On 8th February 2010, Senator Chris Evans – the Minister for Immigration and Citizenship – announced certain changes to the General Skilled Migration program as an outcome of a review of immigration practices.

The Australian government decided to undertake a comprehensive review of the Migration Occupation in Demand List (MODL) because of concerns the MODL was not equipped to meet the medium to long-term skill needs of the Australian labour market.  The review found that the MODL was indeed not effective in anticipating and supporting the future of Australia’s labour market and skills supply. The findings of this review were supported by all participating stakeholders, including the Commonwealth, State and Territory Governments, industry and union.

This review concluded that the existing MODL should be revoked and replaced with a more targeted and specific skilled occupations list to better reflect the demands and trends of the current Australian labour market.

The withdrawal of the existing MODL does not affect those individuals who at the date of the Ministers announcement (8th February 2010) either already hold a Skilled-Graduate visa (subclass 485), have a subclass 485 visa application pending (and have not as yet applied for a permanent GSM visa) or who have a pending GSM visa application. Revocation of the MODL does not affect applicants sponsored by an Australian employer.

Previously, people seeking to migrate to Australia on the basis of their work skills were able to receive points (in order to meet the Points Test pass mark) if their nominated occupation was listed on the MODL. Applicants who lodged an application for a GSM visa before the Ministers announcement revoking the MODL (8th February 2010) will still be eligible to claim MODL points if their nominated occupation was listed on the MODL at the time they lodged their visa application.

Note that students currently undertaking study in a MODL occupation will no longer be able to claim MODL points for undertaking this study if and when they lodge a GSM application for permanent migration to Australia.

Applicants who had not lodged a GSM visa application before the Ministers announcement revoking the MODL are encouraged to consider alternative ways of achieving additional points for the Points Test passmark, such as improving their English Language score for example.

Haag Walker Lawyers offer all visa applicants affected by these changes a thorough and competent assessment of their personal situation.  We can also determine whether there are any alternative options for migration to Australia open to you.  Please see our Services web page where you can choose a migration service appropriate to your particular needs.