the queue became subject to the new order of priority from 19 September.
I also emphasize that this rearrangement of the queue creates no legal gap for older cases: Direction 119 no longer governs any application, including those lodged prior to 19 September. The Direction does contain exceptions, including certain applications remitted for reconsideration by the AAT or ART and applications that clearly do not meet visa grant requirements. Conversely, the scope of the Direction is also limited: Direction 122 does not change the list of occupations or visa requirements and relates only to the priority of processing, not eligibility criteria.
Key criteria: What determines your place in the queue?
Direction 122 covers subclasses 186, 187, 189, 190, 191, 489, 491, 494, 887, and 888 and does not include subclass 482, as it falls under Direction 121. The four priority levels are as follows:
| Priority Level | Applicable Cases |
|---|---|
| 1 | Occupations in construction, health, teaching, agriculture, aquaculture, fisheries, resources, or roles relevant to Australia’s security and defence interests — whether inside or outside Australia |
| 2 | Other main applicants who were in Australia at the time of lodgement |
| 3 | Main applicants outside Australia whose application is not bundled with another person’s case |
| 4 | Other applications |
These four levels follow exactly this order: Level 1 for occupations in construction, health, teaching, agriculture, aquaculture, fisheries, resources, or roles relevant to security and defence (onshore or offshore), Level 2 for other onshore main applicants, Level 3 for offshore main applicants with unbundled applications, and Level 4 for all other applications.
- Families are not separated: Applications bundled with the main applicant’s case in a manner permitted by the regulations receive the same priority as the main applicant.
- Limited exception: Decision-makers may only deviate from this order in compelling circumstances related to community safety or essential religious, cultural, or social services.
- Visa caps: In cases where a subclass is capped under section 85 of the Migration Act 1958, this same order determines which applications receive the available places.
Published allocation dates for the 190 visa
The Department of Home Affairs publishes the lodgement dates being processed for each priority level; the 190 visa page at immi.homeaffairs.gov.au shows the lodgement dates being processed for each group:
| Group | Lodged on or before |
|---|---|
| Priority 1 (Priority sectors) | March 2026 |
| Priority 2 (Main applicant in Australia at lodgement) | January 2026 |
| Offshore applicants | February 2025 |
Priority 1 is being allocated for cases lodged on or before March 2026 and Priority 2 for cases lodged on or before January 2026, while offshore applications remain at February 2025. These dates do not indicate a definitive processing time for a specific case. The Department of Home Affairs has also warned that published allocation dates and processing windows may fluctuate during the transition to Direction 122, with some windows potentially increasing temporarily.
What this means for you
As Negin Safaee, Registered Migration Agent, explains: your old case is not being discarded. The Department of Home Affairs publishes the lodgement dates currently being processed for 190 visa groups; it also notes that skilled cases are not always processed in order of receipt. The realistic point, however, is that the date of lodgement is not itself the priority criterion; therefore, an older case outside of the priority sectors—especially if the main applicant was offshore at the time of lodgement—may be overtaken by more recently lodged cases in priority sectors. The gap between “March 2026” and “February 2025” in the table above illustrates exactly this reality.
At the same time, you should be reassured on two counts: these directions relate only to processing priority and do not change visa eligibility criteria, and Direction 122 determines the order of examination for lodged visa applications; for the 190 visa, a state or territory nomination leads to an invitation to lodge a visa application. Therefore, no urgent remedial action is required; what is necessary is a precise and professional assessment of which of the four levels your nominated occupation and lodgement circumstances place your case in—and whether the case documentation is complete and ready for a decision at the moment of allocation. This is exactly what makes the most significant difference in the outcome of a case.
Resources
- Ministerial Direction 122 — Order for considering and disposing of visa applications for certain provisional and permanent Skilled Visas — Department of Home Affairs
- Subclass 190 Skilled Nominated visa — Department of Home Affairs
- Skilled visa processing priorities — Department of Home Affairs
- Visa processing times — Department of Home Affairs
- The Administration of the Immigration and Citizenship Programs (16th edition) — Department of Home Affairs
Where does your case stand in the queue?
If you are awaiting a decision on a 189, 190, 491, 186, or 494 visa, the most important question today is not how many months have passed; it is which of the four levels under Direction 122 your nominated occupation and application circumstances place you in, and whether your file will be complete and ready for a decision at the time of allocation. Negin Safaee, Registered Migration Agent (MARA 1791573), will review your case details against the text of the Direction and the Department of Home Affairs’ published allocation dates to provide a clear and unambiguous picture of your true position in the queue. Book a consultation today for a personalized assessment.
Frequently asked questions
Does Direction 122 apply to cases lodged before 19 September 2026?
Yes, subject to the exceptions in the Direction. Direction 122 applies to applications lodged before 19 September 2026 that have not yet been finally decided, as well as to applications lodged on or after that date. Exceptions include certain applications remitted for reconsideration by the AAT or ART. Qualifying cases became subject to the new order of priority from 19 September.
Are older cases being discarded or stopped?
No. Older cases are not being abandoned; the Department of Home Affairs publishes the lodgement dates of 190 visa cases currently being processed for priority groups, but notes that skilled cases are not always processed in order of receipt. Because the date of lodgement is not the priority criterion itself, an older case outside the priority sectors can be overtaken by newer cases in priority sectors.
What are the prioritization criteria in Direction 122?
Three factors: the priority occupation or sector (construction, health, teaching, agriculture, aquaculture, fisheries, resources, and roles relevant to Australia’s security and defence interests), the location of the main applicant at the time of lodgement, and whether the application is bundled with another person’s case. The date of lodgement is not a priority criterion.
Which visas are covered under Direction 122?
Subclasses 186, 187, 189, 190, 191, 489, 491, 494, 887, and 888. The 482 visa is not in this Direction and falls under Direction 121.
Does Direction 122 change visa requirements or invitations?
No. This Direction does not change the list of occupations or visa eligibility criteria; it specifies the order of processing for lodged visa applications. For the 190 visa, a state or territory nomination leads to an invitation to apply for a visa.
What is the status of family members in the queue?
Applications bundled with the main applicant’s case in a manner permitted by the regulations receive the same priority level as the main applicant.
This answer reflects the law and policy as verified on October 28, 2026. Immigration rules change frequently — confirm the current position before acting.
Mrs. Negin Safaee Registered Migration Agent 1791573
This article is general information only, current at the date shown, and is not legal advice. Do not rely on it for your own situation — immigration law and policy change frequently. Seek advice from a registered migration agent or immigration lawyer about your circumstances.