Ministerial Direction 122 Explained: What It Means For Australia’s Permanent And Provisional Skilled Visa Applicants

If you are researching Ministerial Direction 122, you are looking at one of the most significant updates to Australia’s permanent and provisional skilled migration program in recent months. This direction reshapes the order in which the Department of Home Affairs (DOHA) works through a long list of skilled visa applications, from the Skilled Independent visa to the Employer Nomination Scheme visa, and it can directly influence how long you or your sponsored employee waits for a decision.

In this article, we walk through what Ministerial Direction 122 actually says, why it exists, which visas it covers, and how the new priority system works in practice.

Key Takeaways

• Signed on 18 September 2026 by Tony Burke. Commenced 19 September 2026, under section 499 of the Migration Act 1958.
• Covers 10 permanent and provisional skilled visas: Subclass 186, 187, 189, 190, 191, 489, 491, 494, 887 and 888. Does not cover Subclass 482, which falls under Ministerial Direction 121.
• Four-tier priority order:

• • Tier 1: Construction, healthcare, teaching, agriculture, aquaculture, fishing, resources, or law enforcement and defence-related occupations, whether onshore or offshore.
  • Tier 2: All other onshore primary applicants.
  • Tier 3: Offshore primary applicants with an application not combined with another person’s.
  • Tier 4: All other applications.

• Combined family applications get the same priority as the primary applicant.
• Delegates can depart from the order only for compelling circumstances affecting community safety or essential religious, cultural, or community services.
• Applications under a section 85 visa cap still follow the same priority order, unless the exception above applies.
• Applies to pending applications lodged before 19 September 2026, and to new applications from that date onward.
• Does not apply to applications remitted or already decided by the Administrative Review Tribunal or former Administrative Appeals Tribunal, Applications clearly not meeting grant criteria, or certain separate family unit applications.
• Changes only the processing order, not eligibility. Occupation lists, visa criteria, and outcomes remain governed by the Migration Act 1958 and Migration Regulations 1994.

What Is Ministerial Direction 122

Ministerial Direction 122 is an official instrument issued under section 499 of the Migration Act 1958 by Tony Burke, Australia’s Minister for Home Affairs and Minister for Immigration and Citizenship. It is formally titled “Order for considering and disposing of visa applications for certain provisional and permanent Skilled Visas.”

In simple terms, it is a rulebook that tells Home Affairs case officers the exact sequence in which pending applications for a wide range of permanent and provisional skilled visas must be worked through, rather than simply processing everything strictly by lodgement date.

The direction was signed on 18 September 2026 and took effect the following day, 19 September 2026. Alongside its companion instrument, Ministerial Direction 121, it replaced all processing priorities that had previously operated under Ministerial Direction 119.

The Legal Basis Behind The Direction

Ministerial Direction 122 draws its authority from section 499 of the Migration Act 1958, which allows the Minister to give written directions to decision makers about how they must exercise their powers or perform their functions under the Act. The full text of section 499 is available on the Federal Register of Legislation at legislation.gov.au.

Because the direction binds delegates of the Minister, case officers assessing eligible applications must follow the priority order it sets, unless one of the specific exceptions in the document applies.

Why The Government Introduced Ministerial Direction 122

The preamble to the direction sets out the reasoning plainly. Australia’s provisional and permanent skilled migration visa programs exist to let employers attract migrant workers whose skills make a positive contribution to the Australian community and economy.

Rather than treating every application the same, the government wants processing effort concentrated on occupations and sectors it currently considers most important to the country. According to the document, priority processing goes to occupations in construction, healthcare, teaching, agriculture, aquaculture, fishing, and resources, along with occupations connected to Australia’s law enforcement and defence interests, so that the skilled migration program supports key industries and strategically important roles in the national interest.

Priority in every other sector is given to skilled migrants already contributing to Australia, ahead of all other applicants.

Just like its companion direction, this instrument is careful to note that it does not change which occupations sit on the skilled migration occupation lists. It only changes the order applications are looked at. Every applicant, regardless of priority level, must still satisfy the requirements set out in the Migration Act 1958 and the Migration Regulations 1994 to actually be granted a visa.

Which Visa Applications Does Ministerial Direction 122 Apply To

The Schedule attached to the direction lists ten visa classes. This is a considerably broader scope than Ministerial Direction 121, which only covers the temporary Subclass 482 visa.

The visa classes covered are Employer Nomination (Permanent), covering the Subclass 186 visa, Regional Employer Nomination (Permanent), covering the Subclass 187 visa, Skilled Independent (Permanent), covering the Subclass 189 visa, Skilled Nominated (Permanent), covering the Subclass 190 visa, Permanent Residence (Skilled Regional), covering the Subclass 191 visa, Skilled Regional Sponsored (Provisional), covering the Subclass 489 visa, Skilled Work Regional (Provisional), covering the Subclass 491 visa, Skilled Employer Sponsored Regional (Provisional), covering the Subclass 494 visa, Skilled (Residence), covering the Subclass 887 visa, and Business Skills (Permanent), covering the Subclass 888 visa.

Delegates apply this direction whenever they are considering and disposing of applications for these visa classes under sections 51 and 91 of the Migration Act.

Who Is Exempt From Ministerial Direction 122

Not every application within these visa classes is subject to the new order. The direction lists several specific exclusions.

It does not apply to applications that have been sent back by the former Administrative Appeals Tribunal or the current Administrative Review Tribunal, known as the ART, for reconsideration. It also does not apply where either tribunal has already set aside a decision and substituted its own new decision.

Applications are also excluded where it is readily apparent that the visa grant criteria simply would not be satisfied. Family unit applications are excluded too, but only where the applicant did not lodge a combined application with the primary visa holder and that primary holder was already in Australia at the time they applied.

Finally, the direction does not bind the Administrative Review Tribunal itself, only delegates of the Minister.

The direction also clarifies that it applies both to applications already lodged but not yet finally determined before commencement, and to any new applications lodged afterwards. Nobody already in the queue is exempt simply because they applied before the direction took effect.

The Priority Order Under Ministerial Direction 122

Section 6 of the direction sets out four tiers of priority, running from the highest priority group down to the lowest. This is one tier simpler than Ministerial Direction 121, which has a separate fifth tier for the Specialist Skills stream, a feature that does not exist among the visa classes covered here.

Tier one, highest priority. Applications from a primary applicant in an occupation classified under construction, healthcare, teaching, agriculture, aquaculture, fishing, or resources, or in an occupation related to Australia’s law enforcement or defence interests.

Tier two. All other applications from a primary applicant who is physically in Australia at the time the application is made.

Tier three. Applications from a primary applicant who is outside Australia when applying, provided their application is not combined with anyone else’s application at any point.

Tier four, lowest priority. All remaining visa applications that do not fall into any of the categories above.

Family members or other dependants whose application is combined with a primary applicant’s application, in a way permitted by the Migration Regulations, automatically receive the same priority level as that primary applicant.

Priority Occupation Categories Explained

Ministerial Direction 122 uses the same detailed occupation definitions as Ministerial Direction 121, mapped to ANZSCO occupation codes. Here is what each category covers.

Construction Occupations

This covers ANZSCO Sub Major Groups 33 (Construction Trades Workers) and 82 (Construction and Mining Labourers), along with unit groups such as Construction Managers, Engineering Managers, Architects and Landscape Architects, Civil Engineering Professionals, various technician roles, Sheetmetal Workers, Structural Steel and Welding Trades Workers, and plant and crane operators. It also names Electrician (General) and Electrician (Special Class) individually.

Healthcare Occupations

This covers ANZSCO Sub Major Group 25 (Health Professionals) and Minor Group 411 (Health and Welfare Support Workers), plus Medical Scientists, Counsellors, Psychologists, Social Workers, and Medical Technicians. It also names Aged or Disabled Carer, Nursing Support Worker, and Personal Care Assistant individually.

Teaching Occupations

This includes ANZSCO Minor Group 241 (School Teachers) and Unit Group 1341 (Child Care Centre Managers), along with named roles such as School Principal, Faculty Head, University Lecturer, Vocational Education or Polytechnic Teacher, and Child Care Worker.

Agriculture, Aquaculture Or Fishing Occupations

This category is defined by the actual work performed rather than a simple occupation title. It covers roles directly involved in primary produce production, including cultivating, producing, or harvesting crops; capturing, breeding, raising, managing, or producing livestock, poultry, or seafood; production support activities such as animal health, irrigation, quality assurance, inspection or farm supervision; and processing activities such as slaughtering, dressing, boning, slicing, or preparing primary agricultural products.

Resources Sector Occupations

This category covers roles that directly support the exploration, extraction, and production of minerals, oil and gas, or coal, including mine closure, decommissioning, and rehabilitation work. It includes Mining Engineers, Geologists, Geophysicists and Hydrogeologists, Drillers, Miners and Shot Firers, plus named occupations such as Production Manager (Mining), Surveyor, Metallurgist, and several categories of fitters and metal machinists.

Occupations Related To Australia’s Defence Interests

This category has two pathways. The first covers roles connected to AUKUS Pillar I, involving conventionally armed, nuclear-powered submarines, or AUKUS Pillar II, covering advanced capability development. The second pathway covers applicants nominated or sponsored by the Australian Defence Force or the Department of Defence, or those holding a letter of support from either body where the role is based at a defence facility or supports the production or supply of defence-related equipment or technology.

Occupations Related To Australia’s Law Enforcement Interests

This narrower category covers ANZSCO Unit Group 4413 (Police), where the applicant is nominated or sponsored by the Australian Federal Police or any state or territory police force across the country.

Exceptions To The Priority Order

Section 7 of the direction gives delegates a safety valve, though a narrower one than the exception in Ministerial Direction 121. A delegate must depart from the normal tiered order for a particular application if satisfied that it involves compelling circumstances affecting community safety, or the continuity of essential religious, cultural, or community services in Australia.

Notably, Ministerial Direction 122 does not include the additional ground found in Ministerial Direction 121 relating to Australia’s international relations. This means the exception here is applied slightly more narrowly than for the Subclass 482 visa.

How Ministerial Direction 122 Handles Section 85 Visa Caps

One feature unique to Ministerial Direction 122, with no equivalent in Ministerial Direction 121, is section 8, which addresses what happens when a visa is subject to a section 85 cap. A section 85 cap is the maximum number of visas of a particular class that the Minister has determined may be granted in a given financial year, through a legislative instrument.

Because several of the permanent and provisional visa subclasses covered by this direction, such as the Skilled Independent Subclass 189, Skilled Nominated Subclass 190, and Permanent Residence Skilled Regional Subclass 191 visas, operate under annual planning levels, this clause confirms that applications affected by a cap are still processed according to the priority order in section 6, unless the compelling circumstances exception in section 7 applies. This ensures the priority system continues to function consistently even within a program that has a limited number of places available each year.

Ministerial Direction 122 Versus Ministerial Direction 121: Key Differences

Although both directions were signed on the same day and share the same legal basis and occupation definitions, there are some important structural differences worth understanding.

• Visa scope. Direction 121 applies only to the temporary Subclass 482 Skills in Demand visa and its legacy predecessor. Ministerial Direction 122 applies to ten separate permanent and provisional visa classes.
• Priority tiers. Ministerial Direction 121 has five priority tiers, including a dedicated tier for the Specialist Skills stream. Ministerial Direction 122 has four tiers, with no equivalent specialist stream category.
• Tribunal references. Ministerial Direction 121 recognises applications remitted or decided by the Administrative Review Tribunal only. Ministerial Direction 122 also references the now defunct Administrative Appeals Tribunal, reflecting older on-hand applications that may still be moving through the system.
• Exceptions to the priority order. Ministerial Direction 121 allows delegates to depart from the order for compelling circumstances affecting community safety, essential services, or Australia’s international relations. Ministerial Direction 122 limits this exception to community safety and essential services only.
• Section 85 visa caps. Ministerial Direction 122 contains a specific clause addressing section 85 visa caps. This consideration does not arise under Ministerial Direction 121, since the Subclass 482 visa is not subject to such a cap.

What This Means For Employers And Visa Applicants

For sponsoring employers and visa applicants, the practical takeaway is similar to Ministerial Direction 121. If your nominated occupation sits within construction, healthcare, teaching, agriculture, aquaculture, fishing, resources, or defence and law enforcement-related roles, your application should generally move through the queue faster than applications outside these sectors, regardless of whether you applied from within or outside Australia.

If your occupation falls outside these priority groups, your position in the queue depends heavily on whether you were in Australia at the time you applied. Onshore applicants outside the priority sectors sit ahead of offshore applicants who applied alone, who in turn sit ahead of all remaining applications.

As with Ministerial Direction 121, priority processing only affects the order applications are considered. It does not lower the bar for approval, and it does not guarantee a particular processing time. Every applicant still needs to satisfy the full eligibility criteria under the Migration Act and the Migration Regulations, including points, skills assessment, nomination, sponsorship, health, and character requirements where relevant.
Frequently Asked Questions Related to Ministerial Direction 122

Need Help Understanding How Ministerial  Direction 122 Affects Your Visa

Every case is different, and priority processing under Ministerial Direction 122 can interact with your occupation, your visa subclass, and your personal circumstances in ways that are not always obvious from the direction alone. If you want clarity on where your application stands or how to strengthen your position, it helps to speak with someone who works with these rules every day.

Book Confidential Consultation with Ghothane Lawyers to get tailored advice on your permanent or provisional skilled visa application and what Ministerial Direction 122 means for your specific situation.