The Australian Government has introduced Ministerial Direction 119, which changes the way the Department of Home Affairs prioritises the processing of certain nomination and visa applications.
Direction 119 tells departmental delegates the order in which they are to consider and dispose of nomination applications and visa applications across a broad group of skilled visas.
The Direction forms part of the Government’s broader strategy to reduce net overseas migration to what it considers more sustainable levels. While that policy objective is clear, the practical consequences for skilled migrants, employers, regional Australia and family applicants are significant.
Importantly, Ministerial Direction 119 does not change the legal criteria for visa eligibility. Rather, it affects the order in which applications are considered and finalised by the Department.
Key Takeaways
Ministerial Direction 119 is likely to produce four major outcomes:
- Most offshore skilled migrants will be deprioritised
- Regional migration or accredited sponsorship status applications will no longer receive the same priority as under previous directions
- Offshore partner visa applicants and their Australian sponsors may face longer wait times
- Healthcare, teaching and construction occupations will receive welcome priority treatment
A different basis for deciding who is assessed first
Two factors now shape the queue. The first is the occupation that is nominated. The second is where the applicant is located at the moment the application is made.
Direction 105 gave the leading place to employer sponsored positions in designated regional areas, followed by healthcare and teaching roles. That structure has gone.
Under Direction 119, occupations connected with Australia’s law enforcement and defence interests take the leading place, and construction now sits alongside healthcare and teaching in the band below. Within every band, a person who is already in Australia is reached before a person who is offshore. Regional location on its own no longer lifts an application up the queue, which is a meaningful shift for businesses that had relied on the previous arrangement.
The order of priority
Sections 7 and 8 of the Direction apply the same five tiers to nomination applications and to visa applications:
- Law enforcement or defence occupations where the person is in Australia when the application is made.
- Law enforcement or defence occupations where the person is outside Australia when the application is made.
- Healthcare, teaching or construction occupations where the person is in Australia when the application is made.
- All remaining applications where the person is in Australia when the application is made.
- All remaining applications where the person is outside Australia when the application is made.
Applications combined with a primary applicant in the manner allowed by the Regulations carry the same standing as the primary application, so accompanying family members are not disadvantaged.
Applications and visas that are covered
The Department has confirmed that Ministerial Direction 119 applies to all applications on hand.
Nomination Applications
Schedule A applies to nomination applications for the following subclasses:
- Employer Nomination Scheme visa — subclass 186;
- Regional Sponsored Migration Scheme visa — subclass 187;
- Skills in Demand visa — subclass 482;
- Temporary Skill Shortage visa — subclass 482; and
- Skilled Employer Sponsored Regional (Provisional) visa — subclass 494.
Visa Applications
Schedule B applies to visa applications for the following subclasses:
- subclass 186;
- subclass 187;
- subclass 189;
- subclass 190;
- subclass 191;
- subclass 482, including both Temporary Skill Shortage and Skills in Demand applications;
- subclass 489;
- subclass 491;
- subclass 494;
- subclass 887; and
- subclass 888.
The occupations in each group
Law enforcement interests
Police occupations in Unit Group 4413, where the visa applicant or proposed applicant is nominated or sponsored by the Australian Federal Police, New South Wales Police Force, Victoria Police, Queensland Police Service, Western Australia Police Force, South Australia Police, Tasmania Police or Northern Territory Police Force.
Defence interests
Occupations relating to AUKUS Pillar I, which covers conventionally armed submarines powered by nuclear reactors, and AUKUS Pillar II, which covers advanced capability development. The following occupations are also included, where the applicant is nominated or sponsored by the Australian Defence Force or the Department of Defence:
- Unit Group 4411: Defence Force Members, Other Ranks
- Occupation 111212: Defence Force Senior Officer
- Occupation 139111: Commissioned Defence Force Officer
- Occupation 139211: Senior Non Commissioned Defence Force Member
Healthcare
- Sub Major Group 25: Health Professionals
- Minor Group 411: Health and Welfare Support Workers
- Unit Group 2346: Medical Scientists
- Unit Group 2721: Counsellors
- Unit Group 2723: Psychologists
- Unit Group 2725: Social Workers
- Unit Group 3112: Medical Technicians
- Occupation 423111: Aged or Disabled Carer
- Occupation 423312: Nursing Support Worker
- Occupation 423313: Personal Care Assistant
Teaching
- Minor Group 241: School Teachers
- Unit Group 1341: Child Care Centre Managers
- Occupation 134311: School Principal
- Occupation 242111: University Lecturer
- Occupation 242211: Vocational Education Teacher (AUS) and Polytechnic Teacher (NZ)
- Occupation 421111: Child Care Worker
Construction
- Sub Major Group 33: Construction Trades Workers
- Sub Major Group 82: Construction and Mining Labourers
- Unit Group 1331: Construction Managers
- Unit Group 2321: Architects and Landscape Architects
- Unit Group 2332: Civil Engineering Professionals
- Unit Group 3121: Architectural, Building and Surveying Technicians
- Unit Group 3126: Safety Inspectors
- Unit Group 3129: Other Building and Engineering Technicians
- Unit Group 3222: Sheetmetal Workers
- Unit Group 3223: Structural Steel and Welding Trades Workers
- Unit Group 7111: Clay, Concrete, Glass and Stone Processing Machine Operators
- Unit Group 7121: Crane, Hoist and Lift Operators
- Unit Group 7212: Earthmoving Plant Operators
- Occupation 341111: Electrician (General)
- Occupation 341112: Electrician (Special Class)
What this means for sponsors and applicants
1. Offshore Skilled Migrants Are Likely to Move Down the Queue
One of the most significant effects of the new Direction is that it prioritises many onshore applicants over offshore applicants.
This represents a major policy shift.
Traditionally, a central purpose of Australia’s skilled migration program has been to attract offshore skilled workers to fill roles that cannot be filled locally, particularly where those roles are critical to productivity, infrastructure delivery, health services or economic growth.
For Australian employers, this may create practical difficulties where business operations depend on recruiting skilled workers from overseas.
2. Accredited Sponsorship Status or Regional Migration Has Been Deprioritised
Previous processing directions gave stronger priority to regional migration applications or businesses with accredited sponsorship status, recognising the importance of migration. Ministerial Direction 119 appears to represent a shift away from that approach.
The effect is that regional employers may find it more difficult to secure timely outcomes for sponsored workers, particularly where the applicant is offshore or where the occupation is not otherwise prioritised.
This may be especially challenging for regional businesses that already face acute labour shortages and limited local labour pools.
3. Priority for Healthcare, Teaching and Construction is a Positive Development
A clear positive aspect of Ministerial Direction 119 is that it prioritises applications in critical sectors, including:
- healthcare;
- teaching; and
- construction.
This is a welcome recognition of the labour shortages affecting essential services and infrastructure delivery across Australia.
Prioritising these occupations should assist employers and applicants in sectors where workforce shortages have a direct impact on community services, housing supply, education and public health
Concluding Thoughts
Ministerial Direction 119 represents a substantial shift in Australia’s visa processing priorities.
While the Government’s objective of reducing net overseas migration is clear, the Direction may create real challenges for employers, regional Australia and families seeking to reunite across borders.
At the same time, the prioritisation of healthcare, teaching and construction applications is a positive and practical measure that recognises Australia’s urgent workforce needs in those sectors.
For businesses and applicants, the key message is clear: visa strategy now matters more than ever. Applications should be carefully prepared, fully documented and aligned, where possible, with the new processing priorities.
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Changes to the migration program can occur without notice. The above information is not intended to be legal advice and is correct as of the date of writing this article.