The introduction of Ministerial Direction No 119 (MD119) has reshaped the processing order for skilled nomination and visa applications. This aligns with the Australian government’s intention to prioritise occupations that they consider better support key domestic workforce and economic objectives.
While eligibility requirements remain unchanged, applications are now prioritised based on occupation type and applicant location, with the Subclass 482 (Skills in Demand) visa included in the framework for the first time ever. As a result, some applications may benefit from faster processing, while others outside the identified priority sectors may experience longer processing times.
MD119 effectively means that visa strategy and workforce planning are becoming more important than ever.
What’s changed?
Under Ministerial Direction No 119, the Department of Home Affairs determines processing priority based on whether
- The applicant is onshore or offshore at the time of lodgement; and
- The nominated occupation falls within a priority sector (including law enforcement, defence, healthcare, teaching, or construction)
Law enforcement and defence occupations receive the highest priority, followed by healthcare, teaching, and construction.
For all other occupations, onshore applications are generally prioritised ahead of offshore applications. Consequently, employers outside these priority sectors may experience longer processing times.
What this means in practice
Countless employers have asked whether urgent workforce needs, business justifications, or additional submissions can be used to obtain priority processing. Based on recent engagement with Department of Home Affairs, MD119 is being applied strictly and there is little to no mechanism to alter the order of processing outside the framework established by the Direction.
The Department of Home Affairs has also noted that published processing times may not immediately reflect the impact of MD119, as they are based on applications finalised in the previous month. Businesses should therefore focus on workforce planning and immigration strategies that align with the new processing priorities rather than seeking exemptions to the Direction.
Strategic options for employers
Although Ministerial Direction No 119 limits the Department's ability to prioritise applications outside the prescribed framework, employers still have several options available to support timely workforce outcomes.
Consider onshore pathways
MD119 prioritises onshore visa applications over offshore visa applications. Meaning employers could consider alternative temporary visa pathways that would enable a prospective skilled employee to enter Australia first and then subsequently consider lodging an onshore employer-sponsored visa application.
Subject to individual’s circumstances and eligibility, these pathways may include (but are not limited to):
- Working Holiday Visas – subclasses 417/462
- Temporary Work (Short Stay Specialist) - subclass 400 visas
- Visitor Visas (noting, however, that Visitor Visas generally do not permit work and may be subject to conditions restricting further visa applications in Australia)
Assuming the company then chooses to proceed with the lodgement of an employer sponsored application once the applicant is in Australia, the visa applicant should be granted with a Bridging Visa A (BVA) that allows them to lawfully remain in the country while their application is being processed.
Depending on the visa subclass being applied for and the individual’s circumstances, they may be permitted to continue to work in Australia during this period on the bridging visa.
It's important to note that the visa subclasses above generally require the applicant to show that they only intend to stay temporarily for a specific project, activity, or holiday. This should be their genuine intent at the time of application and entry. Though should they subsequently decide to lodge an onshore, longer-stay application – they are generally not precluded from doing so.
Utilise the subclass 400 visa for urgent workforce needs
For employers with urgent operational or project-based needs, the subclass 400 visa may provide an effective interim solution while longer-term visa pathways, such as subclass 482 visa, are being pursued.
Where a subclass 482 application has been lodged and the employee remains offshore, employers may consider the Australia's Interest Stream if there are compelling circumstances requiring the applicant’s temporary stay.
Such an application requires that employers demonstrate Australia would miss out on a significant benefit if the individual were unable to enter the country. This may may arise where the employee possesses specialist skills, knowledge, or experience that are critical to a project, business operation, or broader economic outcome; and where their contribution would support Australia's business, economic, cultural or other development.
While the subclass 400 visa is not a substitute for an ongoing employment visa, it can provide a practical short-term solution for employers seeking to address urgent workforce needs.
RELATED: Changing A Sponsored Worker’s Role, Salary, Or Conditions (What Employers Need To Know)
Become an accredited sponsor
Businesses that anticipate sponsoring more than one overseas skilled worker throughout a financial year should consider applying for “accredited sponsorship” status (where eligible).
To qualify, businesses will generally need to demonstrate they are a standard business sponsor, maintain a high proportion of Australian workers (typically between 75% and 85% of total workforce), a strong nomination approval rate, annual turnover of at least AU$4 million, and no adverse monitoring outcomes.
Employers must also demonstrate compliant employment practices including market-rate salaries and NES compliant employment contracts.
Accredited sponsors benefit from streamlined processing and faster assessment of certain low-risk applications, providing greater efficiency and certainty for business that regularly sponsor overseas workers.
Identify and demonstrate alignment with priority sectors
MD119 places particular emphasis on healthcare, teaching, and construction occupations. For some businesses, there may also be opportunities to demonstrate how a role supports a priority sector – even where the business does not operate directly within that industry.
For example: a recruitment consultant sourcing healthcare worker such as nurses, doctors, or allied health professionals may directly support the healthcare sector (despite not working in a healthcare occupation). Similarly, IT professionals such as software engineers developing healthcare technology systems or ICT project managers implementing hospital patient management systems may contribute to a priority sector even though their occupations are not themselves identified as priority occupations.
While this won't override the Direction, and the assessment is ultimately at the Department’s sole discretion, carefully prepared submissions can provide valuable context regarding the role’s contribution to priority sectors and the employer’s workforce needs.
How Xemplo Legal is helping employers respond
Ministerial Direction No 119 has reinforced the importance of strategic workforce planning and proactive immigration advice. At Xemplo Legal, we partner with employers to deliver strategic workforce and immigration solutions that align with the Australian government’s evolving migration priorities and long term business objectives.
Since the introduction of MD119, we have assisted clients in navigating this new processing framework by:
- Exploring alternative visa pathways
- Obtaining accredited sponsorship status
- Planning for longer processing timeframes, and
- Preparing targeted submissions (where appropriate)
While there is no unilateral mechanism to bypass the Direction, there are opportunities to structure an immigration strategy in a way that better aligns with the government’s priorities and support employers workforce needs. Whether that involves identifying alternative visa pathways, leveraging accredited sponsorship, demonstrating alignment with priority sectors, or developing long-term workforce planning solutions – we focus on finding practical and commercially effective outcomes for our clients.
Xemplo Legal does so much more than prepare visa applications. We take a strategic approach to immigration, helping employers adapt to policy changes, minimise disruption, and secure the talent they need to expand their business. If you require advice on employer-sponsored visas or workforce planning strategies, our experienced immigration lawyers are on hand to guide you through Australia’s evolving migration framework.
This article provides general information only and does not constitute legal advice. It does not take into account your specific circumstances and should not be relied on as a substitute for advice tailored to your situation. For advice about your particular circumstances, please contact Xemplo Legal.
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