Ministerial Direction 122

Ministerial Direction 122 Explained: New Australian Skilled Visa Processing Priorities from 19 September 2026

Last updated: 19 September 2026

Ministerial Direction 122 has significantly changed the way the Australian Department of Home Affairs prioritises the processing of many permanent and provisional skilled visa applications.

Signed by the Minister for Home Affairs and Minister for Immigration and Citizenship, Tony Burke, on 18 September 2026, Direction 122 commenced the following day, 19 September 2026. The Direction was made under section 499 of the Migration Act 1958 and sets the order in which specified skilled visa applications are to be considered and disposed of.

The change is particularly important for applicants in construction, healthcare, teaching, agriculture, aquaculture, fishing and resources occupations, as well as occupations connected with Australia’s law enforcement and defence interests.

Perhaps the most significant change is that applicants in these priority sectors can now receive the highest processing priority regardless of whether they were in Australia or outside Australia when they lodged their application.

Direction 122 also introduces priority recognition for the agriculture, aquaculture, fishing and resources sectors, expands parts of the construction definition, and restructures the priority hierarchy that operated under Ministerial Direction 119.

For applicants trying to determine whether their occupation falls within the new priority categories, professional assessment of the exact ANZSCO occupation and the wording of Direction 122 can be important. Visayab Migration Services assists skilled visa applicants and employers in Sydney and throughout Australia with skilled migration strategy, employer-sponsored visas, skills assessments, EOI strategy and visa applications.

What is Ministerial Direction 122?

Ministerial Direction 122 is formally titled:

Direction 122 – Order for considering and disposing of visa applications for certain provisional and permanent Skilled Visas.

It does not create a new visa subclass and it does not automatically make somebody eligible for a skilled visa.

Instead, it tells Department of Home Affairs decision-makers which applications should generally be considered before others.

The Direction expressly states that it does not change the composition of Australia’s skilled migration occupation lists and that applicants must still satisfy the requirements of the Migration Act and Migration Regulations before a visa can be granted.

This distinction is important.

Priority processing is not the same as visa eligibility.

An applicant may receive higher processing priority under Direction 122 but must still satisfy all relevant requirements applying to the particular visa subclass, including matters such as skills assessment, age, English, points, nomination, sponsorship, work experience, health and character requirements where applicable.

Similarly, being in a lower priority category does not mean the application will be refused. It relates to processing order rather than the substantive criteria for grant.

Direction 122 replaces Direction 119 together with Direction 121

Direction 119 commenced on 25 July 2026 and created a common priority framework that applied to both nomination applications and a wide range of skilled visa applications. Under Direction 119, processing priority depended heavily on both the applicant’s occupation and whether the applicant was in Australia or outside Australia when the application was lodged. (Immigration and citizenship Website)

That structure lasted for less than two months.

From 19 September 2026, Home Affairs confirms that the processing priorities previously operating under Direction 119 were replaced by Ministerial Directions 121 and 122. (Immigration and citizenship Website)

The new system separates temporary skilled visas from provisional and permanent skilled visas:

This separation is one of the fundamental differences between Direction 119 and the new system.

Which visas are covered by Ministerial Direction 122?

The Schedule to Direction 122 specifies the visa classes to which it applies.

A major difference from Direction 119 is the absence of Subclass 482 from Direction 122.

Subclass 482 is now dealt with separately under Ministerial Direction 121. Home Affairs states that Direction 121 covers the Skills in Demand Subclass 482 and legacy Temporary Skill Shortage Subclass 482 applications. (Immigration and citizenship Website)

This distinction matters when reading older articles about Direction 119, because information stating that 482 applications fall under Direction 119 is no longer current from 19 September 2026.

What are the four processing priorities under Direction 122?

Direction 122 creates a relatively clear four-level hierarchy for the covered provisional and permanent skilled visa applications.

The exact order appears in section 6 of the Direction.

Where a visa application is properly combined with the primary applicant’s application, Direction 122 provides that it receives the same priority as the primary applicant’s application.

The biggest Direction 122 change: priority occupations are no longer restricted to onshore applicants

This is one of the most consequential differences between Direction 119 and Direction 122.

Under Direction 119, construction, healthcare and teaching occupations received their special sector priority only where the primary applicant was in Australia when the visa application was made. Direction 119 separately placed other offshore applications at the bottom of its five-level hierarchy. (Immigration and citizenship Website)

Direction 122 removes that geographical restriction from its highest sector-based priority.

An application relating to one of the specified priority sectors can now sit in Priority 1 whether the primary applicant lodged the application in Australia or outside Australia.

This potentially changes the processing position of many offshore applicants in healthcare, construction and teaching who were comparatively disadvantaged under Direction 119.

It is also highly significant for the newly added agriculture, aquaculture, fishing and resources categories.

Applicants should nevertheless avoid interpreting “Priority 1” as a guaranteed processing time. Home Affairs explains that actual processing times can still be influenced by application completeness, health and character checks, external agency information, application volumes, program places and other factors. (Immigration and citizenship Website)

If you already have a 189, 190, 491, 494, 186 or another affected skilled visa application pending, Visayab Migration Services can review the nominated occupation and application circumstances to help determine where the application appears to sit under the new Direction 122 framework.

Direction 122 vs Direction 119: complete comparison

The following table highlights the main differences.

Direction 119’s five-tier visa hierarchy placed onshore law-enforcement/defence applications first, offshore law-enforcement/defence second, onshore construction/healthcare/teaching third, other onshore applicants fourth and other offshore primary applicants fifth. (Immigration and citizenship Website)

Direction 122 substantially simplifies that structure by putting the specified priority industries into one first category and then using applicant location principally to distinguish applicants outside those priority industries.

Agriculture, aquaculture and fishing are now priority sectors

Agriculture, aquaculture and fishing represent some of the clearest additions under Direction 122.

Rather than simply providing a short ANZSCO list, Direction 122 defines an Agriculture, Aquaculture or Fishing occupation by reference to the work performed in primary-produce production or activities supporting productivity.

The Direction refers to activities including crop cultivation and harvesting; fishing and the breeding, raising, management or production of livestock, poultry, seafood and other primary agricultural products; agricultural production support such as animal health, irrigation, quality assurance, inspection and farm supervision; and certain slaughtering, processing, preparation and inspection activities associated with agricultural products.

This is particularly important because the wording is more activity-focused than simply saying that every occupation carrying an agricultural-sounding title automatically qualifies.

Applicants should therefore assess the actual occupation and the Direction’s definition carefully.

For employers and skilled workers in farming, food production, aquaculture or related industries, Visayab Migration Services can review whether the particular role and visa pathway potentially fall within the new Direction 122 priority definition.

Resources occupations now receive Priority 1 processing

The resources sector is another major addition.

Direction 122 defines resources-sector occupations by reference to positions directly supporting exploration, extraction and production of minerals, oil and gas or coal resources, including mine closure, decommissioning and rehabilitation activities.

The Direction then identifies particular ANZSCO groups and occupations.

This is a substantial change from Direction 119, which did not have a dedicated resources-sector processing category.

For applicants such as Mining Engineers, Geologists, Hydrogeologists, Surveyors, Metallurgists and certain mechanical trades, checking the exact ANZSCO code and how the position relates to the resources sector is now particularly important.

Construction occupations under Direction 122

Construction remains one of the major Priority 1 sectors.

However, Direction 122 contains an important expansion when compared with Direction 119.

The Direction’s construction definition includes the following ANZSCO groups and occupations:

Two particularly notable additions compared with the construction definition in Direction 119 are:

ANZSCO Unit Group 1332 – Engineering Managers, and
ANZSCO Unit Group 3122 – Engineering Draftspersons and Technicians.

Those groups did not appear in Direction 119’s construction definition. Direction 119 included Construction Managers, Architects, Civil Engineering Professionals and several construction trade/technician categories, but not these two groups. (Immigration and citizenship Website)

That makes the new Direction potentially significant for applicants in occupations such as certain engineering-management and engineering-drafting or technician roles.

Healthcare occupations under Direction 122

Healthcare remains a Priority 1 sector.

Direction 122 covers Health Professionals as well as several additional healthcare and welfare categories.

The central change for many healthcare applicants is therefore not simply the occupations themselves, but the removal of the previous onshore requirement for the special sector priority.

Under Direction 122 an eligible offshore healthcare application can fall within Priority 1.

Teaching and education occupations

Teaching also remains a priority sector.

Direction 122 includes School Teachers, Child Care Centre Managers and specifically identified education occupations.

This is especially relevant to offshore teachers and other covered education professionals because the dedicated sector priority under Direction 119 was tied to being in Australia when the application was lodged. Under Direction 122, the Priority 1 sector wording is no longer limited in that way.

Applicants uncertain whether their nominated occupation falls inside the teaching definition can seek a skilled migration assessment from the registered migration agent at Visayab Migration Services before relying on a particular processing-priority category.

Defence occupations have also been reframed

Direction 122 continues to prioritise occupations relating to Australia’s defence interests, but its definition is not identical to Direction 119.

Direction 119 referred to AUKUS Pillar I and Pillar II and also specifically listed several Defence Force ANZSCO classifications. (Immigration and citizenship Website)

Direction 122 uses broader contextual wording. It refers to occupations connected with or supporting delivery of AUKUS Pillar I or Pillar II, as well as occupations where an applicant is nominated or sponsored by the Australian Defence Force or Department of Defence and the person will undertake the occupation at a defence facility or support defence-related materiel or technology.

This makes it important to consider not only the occupation title but also the circumstances in which the position is being undertaken.

Law enforcement occupations

Direction 122 also gives Priority 1 treatment to qualifying occupations relating to Australia’s law-enforcement interests.

The Direction refers to ANZSCO Unit Group 4413 – Police where the applicant is nominated or sponsored by specified Australian policing organisations, including the Australian Federal Police and relevant state and territory police forces.

Again, the key change from Direction 119 is that the new Priority 1 structure does not separate law-enforcement cases into different priority levels depending on whether the applicant was onshore or offshore at lodgement.

What happens to ordinary occupations that are not Priority 1?

Direction 122 does not mean other skilled occupations have been removed from Australia’s skilled migration program.

For a covered visa application outside the Priority 1 sectors, location at the time the application was lodged remains highly important.

A primary applicant who was in Australia when the application was made generally falls within Priority 2.

A primary applicant who was outside Australia when the application was made and whose application was not combined with another person’s application generally falls within Priority 3.

The remaining applications fall within Priority 4, subject to the combined-application rules.

Importantly, the relevant wording refers to where the applicant was at the time the application was made. Moving to Australia after an offshore application was lodged does not rewrite the historical facts existing at lodgement.

Does Direction 122 apply to applications lodged before 19 September 2026?

Yes, provided the application falls within the Direction and had not already been finally determined.

Direction 122 expressly says that it applies to visa applications made but not finally determined before commencement, as well as applications made on or after commencement.

This means Direction 122 is relevant not only to new applications lodged from 19 September 2026.

It can also change the relative processing position of an application that was already sitting with Home Affairs under Direction 119.

For example, an offshore applicant in an occupation now falling within a Priority 1 sector may find that the application’s processing position is materially different under the new framework.

This does not mean that Home Affairs restarts the application or that the applicant needs to lodge another application merely because the Direction changed.

Applicants with existing applications should be particularly cautious about withdrawing and relodging solely because of a change in processing priorities without first obtaining professional advice.

New exception for compelling circumstances

Direction 122 also contains an important exception to the normal processing order.

Section 7 allows a delegate to depart from the ordinary priority order where satisfied that a particular application involves compelling circumstances affecting community safety or the continuity of essential religious, cultural or community services in Australia.

This provision should not be interpreted as creating a general right to request urgent processing whenever an applicant considers their circumstances important.

Its wording is specific, and any reliance on the exception would need to be considered against the actual circumstances of the case.

What about Subclass 482 under the new rules?

Subclass 482 has moved out of Direction 122 entirely.

The Department confirms that temporary skilled visa applications are now governed by Ministerial Direction 121. Under that Direction the first priority is again the specified priority sectors, while the Specialist Skills stream of the Skills in Demand visa receives the second processing priority. (Immigration and citizenship Website)

This is a notable change from Direction 119 and is particularly relevant to employers and offshore Specialist Skills applicants.

Therefore, anyone researching “Direction 122 482 visa” should understand that Direction 122 itself does not govern Subclass 482 applications. The relevant new Direction is Direction 121.

Does Direction 122 change the 189 invitation system?

No. Direction 122 concerns processing of visa applications after a relevant visa application exists.

It should not be confused with SkillSelect invitation-round settings, points thresholds or policies determining who receives an invitation to apply for a Subclass 189 visa.

A Priority 1 occupation under Direction 122 does not automatically mean an applicant will receive a 189 invitation, nor does Direction 122 reduce the points required to be eligible for a points-tested visa.

However, once a covered visa application has been lodged, Direction 122 may affect the order in which Home Affairs processes it.

Does Direction 122 change state nomination for 190 or 491?

Direction 122 does not itself determine whether NSW, Victoria, Western Australia, Queensland, South Australia, Tasmania, the ACT or the Northern Territory will nominate a person for a Subclass 190 or 491 visa.

State and territory governments continue to operate their own nomination requirements and selection processes.

Direction 122 becomes relevant to the Department of Home Affairs processing order for the covered visa application once the relevant application has been made.

Applicants therefore need to distinguish between three separate questions: whether they can receive state nomination, whether they satisfy the visa requirements, and what processing priority the resulting visa application receives.

Visayab Migration Services can assist applicants with this complete pathway, including skills assessment, points review, EOI and SkillSelect strategy, state nomination and subsequent visa application preparation.

Does Priority 1 guarantee a faster visa grant?

No guaranteed timeframe is created by Direction 122.

Priority 1 means the application receives a higher place within the Department’s processing order, but it does not override the requirement for the Department to complete the necessary assessment.

Home Affairs states that processing times are affected by matters including document completeness, responses to requests for information, health and character checks, external agencies, complexity, application volumes and migration-program availability. (Immigration and citizenship Website)

A complete, decision-ready application therefore remains important even where an occupation receives Priority 1 processing.

What Direction 122 means for applicants in practical terms

Direction 122 makes the exact nominated occupation and its relationship with the specified priority sectors more important than ever.

It should not be assumed that a job title used by an employer necessarily determines the processing category. ANZSCO classification, the wording of the Direction and, for some sectors, the nature of the position itself can matter.

For construction, healthcare, teaching and resources occupations, Direction 122 contains relatively detailed occupation definitions.

For agriculture, aquaculture and fishing, the definition relies substantially on the nature of the position and its connection with primary production and supporting productivity.

For defence-related occupations, the surrounding defence or AUKUS context may also be relevant.

A professional assessment can therefore be particularly valuable where the occupation does not fall obviously within one of the listed categories.

Direction 122: key takeaway

Ministerial Direction 122 represents a significant restructuring of Australian skilled visa processing priorities from 19 September 2026.

The most important changes are the addition of agriculture, aquaculture, fishing and resources, the expansion of certain construction categories, and the removal of the onshore-only limitation that previously affected special processing priority for construction, healthcare and teaching applications under Direction 119.

At the same time, the Government has separated temporary skilled visas from provisional and permanent skilled visas. Direction 121 now governs Subclass 482, while Direction 122 governs the specified provisional and permanent skilled visas. Home Affairs confirms that both Directions replaced the processing priorities that had operated under Direction 119. (Immigration and citizenship Website)

For applicants with an existing Subclass 186, 189, 190, 191, 491, 494, 887 or 888 application, or anyone preparing a new skilled migration application, the practical question is therefore no longer simply whether the occupation is on a skilled occupation list. It is also whether the application falls within one of the specific Priority 1 definitions under Direction 122.

Need advice about Ministerial Direction 122?

If you would like to know whether your occupation receives priority under Ministerial Direction 122, or how the new Direction affects an existing or proposed Australian skilled visa application, you can arrange a consultation with the registered migration agent at Visayab Migration Services.

Visayab Migration Services assists applicants and employers in Sydney and across Australia with skilled migration, employer-sponsored migration, skills assessments, SkillSelect and EOI strategy, Subclass 189, 190, 491, 494, 186 and other Australian migration pathways.

A case-specific review can help identify the correct ANZSCO occupation, determine whether the Direction 122 priority definition appears to apply, and consider the broader migration strategy rather than relying only on processing priority.

Frequently Asked Questions about Ministerial Direction 122

What is Ministerial Direction 122?

Ministerial Direction 122 is a direction made under section 499 of the Migration Act 1958 that determines the processing order for specified provisional and permanent skilled visa applications.

When did Direction 122 start?

Direction 122 was signed on 18 September 2026 and commenced on 19 September 2026. The Department of Home Affairs confirms the commencement date. (Immigration and citizenship Website)

Did Direction 122 replace Direction 119?

Yes, but not by itself. Home Affairs states that Directions 121 and 122 together replaced the processing priorities under Direction 119 from 19 September 2026. (Immigration and citizenship Website)

What occupations receive the highest priority under Direction 122?

The highest priority includes qualifying occupations in construction, healthcare, teaching, agriculture, aquaculture, fishing and resources, together with occupations relating to Australia’s law enforcement and defence interests.

Are offshore applicants eligible for Priority 1 under Direction 122?

Yes. Unlike Direction 119’s construction, healthcare and teaching priority, Direction 122’s highest sector priority is not restricted to applicants who were in Australia when they applied. This is one of the most important changes from Direction 119.

Is Subclass 189 covered by Direction 122?

Yes. The Skilled Independent Subclass 189 visa is specifically included in the Schedule to Direction 122.

Is Subclass 190 covered?

Yes. Subclass 190 Skilled Nominated is covered by Direction 122.

Is Subclass 491 covered?

Yes. Subclass 491 Skilled Work Regional is covered.

Is Subclass 494 covered?

Yes. Subclass 494 Skilled Employer Sponsored Regional is covered.

Is Subclass 186 covered?

Yes. The Employer Nomination Scheme Subclass 186 visa is covered by Direction 122.

Is Subclass 482 covered by Direction 122?

No. Subclass 482 applications are now dealt with under Ministerial Direction 121, not Direction 122. (Immigration and citizenship Website)

Does Direction 122 increase my points?

No. Direction 122 changes processing priority, not the points test.

Does Direction 122 guarantee approval?

No. An applicant must still satisfy all relevant legal criteria for their visa.

Does Direction 122 apply to applications already lodged?

Yes, subject to its scope and exclusions. It expressly applies to relevant applications lodged but not finally determined before commencement, as well as new applications.

Where can I obtain advice about Direction 122?

Applicants who are uncertain about their occupation or processing priority can obtain case-specific advice from a registered migration agent. Visayab Migration Services provides Australian migration assistance in Sydney and across Australia, including skilled visas, employer-sponsored visas, skills assessments, EOIs, state nomination and visa applications.