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Ministerial Direction 100 and streamlined visa processing

By 18 November, 2022June 14th, 2023No Comments5 min read

Direction 100

To assist in further streamlining visa processing, Ministerial Direction 100 came into effect on 28 October 2022 which sets out the order of priority applied by the Department of Home Affairs (Department) (and the Administrative Appeals Tribunal) in processing of skilled nomination and visa applications (and related review applications). Broadly speaking, priority is given to those in the healthcare or teaching sector, sponsors with Accredited Status, those being nominated in regional areas, and certain passport holders.

This direction removes the Priority Migration Skilled Occupation List (PMSOL) implemented in September 2020.

Processing priority for employer sponsored nomination applications

The following order of priority will apply to employer-sponsored nomination applications:

  1. nomination applications in relation to a healthcare or teaching occupation
  2. nomination applications lodged by an Approved sponsor with Accredited Status
  3. nomination applications in relation to an occupation to be carried out in a designated regional area and
  4. all other nomination applications.

Within the above categories:

  1. priority is given to nomination applications in relation to provisional or permanent visas where applicants are located outside of Australia at the time of application
  2. priority is given to applicants who are the holders of eligible passports.

Processing priority for certain skilled visa applications

The following order of priority will apply to certain skilled visa applications:

  1. visa applications in relation to a healthcare or teaching occupation
  2. employer sponsored visa applications lodged by an Approved sponsor with Accredited Status
  3. visa applications in relation to an occupation to be carried out in a designated regional area
  4. permanent and provisional visa applications that count towards the migraton program (excluding the Subclass 188 visa) and
  5. all other visas.

Within the above categories:

  1. priority is given to nomination applications in relation to provisional or permanent visas where applicants are located outside of Australia at the time of application and
  2. priority is given to applicants who are the holders of eligible passports.

What are the relevant definitions?

What are the certain skilled visas

The certain skilled visas covered by this direction are:

  • 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 (P​ermanent 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

What are the health care or teaching occupations?

Health care or teaching occupation consist of certain occupations in ANZSCO, namely:

  1. ANZSCO Sub-major Group 25 – Health Professionals
  2. ANZSCO Minor Group 241 – School Teachers
  3. ANZSCO Minor Group 411 – Health and Welfare Support Workers
  4. ANZSCO Unit Group 1341 – Child Care Centre Managers
  5. ANZSCO Unit Group 2346 – Medical Scientists
  6. ANZSCO Unit Group 2721 – Counsellors
  7. ANZSCO Unit Group 2723 – Psychologists
  8. ANZSCO Unit Group 2725 – Social Workers
  9. ANZSCO Unit Group 3112 – Medical Technicians
  10. ANZSCO occupations:
    1. 134311 – School Principal
    2. 421111 – Child Care Worker
    3. 423111 – Aged or Disabled Carer
    4. 423312 – Nursing Support Worker
    5. 423313 – Personal Care Assistant

What is an approved sponsor with Accredited Status?

Accredited Sponsorship status is granted to those employers who meet specific criteria set out by the Department. You can read more about the requirements in our earlier post here.

What are the designated regional areas?

A list of the designated regional areas is listed here.

What are the eligible passports?

 The eligible passport is the holder of:
  1. a Hong Kong Special Administrative Region of the People’s Republic of China passport or
  2. a British National (Overseas) passport

Any questions?

The Direction will apply to all skilled applications that have been lodged but not finally determined by the Department of Home Affairs, as well as future applications. If you want to discuss how to gear your migration aims to take advantage of priority processing (for example, obtaining Accredited Sponsorship for sponsoring employers) feel free to contact us by email at [email protected] or phone +61 3 9016 0484 to obtain further guidance.

This document does not constitute legal advice or create an attorney-client relationship. Please consult an immigration professional for up to date information.

Mihan Hannan

Author Mihan Hannan

Formerly a Senior Associate in one of Australia’s most reputable immigration litigation and review practices, Mihan is solutions focused and well versed in all aspects of Australian immigration law. Mihan also has a subscription addiction, being obsessed with tools to improve the firms immigration work flow.

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