New Order Of Priority Consideration For Australia’s Skilled Visas

The Minister for Home Affairs, the Honourable Clare O’Neil, has announced a new Ministerial Direction No. 100, which is presently in effect and defines the Order of Consideration for particular Skilled visas by the relevant Australian agencies, including the Department of Home Affairs.

The earlier Ministerial Directions No. 96 and 97 regarding the sequence of consideration when evaluating Skilled visa applications have been cancelled.

Previous Ministerial Directions No.96 and 97 made reference to the Priority Migration Skilled Occupation List (PMSOL), however the current Ministerial Direction No.100 no longer makes this reference.

Important to note that the new Ministerial Direction No.100 applies to nomination applications and visa applications made prior to, on, or after the Direction’s start, but which have not yet been finalized.

Skilled Visa Applications Subject to Ministerial Direction No. 100

The following skilled visa applications are subject to the new Ministerial Direction No. 100:

• Subclass 124 (Distinguished Talent)
• Subclass 186 (Employer Nomination Scheme)
• Subclass 187 (Regional Sponsored Migration Scheme)
• Subclass 188 (Business Innovation and Investment) (Provisional)
• Subclass 189 (Skilled -Independent)
• Subclass 190 (Skilled -Nominated)
• Subclass 191 (Permanent Residence (Skilled Regional))
• Subclass 457 (Temporary Work (Skilled))
• Subclass 482 (Temporary Skill Shortage)
• Subclass 489 (Skilled -Regional (Provisional))
• Subclass 491 (Skilled Work Regional (Provisional))
• Subclass 494 (Employer Sponsored Regional (Provisional))
• Subclass 858 (Global Talent)
• Subclass 887 (Skilled – Regional)
• Subclass 888 (Business Innovation and Investment (Permanent)

Order of Priority Consideration for Employer Sponsored Nomination Applications- Ministerial Direction No.100

For Employer Sponsored Nomination Applications (Subclass 186, 187, 482 or a 494 Visas) the following priority consideration would be given as below.

(a) Nomination applications lodged in relation to healthcare or teaching occupations (please see below list of healthcare and teaching occupations).

(b) Nomination applications lodged by an Approved sponsor with Accredited Status.

(c) Nomination applications in relation to an occupation to be carried out in. a designated regional area.

(d) All other nomination applications.

Priority will be given to provisional and permanent skilled visa applications if the principal applicant is situated outside of Australia at the time the application is lodged.

Additionally, visa applications from holders of qualified passports will be given priority. A Hong Kong Special Administrative Region of the People’s Republic of China passport or a British National (Overseas) passport qualifies as an eligible passport.

Order for Priority Consideration of Skilled Visa Applications – Ministerial Direction No.100

For Skilled Visa Applications the following priority would be as below.

(a) Visa applications in relation to healthcare or teaching occupations.

(b) For employer sponsored visas, visa applications where the applicant is nominated by an Approved sponsor with Accredited Status.

(c) Visa applications in relation to an occupation to be carried out in a designated regional area.

(d) For permanent and provisional visa subclasses, visa applications that count towards the migration program, excluding the Subclass 188 (Business Innovation and Investment (Provisional) visa.

(e) All other visa applications.

As per the new Ministerial Direction paragraph (a) will be given the highest priority and paragraph (e) being the lowest priority.

Where does the Ministerial Direction No.100 not apply?

Ministerial Direction No.100 does not apply to:

(a) applications that have been remitted by the AAT for reconsideration.

(b) applications where the AAT has set aside a decision and substituted a new decision.

(c) applications where it is readily apparent that the criteria for grant of the visa would not be satisfied.

(d) applications by visa applicants claiming to be a member of the family unit of a person who holds a visa granted on the basis of satisfying the primary criteria in and who did not make a combined application with that person.

(e) nomination applications in relation to a change of employer.

List of Healthcare and Teaching ANZSCO occupations as per Ministerial Direction No.100

a. ANZSCO Sub-major Group 25 – Health Professionals

b. ANZSCO Minor Group 241 – School Teachers

c. ANZSCO Minor Group 411 – Health and Welfare Support Workers

d. ANZSCO Unit Group 1341 – Child Care Centre Managers

e. NZSCO Unit Group 2346 – Medical Scientists

f. ANZSCO Unit Group 2721 – Counsellors

g. ANZSCO Unit Group 2723 – Psychologists

h. ANZSCO Unit Group 2725 – Social Workers

i. ANZSCO Unit Group 3112 – Medical Technicians

j. ANZSCO occupations:

i. 134311 – School Principal

ii. 421111 – Child Care Worker

iii. 423111 – Aged or Disabled Carer.

iv. 423312 – Nursing Support Worker

v. 423313 – Personal Care Assistant

Our Recommendations

With the adoption of Ministerial Direction No. 100, we propose maintaining decision readiness for nomination and visa applications.

Decision-ready visa applications are those in which Character and Health criteria, as well as additional paperwork necessary for the individual visa application, are met either prior to or shortly after application submission.

Certain vocations that are not covered by the new Ministerial Direction No. 100 may experience longer processing periods for nomination and visa applications.

The purpose of this article is to offer a broad overview of the subject. Regarding your unique situation, you should seek out expert guidance.