Yes. States and territories can nominate and invite occupations that sit outside the first priority of Ministerial Direction No. 122, provided the occupation appears on the relevant skilled occupation list for that subclass and the applicant meets the state’s published nomination, ranking and allocation criteria. Direction 122 governs only the order in which lodged applications are processed.
Negin Safaee, Registered Migration Agent (MARA 1791573), explains this plainly: Ministerial Direction No. 122 is an instrument made under section 499 of the Migration Act, and its reach is confined to the “processing order” of visa applications that have already been lodged. The Direction neither creates nor limits eligibility requirements — so it confers no right to state nomination, and it closes off no pathway either.
Nomination policy is set by the states themselves. The Victorian Government’s official position, for instance, is that all occupations on the relevant Department of Home Affairs list are eligible for Victorian nomination, with certain industries simply being given “priority” rather than everything else being excluded. At the same time, an applicant must satisfy both the federal visa requirements and the state nomination requirements.
Here is the practical point you need to see clearly: an occupation that falls outside the top tier of Direction 122 will, once nominated, sit in a lower processing tier, and the resulting subclass 190 or 491 application will usually be decided after the priority cases. In other words, nomination is entirely possible — but processing speed will not necessarily be the same, and realistic timeline planning is part of a sound strategy.
If your occupation is not on the priority list, this is not the end of the road; it is the beginning of a more careful decision about which state to target, when to lodge your ROI, and how to strengthen your case. To have your own circumstances assessed and the clearest way forward mapped out, a short conversation with Negin Safaee can give you both peace of mind and a reliable road map.
Read the full legal breakdown ←
This answer reflects the law and policy as verified on October 30, 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.