Ministerial Direction 120 and the National Innovation Visa

From 25 July 2026, Ministerial Direction 120 does two things for the National Innovation visa (Class BX, subclass 858). It sets the order in which the Department works through applications, putting global award winners and government-nominated talent at the front. And it guides how officers assess the visa's core test, the "exceptional and outstanding achievement" criterion. If you're considering this pathway, the direction tells you both how quickly your application is likely to be looked at and what kind of evidence carries weight.
What is Ministerial Direction 120?
A Ministerial Direction is an instruction the Minister gives departmental decision-makers under section 499 of the Migration Act. Direction 120 commenced on 25 July 2026 and replaced the previous Class BX direction. It covers the National Innovation visa and the two closed programs that preceded it, the Global Talent visa and the Distinguished Talent visa, for applications still on hand. It does not change the visa's legal requirements. Applicants still have to meet the criteria in the Migration Regulations; the direction sets processing order and gives guidance on assessment.
How are National Innovation visa applications prioritised?
Direction 120 ranks Class BX applications from highest to lowest as follows:
The priority sectors are defined. Tier 1 covers critical technologies, renewables and low-emission technologies, and health industries. Tier 2 covers agri-food and ag-tech, defence capabilities and space, education, financial services and fintech, infrastructure and transport, and resources. If your field sits in tier 1, you're processed ahead of an equally strong applicant whose field sits in tier 2 or outside the priority sectors.
What counts as "exceptional and outstanding achievement"?
This is the heart of the visa, and Direction 120 gives decision-makers a guide to it. The direction is explicit that the listed factors are not a checklist. An officer weighs the applicant as a whole, looking for a pattern of multiple achievements rather than a single line on a CV. The kinds of evidence it points to include:
For government-nominated applicants, the direction lets officers look wider, including top sports and arts awards, a track record as a significant angel investor or company builder, promising entrepreneurial activity linked to Australian start-up incubators, and exceptional service to the Australian community. The very top band, the global experts, are recognised through major international awards. The direction lists examples including the Nobel Prizes, the Fields Medal, the Turing Award, the Pulitzer Prize and an Olympic gold medal.
What does this mean if you're considering this visa?
The National Innovation visa is a small, deliberately selective program, and Direction 120 makes the selectivity concrete. If your achievements sit in a tier 1 sector or you can secure a government agency nomination, you're both higher in the queue and closer to the profile the program is built for. If you're relying on a single strong credential, the direction's "not a checklist, look at the whole person" approach is a signal to build a well-evidenced case across several of these indicators rather than leaning on one. And remember the direction guides assessment and order only; you still have to meet the visa's legal criteria.
FAQ
When did Ministerial Direction 120 start?
It commenced on 25 July 2026 and replaced the previous Class BX processing direction.
Which National Innovation visa applications are processed first?
Global experts who hold a top-of-field international award, then applicants nominated by an expert government agency on Form 1000, then those with exceptional achievements in tier 1 priority sectors.
What are the tier 1 priority sectors?
Critical technologies, renewables and low-emission technologies, and health industries.
What evidence shows "exceptional and outstanding achievement"?
The direction points to major research grants, academic influence such as top-journal publications and a strong h-index, keynote appearances, international patents, and earnings at or above the high income threshold. It stresses these are indicators, not a checklist.
Does Direction 120 change who is eligible for the visa?
No. It sets processing order and guides assessment. Applicants must still meet the criteria in the Migration Regulations.
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