Understanding Ministerial Direction 114: Prioritisation for SC188 and SC132 Visa Applications
As of 12 February 2025, the Ministerial Direction 114 (MD 114) introduces a structured approach to prioritising applications for Business Innovation and Investment (Subclass 188) visa and Business Talent (Subclass 132) visa. This direction is significant for the visa applicants as it delineates the order in which these applications will be considered.
What is the Order of Consideration for Visa Applications?
Under MD 114, the order of priority for considering visa applications is outlined as follows:
Highest Priority: These applications are recognised first in the hierarchy and reflect the government’s focus on fostering innovation and entrepreneurial ventures.
Subclass 188 visa in the Entrepreneur stream
Next Priority: These streams are prioritized due to their importance in driving business growth and investment in Australia
Subclass 188 visa in the Business Innovation stream
Subclass 132 visa in the Significant Business History stream
Moderate Priority: Third on the list of priorities reflects a strategic interest in attracting investment to support Australia’s economy.
Subclass 188 visa in the Investor stream
Lower Priority: While important, they are prioritised lower than the previous visa streams.
Subclass 132 visa in the Venture Capital Entrepreneur stream
Lowest Priority: This may signal a shift in focus toward more dynamic and innovative business ventures over traditional investment pathways.
Subclass 188 visa in the Significant Investor stream
Are There Additional Factors that may Influence the Priority Assessment?
MD 114 mentioned factors that can affect the priority assessment:
Location at the Time of Application
Applications from main applicants who were physically present in Australia at the time of applying for an SC 188 or SC 132 visa and holding a bridging visa linked to that visa application will receive priority consideration.
Combined Applications
Applications submitted alongside a primary application, whereby the primary applicant seeks to meet the eligibility criteria for the SC 188 or SC 132 visa, will be considered more favourably.
Family Unit Applications
Subsequent applications by individuals claiming to be part of the family unit of a primary visa applicant will be prioritised, even if the associated primary visa application is still pending.
Are there situations in MD 114 that do not Apply?
There are specific scenarios where MD 114 does not apply to:
Applications that have been remitted by the Administrative Appeals Tribunal (AAT) or Administrative Review Tribunal (ART) for reconsideration.
Applications where it is readily apparent that the visa criteria would be satisfied.
Applications from family members of individuals who hold a visa are granted based on meeting primary criteria without a combined application.
Applications from individuals who have held or currently hold a Subclass 188 visa in either the Business Innovation or Significant Investor stream and seek extensions within the same categories.
How Can Agape Henry Crux Help
MD 114 sets an essential framework for prioritising the consideration of Subclass 188 and Subclass 132 visa applications. Applicants must understand this new order of consideration to strategise their applications. If you have any further questions regarding your pending Subclass 188 or Subclass 132 visa application, contact our team of immigration lawyers and migration agents at Agape Henry Crux. The team specialises in handling highly complex matters and works together with 2 of our Accredited Specialist Immigration Lawyer(s). You can schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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