Order of consideration of skilled visas - New direction 100

posted Nov 02, 2022

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New Direction 100 - Order of consideration - Certain Skilled Visas

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.

 

Part 2, Paragraph 7(1) 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.

 

Part 2, Paragraph 8(1) 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 (P​ermanent 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.

 

Full information including definitions is contained in Direction 100 which is reproduced here from Legendcom for members convenience.