Ministerial Direction 122 (MD 122): A Shift in Skilled Visa Processing Priorities
If you are waiting on a decision for an Australian skilled visa, your place in the processing queue may have just changed. On 19 September 2026, the Department of Home Affairs (DoHA) commenced Ministerial Direction 122 (MD 122). MD 122 outlines the new order of priority for considering and disposing of certain provisional and permanent skilled visa applications. This direction replaces the previous Ministerial Direction 119, and it isn't just for new applications. MD 122 applies retroactively to all pending applications lodged before 19 September that haven't been finalised yet.
Related: New Migration Rules Announced 2026: How Australia is Targeting Visa Hopping and Overstayers
What is Ministerial Direction 122?
Ministerial Direction 122, issued under section 499 of the Migration Act 1958, legally binds the Minister's delegates to a specific processing order for skilled visa applications. The goal is to allocate resources strategically to support key industries and occupations deemed crucial to Australia's national interest, while also prioritising skilled migrants already contributing to the Australian economy onshore.
The New Priority Processing Order
Under Direction 122, skilled visa applications will be processed in the following order of priority from highest to lowest:
Priority Sectors: Applications where the primary applicant works in construction, healthcare, teaching, agriculture, aquaculture, fishing, resources sectors, or an occupation related to Australia's law enforcement or defence, such as AUKUS support. This applies regardless of whether you applied from inside or outside Australia.
Onshore Applicants: Any other primary applicants who are physically in Australia when the application is made.
Offshore Applicants (Single): Primary applicants who were outside Australia at the time of lodgement, provided their application isn’t combined with another person's application.
All Remaining Applications: Anyone who doesn’t fit the above categories.
Note: Visas combined with a primary applicant's application are given the same priority as the primary applicant.
What Are the Key Changes from the Old Rules (MD 119)?
While retaining the focus on critical sectors like healthcare, teaching, construction, and agriculture, Direction 122 introduces several significant updates:
Previously, employer-sponsored visas received higher priority than independent skilled visas. MD 122 removes this advantage. Priority is now dictated almost entirely by your occupation sector and whether you are onshore.
The explicit push to fast-track regional visas has been removed.
MD 122 only dictates the processing order of visa applications. Unlike MD 119, it does not apply to the employer nominations attached to them.
The resources sector (mining engineers, geologists, drillers) and defence/law enforcement roles are now in the highest priority tier.
Which Visa Subclasses Are Affected?
Direction 122 applies to a wide range of provisional and permanent skilled visas, including:
A delegate may depart from the priority order if satisfied that the application involves compelling circumstances affecting community safety or the continuity of essential religious, cultural, or community services in Australia.
Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.
Related:
What are the Consequences of Breaching Visa Conditions on Future Applications?
Save the Stress: Why You Need a Professional for Your Australian Visa
How Can Agape Henry Crux Help
If you need help identifying the most suitable visa option for your situation, contact one of our immigration lawyers for professional advice and guidance. At Agape Henry Crux, our team of immigration lawyers work together with our Accredited Specialists in Immigration Law, who specialise in handling highly complex matters. You can book a consultation with one of our lawyers for professional advice by calling 02-8310 5230 or emailing info@ahclawyers.com.
We speak fluent English and Mandarin. If this isn’t your language, we can also help you arrange an interpreter.
Our founder and principal lawyer, Jason Ling, is recognised in the 2026 edition of The Best Lawyers in Australia™ and the 2027 edition of The Best Lawyers in Australia™. Agape Henry Crux is named as Best Immigration Law Firm 2025 - Sydney by APAC Insider Awards.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and 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 find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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