The Minister for Home Affairs the Hon Clare O'Neil has introduced a new Ministerial Direction No. 100 which is currently in force and outlines the Order of Consideration for certain Skilled visas by the relevant authorities in Australia including the Department of Home Affairs.

The previous Ministerial Directions No. 96 and 97 which related to order of consideration in assessing Skilled visas have been revoked.

Previous Ministerial Directions No.96 and 97 referred to the Priority Migration Skilled Occupation List (PMSOL) which no longer has a reference in the new Ministerial Direction No.100.

Important to note that the new Ministerial Direction No.100 applies to nomination applications and visa applications made both before, on or after the commencement of the Direction and which have not been finally determined.

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 a 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.

For provisional and permanent skilled visa applications, priority shall be given to visa applications where the primary applicant is located outside Australia at the time the visa application is made.

Priority shall also be given to visa applications by the holders of eligible passports. Eligible passport holders mean a Hong Kong Special Administrative Region of the People's Republic of China passport or a British National (Overseas) 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 a 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 introduction of the Ministerial Direction No.100, we recommend it is important to maintain lodgement of nomination and visa applications decision ready.

Decision ready visa applications are where for example Character and Health requirements along with other documentation required for the specific visa application are completed if not before lodgement, then soon after lodgement of the application.

Processing times for nomination and visa applications may increase for certain occupations that are not covered under the new Ministerial Direction No.100.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.