Migration Policy
Ministerial Directions 121 and 122 now in force: Australia's skilled visa priorities reshaped
Subclass 482 now sits under MD121, while MD122 covers subclass 186 and a wider group of skilled, regional and permanent visas. Agriculture and resources join the top-priority sectors, with new distinctions for location and combined applications.
This is more than a change of number. The matters previously grouped under MD119 have been divided between two instruments. MD121 deals specifically with subclass 482 Skills in Demand and outstanding Temporary Skill Shortage applications. MD122 covers subclasses 186, 187, 189, 190, 191, 489, 491, 494, 887 and 888. Their sector definitions are broadly aligned, but their priority ladders are not identical.
Which visas sit under MD121 and MD122?
| Direction | Covered visas | Structure |
|---|---|---|
| MD121 | Subclass 482 Skills in Demand and outstanding subclass 482 Temporary Skill Shortage applications | Five levels; the Specialist Skills stream has a separate second priority |
| MD122 | Subclasses 186, 187, 189, 190, 191, 489, 491, 494, 887 and 888 | Four levels; subclass 482 is not included |
MD121: the five priorities for subclass 482
- First: a primary applicant whose occupation is in construction, healthcare, teaching, agriculture, aquaculture, fishing or resources, or whose application concerns law-enforcement or defence interests.
- Second: a subclass 482 Skills in Demand application in the Specialist Skills stream.
- Third: any other primary applicant who was in Australia when the visa application was made.
- Fourth: a primary applicant who was outside Australia when the application was made and whose application has never been combined with another person's application.
- Fifth: all other subclass 482 applications.
Two features matter. Top-priority occupations are no longer split by onshore and offshore location: an application that meets the strict occupation or position definition sits in the first level. The Specialist Skills stream ranks ahead of other ordinary onshore applications, but below the specified sectors and law-enforcement or defence-interest matters.
MD122: four priorities for subclasses 186, 189, 190, 491, 494 and others
- First: a primary applicant in a specified construction, healthcare, teaching, agriculture, aquaculture, fishing or resources occupation, or a law-enforcement or defence-interest matter.
- Second: every other primary applicant who was in Australia when the visa application was made.
- Third: a primary applicant who was outside Australia at lodgement and whose application has never been combined with another person's application.
- Fourth: all other applications.
MD122 places independent and state-nominated skilled visas, employer-sponsored and regional pathways, and listed follow-on permanent visas within one four-level structure. It controls the relative order in which the Department processes lodged visa applications. It does not change SkillSelect EOI rankings, state invitation systems or any statutory visa criterion.
Which sectors receive the highest priority?
Construction, healthcare and teaching remain prominent. Agriculture, aquaculture, fishing and resources are now expressly included, while defined law-enforcement and defence-interest applications also sit at the top. These labels cannot be read as unlimited industry categories. Construction, healthcare, teaching, resources and law enforcement are substantially defined through listed ANZSCO groups or codes; agriculture, aquaculture and fishing use a position-function test.
| Sector | How the Directions define it | Practical caution |
|---|---|---|
| Construction | Listed ANZSCO groups and codes covering specified managers, built-environment and engineering professionals, trades and equipment operators | Employment by a construction business is not enough by itself |
| Healthcare | Listed health professional, psychology, social, technical and selected care groups or occupations | The nominated occupation must fall within the stated scope |
| Teaching | Listed education professional, education-management, vocational, university and childcare groups or occupations | Not every role at an education provider is included |
| Agriculture, aquaculture and fishing | The position must directly undertake primary production or support productivity, including specified growing, breeding, animal health, irrigation, quality, supervision and processing functions | The actual functions of the position matter more than an employer's general industry label |
| Resources | Listed mining, geology and resource occupations plus positions directly supporting exploration, extraction, production, closure, decommissioning or rehabilitation | General administration or indirect services may not satisfy the definition |
| Law enforcement and defence | Police roles require the specified occupation and nomination or sponsorship by a listed police force; defence requires the stated AUKUS, ADF, Defence or support-letter connection | Security, government or defence-supply work is not automatically included |
Can including family change an offshore application's level?
A family member whose application is validly combined with the primary applicant receives the same priority as that primary applicant. However, for an offshore primary applicant outside the top sectors, the wording of the third and fourth levels under MD122—and the fourth and fifth levels under MD121—distinguishes an application that has never been combined with another person's application.
What changed from MD119?
- One MD119 framework has been split into MD121 for subclass 482 and MD122 for the other listed skilled visas.
- The top sectors have expanded to expressly include agriculture, aquaculture, fishing and resources.
- A listed priority sector now sits at the top without first being divided by onshore or offshore location.
- The subclass 482 Specialist Skills stream has its own second priority under MD121.
- Other onshore applications remain ahead, while non-priority offshore applications are further distinguished by whether they have ever been combined.
- The new Directions list visa applications only, rather than a separate priority framework for related nomination applications.
What does processing priority not change?
- It does not add an occupation to a skilled or employer-sponsored occupation list.
- It does not relax English, skills assessment, experience, nomination, sponsorship, health or character requirements.
- It does not guarantee a subclass 189 invitation, a state nomination or an employer nomination approval.
- It creates no fixed processing time and does not mean lower-priority applications have stopped.
- It does not displace any applicable cap under section 85 of the Migration Act.
- It does not convert queue position into an individual probability of grant.
When can exceptional circumstances alter the order?
Both Directions allow departure from the ordinary order in compelling circumstances affecting community safety or the continuity of essential religious, cultural or community services in Australia. MD121 also expressly includes compelling circumstances affecting Australia's international relations. Ordinary personal inconvenience, a preferred start date or routine commercial pressure will not automatically engage these exceptions.
What should applicants and employers check now?
Existing applicants should first identify whether MD121 or MD122 applies, then check the primary applicant's location at lodgement, the nominated occupation or the actual position functions, the subclass 482 stream and whether the application has ever been combined with a family member's application. Prospective applicants should still put lawful status, visa conditions, onshore eligibility, accurate occupation selection and employer or nomination requirements ahead of queue strategy. Faster processing is of no benefit if the application does not meet the law.