Logo

Australia's New Migration Rules: How Directions 121 and 122 Reshape Skilled Visa Processing

Genuine Solutions Team
Written byGenuine Solutions Team
GeneralSeptember 20, 20265 min read
Australian New Migration Rules

Introduction

From 19 September 2026, the order in which Australia processes skilled visa applications has been completely reshaped. Direction 121 applies to Subclass 482 temporary skilled visas, and Direction 122 applies to permanent and regional skilled visas including 186, 189, 190, 491, and 494. Both replace Direction 119, which had been in force for only eight weeks. The core change is that priority sector occupations now receive top processing priority regardless of whether the applicant is in Australia or overseas. This ends the brief period where offshore healthcare workers were processed behind onshore applicants in non-priority occupations.

Why Direction 119 lasted only eight weeks

Direction 119 commenced on 25 July 2026. It was presented as a framework that prioritised onshore applicants and critical sectors. Eight weeks later, Minister Tony Burke signed Directions 121 and 122, which fundamentally reversed the core logic of 119.

The problem with Direction 119 was that it placed too much weight on where the applicant was located. A healthcare applicant only received priority if they were already in Australia. This meant an offshore nurse or doctor applying for a Subclass 482 visa could be processed behind onshore applicants in non-priority occupations.

The new Directions correct this. Sector importance now outranks geographic location. A registered nurse applying from overseas now has the same top priority as an applicant already in Australia.

Direction 121: Subclass 482 Skills in Demand (temporary skilled)

Priority

Category

Notes

Priority 1

Priority sector occupations

Construction, Healthcare, Teaching, Resources, Agriculture, Aquaculture, Fishing, Law Enforcement, Defence. Onshore and offshore treated equally.

Priority 2

Specialist Skills stream

Applicants earning at least $146,576.

Priority 3

All other onshore applications

Primary applicant in Australia, non-priority occupation.

Priority 4

Offshore single applicants

Primary applicant offshore, no family members included.

Priority 5

All other applications

Offshore applications that include family members.

Direction 122: Provisional and permanent skilled visas

Direction 122 applies to these visa classes: 186, 187, 189, 190, 191, 489, 491, 494, 887, and 888.

Priority

Category

Priority 1

Priority sector occupations, with onshore and offshore applicants treated equally.

Priority 2

All other onshore applications.

Priority 3

Offshore single applicants with no family members.

Priority 4

All other applications, including offshore applicants with family members.

Direction 122 does not include a Specialist Skills priority, because that stream only applies to the Subclass 482 visa. The logic of Direction 122 is simpler: priority sectors first, then onshore applicants, then offshore single applicants, then offshore applicants with family members.

The priority sector list: Is your occupation included?

Directions 121 and 122 define the priority sectors in the same way. If an occupation falls within one of these sectors, it receives top processing priority whether the applicant is in Australia or overseas.

Healthcare

  • ANZSCO Sub-Major Group 25: Health Professionals

  • ANZSCO Minor Group 411: Health and Welfare Support Workers

  • ANZSCO Unit Group 2346: Medical Scientists

  • ANZSCO Unit Group 2721: Counsellors

  • ANZSCO Unit Group 2723: Psychologists

  • ANZSCO Unit Group 2725: Social Workers

  • ANZSCO Unit Group 3112: Medical Technicians

  • 423111: Aged or Disabled Carer

  • 423312: Nursing Support Worker

  • 423313: Personal Care Assistant

Construction

  • ANZSCO Sub-Major Group 33: Construction Trades Workers

  • ANZSCO Sub-Major Group 82: Construction and Mining Labourers

  • ANZSCO Unit Group 1331: Construction Managers

  • ANZSCO Unit Group 1332: Engineering Managers (newly added)

  • ANZSCO Unit Group 2321: Architects and Landscape Architects

  • ANZSCO Unit Group 2332: Civil Engineering Professionals

  • ANZSCO Unit Group 3121: Architectural, Building and Surveying Technicians

  • ANZSCO Unit Group 3122: Civil Engineering Draftspersons and Technicians (newly added)

  • ANZSCO Unit Group 3126: Safety Inspectors

  • 341111: Electrician (General)

  • 341112: Electrician (Special Class)

Teaching

  • ANZSCO Minor Group 241: School Teachers

  • ANZSCO Unit Group 1341: Child Care Centre Managers

  • 134411: Faculty Head (newly added)

  • 134311: School Principal

  • 242111: University Lecturer

  • 242211: Vocational Education Teacher

  • 421111: Child Care Worker

Resources

  • ANZSCO Unit Group 2336: Mining Engineers

  • ANZSCO Unit Group 2344: Geologists, Geophysicists and Hydrogeologists

  • ANZSCO Unit Group 7122: Drillers, Miners and Shot Firers

  • 133513: Production Manager (Mining)

  • 232212: Surveyor

  • 323211: Fitter (General)

  • 323213: Fitter-Welder

Agriculture, aquaculture and fishing

Occupations directly involved in primary produce production or supporting productivity, including cultivation, harvesting, livestock management, seafood production, and processing.

Law enforcement and defence

ANZSCO Unit Group 4413: Police, where nominated or sponsored by the Australian Federal Police or a state or territory police force. AUKUS-related roles and occupations supported by the Department of Defence.

The offshore family penalty: A key change most people missed

Direction 121 introduces a distinction that Direction 119 did not make explicit. Under Direction 121, whether an offshore application includes family members directly affects its priority.

Under Direction 121:

  • Offshore single application with no family members: Priority 4.

  • Offshore application with family members: Priority 5, the lowest priority group.

  • This means an offshore Subclass 482 applicant who includes a spouse or children will have their application processed behind every single applicant.

For employers, this creates a strategic decision. If timing is critical, it may be worth assessing whether the primary applicant should lodge first, with family members added through a later application after the primary visa is granted. This approach should be assessed carefully against the applicant’s circumstances and current immigration advice.

The 482 Specialist Skills stream gets its own priority group

Under Direction 119, the Specialist Skills stream of the Subclass 482 visa lost its separate priority treatment and was processed alongside general applications. Direction 121 restores that treatment, but with a clear threshold: the applicant must earn at least $146,576, which is the Specialist Skills Income Threshold.

This stream is placed at Priority 2, behind priority sector occupations but ahead of all other onshore and offshore applications. This means if an employer needs to sponsor a highly skilled professional earning above $146,576, such as a senior engineer or experienced IT architect, the application can be processed relatively quickly even if the occupation is not on the priority sector list.

What this means for employers and applicants

For most readers, the practical question is not only which priority group applies, but how that priority should influence recruitment timing, family lodgement decisions, and nomination planning.

For employers

The good news: If you are hiring in healthcare, construction, resources, agriculture, or teaching, your candidate's visa application will receive top processing priority regardless of whether they are in Australia or overseas. This is particularly valuable for regional healthcare providers, mining companies, and agricultural businesses that depend on overseas recruitment.

What to watch: If your candidate is in a non-priority occupation and is offshore, especially with family members, processing times may lengthen further. Employers should adjust recruitment timelines and allow for longer visa waiting periods.

What no longer applies: The following advantages that existed before Direction 119 do not exist separately under Directions 121 and 122:

  • Accredited Sponsor priority processing.

  • Regional application priority processing.

  • Specialist Skills stream priority, now restored only through the salary threshold.

For applicants

  • Priority sector applicants: Top priority regardless of location. This is significant for overseas nurses, doctors, teachers, and engineers.

  • Onshore applicants in non-priority occupations: Still processed relatively quickly.

  • Offshore applicants in non-priority occupations: Priority 4 if applying alone, and lowest priority if applying with family.

FAQ: Directions 121 and 122 explained

When did Directions 121 and 122 take effect?

19 September 2026.

Do these Directions apply to applications already lodged but not yet decided?

Yes. Directions 121 and 122 apply to all visa applications made but not finally determined before commencement, as well as applications made on or after commencement.

Are priority sector occupations really treated the same onshore and offshore?

Yes. This is the central change from Direction 119. Priority sector occupations are no longer downgraded because the applicant is offshore.

My occupation is not on the priority sector list. Can I still get faster processing?

If you are in Australia, you fall into Priority 3. If you are offshore and applying alone, you fall into Priority 4. If you are offshore and applying with family members, you fall into Priority 5, the lowest group.

What is the salary threshold for the 482 Specialist Skills stream?

$146,576, which is the Specialist Skills Income Threshold.

Does applying offshore with family members really lower the priority?

Yes. Direction 121 explicitly separates offshore single applications from offshore applications that include family members, placing the latter in the lowest priority group.

Do these Directions change my visa eligibility or the occupation lists?

No. Directions 121 and 122 only change the order of processing. They do not change visa eligibility criteria, occupation lists, or the points test.

Can an application be processed outside the standard priority order?

Yes. If an application involves compelling circumstances, such as matters affecting community safety, the continuity of essential religious, cultural or community services, or Australia's international relations, a delegate may depart from the standard priority order.

What happened to the Accredited Sponsor priority?

It is no longer a separate priority category under Directions 121 and 122. Priority is now determined by sector and location, not sponsor accreditation status.

Which visas does Direction 122 cover?

Subclass 186, 187, 189, 190, 191, 489, 491, 494, 887, and 888.

Conclusion: What to do next

The logic behind Directions 121 and 122 is clear. Australia is directing processing resources toward the sectors it needs most, and it is no longer penalising overseas talent for being overseas. For employers in healthcare, construction, resources, and agriculture, this is a material improvement.

Actions to take now:

  • Confirm whether your occupation is in a priority sector. If it is, expect faster processing regardless of where your candidate is located.

  • Reassess your offshore recruitment strategy. If your candidate's occupation is not on the priority list, especially if they are applying with family members, allow for longer processing times.

  • Stop relying on advantages that no longer exist. Accredited Sponsor status, regional location, and the Specialist Skills stream, unless the salary threshold is met, no longer provide separate priority under Directions 121 and 122.

  • Consider your family lodgement strategy. If timing is critical and your candidate is offshore with family members, evaluate whether lodging the primary applicant alone first is the better approach.

How Genuine Solutions can help: We track ministerial direction changes as they happen, help employers determine whether a candidate's occupation falls within a priority sector, and plan the optimal lodgement strategy. Whether you are preparing nomination documents for a Subclass 482, 186, or 494 visa, we help ensure your application is lodged in a decision-ready state that takes full advantage of the current priority framework.

Need to assess your nomination strategy? Contact our Brisbane team for advice on how Directions 121 and 122 affect your candidate’s occupation, location, family lodgement plan, and expected processing priority.

Recommended Articles

Continue reading to discover more operational and tech insights

healthcare-australia-sponsorship
General5 min read

Healthcare Sponsorship Australia 2026: Requirements for Nurses and Carers

Healthcare sponsorship in 2026: AHPRA registration, ANMAC assessment, and visa pathways for nurses and carers. What employers and overseas workers must prepare.

Genuine Solutions TeamGenuine Solutions Team
17 Sept 2026
ChatGPT Image Sep 17, 2026, 01 46 41 PM
General5 min read

Immigration Minister Tony Burke’s Labor Migration Plan: What Is Changing?

On Citizenship Day, Australia's Minister for Home Affairs and Immigration, Tony Burke, delivered a long-awaited address at the National Press Club. Titled "The Work of Managing the Migration Program: Who Arrives, Who Stays, Who Leaves," the speech unveiled a sweeping overhaul of Australia's migration system, changes that Burke himself admitted are "not as comprehensive as I would like them to be" due to legislative constraints.

Genuine Solutions TeamGenuine Solutions Team
16 Sept 2026
pexels-sora-shimazaki-5668859
General5 min read

Employer Sponsorship: 4 Steps Australian Employers Must Follow in 2026

Sponsoring overseas talent in 2026? Learn the 4 critical steps: LMT, Genuine Position, Nomination, and Compliance. Avoid costly refusals and lost fees.

Genuine Solutions TeamGenuine Solutions Team
16 Sept 2026