Directions 121 & 122: Skilled Visa Processing Priorities Reset

The Department of Home Affairs has replaced the skilled visa processing priorities it introduced in July. The change affects applications you already have on hand and, for many employers, reverses the effect of the previous Direction.

This update replaces our previous employer sponsor update on MD-119.

What has changed

Ministerial Direction 121 (MD-121) and Ministerial Direction 122 (MD-122) were signed on 18 September 2026 and commenced on 19 September 2026. Both were made under section 499 of the Migration Act 1958. MD-121 revokes MD-119, which was in force for 56 days.

Both Directions apply to new applications and to applications already lodged but not yet decided.

MD-119 prioritised by location first. The new Directions prioritise by sector first: specified sectors receive the highest priority whether the applicant is onshore or offshore, and location is used only to order everyone else.

Which visas are included

MD-121: Temporary skilled

• Skills in Demand (Class GK) (Subclass 482)
• Temporary Skill Shortage (Class GK) (Subclass 482)

MD-122: Provisional and permanent skilled

• Employer Nomination (Subclass 186)
• Regional Sponsored Migration Scheme (Subclass 187)
• Skilled Employer Sponsored Regional (Provisional) (Subclass 494)
• Skilled Independent (Subclass 189)
• Skilled Nominated (Subclass 190)
• Permanent Residence (Skilled Regional) (Subclass 191)
• Skilled Regional (Provisional) (Subclass 489)
• Skilled Work Regional (Provisional) (Subclass 491)
• Skilled Regional (Subclass 887)
• Business Innovation and Investment (Permanent) (Subclass 888)

Nominations

MD-119 set a separate priority order for nomination applications. MD-121 applies to visa applications only, and the Department’s summary of MD-122 lists visa subclasses only. On the published material, nominations are no longer prioritised.

Which visas are not included

• Sc 400 Short Stay Specialist: non-ongoing work limited to 3 or 6 months in a 12 month period
• Sc 417 and 462 Working Holiday: the Department has indicated processing is being slowed to reduce NOM
• Sc 600 Business Visitor, ETA and eVisitor: business activities only, no work

The priority order

MD-121: Skills in Demand (Subclass 482)

Exceptions: section 8 requires a delegate to depart from the standard order of priority for a particular application where the delegate is satisfied it involves compelling circumstances, such as those affecting community safety, the continuity of essential religious, cultural or community services in Australia, or Australia’s international relations. Direction 119 did not contain an equivalent exceptions provision. 

MD-122: Provisional and permanent skilled (figures for Subclass 186)

The priority sectors are;

• Construction
• Healthcare
• Teaching
• Agriculture
• Aquaculture
• Fishing and resources
• Law enforcement and defence

Processing figures are the Department’s published position as at September 2026. They show the oldest application on hand in each category, not how quickly a new application will be reached. The Department has advised that timeframes may fluctuate during the transition, and some may temporarily move backwards while applications are re-prioritised.

Four points follow from this structure.

1. Offshore priority is restored for priority sectors
   an offshore nurse, teacher or construction worker now sits in Priority 1 alongside onshore equivalents.
2. Specialist Skills carry priority under MD-121
   the Specialist Skills stream sits in Priority 2, ahead of all other 482 applications outside the priority sectors.
3. The location is still fixed at the time of application
   for applicants outside the priority sectors, arriving in Australia after lodging offshore does not change the category.
4. Offshore applicants who apply with family drop a category
   for offshore applicants outside the priority sectors, the offshore category applies only where the application is not combined with another person’s application. Under MD-121, including a partner or children moves the application to the lowest category. The Department’s summary of MD-122 uses the same wording. Family members who apply together with the primary applicant take the primary applicant’s priority. The published figures do not yet show how the two offshore categories will diverge.

What falls outside the priority system

Under MD-121:

• Applications remitted by the Administrative Review Tribunal, or where the Tribunal has substituted a decision
• Applications where it is readily apparent the criteria would not be satisfied
• Family members applying separately from a primary visa holder, where the primary visa holder was in Australia when they applied

The last category has narrowed. Where the primary visa holder applied from offshore, a later family application is now ordered by the Direction.

MD-121 also requires a delegate to depart from the priority order where an application involves compelling circumstances, such as community safety, the continuity of essential religious, cultural or community services, or Australia’s international relations. MD-119 had no equivalent.

Which occupations fall into each group

The definitions below are from MD-121. The Department’s summary indicates MD-122 applies the same sectors. The nominated occupation determines priority, not the job title. For agriculture, resources and defence, the nature of the position also matters.

Law enforcement

Unchanged. ANZSCO Unit Group 4413 (Police), nominated or sponsored by the Australian Federal Police or a State or Territory police force. Not available to commercial employers.

Defence

Broadened. Any occupation relating to or supporting AUKUS Pillar I or II, or where the applicant is nominated or sponsored by the ADF or the Department of Defence. Also any occupation where the applicant holds a letter of support from the ADF or Defence and will ordinarily work at a defence facility, or where the occupation supports the production or supply of defence-related materiel or technology.

The occupation list from MD-119 is gone. If your business supplies Defence, the letter of support route may open Priority 1 for roles of any kind.

Healthcare

Unchanged. Sub-major Group 25 (Health Professionals), Minor Group 411 (Health and Welfare Support Workers), and Unit Groups 2346 Medical Scientists, 2721 Counsellors, 2723 Psychologists, 2725 Social Workers, 3112 Medical Technicians. Also 423111 Aged or Disabled Carer, 423312 Nursing Support Worker and 423313 Personal Care Assistant.

Teaching

Minor Group 241 (School Teachers) and Unit Group 1341 (Child Care Centre Managers). Also 134311 School Principal, 242111 University Lecturer, 242211 Vocational Education Teacher, 421111 Child Care Worker, and new to the list, 134411 Faculty Head.

Construction

Sub-major Groups 33 (Construction Trades Workers) and 82 (Construction and Mining Labourers), and Unit Groups 1331 Construction Managers, 2321 Architects and Landscape Architects, 2332 Civil Engineering Professionals, 3121 Architectural, Building and Surveying Technicians, 3126 Safety Inspectors, 3129 Other Building and Engineering Technicians, 3222 Sheetmetal Workers, 3223 Structural Steel and Welding Trades Workers, 7111 Clay, Concrete, Glass and Stone Processing Machine Operators, 7121 Crane, Hoist and Lift Operators, 7212 Earthmoving Plant Operators. Also 341111 Electrician (General) and 341112 Electrician (Special Class).

New to the list: Unit Group 1332 Engineering Managers and Unit Group 3122 Civil Engineering Draftspersons and Technicians.

Resources (new)

Positions directly supporting the exploration, extraction and production of minerals, oil and gas, or coal, including mine closure and rehabilitation. Includes Unit Groups 2336 Mining Engineers, 2344 Geologists, Geophysicists and Hydrogeologists and 7122 Drillers, Miners and Shot Firers, and 133513 Production Manager (Mining), 232212 Surveyor, 232214 Other Spatial Scientist, 234912 Metallurgist, 323211 Fitter (General), 323212 Fitter and Turner, 323213 Fitter-Welder, 323214 Metal Machinist (First Class) and 323299 Metal Fitters and Machinists nec.

The position must directly support resources activity. A fitter in general manufacturing does not qualify.

Agriculture, aquaculture and fishing (new)

No occupation list. A position qualifies where it is directly involved in primary produce production or supporting productivity, including crop production, livestock and seafood production, agricultural support such as animal health, irrigation and quality assurance, and the slaughter, processing or inspection of livestock, poultry, seafood or other primary agricultural products.

Meat and food processing roles now sit in Priority 1. Because the test turns on what the position involves, the position description determines priority.

Everything else

Occupations outside these definitions, including most technology, professional services, hospitality, manufacturing and general engineering roles, are ordered by the applicant’s location and, offshore, by whether family members are included.

Current processing timeline

At first glance, the published figures appear to run against the priority order. Priority 1 shows older lodgement dates than the onshore category beneath it, in both subclasses.

This reflects how the Department reports and the effect of the re-prioritisation, not a loss of priority. Offshore applications in the priority sectors, some lodged in mid 2024, sat in the lowest category under MD-119. They have now moved into Priority 1 with their original lodgement dates, and the published month shows the oldest of them.

Because Priority 1 is allocated ahead of every other category, we expect that backlog to clear and the Priority 1 date to move forward faster than the categories below it. Recently lodged Priority 1 applications will be reached once the older applications in the same category are cleared.

The Specialist Skills figure is the exception. Applications lodged in July 2026 are being processed, indicating very little backlog in that category.

Processing timeframes going forward

The Department has not indicated how quickly the Priority 1 backlog will clear, or how it will allocate resources across the remaining categories. Published dates are likely to move quickly over the coming months as the transition settles. We are seeking clarification and will update clients as information becomes available.

What this means for your business

Offshore recruitment in priority sectors is viable again

Healthcare, construction, teaching, resources and agricultural recruitment from overseas now attracts the highest priority. Plans paused under MD-119 should be revisited. Expect the published Priority 1 dates to lag during the transition.

Specialist Skills is worth testing

Where a role meets the Specialist Skills requirements, the category currently carries very little backlog.

Offshore applicants outside priority sectors need a family strategy

Lodging the primary applicant alone can preserve a higher category, but separates the family and affects how later applications are treated. The published figures do not yet show how the two offshore categories will diverge. This needs case-by-case advice.

Nominations need to be decision ready

With nominations outside the priority system, a Priority 1 visa application still waits on the nomination. Early, complete nominations are the main lever employers control.

Position descriptions now carry priority consequences

For agriculture, resources and defence, the evidence supporting the nomination determines where the visa application sits.

Accredited sponsorship, regional positions and intra-company transfers are still not prioritised

None of these received priority under MD-119 and none do now.

Keep documents current

Health examinations and police certificates are generally valid for 12 months. Passports, English test results and skills assessments can also expire.

Plan for further change

MD-105 lasted 19 months. MD-119 lasted 56 days. Workforce plans should assume priorities can change at short notice.

How we are supporting our clients

Immediate application reviews: We are reassessing every lodged and unlodged application against the new Directions and will contact clients individually where the category has changed, where family composition affects priority, or where the nomination or position description needs attention.

Advocacy & industry engagement: The new Directions resolve the issue we raised most strongly with MD-119: the absence of priority for offshore healthcare workers. We welcome that change and the addition of agriculture, food processing and resources.

We will continue to raise the remaining issues with government and industry stakeholders: nominations sitting outside any priority framework, the disadvantage to offshore applicants who include their families, the absence of priority for intra-company transfers, and the pace of change. We encourage clients to raise these issues through their industry bodies and government relations teams.

Urgent matters

Please contact us if any of the following apply:

• A nominated worker’s start date is commercially critical, or the role cannot be held open
• You paused an offshore hire in a priority sector under MD-119
• An offshore nominee outside the priority sectors intends to apply with family
• Your business supplies Defence and may qualify for a letter of support
• Your role involves agriculture, food processing or resources and the position description does not reflect that clearly