31 Oct Goodbye MD119, Hello MD121 and MD122: Australia’s Skilled Visa Queue Has Changed Again
If you have a skilled visa application with the Department of Home Affairs, or you’re about to lodge one, the processing queue has changed again. Ministerial Direction 119 (MD119) started on 25 July 2026. Less than two months later it has been revoked and replaced by two new Directions: Ministerial Direction 121 and Ministerial Direction 122. Both took effect on 19 September 2026.
This came out of Home Affairs Minister Tony Burke’s migration announcement on 17 September 2026. The Government said it would update MD119 so the skilled program “supports priority processing for a range of key sectors, including healthcare, construction, education, law enforcement, defence, resources, agriculture, aquaculture and fishing.”
The new sectors are agriculture, resources, aquaculture and fishing. Burke also mentioned construction and teaching, but they were not new. Both already had priority under MD119 (Part 2, section 8(3)(c)) alongside healthcare. The real change is how the queue is structured, and that matters as much as the sector list.
This is not a change to eligibility criteria. It is a change to the queue. It also applies to applications already lodged, so it may be affecting an application you lodged months ago.
What Are Ministerial Directions 121 And 122?
Like MD119 before them, these are legally binding instruments made by the Minister under section 499 of the Migration Act 1958. They don’t create new visas or guarantee a faster approval. They tell Home Affairs delegates the order in which to work through nomination and visa applications.
Think of it as a triage system for the Department’s workload. Two visas requesting exactly the same outcome can now have very different wait times, purely because of where they sit in this new priority order.
Where MD119 was one Direction for the whole skilled program, the Government has now split it in two:
| Direction | Covers |
|---|---|
| MD121 (temporary skilled) | Subclass 482 Skills in Demand, and the legacy 482 Temporary Skill Shortage |
| MD122 (provisional and permanent skilled) | Subclasses 186, 187, 189, 190, 191, 489, 491, 494, 887 and 888 |
The standout change here is the Skills in Demand (subclass 482) visa — for the first time, it’s been brought fully inside a Ministerial Direction’s priority framework. Employers who have grown used to relatively predictable 482 processing should take note.
Both Directions apply to applications that were still undecided on 19 September 2026, as well as new lodgements. You don’t need to do anything for your application to be re-ordered. It happens automatically.
The New Queue: Sector First, Location Second
Under MD119, your place in the queue depended on your occupation and on whether you were onshore when you lodged. Priority occupations only got the full benefit onshore. An offshore nurse, teacher or tradesperson dropped to the bottom tier with every other offshore applicant.
MD121 and MD122 put one broad priority-sector tier at the top, based on your nominated occupation. Location only matters after that.
| Priority | MD119 (25 Jul – 18 Sep 2026) | MD121: subclass 482 | MD122: permanent and provisional |
|---|---|---|---|
| 1 | Law enforcement or defence, onshore | Priority sectors* | Priority sectors* |
| 2 | Law enforcement or defence, offshore | Specialist Skills stream | Primary applicant onshore at lodgement |
| 3 | Construction, healthcare or teaching, onshore | Primary applicant onshore at lodgement | Primary applicant offshore, application not combined with another person’s |
| 4 | All other occupations, onshore | Primary applicant offshore, application not combined with another person’s | All other applications |
| 5 | All other occupations, offshore (including offshore construction, healthcare and teaching) | All other applications | n/a |
*Priority sectors: construction, healthcare, teaching, agriculture, aquaculture, fishing and resources, plus Australia’s law enforcement and defence interests.
Three things stand out:
- Agriculture, aquaculture, fishing and resources are new to the top tier. They join construction, healthcare and teaching, which were already prioritised under MD119 section 8(3)(c).
- Law enforcement and defence no longer sit above everyone else. They now share the top tier with the other priority sectors.
- Offshore applicants in priority sectors have moved up a lot. Under MD119 they were in the lowest tier. Now they share Priority 1 with onshore applicants in the same sectors.
Priority is based on the nominated occupation, not the employer’s industry. An accountant working for a mining company doesn’t get resources-sector priority just because of their employer. The Directions tie each sector to specific ANZSCO occupation groups. Check that your occupation is on the list before assuming you’re in the top tier.
Regional sponsorship and Accredited Sponsor status still give no automatic queue advantage, as under MD119.
What This Means in Practice
If you work in agriculture, aquaculture, fishing or resources: You’ve gone from mid-queue to the top tier, onshore or offshore. Employers who held back on nominating farm, fisheries or mining roles because of MD119 timeframes should look at them again.
If you’re in construction, healthcare or teaching and offshore: This is the biggest win of the update. Under MD119 you were in the lowest tier. You now share Priority 1 with onshore applicants in your sector.
If you’re onshore outside the priority sectors: You’re still ahead of offshore applicants. But more occupations now sit above you, and offshore applicants in the priority sectors have moved in front of you. Expect your wait to stay the same or get longer.
If you’re an employer with offshore nominees outside the priority sectors: Workforce planning is still hard. Offshore applicants outside the priority sectors remain near the bottom. Under MD122, an offshore applicant whose application includes family members appears to fall into the lowest “all other applications” tier. Build that into start dates and be upfront with the business and the nominee.
If you’re sponsoring a Specialist Skills 482: You now have a dedicated second tier under MD121, ahead of all other onshore and offshore 482 applications outside the priority sectors.
If you already have an application on hand: It has been re-ordered automatically. Check which tier it falls into now. Published processing times may be unsettled for a while as the Department works through the new order.
What The New Directions Do NOT Do
- They do not change visa eligibility requirements.
- They do not guarantee approval, whatever your priority tier.
- They do not replace the need for a complete, well-evidenced application. Missing documents or weak evidence can still delay or damage your case.
A higher queue position is only worth something if the application behind it is ready for a decision. Lodging just to “get in line” before the evidence is in order is a false economy.
Our Take
Very simply, since July, skilled applicants and employers have been through three processing regimes: MD105, then MD119, now MD121 and MD122. The 17 September update fixes some of MD119’s clearest problems. Offshore healthcare, construction and teaching applicants are no longer at the back of the queue. Agriculture, fisheries and resources, which were among the loudest industry critics, now have priority. That is welcome, and it shows that pushback from industry and professional bodies such as the Migration Institute of Australia made a difference. But the main direction hasn’t changed. Regional sponsors and Accredited Sponsors still get no processing advantage. Offshore applicants outside the priority sectors still wait longest, as do offshore applicants who include family in their application. Temporary visa holders and applicants don’t vote. Too often, the migration system gets adjusted around them rather than with them.
Skilled migration success isn’t only about meeting the criteria on paper. Timing, occupation classification and location all affect how your case moves through the system, and those rules have now changed twice in one quarter. If you have a pending application, or you’re deciding when and where to lodge, contact the team at Worldly Migration for tailored advice.
Frequently Asked Questions
What replaced Ministerial Direction 119?
MD119 was revoked and replaced by Ministerial Direction 121 and Ministerial Direction 122, which both took effect on 19 September 2026. MD121 covers the subclass 482 Skills in Demand visa and the legacy 482 Temporary Skill Shortage visa. MD122 covers subclasses 186, 187, 189, 190, 191, 489, 491, 494, 887 and 888.
Do MD121 and MD122 apply to applications already lodged?
Yes. Both Directions apply to applications that were still undecided on 19 September 2026, as well as new lodgements. Existing applications were re-ordered automatically, so you don’t need to do anything.
Which occupations get top processing priority?
Construction, healthcare, teaching, agriculture, aquaculture, fishing and resources, plus Australia’s law enforcement and defence interests. Priority is based on your nominated occupation, not your employer’s industry. An accountant at a mining company doesn’t get resources-sector priority.
Does being offshore still put me further back in the queue?
Not if your occupation is in a priority sector. Offshore applicants in those sectors now share the top tier with onshore applicants. Outside the priority sectors, onshore applicants still come before offshore applicants. Under MD122, offshore applicants who include family members in their application appear to fall into the lowest tier.
Is the 482 visa now subject to processing priorities?
Yes. For the first time, the subclass 482 Skills in Demand visa is fully inside a Ministerial Direction’s priority framework under MD121. The Specialist Skills stream has its own second tier, ahead of other 482 applications outside the priority sectors.
Do the new Directions change eligibility or guarantee a faster approval?
No. They only change the order in which Home Affairs processes applications. Eligibility criteria are the same, and a higher queue position doesn’t guarantee approval. A complete, well-evidenced application is still essential.
This article provides general information only, current as at the date of publication, and does not constitute migration advice. Visa requirements and government policy may change. For advice specific to your circumstances, please contact a registered migration agent.
Sources
- Minister for Home Affairs media release, 17 September 2026: Migration reform to end rorts and bring in the skills Australia needs
- Home Affairs: Skilled visa processing priorities
- Ministerial Direction 121
- Ministerial Direction 122
- Ministerial Direction 119 (revoked)
All information is accurate at the date of writing, 26 October 2026.
Written by Evan Bishop, Registered Migration Agent MARN 1679414
No Comments