Ministerial Direction 120: What Has Changed for National Innovation Visa (NIV) Applicants?
On 24 July 2026, Ministerial Direction No. 120 (MD 120) has been released and replaced the previous Ministerial Direction No. 112 (MD 112). This direction focuses on the processing priorities and considerations of the National Innovation Visa (NIV) – Subclass 858 visa applications. Whilst this direction does not introduce new visa pathways, it gives guidance to decision makers on what applications to prioritise when assessing visa applications for a NIV visa.
The National Innovation Visa (NIV) – Subclass 858
The National Innovation Visa is introduced to provide a permanent residency pathway for skilled migrants who are significantly high calibre within their field and have abilities to make outsized contributions to Australia. The selected candidate must demonstrate a recognised record of exceptional and outstanding achievement in their field of expertise.
Ministerial Direction 120 (MD 120)
Under MD 120, the processing priority has remained the same as the previous MD 112. The top priority is given to visa applications submitted by exceptional applicants who are global experts and recipients of international level awards that are top of their fields. Some examples of ‘international level awards’ include but not limited to Nobel Prizes, Olympic Gold Medal, International Booker Prize, and Rousseeuw Prize.
The second priority is given to applicants nominated by an expert Australian Government agency or State or Territory Government agency (More about NSW Nomination for a NIV visa: Registrations Now Open: NSW Nomination for the National Innovation Visa (NIV)).
The third priority is given to applicants who demonstrate exceptional and outstanding achievements in the tier 1 priority sectors, namely critical technologies; renewables and low emission technologies; and health industries. The fourth priority is given to applicants whose achievements fall within tier 2 priority sectors – Argri-food and Ag-tech; defence capabilities and space; education; financial services and FinTech; infrastructure and transport; and resources.
Any other visa applications are placed fifth in processing priority.
The new direction also maintains the same guidelines in considering whether someone’s exceptional and outstanding achievements are recognised. This includes evidence of Australian or foreign research grants; evidence of a doctorate degree accompanied by evidence of recent publications in top ranked journals, high h-index in early stage of career, etc; evidence of recent keynote appearance in high-profile international conference; evidence of international patents; and earnings at or above the high-income threshold, currently $190,100.
The assessment also considers other achievements, including top of field level sports and arts awards; evidence of innovative business activities; evidence of promising entrepreneurial activities that might be beneficial to the commercialisation of a product or service in Australia; evidence of exceptional services provide to the Australia community; or other exceptional achievements that support an expert Australian Government agency or State or Territory Government agency’s strategic priorities.
The direction also makes it mandatory for decision makers to have regard to any other relevant information – be it beneficial or unfavourable - provided by the applicant.
What has changed?
Although very subtle and almost easy-to-miss, in the new MD 120, the direction has directed decision make to not only adhere to the processing priorities and considerations listed when considering and disposing of NIV visa applications, but also to ‘have due regard to the Government’s policy intentions concerning the size and composition of the Migration Program’.
Comparing the permanent program planning levels by financial year, the planning level for talent and innovation visas has dropped from 5,300 places in previous financial years to a new low of 3,500 for 2026-27, in an effort to focus on applications with internationally recognised record of exception achievement. The Business Innovation & Investment visas, which has been closed to new applications, take up 20 places in the 3,500 allocated in this financial year. To date, 146 invitations have been issued in the January to March 2026 NIV EOI invitation round.
What does this mean?
Since the program number has decreased, the imposition of the new MD 120 effectively means candidates may face a more competitive landscape. The new MD 120 further reinforces the importance of demonstrating how an applicant aligns with the Government's current processing priorities.
It has also marked why it is more important than ever for applicants to present a strong application that clearly demonstrates their outstanding and exceptional achievements and contributions.
If you are considering the NIV visa as part of your migration strategy, seeking tailored advice can help you understand how these changes may affect your circumstances and how best to position your application. Our team can help you assess your eligibility, understand the impact of the new processing priorities, and develop a strategy to maximise the prospects of a favourable outcome.
At Ruppert Legal, we currently offer a free 15-minute Discovery Call with a lawyer to discuss your circumstances and outline immigration pathways that might be available to you.
Book your free Discovery Call today via our booking link here.
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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.
