Ministerial Directions 121 and 122 Replace Direction 119: What Skilled Visa Applicants and Employers Need to Know
Less than three months after the introduction of Ministerial Direction 119 (MD119), the Australian Government has significantly revised its skilled visa processing priorities by introducing Ministerial Direction 121 (MD121) and Ministerial Direction 122 (MD122). Both Directions were signed on 18 September 2026 and commenced the following day. MD121 expressly revokes MD119 and establishes a new framework for temporary skilled visas under the subclass 482, while MD122 introduces corresponding priority arrangements for certain provisional and permanent Skilled visa applications.
For many employers and visa applicants, this is a welcome development.
When MD119 was introduced in July 2026, it created considerable uncertainty as it limited the occupations receiving priority processing to those predominantly already in Australia. Many skilled workers and businesses worried that applications outside the priority sectors could face significantly longer processing delays.
We discussed the impact of MD119 in our previous article:
The rapid replacement of MD119 suggests that the Government has refined its approach, broadening access to priority processing while continuing to focus on Australia's workforce and economic needs.
Why Were New Directions Needed?
Australia continues to experience workforce shortages across several industries, particularly construction, healthcare, education, agriculture, resources and other strategically important sectors.
Under the new Directions, the Government has sought to:
Continue prioritising occupations experiencing genuine shortages;
Support industries of national importance;
Recognise the economic contribution of highly skilled migrants; and
Create greater consistency between temporary and permanent skilled visa processing.
The Department of Home Affairs has also updated its skilled visa processing priority framework to reflect these new Directions.
Ministerial Direction 121: Temporary Skilled Visa Processing Priorities
MD121 applies to the Subclass 482 Skills in Demand visas and the remaining undecided Subclass 482 Temporary Skill Shortage visa applications. Importantly, MD121 introduces a broader priority framework than existed under MD119, as follows:
Priority 1: Critical Skills Occupations
In addition to the occupations relating to Australia's defence and law enforcement interests that were listed in Priority 1 of MD119, MD121 adds specific occupations in the following industries to the highest level of processing priority:
Construction
Healthcare
Teaching
Agriculture
Aquaculture
Fishing
Resources
One particularly positive development for many of our employer clients is the inclusion of several resources sector occupations critical to Australia's mining, resources, manufacturing and industrial sectors which also now receive the highest processing priority. For a full list of occupations, please refer to MD121.
Priority 2: Specialist Skills Stream Applications
One of the most significant changes introduced by MD121 is the creation of a separate high-priority category for applications lodged under the Specialist Skills stream of the Subclass 482 Skills in Demand visa. The Direction specifically recognises that the Specialist Skills stream is intended to provide a streamlined pathway for highly skilled migrants who deliver significant economic benefits to Australia.
This means that even where an occupation is not within one of the critical priority sectors, applicants may still receive favourable processing treatment if they qualify under the Specialist Skills stream. For highly skilled professionals working in areas such as engineering, technology, advanced manufacturing, consulting and professional services, this should provide considerably more confidence than many felt under MD119.
Remaining Priority Order
After the above categories, priority is given to:
Priority 3: Primary applicants who are in Australia at the time of application.
Priority 4: Certain offshore primary applicants whose applications are not combined with another person’s application at any time.
Priority 5: Remaining applications.
Ministerial Direction 122: Provisional Permanent Skilled Visa Processing Priorities
While much of the attention has focused on temporary skilled visas, MD122 is equally important.
MD122 establishes the processing priority framework for several permanent and regional skilled visa subclasses, including:
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 491 Skilled Work Regional
Subclass 494 Skilled Employer Sponsored Regional
Subclass 887 Skilled Regional visas
Subclass 888 Business Innovation and Investment visas
Priority 1: National Priority Occupations
The highest priority under MD122 mirrors the temporary visa priorities and applies to occupations in the same industries, i.e. Construction, Healthcare, Teaching, Agriculture, Aquaculture, Fishing, Resources, Defence-related and Law-enforcement-related occupations.
Priority 2: Onshore Applicants
The next level of priority applies to primary applicants who are in Australia when they lodge their application.
Priority 3: Offshore applicants excluding additional applicants
Priority then flows to certain offshore primary applicants whose application is not combined with another person’s application at any time.
Priority 4: All other applicants
Finally, all other applications, other than those for family members linked to the primary applicant's priority position, are considered.
A More Balanced Approach Than MD119
The introduction of MD119 was stressful for many applicants and employers.
We regularly spoke with businesses concerned that they were sponsoring genuinely skilled workers needed by their organisations, yet those occupations did not neatly fit within the initial priority groups. For applicants who had already invested substantial time, money and planning into a visa application, uncertainty around processing times created considerable anxiety.
MD121 and MD122 appear to take a more balanced approach.
The Government has maintained strong support for sectors experiencing acute workforce shortages while also recognising that Australia's economy relies on a much broader range of highly skilled professionals.
The addition of priority processing for the Specialist Skills stream under MD121 is particularly significant because it extends favourable processing treatment beyond the traditional shortage occupation categories. This should benefit many highly skilled workers who contribute strongly to Australia's economy but may not work in construction, healthcare, education or resources.
What Does This Mean for Employers?
Although processing priorities have changed, one thing remains the same: Decision-ready applications are still critical.
Priority processing determines where an application sits in the queue. It does not guarantee visa approval nor compensate for incomplete documentation or poorly prepared applications.
Employers should continue to:
Ensure nomination applications are properly prepared;
Provide strong supporting evidence;
Confirm the correct occupation classification;
Identify whether a position may qualify for the Specialist Skills stream; and
Seek advice before lodgement where priority processing may affect workforce planning.
Final Thoughts
The replacement of MD119 by both MD121 and MD122 in such a short period demonstrates how quickly Australia's skilled migration settings can evolve.
The new Directions retain priority processing for occupations experiencing critical shortages while expanding opportunities for a broader group of highly skilled migrants, particularly those eligible under the Specialist Skills stream of the Subclass 482 visa.
For employers facing skills shortages and for skilled workers planning their future in Australia, the changes are likely to provide greater certainty, reduced anxiety and improved access to priority processing pathways across both temporary and permanent skilled migration programs.
If you would like advice on how these new processing priorities may apply to your business or visa application, contact the team 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.
References
Skilled Visa Processing Priorities – Department of Home Affairs.
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.
