Ministerial Directions 121 and 122 Explained

What These Changes Mean for Applicants

For employers, skilled workers and families, processing order can influence recruitment, relocation and household planning. Understanding the applicable priority group is therefore an important part of preparing an application.

The directions concern the order in which applications are considered. For subclass 482, the changes do not alter visa eligibility criteria or the Core Skills Occupation List.

Ministerial Direction 121: Subclass 482 Processing Priorities

Ministerial Direction 121 covers the Skills in Demand visa (subclass 482) and applications under its former Temporary Skill Shortage arrangements. It establishes five processing priority groups.

Priority 1: Key Sectors

The highest priority includes specified occupations supporting:

• Defence interests and law enforcement.
• Construction.
• Healthcare services.
• Teaching.
• Resources, including specified agriculture, aquaculture and fishing activities.

These applications receive first priority regardless of whether the primary applicant was inside or outside Australia when applying.

Construction, healthcare and teaching roles previously in the third priority group under Direction 119 move into the first group. Additions include faculty heads, engineering managers, and civil engineering draftspersons and technicians.

Law enforcement roles are identified under ANZSCO unit group 4413. Construction, healthcare and teaching roles also have corresponding ANZSCO codes. Defence interests and the resources sector use descriptions rather than corresponding occupation codes in the direction.

Primary industry activities extend across crop cultivation, production and harvesting; livestock, poultry and seafood capture, breeding, raising and production; agricultural support such as animal health, irrigation, quality assurance, inspection and farm supervision; and specified slaughtering, processing, preparation and inspection work. Most relevant resources-sector occupations are expected to use the Labour Agreement stream, where many roles do not have an ANZSCO code. Employers should check the direction’s exact occupational descriptions rather than assume every role within an industry qualifies.

Priority 2: Specialist Skills Stream

Next are Specialist Skills stream applications. Applicants must satisfy the applicable requirements, including the stated Specialist Skills Income Threshold of $146,576 annually and the relevant ANZSCO occupational group restrictions. This stream uses occupational groups rather than a list of individual occupation codes.

Meeting an income threshold alone does not establish eligibility for this stream.

Priorities 3–5: Location and Included Applicants

The remaining applications are ordered as follows:

• Priority 3: Applications lodged while the primary applicant was physically in Australia.
• Priority 4: Applications lodged while the primary applicant was outside Australia, without another person’s application combined with theirs at any time.
• Priority 5: Remaining offshore applications with family members included.

The distinction is not whether someone is married or has children. It concerns whether another applicant is included or combined with the application. Higher-priority sector and stream categories must be considered first.

Ministerial Direction 122: Permanent and Provisional Applications

Ministerial Direction 122 applies to covered permanent and provisional visa applications, including subclass 191. Its order is:

• Priority 1: Applications tied to nominated occupations in the specified priority sectors.
• Priority 2: Other applications lodged while the primary applicant was in Australia.
• Priority 3: Other applications lodged while the primary applicant was offshore, with no additional applicants included.
• Priority 4: Remaining applications, including offshore applications with family members included.

As with Direction 121, the first priority group is not restricted to applicants who were in Australia at lodgement.

How Subclass 191 Fits

A Permanent Residence (Skilled Regional) visa (subclass 191) application does not require a nominated occupation. Applicants should therefore not assume that an occupation associated with an earlier subclass 491 application automatically establishes first-⁠priority treatment.

The Department of Home Affairs’ processing update refers to February 2026 lodgements for onshore applicants, March 2026 lodgements for onshore applicants with family members, and January 2026 lodgements for offshore applicants. These are lodgement months being processed, not promised turnaround times. The processing advice does not identify an occupation-based priority category for subclass 191.

Applicants may consider informing the department if the primary applicant or a secondary applicant currently works in a priority occupation and requesting priority assessment through its Global Feedback page. However, a request does not establish entitlement to priority assessment.

Practical Planning for Employers and Families

Check Visa Conditions Before Travelling

For applicants outside the first priority group, being in Australia at lodgement may affect processing order. Only the primary applicant needs to be physically present for that location-based distinction. However, travel should not be arranged solely on that basis without checking whether a valid onshore application is possible.

The update also flags condition 8503 — No Further Stay on newly issued visitor visas. Where imposed, this condition restricts applications for further visas while in Australia. Applicants should check their individual visa conditions and the intended visa’s requirements before making travel commitments.

Subclass 491 visas allow multiple entries and do not carry condition 8503. Holders overseas who are preparing a subclass 191 application may consider returning to Australia to lodge, subject to their circumstances and visa requirements.

Consider Family Applications Carefully

For some offshore subclass 482 applicants, including dependants can change processing priority. Having the primary applicant apply first and family members apply as subsequent entrants after the primary visa is granted may be an option. This requires careful assessment of family separation, eligibility and the additional application process.

This subsequent entrant approach does not provide an equivalent benefit for permanent visa applications covered by Direction 122.

Exceptional Circumstances

Both directions allow departures from the usual order in exceptional circumstances, including urgent public safety issues, critical religious or community services, and sensitive foreign relations matters.

Some initial processing disruption and slowdowns are expected while officials work through existing applications and implement the new priorities.

Migration in the News

Farmers have raised concerns that changes announced last week affecting backpacker visa holders could disrupt seasonal recruitment, including cherry picking. Separate media coverage highlighted Australians relocating to Thailand for lower living costs, including one expatriate reporting rent at a quarter of his Australian costs.

The intergenerational report discussed this week also highlighted fertility falling faster than previously anticipated and the prospect of population decline without immigration. These debates provide policy context, rather than additional visa eligibility changes.

Key Takeaways

• Priority sectors receive broader recognition, including specified primary industry roles.
• Location at lodgement matters for applications outside higher-⁠priority categories.
• Including family members can affect processing order, particularly for offshore applications.
• Priority processing does not change eligibility requirements or guarantee timing.

Speak with AIA

AIA can assess how these processing directions interact with your visa pathway, employment arrangements and family circumstances. To discuss your options before lodging or making travel plans, book a consultation or call 1300 728 634.