Australia has introduced new processing priorities for temporary, provisional and permanent skilled visas, with Ministerial Directions 121 and 122 taking effect from 19 September 2026.

The new Directions replace the skilled visa processing priorities previously established under Ministerial Direction 119 and determine the order in which the Department of Home Affairs will process a wide range of skilled visa applications.

For Australian employers and skilled visa applicants, the changes are significant. They introduce priority processing for a broader range of critical sectors, create a separate priority for the Specialist Skills stream of the Skills in Demand (subclass 482) visa and continue to give an advantage to many applicants who are already in Australia at the time of application.

Importantly, the Directions concern processing priority. They do not change the eligibility criteria for the relevant visas.

Why Have Ministerial Directions 121 and 122 Been Introduced?

The Australian Government announced changes to skilled visa processing priorities in September 2026 as part of a broader package of migration reforms.

The new framework gives priority to skilled visa applications connected with occupations in key sectors where Australia has identified particular workforce needs.

These include:

• Construction;
• Healthcare;
• Teaching;
• Agriculture;
• Aquaculture;
• Fishing;
• Resources; and
• Australia’s law enforcement and defence interests.

Ministerial Direction 121 applies specifically to temporary skilled visa applications, while Ministerial Direction 122 applies to a broader range of provisional and permanent skilled visas.

Ministerial Direction 121 – Skills in Demand Subclass 482 Visas

Ministerial Direction 121 applies to the Skills in Demand (subclass 482) visa, as well as outstanding applications under the former Temporary Skill Shortage subclass 482 visa.

Under the new Direction, subclass 482 visa applications are processed in the following order of priority:

First priority: Applications relating to occupations in the Construction, Healthcare, Teaching, Agriculture, Aquaculture, Fishing and Resources sectors, as well as occupations connected with Australia’s law enforcement and defence interests.

Second priority: Applications under the Specialist Skills stream of the Skills in Demand subclass 482 visa.

Third priority: Applications where the applicant was in Australia at the time the visa application was lodged.

Fourth priority: Applications where the primary applicant was outside Australia at the time of lodgement and the application is not combined with another person’s application at any time.

Fifth priority: All other subclass 482 visa applications.

Specialist Skills Applications Receive Separate Priority

One particularly important feature of Ministerial Direction 121 is the creation of a separate processing priority for applicants under the Specialist Skills stream.

Specialist Skills applications now sit immediately behind applications relating to the identified priority sectors and ahead of the general category of applicants who were in Australia at the time of lodgement.

For Australian businesses seeking to recruit highly skilled overseas workers who qualify under the Specialist Skills stream, this is an important distinction under the new processing framework.

Ministerial Direction 122 – Permanent and Provisional Skilled Visas

Ministerial Direction 122 establishes the processing priorities for a much broader range of skilled visas, including the Employer Nomination Scheme (subclass 186) visa.

It applies to the following visa subclasses:

• Employer Nomination Scheme (subclass 186);
• Regional Sponsored Migration Scheme (subclass 187);
• Skilled Independent (subclass 189);
• Skilled Nominated (subclass 190);
• Permanent Residence (Skilled Regional) (subclass 191);
• Skilled Regional (Provisional) (subclass 489);
• Skilled Work Regional (Provisional) (subclass 491);
• Skilled Employer Sponsored Regional (Provisional) (subclass 494);
• Skilled Regional (subclass 887); and
• Business Innovation and Investment (Permanent) (subclass 888).

Under Ministerial Direction 122, applications are processed in the following order:

First priority: Applications relating to occupations in the Construction, Healthcare, Teaching, Agriculture, Aquaculture, Fishing and Resources sectors, or Australia’s law enforcement and defence interests.

Second priority: Applications where the applicant was in Australia at the time the application was lodged.

Third priority: Applications where the primary applicant was outside Australia at the time of lodgement and the application is not combined with another person’s application at any time.

Fourth priority: All other applications.

What Does This Mean for ENS Subclass 186 Applicants?

The changes are particularly relevant for employers sponsoring workers for permanent residence through the Employer Nomination Scheme subclass 186 visa.

Applicants working in one of the identified priority sectors will receive the highest processing priority.

For applications outside those sectors, the applicant’s location at the time of lodgement remains important. An applicant who was in Australia when the application was lodged will generally receive processing priority ahead of applicants who were outside Australia.

This means that the timing of an ENS subclass 186 application, including whether the visa applicant is in or outside Australia at the time of lodgement, can have practical consequences for processing priority.

A Significant Expansion of Priority Sectors

The new Directions place particular emphasis on industries that the Government considers important to Australia’s workforce and economic needs.

In addition to Construction, Healthcare and Teaching, the highest priority category now expressly encompasses Agriculture, Aquaculture, Fishing and Resources, as well as Australia’s law enforcement and defence interests.

For employers operating in these sectors, the new Directions may therefore have important implications when planning the sponsorship of overseas workers.

However, being included in a priority category does not guarantee that an application will be decided within a particular timeframe.

Actual processing times can still depend on factors including application volumes, whether an application is complete, health and character requirements and whether the Department requires further information.

What Happens to Applications That Have Already Been Lodged?

The introduction of new processing priorities can also affect applications that are already awaiting a decision.

The Department of Home Affairs has advised that, as it transitions to the new priorities, processing timeframes may fluctuate and some published timeframes may temporarily move backwards while applications are reprioritised.

This means that employers and visa applicants with pending skilled visa applications may notice changes to anticipated processing periods as the Department implements the new Directions.

Processing Priority Does Not Change Visa Eligibility

It is important to distinguish between priority processing and visa eligibility.

Ministerial Directions 121 and 122 determine the order in which relevant applications are considered. They do not remove the requirement for applicants and sponsoring employers to satisfy the relevant legislative requirements for the particular visa.

An application receiving a higher processing priority is therefore not necessarily more likely to be approved. It simply receives priority in the Department’s processing order.

What Should Australian Employers Do?

For businesses sponsoring overseas workers, the new processing framework makes forward planning particularly important.

Employers should consider not only whether the proposed employee and position satisfy the requirements of the relevant visa, but also how the employee’s occupation, industry sector, visa stream and location at the time of application may affect processing priority.

This is particularly relevant where businesses are coordinating visa expiry dates, international travel, commencement dates or progression from a temporary Skills in Demand subclass 482 visa to permanent residence under the Employer Nomination Scheme subclass 186 visa.

How Hartman Immigration Can Assist

The introduction of Ministerial Directions 121 and 122 represents another significant change to Australia’s skilled migration framework in 2026.

Hartman Immigration assists Australian and international businesses with employer-sponsored visa applications, including Skills in Demand subclass 482, Employer Nomination Scheme subclass 186 and Skilled Employer Sponsored Regional subclass 494 visas, as well as strategic planning for permanent residence pathways.

If your organisation is sponsoring an overseas employee or considering a new skilled visa application, we can advise on how the new processing priorities may affect the proposed application.

Disclaimer: This article provides general information only and does not constitute immigration or legal advice. Australian migration law and policy are subject to frequent change. Advice should be obtained based on the individual circumstances of each matter.