In short: On 24 July 2026 the Minister for Home Affairs signed three new Ministerial Directions — 117, 119 and 120 — under section 499 of the Migration Act 1958. They commenced on 25 July 2026 and reset the order in which family, skilled and talent visa applications are considered and decided. Critically, they apply to applications already in the queue, not just new ones. If you have an application on hand, your position in the queue may have changed overnight.
The rules for whether you qualify have not moved. What has moved is when your application gets looked at. For many applicants — and for the employers sponsoring them — that timing is the whole ballgame. Below, we explain what each Direction does, who benefits, who slips down the order, and why the interaction between these instruments is easy to misread.
What is a Ministerial Direction, and why does it matter to you?
A Ministerial Direction made under section 499 of the Migration Act 1958 is a lawful instruction to departmental decision-makers. It does not change visa criteria, occupation lists or eligibility thresholds. Instead, it tells delegates the order in which to consider and dispose of applications.
That distinction matters. A Direction cannot make an ineligible applicant eligible, and it cannot guarantee a grant. But in a system where processing queues stretch for months or years, the order of consideration effectively determines outcomes: a family separated by an ocean, a business waiting on a critical hire, or a graduate whose bridging status depends on a timely decision all live or die by queue position.
All three new Directions share a common design feature worth understanding: they apply to applications made but not finally determined before 25 July 2026, as well as to applications lodged on or after that date. In plain terms, lodging early no longer locks in the priority rules that existed when you applied. Your application is now ordered under the new framework.
Ministerial Direction 119: the biggest change — skilled visas and nominations
Ministerial Direction 119 is the most consequential of the three. It revokes and replaces Ministerial Direction 105 and establishes a completely new priority framework for skilled nomination and visa applications. It commenced on 25 July 2026 and applies to applications already on hand as well as new ones.
What Direction 119 covers
For nominations, Direction 119 covers subclasses 186 (Employer Nomination Scheme), 187 (Regional Sponsored Migration Scheme), 482 (Skills in Demand and Temporary Skill Shortage) and 494 (Skilled Employer Sponsored Regional (Provisional)).
For visa applications, it reaches further: subclasses 186, 187, 189 (Skilled-Independent), 190 (Skilled-Nominated), 191 (Permanent Residence (Skilled Regional)), 482 (both streams), 489, 491 (Skilled Work Regional (Provisional)), 494, 887 (Skilled (Residence)) and 888 (Business Skills (Permanent)).
A notable expansion: Direction 119 now captures the Skills in Demand (subclass 482) nomination and visa applications, which sat outside the old Direction 105 framework entirely.
The new order of priority
Direction 119 sorts both nominations and visa applications into five priority groups. Priority turns on two things: the occupation, and whether the nominee or primary applicant was in Australia or offshore when the relevant application was lodged.
- Onshore law enforcement and defence — applicant in Australia and the occupation relates to Australia’s law enforcement or defence interests.
- Offshore law enforcement and defence — same occupation category, applicant offshore.
- Onshore healthcare, teaching and construction — applicant in Australia and the occupation is a healthcare, teaching or construction occupation as defined in the Direction.
- All other onshore applications — any other nomination or primary visa application lodged while the applicant was in Australia.
- All other offshore applications — everything else, lodged from outside Australia. This is the back of the queue.
Applications validly combined with a primary applicant’s application take the same priority as the primary applicant. Where a section 85 cap applies, applications are prioritised in the same order.
How this differs from Direction 105 — and why it’s a real shift
This is not a cosmetic update. Under Direction 105, the highest priority went to nominations and employer-sponsored visas for occupations in designated regional areas, then healthcare and teaching occupations, then applications from accredited sponsors — and applicant location played no role. Direction 119 tears that structure down and rebuilds it:
- Law enforcement and defence occupations are now the top priority — a category that did not feature at the top before.
- Construction joins healthcare and teaching as a favoured occupation group.
- The regional area and accredited sponsor tiers are gone.
- Applicant location now matters — onshore applicants are consistently ranked ahead of offshore applicants in the same occupation tier.
- The Skills in Demand (482) program is now inside the framework.
For employers, the practical takeaway is stark. A regional sponsor or an accredited sponsor who previously enjoyed elevated priority no longer does on that basis alone. Whether your nominated occupation falls within law enforcement/defence, or healthcare/teaching/construction, and whether your candidate is already onshore, now largely determines how quickly the file moves.
What Direction 119 does not touch
Direction 119 does not apply to applications remitted by the AAT or ART for reconsideration, applications where a tribunal has set aside and substituted a decision, cases where it is readily apparent the criteria would not be met, certain family-unit applications not combined with the primary applicant, nomination applications relating to a change of employer, or the ART itself.
Ministerial Direction 117: family visa applications
Ministerial Direction 117 revokes and replaces Ministerial Direction 102 and governs the order in which family visa applications are considered and disposed of. It commenced on 25 July 2026 and, like the others, applies to applications already on hand — including matters remitted from the ART or its predecessor.
The two-level structure
At the first level, applications where the primary applicant is in Australia at the time of application and the visa can be granted onshore are placed ahead of applications where the applicant is offshore at application or must be offshore at grant. Within each of those groups, applications are then ranked in this order:
- Ministerial substitutions of ART decisions under sections 351 and 417 of the Act.
- Partner and child cases — spouse, de facto partner, prospective spouse or dependent child of a sponsor.
- Orphan relative cases.
- Contributory Parent and Contributory Aged Parent visas (subclasses 143, 864, 173, 884).
- Carer cases.
- Parent and Aged Parent visas, and remaining relative and aged dependent relative cases.
Secondary applicants take the same priority as the primary applicant. A delegate may depart from the order where the applicant shows special circumstances of a compassionate nature and compelling reasons to do so.
The interaction with Direction 103 — a trap for the unwary
Direction 117 sets the overall priority order. A separate instrument, Ministerial Direction 103, governs applications affected by annual caps under section 85 of the Act. The two work together, but where they conflict, Direction 103 prevails.
A section 85 cap is a limit on the maximum number of visas of a class that may be granted in a financial year. It does not stop an application being considered, but it prevents grants beyond the capped number until the next period. Caps are commonly applied to parent visa categories — precisely where the interaction between Directions 117 and 103 bites hardest. Parent visa applicants who read Direction 117 in isolation may badly misjudge their real prospects and timelines.
How Direction 117 differs from Direction 102
The six-tier family order and the compassionate exception carry over largely unchanged. The one substantive change is the new two-level split placed over the top: onshore applicants with an onshore grant available are now ranked ahead of offshore applicants, before the existing order is applied within each group. The direction of travel — favouring those already in Australia — mirrors the skilled changes in Direction 119.
Ministerial Direction 120: National Innovation, Global Talent and Distinguished Talent visas
Ministerial Direction 120 governs the Class BX (subclass 858) visa — which encompasses the National Innovation visa (the current form), and the earlier Global Talent and Distinguished Talent visas. It revokes and replaces Direction 112 and commenced on 25 July 2026. The priority order applies to National Innovation visa applications made on or after 25 July 2026 and to those on hand before that date; for Global Talent and Distinguished Talent applications, it applies to those made but not finally determined before 25 July 2026.
The order of priority
- Exceptional applicants who are global experts and recipients of top-of-field international-level awards.
- Applicants nominated by an expert Australian Government agency or a State or Territory Government agency on the approved Form 1000.
- Applicants with exceptional and outstanding achievements in the tier 1 priority sectors.
- Applicants with exceptional and outstanding achievements in the tier 2 priority sectors.
- All other applications.
Tier 1 sectors: critical technologies, renewables and low-emission technologies, and health industries. Tier 2 sectors: agri-food and ag-tech, defence capabilities and space, education, financial services and fintech, infrastructure and transport, and resources. Top-of-field awards for the first tier may include (but are not limited to) those in the Direction’s Schedule A — ranging from Nobel Prizes and the Fields Medal to Olympic Gold Medals.
Assessing “exceptional and outstanding achievement”
Direction 120 also guides decision-makers on the exceptional and outstanding achievement criterion in clause 858.212(2)(a) of the Regulations — and this guidance applies to both departmental delegates and members of the ART. The listed factors are not a checklist; the decision-maker weighs the applicant against all specified factors and any other relevant information, on balance.
Indicators may include national research grants, a PhD with high academic influence or thought leadership, recent keynote appearances at high-profile international conferences, recognised intellectual property such as international patents, and earnings at or above the high-income threshold. For Form 1000 nominees, decision-makers may consider a broader range — top-of-field sports and arts awards, innovative and promising entrepreneurial activity leading to commercialisation in Australia, and exceptional service to the Australian community.
How Direction 120 differs from Direction 112
The priority order and achievement guidance are substantially unchanged. The main change is scope: Direction 120 applies expressly to the whole Class BX visa, extending the order to on-hand Global Talent and Distinguished Talent applications as well as National Innovation visa applications.
The common thread: onshore ahead of offshore
Read together, the three Directions point in one direction. Across family, skilled and — through location-linked occupation tiers — talent processing, applicants already in Australia are consistently favoured over those applying from overseas. That reflects a broader policy emphasis on applicants onshore and on managing net overseas migration. If you are weighing when and from where to lodge, that emphasis is now baked into the queue itself.
What this means for you
The headline is easy to state and easy to underestimate: your queue position may have changed even though nothing about your application changed. Because all three Directions apply to matters already on hand, an application that was near the front under the old rules may now sit further back — or, if your occupation or circumstances align with the new priorities, considerably further forward.
The detail is where it gets difficult. Whether your occupation is a “law enforcement or defence” occupation, or a defined “healthcare, teaching or construction” occupation, is a matter of how the Direction defines those categories — not how they sound in ordinary language. Whether a section 85 cap and Direction 103 override the priority you assumed applied to a parent visa is not obvious from Direction 117 alone. And whether lodging onshore versus offshore is the right call now carries consequences it did not carry a month ago. These are not questions to answer from a website summary — including this one.
Every application turns on its own facts. The rules changed on 25 July 2026, they applied immediately to files already in the system, and the interactions between instruments are where costly missteps happen.
Augustine & Co. Immigration Lawyers advises individuals, families and employers on exactly these questions — where your application sits under the new priority framework, whether your occupation attracts elevated processing, and how the caps and companion Directions affect your realistic timeline. If you have an application on hand or are planning to lodge, book a consultation so we can assess your position under Directions 117, 119 and 120 and map the fastest lawful path forward.
Lighting the Way to Your Australian Dream.
Frequently asked questions
When did Ministerial Directions 117, 119 and 120 take effect?
All three were signed on 24 July 2026 and commenced on 25 July 2026. They apply to applications already on hand as well as to new applications lodged on or after that date.
Do the new Directions change who is eligible for a visa?
No. Ministerial Directions made under section 499 of the Migration Act 1958 change only the order in which applications are considered and decided. Visa criteria, occupation lists and eligibility thresholds are unaffected.
What is the biggest change under Ministerial Direction 119?
Direction 119 replaces the old regional-area and accredited-sponsor priorities with a framework led by law enforcement and defence occupations, adds construction alongside healthcare and teaching, ranks onshore applicants ahead of offshore applicants, and brings the Skills in Demand (subclass 482) program into the priority order for the first time.
I lodged my application before 25 July 2026. Am I affected?
Almost certainly. All three Directions apply to applications made but not finally determined before 25 July 2026, so on-hand applications are re-ordered under the new priorities rather than the rules that applied when they were lodged.
Why does Direction 103 matter for parent visas?
Direction 103 governs applications affected by annual caps under section 85 of the Act, and it prevails over Direction 117 where they conflict. Because caps commonly apply to parent visa categories, parent visa applicants can misjudge their timelines if they read Direction 117 in isolation.
How do I find out where my application now sits in the queue?
Because the priority tiers depend on precise definitions of occupation, applicant location, cap interactions and visa subclass, the reliable answer comes from a case-specific assessment. Augustine & Co. Immigration Lawyers can review your application against Directions 117, 119 and 120 and advise on your realistic position and options.
This article is general information current as at 4 August 2026 and is not legal advice. Immigration law changes frequently and each application turns on its own facts. For advice on your circumstances, contact Augustine & Co. Immigration Lawyers.
Author
Calvin Augustine is the founding solicitor of Augustine & Co. Immigration Lawyers. He graduated with Honors from the University of London law school, before being admitted to practice in Malaysia and Australia (admitted in SA, appears in all Victorian Courts and Tribunals, at trial and appellate levels).
