Quick answer: Under the now-revoked Direction 119, the most common mistakes involved assuming post-lodgement travel could change tier position, assuming a job title alone met the occupation definitions, and treating tier position as a guaranteed outcome. This piece sets those traps out for historical reference.
Last reviewed: 19 September 2026
Part 3 of our Direction 119 series
Knowing the five tiers is one thing. Knowing where people actually trip up in practice is another. This piece sets out the Direction 119 traps we're already seeing, followed by our practical advice for employers and for applicants.
The Direction 119 traps we're seeing
Timing of travel around lodgement. Onshore or offshore status is fixed at the moment the application is made, not the moment it is decided. Arriving in Australia after lodging offshore does not improve your tier, and a short trip out before lodging can matter a great deal if you're relying on an onshore-only priority category. Get advice before you book anything if your timing is close.
Assuming your occupation is “close enough.” The construction, healthcare and teaching definitions in the Direction are precise ANZSCO references, not general descriptions of an industry. An occupation that sounds like it should qualify may fall just outside the listed unit groups. Check the actual definition, not the label.
Treating tier position as a promise. A high tier is a queue position, not a promise. Tier 1 means your file is looked at sooner relative to others in the queue - it says nothing about how long that particular assessment will take once it's picked up, and processing times still vary considerably by visa subclass and by individual case complexity. A Tier 1 position did not overcome any failure to satisfy the applicable nomination or visa criteria.
What we're telling employers and sponsors
- Go through your current pipeline of nominations and work out where each one now lands under the five tiers - do not assume nothing has changed just because a nomination was lodged months ago. Where Direction 119 applied to a pending, undecided matter, the application's processing priority was governed by the Direction from its commencement, subject to its terms and exclusions.
- Where you are sponsoring into a construction, healthcare or teaching role and the nominee has flexibility about timing, get advice on whether onshore lodgement is achievable and appropriate before locking anything in.
- If you are managing a change-of-employer nomination, set expectations internally that Direction 119's priority tiers simply do not apply to that file - it stays outside the framework entirely.
- Do not let a low tier position change your view on the quality of the application itself. A well-prepared tier 4 or 5 case still has to be right on the day it's assessed - the case for careful preparation hasn't gone anywhere.
What we're telling applicants
- Work out honestly which tier your circumstances actually fall into, using the occupation definitions in the Direction rather than a general sense of what your job title sounds like.
- If your occupation is not in a priority category, plan around realistic timeframes rather than hoping the Direction will work in your favour. Eligibility, not queue position, is still what ultimately gets a visa granted.
- If you are weighing up a trip outside Australia before lodging, and your case would benefit from tier 1 or tier 3 status, talk to us before you travel.
- Keep an eye on whether your visa subclass is actually one of the visa subclasses and nomination applications covered by Direction 119. If it isn't, this particular Direction has no bearing on your matter at all.
- Withdrawing and relodging an existing offshore application to try to improve your position has its own costs and risks, and can leave you worse off than simply waiting it out - get advice before doing this rather than after.
- Watch visa expiry dates closely if onshore lodgement matters to your case. The end of substantive status can substantially restrict onshore options and may trigger additional validity, bar and bridging-visa issues. The outcome depends on the proposed visa and the person's visa history.
Frequently asked questions
If I lodge my application offshore and then travel to Australia, does my tier improve?
No. The location test is fixed at the moment the application is made. Arriving afterwards does not change the tier your file was placed in.
Does a change-of-employer nomination get any priority under Direction 119?
No. Certain change-of-employer nomination applications were excluded from Direction 119's priority order. The precise exclusion depended on the terms of the former Direction, and shouldn't be assumed to apply beyond that specific category.
Is it worth withdrawing and relodging an application to try to get a better tier?
Usually not without advice first. It has real costs and risks, and in many cases leaves the applicant worse off than if they had simply waited. Get advice before taking any action along these lines.
Sources
- Ministerial Direction 119, Department of Home Affairs (official PDF)
- Skilled visa processing priorities, Department of Home Affairs
For the bigger picture - including how Direction 119 compares to the other visa processing priority directions signed the same day - see our side-by-side comparison of all three.
About the author
Cathal Lynch, Legal Practitioner Director
Legal Practitioner Number (LPN): 5513793
Profile: alclawyers.com.au/person/cathal-lynch
LinkedIn: linkedin.com/in/cathallynch
This article reflects our understanding of Ministerial Direction 119 as at the date of publication. Ministerial Directions can be amended or replaced, and this article is general information, not legal advice for your specific circumstances. Contact us directly for advice on your matter.