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MIA Notice 44 - 1st November 2022



Legislative Updates

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:

(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:

(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) Subclass482 (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.


SC 403 Agricultural visa stream removed

Migration (Arrangements for Temporary Work (International Relations) (Class GD) visas) Amendment Instrument (LIN 22/088) 2022 (No. 2) - F2022L01406, removes the Agricultural Work Visa from the Subclass 403 streams of eligible visa in LIN 22/009.


This stream was removed from this visa class subsequent to the election of the current government. No changes have occurred to the other streams in this visa class. This Instrument commenced on 29 October 2022. * This Instrument is displayed as 'no longer in force as the provisions have complied with the full Migration Regulations.


491 NSW RDA applications open tomorrow


Most NSW RDAs have a notice on their website that says that they will open or are expected to open applications for the sc 491 program on 2 November 2022. You can find more information about the individual RDAs by clicking on the links below:

  • Central Coast

  • Central West

  • Far South Coast

  • Far West

  • Illawarra

  • Murray

  • Northern Inland

  • Northern Rivers

  • Orana

  • Riverina

  • Southern Inland

  • Sydney

VETASSESS priority processing

The following information has been received from VETASSESS for members' information: Our Priority Processing service is currently capped at 25 places a day. However, we are now accepting urgent requests for Priority Processing from applicants who can send us evidence of an invitation from the Department of Home Affairs or an Australian state or territory government. If your clients have an urgent request, please email us at migrate@vetassess.com.au, attaching the evidence.





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