The Australian government has introduced a new framework for prioritizing the processing of certain business and skilled migration visas. Ministerial Direction 122 has introduced a four-tier prioritization framework and provides guidance to employees of the Department of Home Affairs regarding the order of processing of various migration visa applications.
This amendment impacts prospective applicants of Australian skilled migration visas, as prioritization is determined by factors such as the occupations, the location of the applicant at the time of application and the manner in which the application is made.
Individuals living in Melbourne and wishing to move to Australia permanently need to assess how these amendments impact their migration goals.
What Is Australian Direction 122?
This is a Government directive that outlines the Department of Home Affairs’s prioritization framework for processing certain skilled migration visas.
This directive pertains to visas that are currently being processed and considered under the framework as well as the skilled migration visas that are expected to be applied for in the future.
This framework is solely focused on processing prioritization and does not alter the conditions that are necessary for the applicant to be eligible to apply for the visa.
What Is the New Four-Tier Priority System?
Direction 122 establishes four broad levels of priority.
Tier 1 – Priority Sectors
The highest processing priority is given to eligible primary applicants working in specified sectors considered important to Australia’s workforce and national interests.
These include:
Healthcare, Construction, Teaching and childcare, Agriculture, aquaculture and fishing, Resources, Certain defence-related positions, Eligible law enforcement positions
Tier 2 – Other Onshore Applicants
Applicants who do not fall into Tier 1 but are in Australia when they lodge their application may fall into the second priority category.
This is particularly relevant to people already living in Melbourne or elsewhere in Australia on a temporary visa and planning their next skilled migration pathway.
Tier 3 – Certain Offshore Applicants
The third category generally covers eligible primary applicants who are outside Australia when they lodge their application and whose application is not combined with another person’s application.
Tier 4 – Remaining Applications
Applications that do not fall within the higher priority categories are placed in the remaining priority level.
Being in Tier 4 does not mean that an applicant cannot receive a visa. It relates to the order in which applications are prioritised for processing.
Which Occupations Receive Priority?
One of the biggest areas of interest under Direction 122 is the list of priority sectors.
Healthcare
The health sector is a priority. Related occupations include psychologists, social workers, care workers, nurses, and health science staff.
Construction
Other priority occupations include building trades workers, engineering and construction technologists and technicians, architects and construction and engineering services managers.
Teaching and Childcare
The Priority Migration Framework includes educational occupations such as teachers, managers of child care centers, principals of schools and universities, and child care workers and lecturers.
Agriculture, Aquaculture and Fishing
Some occupations in crop and cattle/poultry farming, fishing and associated occupations have been included in the Priority Framework.
Resources
The framework includes various occupations in the resources sector such as mining, for example, petroleum managers, mining engineers and geologists, drillers and other support personnel.
Defence and Law Enforcement
Defence and law enforcement personnel have also been included in the Framework.
Which Australian Visas Are Covered by Direction 122?
The direction applies to several permanent and provisional visa subclasses, including:
● Subclass 186 – Employer Nomination Scheme
● Subclass 187 – Regional Employer Nomination Scheme
● Subclass 189 – Skilled Independent
● Subclass 190 – Skilled Nominated
● Subclass 191 – Permanent Residence (Skilled Regional)
● Subclass 489 – Skilled Regional Provisional
● Subclass 491 – Skilled Work Regional
● Subclass 494 – Skilled Employer Sponsored Regional
● Subclass 887 – Skilled Regional
● Subclass 888 – Business Skills
For many skilled migration applicants, Subclass 189, Subclass 190 and Subclass 491 are particularly relevant when considering Australian permanent residency pathways.
However, the best visa option depends on the applicant’s occupation, points, skills assessment, nomination or sponsorship requirements and individual circumstances.
What Does Direction 122 Mean for Applicants in Melbourne?
For people searching for a migration consultant in Melbourne or an Australia migration consultant in Melbourne, Direction 122 is an important development to understand.
If you are already in Melbourne, your onshore status at the time of lodging a relevant application may affect your processing priority when you do not fall within the highest-priority sectors.
However, applicants should not make migration decisions based on processing priority alone.
For example, choosing between Subclass 189, Subclass 190, Subclass 491 or an employer-sponsored pathway requires consideration of several factors, including your occupation, skills assessment, English score, points and eligibility requirements.
This is where speaking with a qualified visa consultant in Melbourne or registered migration professional can help you understand the options available to you.
Does Priority Mean Faster Visa Approval?
Not necessarily.
Direction 122 establishes an order of processing, but it does not guarantee a specific processing time or visa outcome.
An applicant working in a priority occupation must still meet all the requirements of the relevant visa.
Similarly, being in Australia does not automatically guarantee a visa or a particular processing timeframe.
Applicants should therefore understand the difference between:
Visa eligibility – whether you meet the requirements to obtain the visa.
Processing priority – where your application sits in the Department’s processing order.
Both are important, but they are not the same thing.
What Should Skilled Migration Applicants Do Now?
If you are planning to apply for an Australian skilled visa, it is worth reviewing your migration strategy before lodging your application.
Start by checking:
● Your nominated occupation
● Skills assessment requirements
● English language score
● Age and points
● State or territory nomination options
● Employer sponsorship options
● Whether you are onshore or offshore
● The visa subclass that may suit your circumstances
● Current processing priorities
For applicants already living in Melbourne, this may be the right time to review whether a Skilled Nominated Visa Subclass 190, Skilled Independent Visa Subclass 189, Skilled Work Regional Visa Subclass 491, or employer-sponsored pathway is relevant to their circumstances.
A skilled visa consultant in Melbourne can help you understand the requirements and identify areas that may need attention before you lodge an application.
Frequently Asked Questions
1. Does Direction 122 affect Subclass 190?
Yes. Subclass 190 is one of the visa subclasses covered by the new processing priority direction.
2. Does Direction 122 affect Subclass 189?
Yes. Subclass 189 is also included in the direction.
3. Do healthcare and construction workers receive priority?
Eligible applicants whose occupations and circumstances meet the requirements of the priority provisions can fall within the highest processing priority category.
4. Does applying from Melbourne give priority?
Applicants who are in Australia when they lodge may fall into the second priority category if they do not qualify for the highest priority category. However, this does not guarantee faster processing.
5. Does Direction 122 change the points requirement?
Direction 122 primarily concerns processing priority. Applicants still need to meet the relevant eligibility and points requirements for their visa.
6. Should I consult a migration professional?
If you are unsure about your occupation, points, skills assessment, state nomination or visa pathway, getting professional advice can help you understand your options before lodging an application.
Final Thoughts
Direction 122 is an important development for Australia’s skilled migration program. The new four-tier system places particular processing priority on selected sectors, including healthcare, construction, teaching, agriculture, resources, defence and law enforcement.
For other applicants, whether they are onshore or offshore when they lodge their application can also affect their processing priority.
If you are looking for an Australia migration consultant in Melbourne, visa consultant in Melbourne, or skilled migration consultant in Melbourne, make sure you choose a properly qualified and registered professional who can assess your circumstances and explain the current visa requirements.
