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Visa Processing Priorities
On the 25th of July 2026, The Australian Government has introduced a Ministerial Direction, which changes the order in which many skilled visa applications are processed. Importantly, this does not change who is eligible for a visa. Instead, it changes which applications are processed first, meaning some applicants may receive decisions sooner than others.
One of the most significant changes is the impact on Subclass 482 (Skills in Demand) visa applications lodged for workers who are outside Australia. Since the changes took effect, overseas 482 applications have been placed at the lowest processing priority, resulting in substantial delays and uncertainty for employers seeking to recruit overseas talent.
The following outlines what has changed, how the new processing priorities operate, and the practical implications for employers and prospective visa applicants.
- Applications for 482 visas are now LAST in processing priority and can only be processes AFTER all on-shore applications are processed. Even applications made in Australia AFTER the overseas application was lodged will be processed ahead of the overseas application.
- There are NO exceptions for accredited sponsors or business need. Case officers will have no discretion to process any applications earlier – the priorities are binding on them.
- There is no end-date set for this change, and it could continue indefinitely or for just a number of months – we do not know.
- Applications can still be lodged for employees/candidates who are overseas and will join the queue much like was the case in COVID. But you should expect no visas to be granted until the policy changes – escalations will not assist.
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- We need to bring employees in from overseas. What is actually happening?
- Which visas are impacted?
- Are there any exceptions?
- Can the Department expedite our application – can you escalate it?
- How long will overseas visas take to process?
- Does this mean offshore 482 applications have stopped?
- If processing is so slow, should we still lodge the 482?
- Can the employee come to Australia first and then lodge the 482 onshore?
- What about using a Subclass 400 visa?
- What about Working Holiday visas?
- Is there anything employers can do?
- What is Ajuria Lawyers doing about these changes?
1. We need to bring employees in from overseas. What is actually happening?
Visa applications made by people who are overseas are now at the bottom of the processing queue. The Department is prioritising applications from people who are already in Australia when they applied.
We are already seeing a significant slowdown in offshore processing. For many businesses, this means that an employee who would previously have been expected to arrive within a reasonably predictable timeframe may now remain overseas for considerably longer.
2. Which visas are impacted?
The new processing priorities apply to all visas already lodged or to be lodged under Skills in Demand (482, 494); Employer Nomination Scheme (186 & 187); Skilled (189 & 190, 191); Skilled Regional (489, 491, 887).
They do not apply to: Short Stay Specialist (400); Training (407); Temporary Activity (408); Working Holiday (417 & 462) or Business Visitor visas (600, 601 & 651).
However, separate measures might impact the usefulness of these other visas – for example training visas are being refused at much higher levels, some Work & Holiday visas have been paused and there has been discussion about these visas being granted subject to a condition that the visa holder cannot apply for another visa (including a 482 visa) after arrival in Australia.
3. Are there any exceptions?
Yes but very limited to defence and law enforcement occupations. No other exceptions are currently provided for.
Construction, healthcare and teaching occupations will be prioritised for employees already in Australia. We can confirm which priority applies to a particular application.
4. Can the Department expedite our application – can you escalate it?
The new rules apply strictly to all applications so all employers are in the same situation. As such, there is little if any point in escalating as the case officers simply cannot grant the visas. We do not know yet whether exceptions will be made for companies that lobby government and would be happy to discuss this with you.
5. How long will overseas visas take to process?
Unfortunately, there is no clear answer yet. The new rules set the order in which applications are processed, but it does not set processing times. We are already seeing significant delays in offshore applications. How long those delays will continue will depend on Departmental processing and whether the Government changes its current priorities.
For now, offshore applicants and their employers should plan for unknown processing times and not rely on historical timeframes. Businesses should therefore avoid making firm mobilisation or commencement commitments based on historical 482 processing times.
6. Does this mean offshore 482 applications have stopped?
No – but businesses should plan on the basis that processing may be significantly delayed.
Applications can still be lodged and visas can still be granted. The new rules change processing priority; they do not close the 482 program to offshore applicants. The difficulty is that we currently do not know how quickly the Department will work through the higher priority applications (in Australia).
7. If processing is so slow, should we still lodge the 482?
This is ultimately up to the business, but generally our advice would be yes. Waiting for the government to change its policy will simply mean joining a much bigger queue later. We experienced the same during COVID.
For businesses that know they will need the employee in Australia, there can still be good reason to proceed with the nomination and visa application now so that the application is already pending if processing priorities change or the Department begins moving through offshore cases again.
That decision should, however, be made against the circumstances of the particular employee and role.
It is also important to manage the applicant’s expectations. Current processing delays mean that offshore applicants are likely to face a period of uncertainty before they are able to relocate to Australia. Any relocation plans, family arrangements or significant financial commitments should only be finalised once the visa has been granted.
8. Can the employee come to Australia first and then lodge the 482 onshore?
This is quite complex in many cases and needs careful and specific advice, although the simple answer is yes if they can get a visa that allows them to enter, work and lodge later.
These options are limited (for example Working Holiday or 400 visas) and we expect the Government to scrutinise attempts to use other visa pathways to circumvent the offshore processing priorities and potentially change the rules to limit this. Employees trying this may be prevented and need to depart Australia any way.
9. What about using a Subclass 400 visa?
Potentially – but only where the assignment genuinely fits the Subclass 400 criteria.
A Subclass 400 visa is designed for short-term, non-ongoing work. It may be appropriate, for example, where a senior employee is genuinely required in Australia for a particular short-term project, tender, technical assignment or other specialised piece of work. However, there can be no prior arranged plan or intention to have the person remain in Australia.
It is currently possible for 400 visa holders to apply for a 482 visa after they arrive in Australia if their circumstances change after arrival and they are needed to stay longer-term for an employer, however, we anticipate that the Government might try to limit this in the future (although nothing has yet changed or been formally announced).
10. What about Working Holiday visas?
It is still possible for an overseas worker to come to Australia on a Working Holiday Maker visa and later apply for a subclass 482 visa (or another visa), although some subclass 462 countries are subject to annual caps, ballots or temporary pauses.
A Working Holiday Maker must genuinely be coming to Australia for a working holiday, with the principal purpose of spending a holiday in Australia. However, knowing that they may later apply for a 482 visa does not, by itself, prevent them from obtaining a Working Holiday visa provided that their primary intention is to holiday.
Employers should remember that Working Holiday Makers are generally limited to working for the same employer for six months, although exceptions and extensions may be available.
A Working Holiday visa can also be granted with condition 8503 (“No Further Stay”), which may prevent an onshore 482 application, so the worker’s visa conditions should always be checked.
11. Is there anything employers can do?
Yes, although it is limited.
First, have us review each overseas hire or transfer individually. There may be a legitimate alternative visa strategy depending on why the employee needs to come to Australia, what they will actually be doing here and for how long. You would understand that we may need to charge a fee for this additional work/assessment.
Second, businesses can consider making representations to Government. The strongest representations are not general complaints about immigration policy. They explain the real Australian impact: project delays, mobilisation problems, additional costs, contractual milestones, skills that cannot readily be sourced locally and consequences for major Australian projects.
For employers with significant offshore recruitment needs, this is now as much a workforce planning issue as it is a visa processing issue.
12. What is Ajuria Lawyers doing about these changes?
We are actively:
- keeping employers and employees informed and up to date
- working with business and industry groups to raise concerns about the impact of the new processing priorities
- speaking with Government and key stakeholders about the practical impact on Australian employers
- working with employers on visa and workforce strategies for affected employees
- helping businesses with Government communications and representations, particularly where visa delays are affecting projects, mobilisation or critical workforce needs.
We will continue to engage with Government and industry and keep our clients updated as the position develops.