New Direction No 81 (Order of Consideration – Certain Skilled Migration Visas) replaces Direction No 74

Direction No 81 sets the order of processing of applications for visa subclasses 186, 187, 189, 190 and 489 and sets the order of processing of nomination applications for visa subclasses 186 and 187.

The new Direction commenced on 27 March 2019 but has just been added to LEGENDCom.

It includes the following provisions:

Order for considering nominations

  1. The following processing priorities (with highest priority listed first) should be given due regard to in relation to nominations for visas that are specified in Schedule A and Schedule B.

a)nominations lodged on or after 18 March 2018;
b) nominations lodged before 18 March 2018.

  1. Within these priorities, the following processing priorities should be given due regard:

a) nominations lodged in relation to a Subclass 186 (Employer Nomination Scheme) visa by an employer who is a party to a labour agreement under a Designated Area Migration Agreement or a Global Talent Scheme agreement;

b) nominations lodged in relation to a Subclass 187 (Regional Sponsored Migration Scheme) visa. Within this priority, nominations lodged by approved sponsors with Accredited Status should be given precedence;

c) nominations lodged in relation to a Subclass 186 (Employer Nomination Scheme) visa where the nominated position is located in regional Australia. Within this priority, nominations by an approved sponsor with Accredited Status, and nominations lodged by a party to a labour agreement not mentioned in paragraph (a), are to be given precedence;

d) all other nominations. Within this priority, Subclass 186 (Employer Nomination Scheme) nominations by an approved sponsor with Accredited Status, and nominations lodged by a party to a labour agreement not mentioned in paragraphs (a) or (c), are to be given precedence.

Order for considering visa applications

  1. The following processing priorities (with highest priority listed first) should be given due regard to in relation to applications for visas that are specified in Schedule A and Schedule B:

a)applications lodged on or after 18 March 2018;

b)applications lodged before 18 March 2018.

  1. Within these priorities, the following processing priorities should be applied:

a) visa applications for a Subclass 186 (Employer Nomination Scheme) visa where the applicant is nominated by an employer who is a party to a labour agreement under a Designated Area Migration Agreement or a Global Talent Scheme agreement.

b) visa applications for a Subclass 187 (Regional Sponsored Migration Scheme) visa. Within this priority, visa applications where the applicant is nominated by an approved sponsor with Accredited Status are to be given precedence;

c) visa applications for a Subclass 186 (Employer Nomination Scheme) visa where the nominated position is located in regional Australia. Within this priority, visa applications where the applicant is nominated by an approved sponsor with Accredited Status, or nominated by a party to a labour agreement not mentioned in paragraph (a) above, are to be given precedence;

d) visa applications for a Subclass 489 (Skilled – Regional (Provisional)) visa where the applicant is nominated by a State or Territory government agency;

e) visa applications for a Subclass 489 (Skilled – Regional (Provisional)) visa where the applicant is sponsored by an eligible relative;

f) visa applications for a Subclass 190 (Skilled – Nominated) visa;

g) visa applications where the visa applicant is sponsored or nominated by employers. Within this priority, Subclass 186 (Employer Nomination Scheme) visa applications where the applicant is nominated by an approved sponsor with Accredited Status, or nominated by a party to a labour agreement not mentioned in paragraphs (a) or (c) above, have precedence;

h) visa applications where the applicant’s nominated occupation is on the Medium and Long-term Strategic Skills List and applications for Subclass 885 (Skilled – Independent), Subclass 886 (Skilled – Sponsored) and Subclass 487 (Skilled – Regional Sponsored) visas. Within this priority, Subclass 189 (Skilled – Independent) visa applications in the Points-test stream are to be given precedence;

i) all other visa applications.

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