Quick answer: Ministerial Direction 121 sets the processing order for Skills in Demand (subclass 482) visa applications. It commenced 19 September 2026, revoking Direction 119, and introduced a five-tier order. For Tier 1, location is no longer the determining factor - priority instead depends on satisfying one of the Direction's priority-sector, law-enforcement or defence criteria.
Last reviewed: 19 September 2026
Less than two months after it commenced, Ministerial Direction 119 is gone. Minister Burke signed Direction 121 on 18 September 2026, and it took effect today - 19 September 2026 - revoking Direction 119 entirely. If you read our earlier series on Direction 119, this is the update we said was coming. It arrived faster and went further than the announcement a fortnight ago suggested: rather than simply amending Direction 119, the government has replaced it outright, and split its coverage into two separate instruments.
What actually happened
Direction 121 governs the processing priority of subclass 482 applications in the Skills in Demand visa and the residual Temporary Skill Shortage cohort - it does not establish processing priorities for temporary visas generally. Provisional and permanent skilled visas - the 186, 187, 189, 190, 191, 489, 491, 494, 887 and 888 - now sit under a separate new instrument, Direction 122, which commenced the same day. Both are confirmed on the Department's own skilled visa processing priorities page, the current processing-priority frameworks for these cohorts.
| Item | Detail |
|---|---|
| Instrument | Ministerial Direction 121 |
| Legal basis | Section 499 of the Migration Act 1958 |
| Signed by | Tony Burke, Minister for Home Affairs and Minister for Immigration and Citizenship |
| Date signed | 18 September 2026 |
| Commenced | 19 September 2026 |
| Replaces | Direction 119 (24 July 2026) - revoked entirely |
| Covers | Skills in Demand (subclass 482) and legacy Temporary Skill Shortage (subclass 482) visa applications only |
| Companion instrument | Direction 122 - covers provisional and permanent skilled visas (186, 187, 189, 190, 191, 489, 491, 494, 887, 888), also effective 19 September 2026 |
Important: Direction 121 affects the order in which the Department considers covered subclass 482 applications. It does not guarantee a faster decision or a visa grant, and it does not alter substantive eligibility requirements. The applicant and nominator must still meet all applicable legislative and regulatory criteria, including occupation requirements, skills assessment requirements where applicable, salary and market-rate requirements, English, work-experience, licensing, nomination and character requirements.
At a glance: what changed from Direction 119
| Feature | Direction 119 (old) | Direction 121 (new) |
|---|---|---|
| Top tier test | Onshore AND law enforcement/Defence occupation only | Any listed occupation, onshore or offshore - location doesn't matter at tier 1 |
| Priority sectors | Construction, healthcare, teaching (3 sectors) | Construction, healthcare, teaching, agriculture/aquaculture/fishing, resources (plus defined law-enforcement and defence pathways) |
| Visas covered | 12 subclasses, split across nomination and visa schedules | Subclass 482 applications only - current Skills in Demand and residual TSS cases, visa applications only |
| Nomination applications | Had their own priority queue (Schedule A) | Not addressed - no nomination-stage priority queue at all |
| Compassionate/public-interest exception | None | Section 8 - a delegate can depart from the order for compelling circumstances |
The five tiers under Direction 121
The structure looks similar to Direction 119's five tiers at first glance, but the logic underneath has changed substantially.
| Tier | Who it covers | Notes |
|---|---|---|
| 1 (highest) | Applications relating to construction, healthcare, teaching, agriculture, aquaculture, fishing or resources sectors, or Australia's law-enforcement or defence interests | No onshore/offshore requirement at all |
| 2 | Skills in Demand visa applications in the Specialist Skills stream | A specific visa stream, not an occupation test |
| 3 | Applications where the applicant was in Australia when the application was lodged | |
| 4 | Applications where the primary applicant was outside Australia at lodgement and the application is not combined with another person's application at any time | |
| 5 (lowest) | All other applications |
The biggest structural change is at the top. Under Direction 119, the highest tier required both an onshore applicant and a law enforcement or Defence occupation - being offshore dropped a law enforcement or Defence case to tier 2. Under Direction 121, location doesn't factor into tier 1 at all. An offshore applicant in a listed priority sector now gets exactly the same top-tier priority as an onshore one. Location only starts to matter from tier 3 downward, once the priority-sector question has already been settled.
What's new in the priority sectors
Tier 1 is not a new visa-eligibility occupation list - it's a processing-priority category, and it's not purely occupation-based either. It includes a mixture of ANZSCO-based occupational categories, activity-based definitions (agriculture, aquaculture and fishing), and sponsor or employer-related criteria (law enforcement and Defence). It does not, by itself, establish eligibility for nomination or grant.
Direction 121 keeps construction, healthcare and teaching from the old framework, but broadens all three and adds two entirely new sectors.
- Agriculture, Aquaculture or Fishing is a brand new category - any occupation directly involved in primary produce production or supporting productivity, covering crop cultivation and harvesting; the capture, breeding, raising or production of livestock, poultry or seafood; agricultural support activities like animal health, irrigation, quality assurance or farm supervision; and the slaughter, processing or inspection of livestock, poultry or seafood for sale or consumption.
- Resources sector is also brand new - covering occupations that directly support the exploration, extraction or production of minerals, oil, gas or coal, including mine closure and rehabilitation work. It reaches Mining Engineers, Geologists, Geophysicists and Hydrogeologists, Drillers and Miners, plus specific codes for Production Managers (Mining), Surveyors, Metallurgists, and several Fitter and Metal Machinist occupations.
- Construction gains two ANZSCO groups it didn't have under Direction 119 - Engineering Managers (Unit Group 1332) and Civil Engineering Draftspersons and Technicians (Unit Group 3122).
- Teaching gains one new code - 134411, Faculty Head.
- Healthcare is unchanged from Direction 119.
- Defence has been broadened structurally, not just by occupation list. Direction 119 required direct ADF or Defence nomination for a narrow set of named ranks. Direction 121 also recognises an applicant who holds a letter of support from the ADF or Department of Defence, where they'll either ordinarily work at a defence facility or their occupation supports the production or supply of defence-related materiel or technology - regardless of occupation code.
- Law enforcement is essentially unchanged - the same police forces, the same ANZSCO Unit Group 4413.
The Specialist Skills stream - tier 2
Tier 2 is new territory: a dedicated priority slot for applicants in the Specialist Skills stream of the Skills in Demand visa, sitting above every other occupation-based case that isn't in a tier 1 sector. The stream itself is broader than it might sound - the occupation only needs to sit in ANZSCO Major Group 1, 2, 4, 5 or 6, rather than a fixed occupation list, but the Specialist Skills stream has its own full set of legislative requirements beyond that - it is not simply a fixed occupation-list pathway. Eligibility turns on the Specialist Skills Income Threshold (confirm the current figure against the Department's published requirements for the nomination date - it was $146,576 for the 2026-27 program year as at publication), and Labour market testing may be required for the nomination, subject to the applicable legislation, regulations and exemptions.
A new feature: the section 8 exception
Direction 119 never had a mechanism for a delegate to depart from its order of priority. Direction 121 introduces one, and it's a different kind of exception to the compassionate carve-out we've seen in Direction 117 for family visas. Section 8 lets a delegate depart from the standard order where the application involves compelling circumstances - the Direction gives examples of affecting community safety, the continuity of essential religious, cultural or community services in Australia, or Australia's international relations. On its wording, the provision appears primarily directed to unusual circumstances engaging public or systemic interests, rather than ordinary personal hardship. It's worth keeping in mind for a matter that engages one of those specific grounds, but the exact scope should be checked against the Direction's actual text before relying on it.
What Direction 121 does not cover
- Permanent and provisional skilled visas - the 186, 187, 189, 190, 191, 489, 491, 494, 887 and 888 - which now sit under the separate Direction 122.
- Nomination applications. Direction 119 ran a parallel priority queue for employer nomination applications (Schedule A). Direction 121 doesn't address nominations at all - only the visa application stage.
- The National Innovation Visa and related Class BX visas, which remain under the unchanged Direction 120.
- Applications remitted by the ART, matters where the ART has substituted its own decision, cases where it's readily apparent the criteria won't be met, and the ART itself - all carried over as exclusions from the old Direction 119 structure.
Direction 122, in brief
We'll cover Direction 122 properly in its own piece, but the headline shape is worth knowing now if you have a client in the permanent or provisional skilled stream. It runs a simpler four-tier order - the same broadened priority sectors and law enforcement/Defence test at the top, then onshore, then offshore-and-not-combined, then everything else - without the Specialist Skills tier, since that's 482-specific. It covers the 186, 187, 189, 190, 191, 489, 491, 494, 887 and 888, and it commenced the same day as Direction 121.
What we're telling clients
- If your matter is a 482 application, it's governed by Direction 121 from today - check which tier it now falls into using the broadened sector list, not the old Direction 119 categories.
- If your matter is a 186, 190, 189, or any other permanent or provisional skilled visa, Direction 119 no longer applies to it at all - it's now under Direction 122, which we'll detail separately.
- If your occupation is in agriculture, aquaculture, fishing or resources, check the new definitions carefully - these are entirely new categories, not extensions of something you may already have assessed your case against.
- If a nomination application is involved, don't assume it still has a dedicated priority queue - Direction 121 doesn't appear to provide one.
- If a matter involves community safety, essential service continuity, or international relations, the new section 8 exception is worth raising - it didn't exist under Direction 119.
Frequently asked questions
Is Direction 119 still in force?
No. It was expressly revoked by Direction 121 with effect from 19 September 2026.
Does Direction 121 cover the 186 or 190 visa?
No. Those, along with the 187, 189, 191, 489, 491, 494, 887 and 888, are now covered by the separate Direction 122, not Direction 121.
Why was Direction 119 replaced rather than just amended?
The government hasn't given a detailed public explanation beyond what's in the Direction's own preamble - that priority processing should be given to key industries and, separately, a streamlined pathway for the Specialist Skills stream. Splitting temporary from permanent and provisional visas into two instruments is itself a structural change, not something an amendment to Direction 119 alone could have achieved.
Does a higher tier guarantee faster processing or approval?
No, in either respect. Tier position only affects the order files are looked at in - it doesn't change the eligibility criteria a case has to meet, and it doesn't set a guaranteed timeframe.
For the permanent and provisional side, see our Direction 122 guide.
Sources
- Ministerial Direction 121, Department of Home Affairs (official PDF)
- Skilled visa processing priorities, Department of Home Affairs
- Specialist Skills stream, Skills in Demand visa (subclass 482), Department of Home Affairs
- Salary requirements to nominate a worker, Department of Home Affairs
- Labour Market Testing (LMT) requirement, Skills in Demand visa (subclass 482) - Migration Act 1958, section 140GBA
- Migration Act 1958, section 499
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 121 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.