Ministerial Direction 122: Skilled Visa Processing Order
Published 21 September 2026 | Last updated 21 September 2026
Ministerial Direction 122 (MD 122) sets the order in which Department of Home Affairs delegates consider visa applications for ten provisional and permanent skilled visa subclasses. The Minister signed it on 18 September 2026, and it commenced the next day, on 19 September 2026. It replaced Ministerial Direction 119 for these visas.
Applications by a primary applicant in a construction, healthcare, teaching, agriculture, aquaculture, fishing, resources, law enforcement or defence occupation go first, if the occupation meets the Direction's definition. The Direction orders every other application by where the primary applicant was when they applied and whether the application is combined with another person's.
Key takeaways
The Minister signed MD 122 on 18 September 2026. It commenced on 19 September 2026.
It covers subclasses 186, 187, 189, 190, 191, 489, 491, 494, 887 and 888.
It has four priority levels. Priority occupations sit in tier 1, whether the primary applicant applied in or outside Australia.
It applies to visa applications made before 19 September 2026 that the Department has not finally determined, and to applications made on or after that date.
It does not change the occupation lists or the visa requirements.
Subclass 482 is not covered. It sits under Ministerial Direction 121.
What is Ministerial Direction 122?
MD 122 is a direction the Minister gave under section 499 of the Migration Act 1958. Its full title is "Order for considering and disposing of visa applications for certain provisional and permanent Skilled Visas".
The Direction instructs the Minister's delegates, the Department officers who decide visa applications. It tells them which applications to consider first. It commences on the day after the Minister signs it.
The Direction states its own purpose. Priority processing goes to occupations in construction, healthcare, teaching, agriculture, aquaculture, fishing and resources, and to occupations in Australia's law enforcement and defence interests. In the remaining sectors, priority goes to skilled migrants already contributing to Australia before all other applicants.
You can read the full text on the Department of Home Affairs website. The Department also publishes a summary on its skilled visa processing priorities page.
What does Ministerial Direction 122 mean for your application?
Where you sit depends on the primary applicant's occupation, their location when they applied, and whether the application is combined. These examples show how the tiers work.
Primary applicant in a priority occupation. You sit in tier 1, in or outside Australia.
Primary applicant in Australia, any other occupation. You sit in tier 2, alone or with family in the same application.
Primary applicant outside Australia, any other occupation, applying alone. You sit in tier 3.
Primary applicant outside Australia, any other occupation, with a partner or child in the same application. You sit in tier 4.
Partner or child included in the primary application. They take the same tier as the primary applicant.
Family member who lodges a separate application. MD 122 does not apply if that application is not combined with the primary visa holder's and the primary visa holder was in Australia when they applied.
Processing time still depends on other factors, including the completeness of your application. Our visa processing times guide explains what to expect.
Which visas does Ministerial Direction 122 cover?
The Schedule to MD 122 lists ten visa classes:
Subclass | Visa | Class in the Direction | RACC guide |
186 | Employer Nomination Scheme | Employer Nomination (Permanent) (Class EN) | |
187 | Regional Sponsored Migration Scheme | Regional Employer Nomination (Permanent) (Class RN) | - |
189 | Skilled Independent | Skilled Independent (Permanent) (Class SI) | |
190 | Skilled Nominated | Skilled Nominated (Permanent) (Class SN) | |
191 | Permanent Residence (Skilled Regional) | Permanent Residence (Skilled Regional) (Class PR) | |
489 | Skilled Regional (Provisional) | Skilled-Regional Sponsored (Provisional) (Class SP) | - |
491 | Skilled Work Regional (Provisional) | Skilled Work Regional (Provisional) (Class PS) | |
494 | Skilled Employer Sponsored Regional (Provisional) | Skilled Employer Sponsored Regional (Provisional) (Class PE) | |
887 | Skilled Regional | Skilled (Residence) (Class VB) | - |
888 | Business Innovation and Investment (Permanent) | Business Skills (Permanent) (Class EC) | - |
The Direction covers visa applications. It does not mention nomination applications, so this page does not say how nominations are ordered.
The 482 visa (Skills in Demand and Temporary Skill Shortage) is not on this list. MD 121 covers it separately.
What is the order of priority under Ministerial Direction 122?
Section 6 sets four levels. Paragraph (a) is the highest priority and paragraph (d) is the lowest. RACC calls them tier 1 to tier 4.
Tier | Section 6(3) | Applications |
1 | (a) | Visa applications made by a primary applicant in relation to an occupation in construction, healthcare, teaching, agriculture, aquaculture, fishing or resources, or an occupation related to Australia's law enforcement or defence interests |
2 | (b) | All other visa applications where the applicant is a primary applicant who is in Australia when they make the application |
3 | (c) | Visa applications where the applicant is a primary applicant who is outside Australia when they make the application, and whose application is not combined with another person's application at any time |
4 | (d) | All other visa applications, except combined applications covered by section 6(4) |
Tier 1 has no location condition. A primary applicant in a priority occupation sits in tier 1 whether they applied in or outside Australia.
Delegates apply this order with due regard to the Government's policy intentions for the size and composition of the Migration Program.
Which occupations count as priority occupations?
Section 5 defines each priority group. The Direction uses ANZSCO codes for most groups. Where it lists ANZSCO occupations for a group, it ranks each listed occupation equally.
Check the ANZSCO code of the nominated occupation against these lists. You can also search occupations and their assessing authorities on our skilled occupation list.
Construction occupations
ANZSCO Sub-Major Group 33: Construction Trades Workers
ANZSCO Sub-Major Group 82: Construction and Mining Labourers
Unit Group 1331: Construction Manager
Unit Group 1332: Engineering Managers
Unit Group 2321: Architects and Landscape Architects
Unit Group 2332: Civil Engineering Professionals
Unit Group 3121: Architectural, Building and Surveying Technicians
Unit Group 3122: Civil Engineering Draftspersons and Technicians
Unit Group 3126: Safety Inspectors
Unit Group 3129: Other Building and Engineering Technicians
Unit Group 3222: Sheetmetal Workers
Unit Group 3223: Structural Steel and Welding Trades Workers
Unit Group 7111: Clay, Concrete, Glass and Stone Processing Machine Operators
Unit Group 7121: Crane, Hoist and Lift Operators
Unit Group 7212: Earthmoving Plant Operators
341111: Electrician (General)
341112: Electrician (Special Class)
Healthcare occupations
ANZSCO Sub-Major Group 25: Health Professionals
Minor Group 411: Health and Welfare Support Workers
Unit Group 2346: Medical Scientists
Unit Group 2721: Counsellors
Unit Group 2723: Psychologists
Unit Group 2725: Social Workers
Unit Group 3112: Medical Technicians
423111: Aged or Disabled Carer
423312: Nursing Support Worker
423313: Personal Care Assistant
Teaching occupations
Minor Group 241: School Teachers
Unit Group 1341: Child Care Centre Managers
134311: School Principal
134411: Faculty Head
242111: University Lecturer
242211: Vocational Education Teacher (AUS) / Polytechnic Teacher (NZ)
421111: Child Care Worker
Agriculture, aquaculture and fishing occupations
The Direction defines this group by activity, not by ANZSCO code. It covers an occupation where the nominated position is directly involved in primary produce production or supporting productivity. That includes:
cultivating, producing or harvesting crops
fishing, breeding, raising, managing or producing livestock, poultry, seafood or other primary agricultural products
agricultural production support, including animal health, irrigation, quality assurance, inspection or farm supervision
slaughtering, dressing, boning, slicing, processing, preparing or inspecting livestock, poultry, seafood or other primary agricultural products for sale, distribution or consumption
Resources sector occupations
The nominated position must directly support the exploration, extraction and production of minerals, oil and gas, or coal resources. That includes mine closure, decommissioning and rehabilitation activities. The Direction says this group includes occupations in the following, all of equal priority:
Unit Group 2336: Mining Engineers
Unit Group 2344: Geologists, Geophysicists and Hydrogeologists
Unit Group 7122: Drillers, Miners and Shot Firers
133513: Production Manager (Mining)
232212: Surveyor
232214: Other Spatial Scientist
234912: Metallurgist
323211: Fitter (General)
323212: Fitter and Turner
323213: Fitter-Welder
323214: Metal Machinist (First Class)
323299: Metal Fitters and Machinists nec
Law enforcement occupations
The occupation must sit in ANZSCO Unit Group 4413 (Police). The applicant must also be nominated or sponsored by one of these forces:
Australian Federal Police
New South Wales Police Force
Northern Territory Police Force
Queensland Police Service
South Australia Police
Tasmania Police
Victoria Police
Western Australia Police Force
Defence occupations
An occupation qualifies if it meets any one of these three tests:
It relates to, or supports the delivery of, AUKUS Pillar I (conventionally armed, nuclear-powered submarines) or Pillar II (advanced capability development).
The applicant is nominated or sponsored by the Australian Defence Force or the Department of Defence.
The applicant has a letter of support from the Australian Defence Force or the Department of Defence, and either the applicant will ordinarily do the occupation at a defence facility, or the occupation supports the production or supply of defence-related materiel or technology.
How do combined applications and section 85 caps work?
A visa application combined with a primary applicant's application, in a way the Migration Regulations permit, gets the same priority as the primary applicant's application. A partner or child included in your application follows your tier.
Combined applications also affect the primary applicant. Tier 3 only covers a primary applicant outside Australia whose application is not combined with another person's application at any time. On the wording of section 6(3)(c), an offshore primary applicant who includes a partner or child in the same application does not meet tier 3. Unless the occupation sits in tier 1, that application falls to tier 4.
A section 85 cap is the maximum number of visas of a class that the Minister allows the Department to grant in a financial year. The Minister sets it in a legislative instrument under section 85 of the Migration Act. Where a cap applies, section 8 of MD 122 tells delegates to follow the same four-tier order. The only exception is section 7.
What are the compelling circumstances exceptions?
Section 7 requires a delegate to depart from the standard order for a particular application when the delegate is satisfied that the application involves compelling circumstances affecting either of these:
Community safety
The continuity of essential religious, cultural or community services in Australia
Which applications does Ministerial Direction 122 not apply to?
Section 3(2) lists five exclusions. MD 122 does not apply to:
visa applications the AAT or ART remitted for reconsideration
visa applications where the AAT or ART set aside a decision and substituted a new decision
visa applications where it is readily apparent that the criteria for grant of the visa would not be satisfied
visa applications by an applicant who claims to be a member of the family unit of a primary visa holder, where the applicant did not make a combined application with the primary visa holder and the primary visa holder was in Australia when they made their visa application
the ART
Does Ministerial Direction 122 apply to applications lodged before 19 September 2026?
Yes. Section 3(3) states that MD 122 applies to visa applications made but not finally determined before it commenced, and to visa applications made on or after commencement.
The Direction covers applications already on hand, so it is not limited to new applications. Where you lodged before 19 September, the Direction's order now applies to your application.
What does Ministerial Direction 122 not change?
The Direction states that it does not change the composition of the skilled migration occupation lists. Applicants must still meet the requirements in the Migration Act and the Migration Regulations to receive a visa.
A higher tier moves your application ahead of lower tiers. It does not lower the criteria you must meet, such as the points test for a points-tested visa, or the evidence you must provide.
How is Ministerial Direction 122 different from Ministerial Direction 119?
Feature | Direction 119 (revoked) | Direction 122 (current) |
Top tier | Law enforcement and defence split into onshore, then offshore | All priority occupations in one top tier, with no onshore or offshore split |
Priority sectors | Healthcare, teaching and construction only, in a lower tier than law enforcement and defence | Adds agriculture, aquaculture, fishing and resources occupations |
The Direction 119 column is based on the tier list RACC published before 19 September. For the full history of the old direction, read our Ministerial Direction 119 explainer. For every current direction in one place, see our guide to Ministerial Directions and visa processing.
What should you do now?
Find the ANZSCO code of your nominated occupation and check it against the lists above.
Check whether the nominated position meets the activity tests for agriculture, aquaculture, fishing and resources.
Work out whether the primary applicant was in or outside Australia when they applied.
Check whether your application is combined with another person's.
Check the current estimate on the Department's visa processing times tools.
If you are unsure which tier applies to you, book a consultation with our registered migration agents.
This page is general information. It is not legal or migration advice.
Frequently asked questions
What is Ministerial Direction 122?
Ministerial Direction 122 is a direction under section 499 of the Migration Act 1958. It sets the order delegates consider visa applications for subclasses 186, 187, 189, 190, 191, 489, 491, 494, 887 and 888. The Minister signed it on 18 September 2026, and it commenced on 19 September 2026. It uses four priority levels.
Is Ministerial Direction 119 still in force?
No. Ministerial Direction 121 revokes Direction 119, and both new directions commenced on 19 September 2026. Direction 121 covers the 482 visa. Direction 122 covers ten other skilled visa subclasses. Direction 119 no longer governs any application, including applications lodged before 19 September.
Does Ministerial Direction 122 apply to the 482 visa?
No. Ministerial Direction 121 covers subclass 482. MD 122 covers subclasses 186, 187, 189, 190, 191, 489, 491, 494, 887 and 888. The two directions share the same top tier of priority occupations. MD 121 has five tiers and MD 122 has four.
Which occupations are priority occupations under Ministerial Direction 122?
MD 122 names construction, healthcare, teaching, agriculture, aquaculture, fishing, resources, law enforcement and defence occupations. It defines most groups by ANZSCO code. It defines agriculture, aquaculture and fishing by activity. Law enforcement requires police sponsorship, and defence requires an AUKUS, Defence nomination or Defence support link.
Does Ministerial Direction 122 apply to nominations?
The Direction applies to visa applications for the classes in its Schedule. It does not mention nomination applications. Check the Department's skilled visa processing priorities page for current guidance on nomination processing.
Which tier is an offshore applicant in a priority occupation?
Tier 1. Section 6(3)(a) has no location condition, so a primary applicant in a priority occupation sits in tier 1 in or outside Australia. The earlier Direction 119 tier list split its top tiers by location. MD 122 has no such split for priority occupations.
Does a higher tier mean my visa will be granted faster?
A higher tier moves your application ahead of lower tiers when the Department decides which application to consider next. It does not change the visa criteria or remove the assessment. Application completeness and other factors still affect how long your application takes.
Disclaimer
The information in this article provides general guidance only. It does not constitute migration or legal advice.
Migration policies, nomination allocations, and visa requirements may change and may vary depending on each applicant's circumstances.
Applicants should seek advice from a MARA-registered migration agent or qualified immigration professional before making migration decisions.
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