Did you know that the Department of Home Affairs has a direction which states the order of consideration for visa applications? Directions are used to consider and dispose of visa applications in the appropriate order of consideration; and to review decisions pertaining to those applications in the appropriate order of consideration.
A new Ministerial Direction No 100 has been released. This Direction revokes:
- Direction 96 Order of Consideration – Certain Skilled Migration visas, 4 April 2022, and
- Direction 97 – Order of Priority Allocation within the Subclass 482 (Temporary Skill Shortage) visa program and Subclass 457 (Temporary Work (Skilled)) visa program 4 April 2022.
It sets out the order of priority for considering nomination applications as:
(a) Nomination applications in relation to a healthcare or teaching occupation
(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 should be given within Paragraph 7 to provisional or permanent visas that nominate applicants who are located outside Australia at the time the nomination application is made and also those holding eligible passports which are Hong Kong Special Administrative Region of the People’s Republic of China passport or a British National (Overseas) passports for the purpose of this Direction.
It also sets out the order of priority for considering visa applications as:
(a) Visa applications in relation to a healthcare or teaching occupation
(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.
Priority should be given within Paragraph 8 for provisional and permanent skilled visa applications where the primary applicant is located outside Australia at the time the visa application is made and those who are holders of eligible passports.
Schedule A provides the skilled visas this Direction applies to:
(a) Subclass 124 (Distinguished Talent) visa
(b) Subclass 186 (Employer Nomination Scheme) visa
(c) Subclass 187 (Regional Sponsored Migration Scheme) visa
(d) Subclass 188 (Business Innovation and Investment (Provisional)) visa
(e) Subclass 189 (Skilled – Independent) (Points-tested stream) visa
(f) Subclass 190 (Skilled – Nominated) visa
(g) Subclass 191 (Permanent Residence (Skilled Regional)) visa
(h) Subclass 457 (Temporary Work (Skilled)) visa
(i) Subclass 482 (Temporary Skill Shortage) visa
(j) Subclass 489 (Skilled – Regional (Provisional)) visa
(k) Subclass 491 (Skilled Work Regional (Provisional)) visa
(l) Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa
(m) Subclass 858 (Global Talent) visa
(n) Subclass 887 (Skilled — Regional) visa
(o) Subclass 888 (Business Innovation and Investment (Permanent) visa.
Previous order was:
In Direction 92 and 93 holders of eligible passports, specified as Hong Kong Special Administrative Region of the People’s Republic of China or British National (Overseas) passports are given the highest priority within the variously prioritised applications.
Holders of these eligible passports onshore are given first priority and then eligible passport holders offshore the next highest priority.
Direction No. 92 – Order of Consideration — Certain Skilled Migration Visas
The order of consideration for nominations in this Direction include (in order of priority):
- those with PMSOL occupations, Global Talent Employer Sponsored Agreement, Subclass 188 visa SIV stream and Agriculture sector occupation;
- Critical Sector occupations not covered above;
- Employer Sponsored or Regional Sponsored visa by an employer who is a party to a labour agreement under a DAMA;
- Subclass 494 (Employer Sponsored Regional (Provisional)) visa, with Accredited Status approved sponsor given priority within this cohort or lodged by a party to a labour agreement if not already mentioned;
- Employer Sponsored with Accredited Status approved sponsors or nominations lodged by a party to a labour agreement to have precedence;
- Subclass 187 (Regional Sponsored Migration Scheme) lodged by Accredited Status approved sponsors to have precedence;
- All other nominations.
Note: Onshore applications will be given priority over offshore in (3) to (7):
The order of consideration for visa applications in this Direction include (in order of priority):
The priority list is as follows:
- Employer Sponsored or Regional Sponsored with PMSOL occupation; Agriculture Sector occupation; Global Talent Employer Sponsored Agreement; the Global Talent Program applicants; the Subclass 188 SIV stream; all other Subclass 188 applications
- Other Critical Sector occupations with approved nominations not already mentioned;
- Employer Sponsored or Regional Sponsored by an employer who is a party to a labour agreement under a DAMA.
- Subclass 494 with priority where nominated by an approved sponsor with Accredited Status or nominated by a party to a labour agreement
- Subclass 491
- Employer Sponsored with priority where nominated by an approved sponsor with Accredited Status, or nominated by a party to a labour agreement;
- Visa applications for an Employer Sponsored Visa (482 and 186)
- Subclass 187 with precedence to those nominated by an approved sponsor with Accredited Status are to have precedence
- Subclass 489
- Subclass 190
- Subclass 189
- All other visa applications.
Note: Onshore applications will be given priority over offshore in (3) to (7).
Direction 93 – Order of Priority Allocation within the Subclass 482 (Temporary Skill Shortage) visa program and Subclass 457 (Temporary Work (Skilled)) visa program
The order of consideration for nominations in this Direction include (in order of priority):
- PMSOL occupations; Global Talent Employer Sponsored Agreement; and Agriculture Sector occupations;
- Critical Sector occupations not covered above;
- Occupations to be carried out in regional Australia, with precedence for those lodged under a DAMA; lodged by approved sponsors with Accredited Status; lodged by a party to a labour agreement not mentioned above;
- Lodged by approved sponsors with Accredited Status not mentioned above;
- Lodged by a party to a labour agreement not mentioned above;
- All other Subclass 482 (Temporary Skill Shortage) and existing Subclass 457 (Temporary Work (Skilled)) visa holders.
Note: Onshore applications will be given priority over offshore.
The order of consideration for visa applications in this Direction include (in order of priority):
- PMSOL occupations; Global Talent Employer Sponsored Agreement; Global Talent Program; and Agricultural Sector occupations;
- Critical Sector occupations not covered above;
- Occupation to be carried out in regional Australia with precedence given to those Nominated under a DAMA; by approved sponsors with Accredited Status; Labour Agreement stream of the Subclass 482 (Temporary Skill Shortage) visa program.
- Accredited Status sponsored not mentioned above;
- Those under a Designated Area Migration Agreement not mentioned above;
- Those under Labour Agreement stream of the Subclass 482 (Temporary Skill Shortage) not mentioned above;
- All other Subclass 482 (Temporary Skill Shortage) visa program, including Subclass 457 (Temporary Work (Skilled)).
Note: Onshore applications will be given priority over offshore.
Ministerial Direction 111 – Order for considering and disposing of offshore Subclass 500 (Student) visa applications
Ministerial Direction 111 (MD 111) revoked Ministerial Direction 107 and commenced on 19 December 2024. MD 111 outlines the order for considering and disposing of offshore Subclass 500 (Student) visa applications.
This MD applies to offshore Student Sc 500 visa application made on or after 19 December 2024 and offshore Student Sc 500 visa applications made but not finally determined before 19 December 2024.
Higher priority – Priority 1
Higher priority processing will apply to Student visa applications associated with providers in the higher education and vocational education and training sectors, who have not yet reached their prioritisation threshold based on PRISMS information, which is 80% of their 2025 indicative allocation of new overseas student commencements.
Higher priority processing will also apply to the following categories of students:
– School students
– Non-award sector students, including short term exchange students
– Standalone ELICOS students
– Students enrolled with a TAFE Provider
– Students enrolled in Pilot Training Courses
– Students in postgraduate research courses
– Foreign Affairs Students
– Defence Students and students sponsored by the Commonwealth
– Students with foreign government, Australian Government and state and territory scholarships that meet the criteria published on the Department of Education website as at the date this Ministerial Direction was made
– Students from the Pacific and Timor-Leste
– Students enrolled in Transnational Education arrangements, according to criteria published at the date this instrument is made on the Department of Education website for higher education students and the Department of Employment and Workplace Relations for vocational education and training students
– Subsequent entrants where an applicant is a minor who is unmarried and has not turned 18 at the time of application and is a dependent child of a primary applicant/primary visa holder for a Student (Sc 500) visa or a dependent child of a spouse or de facto partner of a primary applicant/primary visa holder of a student (Sc 500) visa.
Standard priority – Priority 2
Standard processing/Priority 2 will apply to providers in the higher education and vocational education and training sectors who have reached their prioritisation threshold, subsequent entrants that are not minors as specified above, and any other offshore Student visa applications.
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