The distinction between onshore and offshore only becomes relevant after the first priority level. For Priority 1 (occupations in designated sectors), the location of the primary applicant is irrelevant. Subsequently, Priority 2 is assigned to primary applicants located onshore, Priority 3 to offshore applications that are not bundled with other requests, and Priority 4 to everyone else. This hierarchy applies only to the processing stage of lodged applications, not the issuance of invitations.
Negin Safaee, Registered Migration Agent (MARA 1791573), explains the structure of the new directive as follows: Direction 122 first ranks based on “occupational sector” and only turns to the applicant’s location to sort remaining cases. This is exactly the reverse of the logic in Direction 119, which previously prioritized based on location first.
The full list for Priority 1 includes selected occupations in construction, health, teaching, agriculture, aquaculture, fishing, and resources, in addition to occupations related to the interests of Australia’s law enforcement and defense forces. Under Section 6(3)(a), a primary applicant with an occupation in these sectors is placed in the first category, regardless of whether they were onshore or offshore at the time of application.
The deciding factor in determining whether one is onshore or offshore is the primary applicant’s location at the time of lodgement, not at the time of the decision. Additionally, Priority 3 is conditional upon the offshore application “not being bundled with another request”; family members included in a combined application receive the same priority as the primary applicant, while offshore cases with accompanying family members are moved to Priority 4.
The scope of Direction 122 covers subclasses 186, 187, 189, 190, 191, 489, 491, 494, 887, and 888 (the 482 visa falls under Direction 121). This directive applies to applications lodged before 19 September 2026 that have not yet been finalized, and it only changes the processing order, not eligibility requirements. For this reason, point-based ranking, occupation ceilings, and state nomination policies remain the deciding factors at the invitation stage.
If you would like to know exactly where your application sits within these four levels, a short, professional consultation can clarify the path forward and provide you with peace of mind; we would be pleased to provide tailored guidance for your case.
Read the full legal breakdown ←
This answer reflects the law and policy as verified on October 27, 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.