One of the most frequent questions we receive in this program concerns the subtle role of the “applicant’s location” under the new processing priority instructions for skilled visas. Negin Safaee, Registered Migration Agent (MARA 1791573), explains the four-tier structure of Ministerial Direction 122 exactly as it appears in legislation and on the official Department of Home Affairs website, clarifying the distinction between “processing queue” and “invitation issuance.” The goal is for you to understand exactly where your application sits and what you can manage.
Short Answer
Under Ministerial Direction 122 (effective from 19 September 2026), the principal applicant’s location only becomes significant after the first priority tier: priority occupations, whether onshore or offshore, are in Tier 1. Other applications are ranked first based on the principal applicant’s location in Australia “at the time of application” and then by non-combined offshore applications. This order governs visa application processing, not the issuance of invitations. However, at the state nomination stage, the place of residence may matter according to state criteria.
What the law says
Ministerial Direction 122 is an executive policy tool, not a visa condition. This direction has been in effect since 19 September 2026 and has changed the order of priority for processing and decision-making for a category of permanent and temporary skilled visas; the Minister for Home Affairs, Immigration and Citizenship issued it under section 499 of the Migration Act 1958. Ministerial Direction 122 was issued concurrently with Ministerial Direction 121 — which determines priorities for temporary skilled visas, including the Skills in Demand (subclass 482) visa — and together they replace all previous priorities under Ministerial Direction 119.
The real turning point is this: Ministerial Direction 119 factored in both occupation and location for priority; Ministerial Direction 122 places specified occupations in the highest group, regardless of whether the applicant is onshore or offshore, with location only being used to order remaining applications. In other words, the applicant’s location is no longer the determining factor for access to the highest priority group, and eligible applicants in critical sectors can receive top priority regardless of where they lodge their application.
The full list of the first tier must also be read carefully: The highest processing priority is afforded to selected occupations in construction, health, teaching, agriculture, aquaculture, fisheries, and resources, as well as occupations related to Australia’s law enforcement and defence interests. The three categories of “teaching,” “fisheries,” and “law enforcement interests” are part of this first tier, and overlooking them can completely alter the assessment of your application’s position.
Two further legal clarifications: First, the onshore/offshore metric is the applicant’s presence in Australia “at the time of application” — not their location at the time of decision. Second, this direction does not shift visa conditions: It does not change occupation lists or visa requirements and processing priority does not mean eligibility or visa approval; these directions only control the Department of Home Affairs’ processing order, and the applicant must still meet all legal requirements for the relevant visa.
The four tiers of priority and the exact position of Onshore and Offshore
Section 6 of the direction defines four tiers; paragraph (a) is the highest and paragraph (d) is the lowest priority.
| Tier | Who is in this tier | Role of location |
|---|---|---|
| 1 | Applications related to construction, health, teaching, agriculture, aquaculture, fisheries, and resources, or Australia’s law enforcement and defence interests | Irrelevant; priority occupations sit in Tier 1, whether the principal applicant applied onshore or offshore |
| 2 | Applications where the applicant was in Australia at the time of application | Determining (Onshore at time of lodgement) |
| 3 | Applications where the principal applicant was outside Australia at the time of application and the application was not combined with another person’s application at any time | Determining (Offshore and no combined application at any time) |
| 4 | Other applications covered by the direction — including offshore applications with family members | Remaining queue |
- Family members: Family members included in a combined application receive the same processing priority as the principal applicant. So if the principal applicant is in Tier 1, dependants move with them; however, a non-priority offshore application moves from Tier 3 to Tier 4 as soon as a dependant is added.
- Scope: Covers ten permanent and temporary skilled visas: subclasses 186, 187, 189, 190, 191, 489, 491, 494, 887, and 888; the subclass 482 is not included and falls under Ministerial Direction 121.
- Impact on previous applications: Applies to applications lodged before 19 September 2026 that have not yet been finally decided, as well as applications after that date, meaning existing files in the queue can be reprioritised under the new framework.
- Compelling circumstances exception: A framework for departing from the standard processing order is provided in case of compelling circumstances related to community safety or the continuity of essential religious, cultural, or social services in Australia; this discretion did not exist under Ministerial Direction 119.
Does this difference apply to the invitation stage?
No. Ministerial Direction 122 is addressed to decision-makers of lodged applications: It determines the order in which Department of Home Affairs officers process applications for the ten permanent and temporary skilled subclasses. Invitation issuance has a separate mechanism: Reaching the 65-point threshold does not guarantee an invitation; in Department rounds for 189 and 491 family-sponsored, higher points and, in the case of a tie, the earlier effective date are used for ranking. Caps may be set for the number of EOIs that can be invited in an occupation group; these caps do not apply to 190 and 491 state and regional nominations. Therefore, the onshore and offshore order of Ministerial Direction 122 does not apply to invitations. However, state nomination criteria can factor in place of residence; for example, New South Wales has separate residence criteria for onshore and offshore applicants. Once you receive an invitation, you have 60 days to submit a formal application via ImmiAccount — and it is from that moment of lodgement that the priority tier of Ministerial Direction 122 attaches to your application.
What this means for you
As Negin Safaee, Registered Migration Agent (MARA 1791573), explains, three practical decisions emerge from this structure. First, verify whether your occupation and actual role fall within one of the Tier 1 sectors; if they do, living outside Australia no longer pushes you to the back of the queue. Second, if you are not in a priority sector, presence in Australia “at the time of application” is a planning decision, not an accident; and subsequent movement does not change that. Third, the composition of the application (single or with family) has a direct consequence on the priority tier and should be chosen consciously by weighing family interests, rather than out of habit.
The reassuring news is that none of this changes your eligibility; these directions do not determine who is eligible, but rather change the order in which applications are pulled from the queue. Therefore, your path is not closed; you just need to know your exact place in the queue and structure your application to have the best possible tier and the strongest supporting documents simultaneously. Experience working with these subclasses has shown that most painful delays arise not from being “offshore,” but from misalignment between the occupation code, skills assessment, and the timing of lodgement — and all three are manageable.
Resources
- Skilled visa processing priorities — Department of Home Affairs (Official page for skilled visa processing priorities; 2026 update)
- Migration Act 1958 — Section 499 (Power to issue Ministerial Directions)
- Ministerial Direction 122 — Department of Home Affairs
- Ministerial Direction 119 — Department of Home Affairs
- Ministerial Direction 121 — Department of Home Affairs
- Expression of interest — Department of Home Affairs
- Invitation rounds — Department of Home Affairs
- Skilled Nominated visa (subclass 190) — NSW Government
Which tier does your application sit in?
If you want to know before lodging whether your occupation sits in Tier 1, what impact having your family with you has on the processing queue, and what the best time and location for lodgement is for you, simply send a brief summary of your occupation code, skills assessment, and current visa status to the office of Negin Safaee, Registered Migration Agent (MARA 1791573). In a private consultation, you will see your application’s exact position in the four-tier structure of Ministerial Direction 122 on paper, accompanied by a clear roadmap for the next step — without unrealistic promises and based on the text of the law.
Frequently asked questions
Under Direction 122, is an offshore applicant always processed after an onshore applicant?
No. In Tier 1, there is no distinction between onshore and offshore; priority occupations (construction, health, teaching, agriculture, aquaculture, fisheries, resources, and occupations related to Australia’s law enforcement and defence interests) sit in the highest tier, whether the applicant is inside or outside Australia. Location is only used to order other applications (Tiers 2 to 4).
Is the criterion for being onshore or offshore the time of lodgement or the time of decision?
The criterion is the principal applicant’s location at the time of lodging the application, not their location at the time of decision. Therefore, subsequent entry to Australia does not change your location status at the time of lodgement; however, other factors, such as combined applications, can affect the priority tier.
What effect does including family members have on priority?
Family members included in a combined application receive the same priority as the principal applicant. Tier 3 is specifically for offshore applications that are not combined with another person’s application; therefore, a non-priority offshore application with family moves to Tier 4.
Does Direction 122 affect the issuance of invitations (EOI and invitation rounds)?
No. This direction is addressed to decision-makers of lodged applications and only determines the processing queue. In Department rounds for 189 and 491 family-sponsored, the point score and, in the case of a tie, the effective date matter, and occupation caps may be applied. States have their own nomination criteria and may factor in the place of residence. A 65-point threshold does not guarantee an invitation.
Which visas are covered by Direction 122 and does it apply to existing applications?
Subclasses 186, 187, 189, 190, 191, 489, 491, 494, 887, and 888 are covered; subclass 482 falls under Direction 121. This direction applies to applications lodged before 19 September 2026 that have not yet been finally decided, but it does not change eligibility requirements or occupation lists.
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.