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Skilled Visa Processing Priorities Introduced Under Ministerial Direction 122

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Changes to Processing Priorities for Provisional and Permanent Skilled Visas

Ministerial Direction 122 (MD122), which commenced on 19 September 2026, changes the order in which certain provisional and permanent skilled visa applications are considered and finalised.

MD122 replaces the permanent and provisional skilled visa processing priorities previously contained within Ministerial Direction 119. The Direction applies not only to new applications but also to unfinalised visa applications lodged before 19 September 2026., meaning applications already in the processing queue may be reprioritised under the new framework.

At a glance - What changed?

The key changes are expanded priority sectors, higher priority for many onshore applicants, removal of nominations from the framework and a new discretion for compelling circumstances.

Who is affected?

Applicants for the following visa subclasses:

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

Skills in Demand (Subclass 482) visa applications are dealt with separately under Ministerial Direction 121.

What does it mean?

Processing priority affects when an application is considered, not whether it meets the relevant visa criteria. Applications linked to priority sectors may move through the queue sooner, while other applications may continue to experience delays.

What does MD122 do?

MD122 directs decision-makers on the order in which eligible visa applications are considered and finalised; it does not change visa criteria, program settings or occupation lists.

Thew new priority order is:

Priority 1

Applications relating to occupations in:

  • Construction
  • Healthcare
  • Teaching
  • Agriculture
  • Aquaculture
  • Fishing
  • Resources

Applications supporting Australia’s law enforcement or defence interests are also included in this highest priority group.

Unlike the previous Direction, these applications receive the highest priority regardless of whether the applicant was in Australia or overseas when the application was lodged.

Priority 2

All other applications lodged by primary applicants who were in Australia at the time the application was made.

Priority 3

Applications lodged by primary applicants who were outside Australia at the time of application, where the application is not combined with another person’s application.

Priority 4

All remaining applications.

Where family members are included in a combined application, they will generally receive the same processing priority as the primary applicant.

How does MD122 differ from MD119?

There are several important changes.

Expanded Priority Industries:

Under MD119, priority processing focused primarily on healthcare, teaching and construction occupations.

MD122 expands priority processing to include:

  • Agriculture
  • Aquaculture
  • Fishing
  • Resources

This is likely to be welcomed by employers operating in regional Australia and the resources sector, who continue to experience persistent workforce shortages.

No Longer applies to nominations

Unlike MD119, which applied to both nominations and visa applications, a significant change is that MD122 applies only to visa applications.

Onshore Applicants Favoured

For occupations outside the identified priority sectors, applicants already in Australia will generally be processed ahead of offshore applicants. This reinforces the Government’s stated focus on migrants already contributing to Australia’s workforce and economy.

New Compelling Circumstances Provision

MD122 introduces an exceptions framework that allows the Department to depart from the standard processing order where there are compelling circumstances relating to:

  • Community safety; or
  • The continuity of essential religious, cultural or community services in Australia.

This discretion did not exist under MD119.

What are wee seeing at Mapien?

Although MD122 has now commenced, it is still early days.

As we have seen following the introduction of MD121, processing priorities can have a significant impact on where applications sit within the Department’s queue and may result in published processing times fluctuating while existing applications are reprioritised.

At present:

  • We continue to see limited movement in some offshore permanent skilled visa applications.
  • Processing times remain significant across many permanent residence pathways – about 18 to 20 months.
  • Applications linked to priority sectors may benefit as resources are redirected under the new Direction.

We expect greater visibility on the practical impact of MD122 over the coming months as the Department works through existing application backlogs.

Key Takeaways

✅ MD122 commenced on 19 September 2026 and replaces the permanent and provisional skilled visa priority arrangements under MD119.

✅ Employers and applicants should review whether an occupation falls within a priority sector and allow for ongoing delays when planning recruitment, sponsorship and visa timelines.

✅ The Direction applies to undecided applications already on hand, not just new lodgements.

✅ The priority framework has expanded beyond construction, healthcare and teaching to include agriculture, aquaculture, fishing and resources.

✅ Law enforcement and defence-related occupations remain a top priority.

✅ Applicants who were in Australia at lodgement generally receive higher priority than offshore applicants outside the designated priority sectors.

✅ MD122 applies only to visa applications and no longer covers nominations.

✅ Planning ahead remains critical given ongoing processing delays across many skilled visa pathways.

How we can help

MD122 may affect workforce planning by changing when skilled visa applications are considered, particularly where an applicant’s occupation, industry sector or location at lodgement determines their place in the processing queue.

For advice on how MD122 may affect your organisation, sponsored employees, future migration strategy, please contact the Mapien Migration team below.

Written by:
Chief Migration Agent | MARN 0641314 | Business Owner
Sarah has been providing Australian and overseas businesses with immigration advice since 2006. With extensive experience and specialisation in corporate migration, Sarah has worked with some of Australia's largest corporations across multiple industries including Oil & Gas and Resources, Finance, Information Technology, Health, Banking and Education.