Ministerial Direction 119 revoked: processing priorities for offshore health sector applications reinstated 

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Monday, 21 Sep 2026

Just two days after Home Affairs Minister Tony Burke's National Press Club address flagged a widening of skilled visa priority processing, the government has followed through with the implementation of Ministerial Direction 121 (MD121). Signed on 18 September 2026, MD121 formally revokes MD119 after less than two months in force. Critically, MD121 once again restores the processing order for offshore subclass 482 visa applicants in the health sector, who were effectively moved to the lowest priority tier under the previous MD119.  

A companion instrument, Ministerial Direction 122 (MD122) reflects largely similar changes for provisional and permanent skilled visa applicants (including subclasses 186, 494, 189, 190, 491 and 191) who were outside Australia at the time of lodgement.  

Together, MD121 and MD122 ensure that health sector businesses and visa candidates are not disadvantaged because of an applicant’s physical location at time of lodgement.  

While very welcome, this shift is not overly surprising. Those who have practiced in Australian immigration law for long enough are familiar with groundbreaking immigration announcements typically being followed by proper consideration and then a tweak or softening once the practical consequences land – in this case, the impact on offshore health sector migration and other target industries. 

What changed, and why it matters 

Under MD119, an applicant’s location and occupation entirely dictated the visa wait period. Candidates who were physically outside Australia at the time of application would be placed at the back of the ‘queue’, regardless of occupation. By practical implication, all offshore applicants, including overseas-trained doctors and other clinicians with an Australian employer waiting for them, were classified in the lowest processing tier. Being nominated in a "priority sector" like healthcare was only significant insofar as the applicant was already in Australia at the time of lodgement.  

Thankfully, the above structure lasted less than two months. As of 19 September 2026, priority applications are defined by occupation only and not location, so offshore healthcare professionals are assessed in the same top tier as their onshore counterparts. 

MD121 now governs subclass 482 visa applications under a revised five-tier processing structure: 

• Priority 1 – Key priority sectors: Construction, healthcare, teaching, agriculture, aquaculture, fishing, resources, and Australia's law enforcement and defence interests. Critically, this tier is defined by occupation and no longer by location  
• Priority 2 – Specialist Skills stream applications under the Skills in Demand (subclass 482) visa are now classified in a separate tier of their own 
• Priority 3 – Onshore applicants outside the priority sectors (ie occupations which fall outside Priority 1 sectors) 
• Priority 4 – Unaccompanied offshore applications where the applicant is single or does not include accompanying family members (not appliable to Priority 1 sector applications). This change adds a further nuance for offshore applicants: those who do not include family members in their application are placed ahead of those who do 
• Priority 5 – All other applications 

MD122 applies the same underlying philosophy to permanent and provisional skilled visas (subclasses 186, 494, 189, 190, 491 and related programs).  

What hasn't changed 

A few important constants carry over from MD119: 

• Processing priority is not visa eligibility. MD121 and MD122 govern the order in which applications are considered – they do not change sponsorship, nomination, skills, English language, or any other substantive visa requirements. Being in a priority sector does not guarantee approval, and it does not guarantee a specific processing timeframe either. 
• Accredited and regional sponsor status still carries no separate processing benefit. That advantage was removed under MD119 and has not been reinstated. 
• Applicants and employers should be cautious about withdrawing and relodging an existing application solely to try to capture a processing advantage under the new framework — doing so can have broader migration and financial consequences, and existing applications lodged before 19 September are generally carried across into the new priority structure rather than needing to be resubmitted. 

Practical implications for health sector employers 

Employers with existing offshore applications lodged during the MD119 window will have those applications reassessed under the new directions. We would encourage clients currently weighing whether to bring an offshore candidate onshore before lodging (a strategy we recommended under MD119) to seek updated advice before proceeding. For many health sector occupations, that workaround may no longer be necessary.  

Based on the published tier structure, offshore healthcare applications with family members appear to remain in the top tier. 

Other measures from the broader migration package 

The National Press Club address on 17 September also covered a range of measures outside the employer-sponsored space, most notably a new ballot system for second and third-year Working Holiday Visas. UK passport holders are not impacted by any changes due to the exemption afforded under the Australia–UK Free Trade Agreement. 

The focus was largely on curbing overall migration numbers through expanded “no further stay” conditions on visitor visas, and limiting opportunities for student visa applicants to bring accompanying family members to Australia or changing academic courses in Australia. Tougher sanctions are also proposed in respect of those who overstay their visa in Australia.  

None of these changes directly affect employer-sponsored clinical recruitment, but they form part of the same broader push to reduce net overseas migration. 

What we're advising clients

We are now reviewing all pending offshore health sector applications against the new MD121/MD122 tiers, and will be in touch with affected clients directly. In the meantime, if you have an offshore application in the pipeline, or would like more information about how we can assist you or your business, please call 1800 867 113, or to organise a confidential discussion at a time that suits you, please click here.