Australia has introduced a significant change to the way skilled and employer-sponsored visa applications are prioritised for processing, with applicants already in Australia receiving substantially greater priority under the new Ministerial Direction 119.
On 25 July 2026, Ministerial Direction No. 119 – Order for considering and disposing of nominations and visa applications for certain Skilled Visas came into effect, replacing Ministerial Direction 105.
Direction 119 was issued by the Minister for Home Affairs and Minister for Immigration and Citizenship under section 499 of the Migration Act 1958.
While the Direction does not change the eligibility criteria for skilled visas, it changes the order in which a significant range of skilled and employer-sponsored visa applications are considered by the Department of Home Affairs.
For Australian employers, skilled migrants and prospective visa applicants, the distinction between applying onshore and offshore has now become considerably more important.
What is Ministerial Direction 119?
Ministerial Directions made under section 499 of the Migration Act 1958 allow the Minister to give written directions to persons or bodies exercising powers or performing functions under the Act.
Direction 119 establishes the order in which Departmental delegates are to consider and dispose of nomination and visa applications for specified skilled migration categories.
The policy rationale is clearly expressed in the Direction.
Australia’s skilled migration program is intended to support key industries and strategically important occupations, while assisting Australian businesses to access workers with skills that cannot be sourced from the domestic labour market.
The Government has identified particular priorities in:
- occupations supporting Australia’s law enforcement and Defence interests;
- healthcare;
- teaching; and
- construction, particularly in support of Australia’s housing needs.
The Direction expressly recognises the Government’s intention to prioritise skilled migrants who are already contributing to Australia.
This represents an important policy development.
Which visas are affected?
Direction 119 has broad application across Australia’s skilled migration program.
For employer nomination applications, the Direction applies to nominations associated with:
- Subclass 186 – Employer Nomination Scheme;
- Subclass 187 – Regional Sponsored Migration Scheme;
- Subclass 482 – Skills in Demand;
- the former Subclass 482 – Temporary Skill Shortage; and
- Subclass 494 – Skilled Employer Sponsored Regional (Provisional).
For visa applications, Direction 119 applies to a broader range of visa classes encompassing:
- Subclass 186 – Employer Nomination Scheme;
- Subclass 187 – Regional Sponsored Migration Scheme;
- Subclass 189 – Skilled Independent;
- Subclass 190 – Skilled Nominated;
- Subclass 191 – Permanent Residence (Skilled Regional);
- Subclass 482 – Skills in Demand;
- the former Subclass 482 – Temporary Skill Shortage;
- Subclass 489 – Skilled Regional Sponsored (Provisional);
- Subclass 491 – Skilled Work Regional (Provisional);
- Subclass 494 – Skilled Employer Sponsored Regional (Provisional);
- Subclass 888 – Business Innovation and Investment (Permanent); and
- Subclass 887 – Skilled Regional.
The inclusion of the Skills in Demand (Subclass 482) visa is particularly relevant to Australian businesses relying upon employer-sponsored workers.
The new order of priority
Perhaps the most significant feature of Direction 119 is the distinction it draws between applicants who are in Australia and those who are outside Australia at the time of application.
Broadly speaking, the processing hierarchy is:
Priority 1 – Onshore applicants in law enforcement or Defence-related occupations
The highest priority is given to applicants who are in Australia when the relevant application is made and whose occupation relates to Australia’s law enforcement or Defence interests.
Priority 2 – Offshore applicants in law enforcement or Defence-related occupations
The second priority applies to applicants outside Australia whose occupations fall within these strategic categories.
Priority 3 – Onshore healthcare, teaching and construction occupations
The next priority is given to applicants who are in Australia and whose applications relate to specified healthcare, teaching or construction occupations.
Priority 4 – All other onshore applicants
Other skilled visa applicants who were in Australia when their application was made are then prioritised.
Priority 5 – All other offshore applicants
Other applicants who were outside Australia at the time of application fall within the final priority category under the Direction.
This structure is substantially replicated for employer nomination applications, based upon the location of the nominee at the time the nomination application is made.
Two Significant Changes: Regional and Accredited Sponsor Priorities Removed
Two particularly significant changes under Direction 119 concern regional employer-sponsored applications and accredited sponsors.
Under the previous Ministerial Direction 105, employer-sponsored visa applications relating to positions located in a designated regional area received the highest processing priority.
Direction 105 also provided a separate processing priority for employer-sponsored visa applications where the applicant had been nominated by an approved sponsor holding accredited sponsor status.
These specific priorities have not been carried forward into Direction 119.
Regional location is no longer a standalone processing priority
Under Direction 119, an employer-sponsored application does not receive a higher processing priority merely because the nominated position is located in a designated regional area.
This represents a significant departure from Direction 105, under which regional employer-sponsored positions were placed at the top of the processing hierarchy.
For example, an employer sponsoring a worker for a position in regional Queensland will no longer receive priority simply because the position is located in a designated regional area.
Instead, processing priority will principally depend upon:
- whether the applicant or nominee was in or outside Australia at the time the relevant application was made; and
- whether the occupation falls within one of the specifically prioritised categories, namely law enforcement or Defence-related occupations, healthcare, teaching or construction.
Importantly, this does not remove the separate legislative benefits or requirements associated with regional visa programs such as the Subclass 494 or Subclass 491 visas. It means that regional location itself is no longer a separate processing priority under Ministerial Direction 119.
Accredited sponsors no longer receive a separate processing priority
Another important change is the removal of the specific processing priority previously given to applications involving accredited sponsors.
Under Direction 105, employer-sponsored visa applications where the applicant had been nominated by an approved sponsor with accredited status received a specific priority in the processing hierarchy.
Direction 119 does not contain an equivalent category.
Accordingly, accredited sponsor status, by itself, no longer gives an employer-sponsored nomination or visa application a higher position in the processing order established by Direction 119.
This is an important practical change for larger and established Australian employers that have obtained accredited sponsorship status and have historically benefited from priority processing.
Accredited sponsorship may continue to have other administrative and processing benefits under the employer sponsorship framework, but accredited status is no longer, of itself, a separate priority category under Direction 119.
A fundamental shift in processing policy
Taken together, these changes demonstrate a significant shift in Government policy.
Under Direction 105, the processing framework placed substantial emphasis on where the job was located and the status of the sponsoring employer.
Under Direction 119, the emphasis has shifted much more strongly towards where the skilled migrant is located at the time of application and the occupation in which the person will work.
In practical terms, the new Direction moves away from:
regional location + accredited sponsor status
and towards:
onshore status + strategically important occupations.
For employers and migration practitioners, this is one of the most significant practical changes introduced by Direction 119.
What does this mean for applicants already in Australia?
Direction 119 sends a clear policy signal: the Australian Government intends to give processing priority to skilled migrants who are already in Australia and contributing to the Australian economy and labour market.
For example, consider two applicants in the same occupation who otherwise have comparable circumstances.
One is working in Australia and applies while physically present in Australia.
The other is living and working overseas when the application is made.
Subject to the particular visa category and circumstances, the onshore applicant may now fall within a higher processing priority under Direction 119.
This does not mean the offshore applicant is ineligible.
It means that, as a matter of Departmental processing priority, the onshore application may be considered earlier.
That distinction is important.
Healthcare, teaching and construction receive special treatment
Direction 119 also provides additional priority to onshore applicants working in specified healthcare, teaching and construction occupations.
The definition of healthcare occupations is broad and includes various health professionals, medical scientists, psychologists, social workers, medical technicians and certain aged care and personal care occupations.
Teaching priorities include school teachers as well as specified occupations such as:
- School Principal;
- Vocational Education Teacher;
- Child Care Worker;
- Child Care Centre Manager; and
- University Lecturer.
Construction occupations are also given substantial coverage and include specified construction trades, Construction Managers, Architects and Landscape Architects, Civil Engineering Professionals, building and engineering technicians, crane operators, earthmoving plant operators and specified electricians, amongst others.
This aspect of Direction 119 appears closely aligned with the Government’s broader policy objectives concerning shortages in essential services and Australia’s need to increase housing supply.
What about Australian employers sponsoring workers from overseas?
Direction 119 does not prevent Australian businesses from sponsoring skilled workers from overseas.
Offshore employer-sponsored applications remain available, subject to the usual legislative requirements.
However, businesses should be aware that the location of the proposed employee at the relevant time may now affect the application’s place within the Department’s processing priorities.
This can become commercially significant.
An Australian employer recruiting a skilled employee often needs certainty regarding:
- when the employee can commence work;
- workforce planning;
- project commencement dates;
- contractual commitments;
- labour shortages; and
- continuity of operations.
Processing priority should therefore increasingly form part of the strategic discussion when businesses are considering their skilled migration options.
Employers should also consider whether alternative visa strategies may be available for workers who are already lawfully in Australia.
What happens to applications already lodged?
An important feature of Direction 119 is that it is not limited to applications lodged after its commencement.
The Direction expressly provides that it applies to nomination and visa applications made but not finally determined before commencement, as well as applications made on or after commencement.
Accordingly, applicants who lodged skilled visa applications before Direction 119 commenced may also be affected by the new processing hierarchy.
This is particularly important for applicants who have already been waiting for a decision.
Does Direction 119 change visa eligibility?
No.
This is one of the most important distinctions to understand.
Direction 119 concerns processing priority.
It does not amend the substantive requirements for obtaining a skilled visa.
The Direction itself expressly states that it does not change the composition of Australia’s skilled migration occupation lists.
Applicants must still satisfy all relevant requirements under the Migration Act 1958 and Migration Regulations 1994 before a visa can be granted or a nomination approved.
Similarly, receiving a higher processing priority does not mean that an application will necessarily be approved.
A high-priority application that does not satisfy the relevant legislative criteria may still be refused.
Conversely, being placed in a lower processing priority does not mean an application will be refused.
It means that the application may be considered later than applications falling within higher-priority categories.
Are there exceptions?
Yes.
Direction 119 does not apply to certain matters, including some applications remitted by the former Administrative Appeals Tribunal or the Administrative Review Tribunal for reconsideration.
It also does not apply to the Administrative Review Tribunal itself.
Other exclusions include certain applications where it is readily apparent that the criteria for approval of the nomination or grant of the visa would not be satisfied, certain subsequent family member applications, and nomination applications relating to a change of employer.
Applicants with unusual procedural histories should therefore obtain advice about whether Direction 119 applies to their particular circumstances.
What does Direction 119 tell us about Australia’s migration policy?
Direction 119 is more than an administrative instruction about processing queues.
It provides an indication of the Government’s current skilled migration priorities.
Three themes emerge.
First, national-interest occupations are receiving particular attention, especially those connected with Defence, law enforcement, healthcare, teaching and construction.
Second, the Government is using the skilled migration program to respond more directly to Australia’s labour market and infrastructure needs.
Third, and perhaps most significantly for many applicants, being in Australia at the time of application can now have a material impact on processing priority.
The Direction describes this policy as prioritising skilled migrants who are already contributing to Australia.
For migration planning purposes, this means the question should increasingly be not simply:
“Which visa can I apply for?”
but also:
“When and from where should the application be made, and how does that affect the overall migration strategy?”
What should skilled visa applicants do?
Applicants should not make decisions simply on the basis that one category receives a higher processing priority.
Whether an applicant should apply onshore or offshore can involve many other considerations, including:
- eligibility for the relevant visa;
- the applicant’s existing visa conditions;
- bridging visa consequences;
- travel requirements;
- work rights;
- age limitations;
- skills assessment requirements;
- state or territory nomination requirements;
- employer sponsorship requirements;
- family circumstances; and
- the timing of any pathway to permanent residence.
A processing advantage under Direction 119 should therefore be considered as one component of a broader migration strategy.
Applicants who already have an application pending should also avoid assuming that a lower priority means their application will not be processed.
A strategic issue for both applicants and employers
The introduction of Ministerial Direction 119 represents an important development in Australia’s skilled migration framework.
For skilled migrants, the applicant’s location at the time of application may now carry greater strategic significance.
For employers, particularly businesses experiencing genuine skills shortages, understanding the interaction between visa eligibility, nomination requirements and Departmental processing priorities will become increasingly important to workforce planning.
The central message is relatively simple:
Direction 119 does not change who qualifies for a skilled visa. It changes who the Department is directed to consider first.
That difference can nevertheless have significant practical consequences.
Applicants and employers contemplating a skilled or employer-sponsored visa application should obtain advice based on their individual circumstances before deciding upon the appropriate visa pathway, timing and application strategy.
About the Author
John Siong is Special Counsel at Rostron Carlyle Lawyers and leads the firm’s Migration Services team. He has practised in Australian migration law for more than 27 years, advising individuals, Australian employers, educational institutions and multinational corporations across a broad range of migration and cross-border matters.
John’s practice has a particular focus on employer-sponsored migration, skilled migration, Labour Agreements, business and investment migration, complex visa matters, visa refusals and cancellations, Administrative Review Tribunal matters, citizenship and strategic migration planning.
Over the course of his career, John has assisted Australian businesses and overseas companies with establishing and expanding operations in Australia and developing migration strategies to address skilled workforce requirements.
John also has extensive experience in cross-border legal and commercial matters, particularly involving Australia and the Asia-Pacific region. He speaks English, Mandarin, and Cantonese.
For advice regarding Ministerial Direction 119, employer-sponsored migration, skilled visas or other Australian migration matters, please email or contact John Siong and the Migration Services team at Rostron Carlyle Lawyers.
Source: Australian Government, Department of Home Affairs, Ministerial Direction No. 119 – Order for considering and disposing of nominations and visa applications for certain Skilled Visas, issued under section 499 of the Migration Act 1958.
Disclaimer: This article provides general information only and does not constitute legal advice. Australian migration law is complex, and every visa cancellation matter depends upon its own facts and the applicable legislative provisions. You should seek independent legal advice specific to your circumstances before taking any action.
