On February 2010, The Minister for Immigration and Citizenship announced changes to the criteria covering the skilled migration program, including the MODL and Skilled Occupations List. These changes have been expected for some time as Australia re-focuses its priorities in line with current economic priorities.
Basically the changes announced effect the following:
1) the outcomes of a review of the Migration Occupations in Demand List (MODL)
2) the replacement of the current Skilled Occupation List (SOL) in the second half of 2010
3) offshore GSM visas made before 1 September 2007 will be capped and
4) changes to priority processing arrangements
Removal of the MODL
On 8 February 2010, the minister for Immigration and Citizenship, Senator Chris Evans, announced the outcomes of a review of the migration occupations in Demand List (MODL). The review found that the existing MODL needed to be revoked and replaced by more targeted skilled occupations list to better meet the demands of Australia’s labour market.
Therefore applications lodged after 8 February 2010 will no longer be able to obtain bonus points for an occupation on the MODL. This change does not affect those who, at the date of announcement:
• hold skilled Graduate (subclass 85) visa, or have a pending subclass 85 visa application and are yet to apply or permanent or provisional General
Skilled Migration (GGSM) visa, or
• have already lodged a GSM visa application with DIAC.
New Skilled Occupation list from mid-2010
The Minister, announced the replacement of the current Skilled Occupation List (SOL) in the second half of 2010, with a new list of targeted occupations determined by the independent body, Skills Australia. The new SOL will be a comprehensive, targeted list and the current Critical Skills List will be revoked.
It is expected that the new SOL will be announced by 30 April 2010 and take effect from mid-2010. Employers and state and territory governments will still be able to sponsor applicants who have nominated an occupation that is not included in the new SOL to meet the needs of a particular employer or state/territory if the occupation is included in a state migration plan.
The new SOL will apply to all new GSM applicants from mid-2010, except those applicants who, at 8 February 2010:
• hold a skilled —Graduate (subclass 485) visa, or had a pending subclass 485 visa application and had not yet lodged an application for a provisional or permanent GSM visa and who make an application by 1 December 20012, or
• have already lodged a GSM visa application with DIAC.
In addition, the new SOL will not apply to those applicants with current Student visas (572/573/574) who at 8 February 2010, intent to apply for a Skilled—Graduate subclass 485) visa. However these student visa holders will be required to have an occupation on the new SOL to apply for a permanent GSM visa.
The current Critical Skills List (CSL) will remain in place until such time as the new SOL is released.
GSM applications lodged before 1 September 2007
On 8 February 2010, the Minister announced he would set a maximum number of offshore GSM visa applications made before 1 September 2007 that could be granted. Once this number is reached, any applications waiting a decision will not be considered and the application will be returned to the applicant or their authorised recipient. These applications will be taken not to have been made and a refund of the visa application charge will be made to the payer of these charges for affected visa applicants.
Changes to priority processing arrangements
The Minister has set new priority processing arrangements which apply to lodged GSM visas, including ENS and RSMS. Effective from 8 February 2010 the following processing priorities (with highest first) apply:
1. Applications from people who are sponsored by an employer under either ENS or RSMS
2. Applications from people who are nominated by a State/Territory Government agency under a State Migration Plan agreed by the Minister (please note no ‘Plans’ have yet been approved by the Minister)
3. Applications from people who are nominated by a State/Territory government agency AND whose occupation is on the CSL.
4. Applications from people who not in either category 1, 2 or 3 BUT whose nominated occupation is on the CSL.
5. Applications from people who are nominated by a State/Territory government agency AND whose occupation is NOT on the CSL.
6. Applications from people whose occupations are on the MODL and applications from people who are sponsored by family AND whose occupation is NOT on the MODL
7. All other applications are to be processed in the order in which they are received by DIAC.
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