What Is Ministerial Direction No. 105?

Ministerial Direction No. 105 (MD105) is the legislative instrument that governs how the Department of Home Affairs prioritises visa application processing across certain visa subclasses. It sets a ranked order that case officers must follow when allocating processing resources. Understanding this order is essential for employer sponsored and skilled regional visa applicants who want to assess their likely wait time.

One critical point to clarify upfront: MD105 does not apply to the Skills in Demand visa (subclass 482). If you hold or are applying for a 482 visa, your application is governed by a separate processing framework.

The Five-Tier Processing Priority Order

For the visa subclasses covered by MD105, the Department processes applications in the following ranked order, from highest to lowest priority:

Priority TierDescriptionTier 1Employer sponsored visa applications for positions located in a designated regional areaTier 2Visa applications for healthcare or teaching occupationsTier 3Employer sponsored visa applications where an approved sponsor with accredited status nominates the applicantTier 4Permanent and provisional visa applications that count towards the migration programTier 5All other visa applications

Tier 1: Regional Employer Sponsored Applications

The highest processing priority is given to employer sponsored applications where the nominated position is located in a designated regional area. This reflects the government's ongoing policy objective of distributing skilled migrants away from major metropolitan centres. For subclass 494 (Skilled Employer Sponsored Regional) applicants, this priority is structurally built into the visa design itself, making 494 applicants strong candidates for Tier 1 treatment.

Tier 2: Healthcare and Teaching Occupations

Applications for healthcare or teaching occupations attract the second-highest priority regardless of employer location. This applies across the relevant employer sponsored and skilled visa subclasses. Nurses, doctors, allied health professionals, and teachers should note that their occupation category alone may place them ahead of other applicants in the processing queue.

Tier 3: Accredited Sponsors

Where an approved sponsor with accredited status lodges a nomination for a visa applicant, that application receives elevated priority at Tier 3. Accredited sponsors are typically large, well-established businesses that have met the Department's higher compliance standards. If your employer holds accredited sponsor status, this can meaningfully reduce your processing time relative to standard sponsor nominations.

Tier 4: Migration Program Visa Applications

Permanent and provisional visa applications that count towards the annual migration program are processed at Tier 4. This tier captures the majority of subclass 186 (Employer Nomination Scheme) applications and other permanent employer sponsored pathways. While this is not the highest tier, most 186 applications will fall here unless they also qualify under Tiers 1, 2, or 3.

Tier 5: All Other Applications

Applications that do not meet any of the higher-tier criteria are processed last. Tier 5 is the residual category. Applicants in this tier face the longest expected wait times, as all higher-priority applications must be attended to first.

How Multiple Tiers Can Apply

It is important to note that the tiers are not mutually exclusive in every case. For example, a subclass 494 application (Tier 1 by virtue of regional location) where the applicant is also a registered nurse (Tier 2) benefits from both factors. In practice, the Department applies the highest applicable tier to that application.

What This Means for 186 Applicants

Most subclass 186 applicants will be processed under Tier 4 as permanent migration program applications. However, 186 applicants in healthcare or teaching, or those nominated by an accredited sponsor, should assess whether they qualify for a higher tier. Identifying your correct tier at the time of lodgement is important for setting accurate processing time expectations.

What This Means for 494 Applicants

Subclass 494 is by definition a regional visa, meaning applicants typically qualify for Tier 1 processing priority from the outset. If the nominated position is also in healthcare or teaching, Tier 2 criteria may apply concurrently. The 494 pathway therefore offers a structural processing advantage compared to many other employer sponsored categories.

Key Takeaways

• MD105 does not apply to the subclass 482 Skills in Demand visa.
• There are five processing priority tiers under MD105, with regional employer sponsored applications ranked highest.
• Healthcare and teaching applicants receive Tier 2 priority regardless of employer location.
• Accredited sponsor nominations attract Tier 3 priority.
• Most subclass 186 applications fall under Tier 4 unless higher-tier criteria apply.
• Subclass 494 applicants generally benefit from Tier 1 priority as a regional visa by design.
• Identifying your correct tier at lodgement helps set realistic processing time expectations.

The content of this article is intended for general informational purposes only and does not constitute legal advice. Immigration law is complex and subject to change. The information provided may not reflect the most current legal developments. For advice specific to your circumstances, please consult a registered Australian migration lawyer. For full terms governing use of this website and its content, please refer to our Website Terms and Conditions.

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