Ministerial Direction 117: What the New Family Visa Processing Priorities Mean for Applicants
On 25 July 2026, Ministerial Direction 117 came into effect, replacing Ministerial Direction 102 and changing the way the Department of Home Affairs prioritises Family visa applications. Importantly, these changes apply not only to new applications but also to many applications already waiting for a decision.
For families hoping to reunite in Australia, understanding these changes is critical. The order in which an application is processed can significantly affect waiting times and expectations.
What is Ministerial Direction 117?
Ministerial Direction 117, authorised under the Migration Act 1958, instructs Departmental decision-makers on the order in which Family visa applications should be considered and finalised. The Direction applies to:
Applications lodged before 25 July 2026 that had not yet been finally determined.
Applications lodged on or after 25 July 2026.
Certain applications remitted from the Administrative Review Tribunal (ART).
This means that many applicants who have already been waiting for a visa decision may now find their applications moved up or down the processing queue.
The Most Significant Change
The most important change introduced by Ministerial Direction 117 is the creation of a new two-tier system that prioritises certain onshore applicants ahead of offshore applicants. Under the new Direction, applications are first divided into two groups:
Higher Priority Group, including applications where:
The primary applicant is in Australia at the time of application; and
The visa can be granted while the applicant is in Australia.
Lower Priority Group, including applications where:
The primary applicant is outside Australia when the application is lodged; or
The visa requires the applicant to be outside Australia at the time of grant.
Only after applicants are divided into these groups does the Department apply the family visa processing order (see below).
How Family Visa Applications Will Be Prioritised
Within each group, applications are processed in the following order:
1. Ministerial Intervention Cases
Applications where the Minister has exercised certain discretionary powers to substitute a decision that is more favourable to the applicant.
2. Partner and Child Visas
Applications on the basis of the primary applicant being the spouse, de facto partner, prospective spouse or dependent child of a sponsor or proposed sponsor. This means Partner visas and Child visas continue to receive the highest practical processing priority for most applicants.
3. Orphan Relative Visas
Applications based on the applicant being an orphan relative of the sponsor.
4. Contributory Parent Visas
Including the following:
Subclass 143
Subclass 173
Subclass 864
Subclass 884
5. Carer Visas
Applications where the primary applicant seeks to qualify as a carer.
6. Parent and Other Family Visas
Including:
Non-contributory parent visas (Subclass 103 & 804)
Remaining Relative visas
Aged Dependent Relative visas.
These categories remain the lowest priority under the Direction.
What Does This Mean for People Who Have Already Applied?
For many applicants, the key message is that the queue has effectively been reshuffled.
Because Ministerial Direction 117 applies to applications already on hand, existing applicants will now be processed according to the new priority order rather than the order that existed when they lodged their application.
Potential Winners
Applicants may benefit if they:
Applied onshore;
Hold an onshore Partner visa application;
Hold an onshore Child visa application; or
Are in a category that now benefits from the new onshore prioritisation.
Potentially Disadvantaged Applicants
Applicants may experience longer waiting periods if they:
Applied from outside Australia;
Hold offshore Partner or Child visa applications;
Have Parent visa applications;
Have Remaining Relative or Aged Dependent Relative applications.
It is important to note that the Direction does not guarantee processing within any specific timeframe. It only governs the order in which applications are considered.
What About Parent Visa Applicants and Associated Capping?
Parent visa applicants should pay particular attention to the interaction between Ministerial Direction 117 and Ministerial Direction 103.
Ministerial Direction 103 continues to govern the processing of visa applications affected by annual caps imposed under section 85 of the Migration Act 1958. Where there is any inconsistency between the two Directions, Ministerial Direction 103 prevails. This is particularly relevant because Parent visa subclasses are among the visa categories most commonly subject to annual caps.
As a result, even if an application is assessed and ready for decision, visa grant limits may continue to affect when a visa can ultimately be granted.
Can the Department Depart from the Processing Order?
Yes. Ministerial Direction 117 allows a delegate to depart from the normal order where an applicant demonstrates:
Special circumstances of a compassionate nature; and
Compelling reasons to alter the processing priority.
The Direction does not define all circumstances that may qualify, and decisions will depend on the facts of each case.
What Should Prospective Applicants Do?
If you are planning to lodge a Family visa application, processing priorities should now form part of your strategic planning.
Factors that may require careful consideration include:
Whether the application will be lodged onshore or offshore;
Timing of travel arrangements;
Eligibility for onshore lodgement;
Bridging visa implications;
Expected processing delays;
Alternative visa pathways available while awaiting a decision.
Every family's circumstances are different. A strategy that works well for one applicant may not be appropriate for another.
Key Takeaways
Ministerial Direction 117 commenced on 25 July 2026 and replaces Direction 102.
It applies to both new and existing undecided Family visa applications.
Onshore applicants who can receive a visa grant while in Australia are now prioritised ahead of offshore applicants.
Partner and Child visa applications remain the highest-priority family visa categories.
Non-contributory parent and other family visa categories remain lower in the processing order.
Compassionate circumstances may justify departure from the standard processing order in limited cases.
Existing applicants may experience changes in expected processing times due to the reordering of the queue.
Need Advice?
The impact of Ministerial Direction 117 will vary depending on your visa subclass, your location, the stage of your application and your personal circumstances.
If you have already lodged a family visa application, or are considering applying, obtaining tailored advice can help you understand how these new priorities may affect your case and whether there are strategic options available to you.
Contact Ruppert Legal today for a consultation. Our experienced immigration law team can assess your circumstances, explain the likely impact of Ministerial Direction 117, and help you make informed decisions about your migration pathway.
References
Migration Act 1958 (Cth), ss 51(2), 85, 351
Migration Institute of Australia, MIA Notice 7 - 30 July 2026: New Ministerial Directions on nomination and visa processing priorities, summarising Ministerial Direction 117, accessed 30 July 2026.
Please note that this publication is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances.
If you have found the publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact us at info@ruppertlegal.com.au or make an appointment at a time convenient to you via the Ruppert Legal Booking Page.
