Skilled Visa Processing Priorities and what we can learn from the policies behind them

Many visa applicants may often hear of and wonder why someone else has gotten the same type of visa so much faster them. As a matter of law, the Australian Government processes skilled visa applications (including employer-sponsored visa applications) in accordance with the order of priority outlined in Ministerial Direction No. 105.

@inclusivemigration Replying to @orgil.mandakhSkilled and employer-sponsored visas are processed according to the Australia Goverment's policy priorities. Certain applications will be processed ahead of others (and therefore more quickly), but processing times may ultimately vary from case to case. This is general information only and does not constitute legal advice. #migrationlawyer #immigrationlawyer #482visa #skillsindemandvisa #tssvisa #186visa #employernominationscheme #494visa ♬ original sound - Inclusive Migration Lawyer

What is the policy rationale behind Ministerial Direction No. 105?

Ministerial Direction No. 105 was introduced to establish priorities for processing skilled visa applications in Australia, and aims to better align Australia’s skilled migration program with Australia’s economic needs, by addressing skills shortages and ensuring that the visa program contributes to the national workforce in a way that addresses labour market needs and maximises economic growth.

By prioritising certain visa categories or occupations, Ministerial Direction No. 105 helps to address critical skill shortages in key sectors. For example, in circumstances where the Australian economy might have an urgent need for healthcare workers and teachers, prioritising visa applications for individuals in healthcare and teaching occupations helps fill gaps in these priority sectors. Additionally, Ministerial Direction No. 105 supports the Australian Government’s regional development objectives, prioritising applications for skilled workers who are willing to settle in designated regional area where there is often a higher demand for skilled labour.

What visa subclasses does Ministerial Direction No. 105 apply to?

• Distinguished Talent (Subclass 124) visa

• Employer Nomination Scheme (Subclass 186) visa

• Regional Sponsored Migration Scheme (Subclass 187) visa

• Business Innovation and Investment (Provisional) (Subclass 188) visa

• Skilled - Independent (Subclass 189) visa

• Skilled - Nominated (Subclass 190) visa

• Permanent Residence (Skilled Regional) (Subclass 191) visa

• Temporary Skill Shortage (Subclass 482) visa

• Skilled - Regional (Provisional) (Subclass 489) visa

• Skilled Work Regional (Provisional) (Subclass 491) visa

• Employer Sponsored Regional (Provisional) (Subclass 494) visa

• Global Talent (Subclass 858) visa

• Skilled - Regional (Subclass 887) visa

• Business Innovation and Investment (Permanent) (Subclass 888) visa

What is the order of priority outlined in Ministerial Direction No. 105?

Skilled visa applications are processed in the following order of priority:​

1. For employer sponsored visas*, visa applications in relation to an occupation to be carried out in a designated regional area.

2. Visa applications in relation to a healthcare or teaching occupation, i.e.:

   • ANZSCO Sub-major Group 25 - Health Professionals

   • ANZSCO Minor Group 241 - School Teachers

   • ANZSCO Minor Group 411 - Health and Welfare Support Workers

   • ANZSCO Unit Group 1341 - Child Care Centre Managers

   • ANZSCO Unit Group 2346 - Medical Scientists

   • ANZSCO Unit Group 2721 - Counsellors

   • ANZSCO Unit Group 2723 - Psychologists

   • ANZSCO Unit Group 2725 - Social Workers

   • ANZSCO Unit Group 3112 - Medical Technicians

   • ANZSCO occupations:

   • 134311 - School Principal

   • 421111 - Child Care Worker

   • 423111 - Aged or Disabled Carer

   • 423312 - Nursing Support Worker

   • 423313 - Personal Care Assistant.​

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

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

5. All other visa applications which are are assessed in order of date of lodgement - the processing times for these applications with lower priority may exceed standard processing times.

*Employer sponsored visas refers to the following visa subclasses:

• Employer Nomination Scheme (Subclass 186) visa

• Regional Sponsored Migration Scheme (Subclass 187) visa

• Temporary Skill Shortage (Subclass 482) visa

• Skilled Employer Sponsored Regional (Provisional) (Subclass 494) visa

What does Ministerial Direction No. 105 mean for migrants in Australia?

When it comes to planning your pathway to permanent residency in Australia, Ministerial Direction No. 105 provides insight into the Australian Government’s evolving immigration priorities as well as occupations that are in demand. In particular, there are a number of key takeaways and lessons which can be gleamed from this direction:

1. Focus on In-Demand Occupations: Migrants should consider occupations prioritised in Ministerial Direction No. 105 when considering how they may enhance their skills and qualifications to meet Australia’s skills shortages, ensure their competitiveness in the Australian labour market, and work on a strategic, long-term pathway to permanent residency.

2. Consider Regional Areas: Skilled migrants willing to settle in regional areas may benefit from faster processing times or additional points when it comes to Australia’s General Skilled Migration Program, including for the Skilled Work Regional (Provisional) (Subclass 491) visa.

3. Maximize Points for Permanent Residency: Improve your point score by upgrading skills, boosting English proficiency, or gaining relevant work experience.

4. Stay Informed and Adapt to Industry & Policy Trends: Stay updated on emerging priority sectors like healthcare, teaching, and more recently, construction which could offer new opportunities and pathways to permanent residency.

5. Leverage Sponsorship Options: Explore opportunities for employer-sponsored visas, including in regional areas, which can offer faster or a more certain pathway to residency.

By aligning your skills with Australia's labour market needs, you can make more a more informed and strategic decision about the skills and qualifications you pursue, so as to enhance your long-term chances of obtaining permanent residency in Australia instead of just considering short-term and temporary opportunities you may have.

Nonetheless, it is also important to be aware that the Australian economy and migration program is dynamic, such that the types of skills and priority sectors may change over time.

Why is my visa application taking so long to be finalised?

It is important to note that processing times may vary from case to case, and may ultimately be shorter or longer than the standard processing times published by the Department of Home Affairs, depending on the individual circumstances of each case. For instance, complex cases may take longer to be processed by the Department, and failure to provide sufficient information or documentation in support of a visa application may also result in longer processing times.

If your visa application has fallen outside of the standard processing times for the visa subclass you have applied for, you may wish to seek professional advice about whether there are any particular issues and/or gaps in your application which should be addressed prior to the finalisation of your visa application.

Our immigration lawyers at Inclusive Migration have extensive experience in advising prospective migrants to Australia about their employer-sponsored, skilled migration and family migration options in Australia, and should you have any questions about your visa application or visa eligibility, please email info@inclusivemigration.com.au, submit an enquiry using the contact form on our website or send us a WhatsApp message at +61 490 704 775.