What Is Ministerial Direction 119? Skilled Visa Processing Priorities Explained (2026)
What Is Ministerial Direction 119?
Ministerial Direction 119 is a direction given under section 499 of the Migration Act 1958 by the Minister for Home Affairs and Immigration and Citizenship, Tony Burke. It sets the order in which nomination and visa applications for certain skilled visas are considered and disposed of. Signed on 24 July 2026, it commenced on 25 July 2026 and revokes Direction 105 (dated 14 December 2023).
How Is This Different From Direction 105?
Direction 119 replaces Direction 105 and widens its scope. The key change: the Skills in Demand (subclass 482) visa, not previously covered under Direction 105, is now included.
Which Visas Does It Cover?
Schedule A (nomination applications):
- Subclass 186 (Employer Nomination Scheme)
- Subclass 187 (Regional Sponsored Migration Scheme)
- Subclass 482 (Skills in Demand)
- Subclass 482 (Temporary Skill Shortage)
- Subclass 494 (Skilled Employer Sponsored Regional Provisional)
Schedule B (visa applications, a broader list):
The above plus subclasses 189, 190, 191, 489, 491, 887 and 888.
How Does the Priority Order Work?
Direction 119 sets a five-tier priority order for both nomination and visa applications:
| Priority | Criteria |
|---|---|
| 1 (highest) | Applicant is in Australia + law enforcement/defence occupation |
| 2 | Applicant is outside Australia + law enforcement/defence occupation |
| 3 | Applicant is in Australia + healthcare, teaching or construction occupation |
| 4 | All other applications where the applicant is in Australia |
| 5 (lowest) | All other applications where the applicant is outside Australia |
Application to Existing Applications
Notably, the order of priority applies not only to applications lodged on or after the commencement date, but also to applications made before that date which have not yet been finally determined (clause 4(4)). Applicants with pending matters should therefore be aware that their application may be re-prioritised in accordance with the new framework.
Priority Occupation Categories
The Direction identifies four categories of priority occupations. The examples set out below are indicative only; the complete lists are contained in clause 6 of the Direction.
Law enforcement: ANZSCO 4413 – Police, where the applicant is nominated or sponsored by the Australian Federal Police or a State or Territory police force.
Defence: occupations connected with AUKUS Pillar I and Pillar II, together with roles nominated or sponsored by the Australian Defence Force or the Department of Defence (for example, 111212 – Defence Force Senior Officer).
Healthcare: for example, 423111 – Aged or Disabled Carer, 423312 – Nursing Support Worker and 423313 – Personal Care Assistant, as well as the whole of ANZSCO Sub-Major Group 25 (Health Professionals).
Teaching: for example, 134311 – School Principal, 421111 – Child Care Worker and 242111 – University Lecturer.
Construction: for example, 341111 and 341112 – Electrician (General / Special Class), together with ANZSCO Sub-Major Group 33 (Construction Trades Workers).
Applications Excluded From the Direction
Pursuant to clause 4(3), Direction No. 119 does not apply to the following:
- applications remitted by the AAT or the ART for reconsideration;
- applications in respect of which the AAT or the ART has set aside a decision and substituted a new decision;
- applications where it is readily apparent that the relevant criteria will not be satisfied;
- members of the family unit who did not make a combined application with the primary applicant;
- nomination applications relating to a change of employer; and
- the ART itself.
Important: This Is Not an Eligibility Criterion
The Direction states this expressly in its own terms (clause 5(7)):
“This Direction does not change the composition of the skilled migration occupation lists. Applicants must meet the requirements set out in the Act and the Regulations in order to be granted a visa or have their nomination approved.”
Accordingly, Direction No. 119 governs only the order in which applications are considered. It does not alter the occupation lists, the points test, or any other eligibility requirement, and inclusion within a priority tier does not guarantee that a visa will be granted.
Implications for Employers and Applicants
- Applicants who are onshore and engaged in law enforcement, defence, healthcare, teaching or construction occupations may be considered earlier in the processing queue.
- Such priority does not constitute a guarantee of approval; each application continues to be assessed on its own merits and against the applicable legal criteria.
- Applicants falling outside these categories may experience longer processing timeframes relative to priority cohorts. (The practical impact should be confirmed against the Department of Home Affairs’ current processing times page.)
Frequently Asked Questions
It is a direction issued under section 499 of the Migration Act 1958 (Cth) that prescribes the order in which certain skilled visa and nomination applications are considered and disposed of.
It commenced on 25 July 2026, the day after it was signed.
Yes. Direction No. 105 (dated 14 December 2023) has been formally revoked.
Yes. Both the Skills in Demand and the Temporary Skill Shortage (subclass 482) visas fall within its scope, representing an expansion compared with Direction No. 105.
It determines the sequence in which applications are considered; it does not determine whether an application is approved or refused.
Law enforcement and defence occupations rank highest, followed by healthcare, teaching and construction occupations.
No. The Direction expressly states that the composition of the skilled migration occupation lists remains unchanged.
Yes. Applications that have been lodged but not yet finally determined also fall within its scope.
No. Priority affects processing order only; a grant remains dependent upon satisfying every applicable requirement under the Act and the Regulations.
Determining precisely how your particular visa subclass and occupation are affected is best undertaken with the assistance of a registered migration agent.