Two days after Minister Tony Burke set out a package of migration changes at the National Press Club on 17 September 2026, the Department of Home Affairs put one part of it into operation. From 19 September 2026, Ministerial Direction 119 (MD119), which had set the processing order for skilled visas since late July, no longer applies.
It has been replaced by two new directions: Ministerial Direction 121 (MD121) for temporary skilled visas and Ministerial Direction 122 (MD122) for provisional and permanent skilled visas.
If you or your business have a skilled visa application in the queue, or are about to lodge one, the new order of priority may change where you sit. This article explains what the two directions say, how they differ from MD119 and what to do next.
What Are Ministerial Direction 121 and Ministerial Direction 122?
Ministerial Directions of this kind set the order in which the Department considers visa applications. They do not change the criteria an applicant must meet, and they do not guarantee a decision by a particular date. They decide which applications are picked up first when demand is higher than processing capacity.
Until 18 September 2026, one direction (MD119, in effect from 25 July 2026) covered all skilled visas. The Department has now split that into two instruments, so the first step is to work out which direction applies to your visa subclass:
| Direction | Visa subclasses covered |
| MD121 (Temporary skilled) | Skills in Demand (subclass 482), including legacy Temporary Skill Shortage applications |
| MD122 (Provisional and permanent skilled) | Subclasses 186, 187, 189, 190, 191, 489, 491, 494, 887 and 888 |
What Is the Processing Order under MD121?
MD121 applies to the subclass 482 visa and has five tiers, in this order:
| Priority | Applications |
| 1 | Relating to the construction, healthcare, teaching, agriculture, aquaculture, fishing or resources sectors or to Australia’s law enforcement and defence interests |
| 2 | In the Specialist Skills stream of the Skills in Demand visa |
| 3 | Lodged while the applicant was in Australia |
| 4 | Lodged while the primary applicant was outside Australia and not combined with another person’s application (e.g. no dependants included) |
| 5 | All other applications |
What Is the Processing Order under MD122?
MD122 applies to the provisional and permanent skilled visas listed above. It has four tiers, because the Specialist Skills stream tier only makes sense for the subclass 482 visa:
| Priority | Applications |
| 1 | Relating to the construction, healthcare, teaching, agriculture, aquaculture, fishing or resources sectors or to Australia’s law enforcement and defence interests |
| 2 | Lodged while the applicant was in Australia |
| 3 | Lodged while the primary applicant was outside Australia and not combined with another person’s application |
| 4 | All other applications |
How Is This Different from MD119?
The changes go further than a longer list of sectors. Based on the published wording of the directions, the main differences are as follows:
| Feature | MD119 (from 25 July 2026) | MD121 and MD122 (from 19 September 2026) |
| Structure | One direction for all skilled visas | Two directions, split by visa type |
| Priority sectors | Construction, healthcare and teaching (plus law enforcement and defence) | Adds agriculture, aquaculture, fishing and resources |
| Onshore requirement for sector priority | Construction, healthcare and teaching ranked highly only where the applicant was in Australia | Top tier is written as applications ‘relating to’ the priority sectors, with no onshore or offshore qualifier |
| Where location matters | Across the ordering, including within the sector tiers | Only in the tiers below the priority sectors |
| Offshore applicants | Ranked at the bottom unless in law enforcement or defence | Lone offshore applicants are ranked ahead of offshore applicants with combined applications |
Can an Offshore Applicant Now Be Ahead of an Onshore Applicant?
On the plain wording, potentially yes.
Under MD119, an offshore applicant in construction, healthcare or teaching did not gain any ranking benefit from their sector. Under MD121 and MD122, the first tier is not tied to where the applicant was when they lodged. That means an offshore application in a priority sector can sit in the top tier, above an onshore application that falls outside those sectors.
Important: the Department’s published page does not define what it means for an application to be ‘relating to’ a sector, and priority is an order of consideration only. It does not set a timeframe, and an application with outstanding information requests may not move as quickly as its tier suggests. We recommend confirming how your occupation and application are being treated before making any decision that depends on it.
Do these directions apply to employer nomination applications?
This is a point to check carefully. MD119 dealt with nominations under its own schedule. Some commentators have read MD121 and MD122 as not covering standalone nomination applications, but the Department has not published a statement either way at the time of writing. If you have a pending nomination, do not assume the answer either way. Ask us to review the instrument as it applies to your matter.
What Else Was Announced on 17 September 2026 and Is Still to Come?
The processing directions are one part of a wider package. The Minister also announced the following changes, which have been described as announcements and are not yet all in force:
- Points test redesign: a mechanism to give certain skills the same points as a university qualification, with housing trades to receive parity with tertiary education.
- International student family members: family members will no longer be automatically attached to international student or graduate visas going forward, with exceptions including Pacific and ASEAN students and PhD candidates. Families already onshore are not affected.
- Visitor visas: a no further stay condition (condition 8503) applied to visitor visas.
- Working Holiday Maker program: a two-tier ballot for second and third year visas, with a limit of 45,000 places for year two and 5,000 places for year three.
- Student visa progression: restrictions on lateral or downward course changes.
We will publish updates as each measure is legislated or implemented.
What Should You Do Now?
- Check which direction applies to your visa subclass (MD121 for subclass 482, MD122 for the other skilled visas listed above).
- Do not rely on any earlier statement about your position under MD119. That reference is now out of date.
- Confirm whether your occupation or role falls within one of the priority sectors, and how that was assessed.
- Review whether your lodgement location (onshore or offshore) and the composition of your application affect your tier.
- If you are an employer with a pending or planned nomination, ask for advice on whether these directions affect it.
- Keep all information requests from the Department current, as an unanswered request can delay your application regardless of tier.
How Can SALIA Lawyers & Associates Help?
At SALIA Lawyers & Associates Pty Ltd, we help individuals and employers understand how changing processing priorities apply to their skilled visa matters.
If you have a pending application or nomination, we can check it against MD121 or MD122 and advise on your next steps.
Frequently Asked Questions
Is MD119 still in force?
No. MD121 and MD122 replaced MD119 for skilled visa processing priorities with effect from 19 September 2026.
Which direction applies to my visa?
MD121 applies to the Skills in Demand visa (subclass 482). MD122 applies to subclasses 186, 187, 189, 190, 191, 489, 491, 494, 887 and 888.
Does a higher priority tier mean a faster decision?
Not necessarily. Priority sets the order in which applications are considered. It is not a service standard, and it does not promise a decision within a set time.
Do the new directions change the visa criteria?
No. The directions affect the order of processing only. Eligibility requirements, including skills assessments, English, health and character, are unchanged.
Are the other announced changes already law?
Not all of them. The points test redesign, student family visa changes, visitor visa conditions and Working Holiday Maker ballot were announced on 17 September 2026 and are still being implemented.
Disclaimer: Please note that the information provided is intended as a general guide and should not be relied upon as legal or migration advice. As migration laws and regulations can change, we recommend consulting an Australian Lawyer or Registered Migration Agent for advice tailored to your circumstances.
