Home Affairs Minister Clare O’Neil has introduced a new order of consideration for certain skilled visas via a new Ministerial Direction.
What is a Ministerial Direction?
Under the Migration Act, the Minister for Immigration has the power to give directions concerning specific matters. These Directions are binding on all decision-makers, must be consistent with the Migration Act and Regulations and must be tabled before Parliament. The Directions give specific instructions about exactly how the law should be applied.
New Order of Consideration
On 27 October 2022, the Minister for Home Affairs and Cyber Security gave Direction No. 100 Order of Consideration – Certain Skilled visas
The New Direction simplifies the order of priority, increasing efficiencies and reducing processing times across skilled visa nomination and visa application caseloads.
Visa Applications – Order of Priority
This new Direction applies to and specifies the order of consideration for the following visa subclasses:
- Subclass 124 (Distinguished Talent) visa;
- Subclass 186 (Employer Nomination Scheme) visa;
- Subclass 187 (Regional Sponsored Migration Scheme) visa;
- Subclass 188 (Business Innovation and Investment (Provisional)) visa;
- Subclass 189 (Skilled – Independent) (Points-tested stream) visa;
- Subclass 190 (Skilled – Nominated) visa;
- Subclass 191 (Permanent Residence (Skilled Regional)) visa;
- Subclass 457 (Temporary Work (Skilled)) visa;
- Subclass 482 (Temporary Skill Shortage) visa;
- Subclass 489 (Skilled – Regional (Provisional)) visa;
- Subclass 491 (Skilled Work Regional (Provisional)) visa;
- Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa;
- Subclass 858 (Global Talent) visa;
- Subclass 887 (Skilled — Regional) visa;
- Subclass 888 (Business Innovation and Investment (Permanent) visa.
Per the new Ministerial Direction, the order for considering visa applications for the above subclasses is as follows, with 1 being the highest priority and 5 being the lowest priority:
- Visa applications concerning a healthcare or teaching occupation*.
- For employer-sponsored visas, visa applications where the applicant is nominated by an approved sponsor with Accredited Status.
- Visa applications concerning occupation to be carried out in a designated regional area.
- For permanent and provisional visa subclasses, visa applications that count towards the migration program, excluding the Subclass 188 (Business Innovation and Investment (Provisional)) visa.
- All other visa applications.
Nomination Applications – Order of Priority
The New Direction also prescribes the order for considering nomination applications for employer-sponsored visas, including visa subclasses:
- Subclass 186 (Employer Nomination Scheme) visa;
- Subclass 187 (Regional Sponsored Migration Scheme) visa;
- Subclass 457 (Temporary Work (Skilled)) visa;
- Subclass 482 (Temporary Skill Shortage) visa;
- Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa;
Per the new Ministerial Direction, the order for considering nomination applications for the above subclasses is as follows, with 1 being the highest priority and 4 being the lowest priority:
- Nomination applications concerning a healthcare or teaching occupation*.
- Nomination applications lodged by an Approved sponsor with Accredited Status.
- Nomination applications concerning an occupation to be carried out in a designated regional area.
- All other nomination applications.
In addition, and within the above priority processing order for all skilled visa applications and employer-sponsored-visas, priority should be given to the following:
- Offshore applications and
- Applications concerning holders of a Hong Kong Special Administrative Region of the People’s Republic of China passport or a British National (Overseas) passport.
Healthcare & Teaching Occupations*
- 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 134311: School Principal
- ANZSCO 421111: Child Care Worker
- ANZSCO 423111: Aged or Disabled Carer
- ANZSCO 423312: Nursing Support Worker
- ANZSCO 423313: Personal Care Assistant
Ministerial Direction No. 100 revokes Directions No. 96 and 97, which from April 2022 specified the order of consideration for certain skilled and employer-sponsored visas. Relevantly, these Directions included references to the Priority Migration Skilled Occupation List (PMSOL), a list of priority occupations, as amended from time to time, identified by the Department of Home Affairs and the National Skills Commission, and published on the Department of Home Affairs website. As of 3 November 2022, the PMSOL has been removed from the Department of Home Affairs website and is no longer accessible.
How this affects me?
The processing time for your matter may be adversely impacted if the circumstances of your case do not fall under the new Ministerial Direction.
When applying for any Australian visa, it is crucial to plan each step of the process. It is a long process to apply for a skilled or employer-sponsored visa, and many steps must be taken in the correct sequence. Whether you lodge a “Decision Ready” application may significantly impact the processing time of your visa. It is crucial to remember that requirements can and do change, so it is essential to keep checking as you go to ensure that you have not been affected by any changes.
We can help you lodge a “Decision Ready” application; contact us today to discuss your case.
Noemi Gonzalez
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