Quick answer: Ministerial Direction 122 sets the processing order for ten specified permanent and provisional skilled visa subclasses, including the 186 and 190. It commenced 19 September 2026 alongside Direction 121, using a four-tier order based on occupation and location.
Last reviewed: 19 September 2026
Ministerial Direction 122 sets the processing order for ten specified permanent and provisional skilled visa subclasses: 186, 187, 189, 190, 191, 489, 491, 494, 887 and 888. Signed on 18 September 2026 and effective from 19 September 2026, it replaced the Direction 119 processing-priority regime for those subclasses.
Direction 122 shares its highest-priority sector and occupation categories with Direction 121, including construction, healthcare, teaching, agriculture, aquaculture, fishing and resources, together with specified law-enforcement and defence-related cases. But the two Directions do not have the same overall queue: Direction 121 also gives separate priority to Skills in Demand Specialist Skills stream subclass 482 applications.
Direction 122 concerns processing priority only. It does not guarantee faster finalisation, establish visa eligibility, or alter the substantive requirements for the relevant visa subclass.
Key facts
| Item | Detail |
|---|---|
| Instrument | Ministerial Direction 122 |
| 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 |
| Revocation | Direction 119 was revoked by Direction 121 on 19 September 2026. Direction 122 operates alongside Direction 121 for the specified permanent and provisional skilled visa cohort. |
| Covers | Ten permanent and provisional skilled visa subclasses: 186, 187, 189, 190, 191, 489, 491, 494, 887 and 888 |
| Companion instrument | Direction 121 - covers subclass 482 applications in the Skills in Demand visa and the residual Temporary Skill Shortage cohort, also effective 19 September 2026 |
Important: Direction 122 governs the order in which the Department considers and disposes of covered visa applications. It does not create a visa entitlement, guarantee a processing timeframe or alter substantive visa requirements. Applicants and nominators must still satisfy all applicable legislative and regulatory criteria, including any occupation-list, skills assessment, points, age, English, nomination, salary, regional, licensing, health, character and other requirements.
At a glance: how 122 differs from 121
The Directions use the same Priority 1 sector, occupation and interest categories. Their wider processing structures are not identical: Direction 121 contains a separate Specialist Skills stream tier for subclass 482 applications, while Direction 122 does not.
| Feature | Direction 121 (temporary) | Direction 122 (permanent/provisional) |
|---|---|---|
| Visas covered | Subclass 482 applications in the Skills in Demand visa and the residual Temporary Skill Shortage cohort | 186, 187, 189, 190, 191, 489, 491, 494, 887, 888 - 10 specified subclasses |
| Number of tiers | Five | Four - no Specialist Skills stream equivalent |
| Section 85 cap provision | None - temporary visas aren't subject to an annual numerical cap | Section 8 - cap-affected applications still follow the standard order unless the exception applies |
| Exception clause grounds | Community safety, essential service continuity, or Australia's international relations - three grounds | Community safety, or essential service continuity - two grounds, international relations is not included |
| Revocation clause of its own | Yes - expressly revokes Direction 119 | No - not needed, since Direction 121 already revoked Direction 119 in full |
Which visas are covered
Direction 122 applies to ten subclasses, set out in its Schedule:
- Subclass 186 - Employer Nomination (Permanent) (Class EN)
- Subclass 187 - Regional Employer Nomination (Permanent) (Class RN)
- Subclass 189 - Skilled Independent (Permanent) (Class SI)
- Subclass 190 - Skilled Nominated (Permanent) (Class SN)
- Subclass 191 - Permanent Residence (Skilled Regional) (Class PR)
- Subclass 489 - Skilled-Regional Sponsored (Provisional) (Class SP)
- Subclass 491 - Skilled Work Regional (Provisional) (Class PS)
- Subclass 494 - Skilled Employer Sponsored Regional (Provisional) (Class PE)
- Subclass 887 - Skilled (Residence) (Class VB)
- Subclass 888 - Business Skills (Permanent) (Class EC)
Direction 122 addresses the processing priority of covered visa applications; it does not establish a separate nomination-application priority order - the same as Direction 121.
The four tiers
Direction 122 runs a simpler order than its temporary-visa counterpart - four tiers instead of five, because there's no Specialist Skills stream in the permanent and provisional space for a second tier to sit above everything else.
| Tier | Who it covers | Notes |
|---|---|---|
| 1 (highest) | Applications relating to the construction, healthcare, teaching, agriculture, aquaculture, fishing or resources sectors, or to Australia's law-enforcement or defence interests | No onshore/offshore requirement |
| 2 | Any other occupation, applicant in Australia at lodgement | |
| 3 | Any other occupation, primary applicant outside Australia at lodgement and not combined with another application | |
| 4 (lowest) | All other visa applications |
An application that falls within tier 1 is considered before applications placed in the later onshore/offshore tiers. Onshore status does not itself elevate a non-tier-1 case above a tier 1 case. This describes priority of processing only - actual processing time remains affected by application completeness, nomination issues, integrity checking, allocation of departmental resources and satisfaction of all visa criteria.
The priority sectors - identical to Direction 121
Every occupation definition in Direction 122 is drafted word for word the same as Direction 121's. If you've already checked a case against Direction 121's categories, the same analysis carries across directly.
- Agriculture, Aquaculture or Fishing - the cultivation, production or harvesting of crops; the capture, breeding, raising or production of livestock, poultry or seafood; agricultural production support activities such as 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 - occupations directly supporting the exploration, extraction or production of minerals, oil, gas or coal, including mine closure and rehabilitation. Covers 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 - Direction 122 adopts the construction definition also used in Direction 121, including Engineering Managers (Unit Group 1332) and Civil Engineering Draftspersons and Technicians (Unit Group 3122). Compared with Direction 119, these categories should be checked against the relevant Direction 119 definition rather than assumed to have applied under the former framework.
- Teaching - includes Faculty Head (134411), the same addition Direction 121 made.
- Healthcare - unchanged from the old Direction 119 definition.
- Defence - the same broadened test as Direction 121: specified defence-related pathways defined in the Direction, including AUKUS Pillar I or II work, direct ADF or Defence nomination, or a letter of support from the ADF or Department of Defence - check the Direction's exact wording before relying on the detail for a specific case.
- Law enforcement - the same ANZSCO Unit Group 4413 (Police) test, sponsored by a listed Australian police force.
New here: the section 85 cap provision
Direction 122 includes a specific provision for an application affected by a determination under section 85 of the Migration Act 1958. Where that provision applies, the Direction confirms that the ordinary priority order set out in section 6 continues to operate unless the compelling-circumstances exception in section 7 is engaged. A section 85 maximum-number determination should not be conflated with broader Migration Program planning levels, State or Territory nomination allocations, or general departmental processing settings - whether a particular subclass or application is cap-affected should be checked against the relevant current determination and Departmental position. Direction 121's temporary 482 visa has no equivalent provision.
A narrower exception clause than Direction 121
Both Directions let a delegate depart from the standard order for compelling circumstances, but the grounds aren't identical. Direction 121 names three: community safety, the continuity of essential religious, cultural or community services in Australia, and Australia's international relations. Direction 122's version - section 7 - drops the third ground entirely, leaving only community safety and the continuity of essential services. Whether that's a deliberate policy choice or simply reflects the kinds of cases expected in each visa stream isn't explained in either Direction's own text, but it's a real difference worth knowing if a matter's compelling circumstances specifically involve Australia's international relations rather than community safety or service continuity - that ground may not be available under Direction 122.
What Direction 122 does not cover
- The Skills in Demand (482) visa and legacy TSS (482) - those sit under the separate Direction 121.
- The National Innovation Visa and related Class BX visas, which remain under the unchanged Direction 120.
- Nomination applications - only the visa application stage is addressed.
- Direction 122 does not govern the matters excluded by its own terms, including specified ART-related cases and applications that fall within the Direction's “readily apparent” exclusion. The exact exclusions should be read against the relevant provisions of Direction 122 and the procedural posture of the case.
What we're telling clients
- If your matter is a 186, 190, 189, 191, 489, 491, 494, 887 or 888, it's Direction 122 that governs the queue now, not Direction 119 or Direction 121.
- Check the occupation against the same broadened sector list as Direction 121 - the agriculture, aquaculture, fishing and resources categories are new and may capture cases that didn't qualify for anything under Direction 119.
- If an application is affected by a current section 85 determination, Direction 122 indicates that the ordinary four-tier processing order continues to apply unless the compelling-circumstances exception is engaged. Confirm first whether the relevant subclass and application are in fact subject to a current section 85 determination.
- If you're weighing whether the compelling-circumstances exception might apply, check which ground your matter actually fits - unlike Direction 121, Direction 122 does not appear to identify Australia's international relations among the listed matters, though the exact exception provision should be checked before relying on that distinction.
- Priority classification should be assessed against the nominated position, the actual duties to be performed, the relevant ANZSCO code or group where applicable, and the precise sector, sponsor and evidence requirements in the Direction. A broad industry description - such as “construction,” “resources,” “agriculture” or “defence” - will not necessarily be sufficient.
Frequently asked questions
Does Direction 122 cover the 482 visa?
No. The 482, in both the Skills in Demand and legacy Temporary Skill Shortage streams, is covered by the separate Direction 121.
Why does Direction 122 have four tiers instead of five?
Direction 121's extra tier is for the Specialist Skills stream of the Skills in Demand visa, which is specific to the temporary 482. There's no equivalent stream in the permanent and provisional space, so Direction 122 doesn't need that tier.
Does Direction 122 revoke Direction 119?
Not directly - it doesn't need to. Direction 121 already revoked Direction 119 in full when it commenced on the same day.
Does Direction 122 override a section 85 cap?
No. Direction 122 concerns the order in which covered applications are processed. It does not displace a valid determination made under section 85 of the Migration Act 1958. Whether a particular subclass or application is currently affected requires a separate, current check.
For the temporary 482 side, see our Direction 121 guide.
Sources
- Ministerial Direction 122, Department of Home Affairs (official PDF)
- Ministerial Direction 121, Department of Home Affairs (official PDF)
- Skilled visa processing priorities, Department of Home Affairs
- Migration Act 1958, sections 85 and 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 122 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.