Sheelagh Blanckenberg
8th February 2010, 03:55 PM
From the legislation just released (http://www.comlaw.gov.au/ComLaw/Legi...NT=999&START=1) it would appear that the MODL is preserved but only for certain onshore graduate applicants.
The relevant Explanatory Statement states the following:
1.This Instrument is made under regulation 1.03 of the Migration Regulations 1994 (‘the Regulations’), and specifies the definition of ‘migration occupation in demand’.
2.Regulation 1.03 of the Regulations provides that ‘migration occupation in demand’in relation to one or more Classes or Subclasses of visa, means a skilled occupation that is specified by the Minister in an instrument in writing.
3. The purpose of the Instrument is to negate the influence of migration occupations in demandon General Skilled Migration (GSM)visas. It is expected that the new instrument will help curb the skew of GSM applications towards occupations on the migration occupation in demand list (MODL).
4. The Instrument will instruct that the only applicants who will still have access to MODL occupations will be Subclass 885 Skilled – Independent, Subclass 886 Skilled – Sponsored and Subclass 487 Skilled – Regional Sponsored visas applicants, who:
(i) held a Subclass 485 Skilled – Graduate visa at the date of commencement of this instrument; or
(ii) had made an application for a Subclass 485 Skilled – Graduate visa that is not finally determined at the date of commencement of this instrument.
From this instrument it would seem:
1. There will no longer be any skilled occupations on the MODL for GSM applications except those mentioned above (s/c885, 886 and some 487s).
2. Most GSM applicants will now not be able to obtain extra points under the GSM points test because of having an occupaton on the MODL.
3. This change will impact all new GSM applications from the effective date of the instrument (except those specified above).
4. The change will also impact on potential applicants who intended to apply for a GSM visa based on their occupation which was (before the changes) listed on MODL.
A huge blow for many, it would appear.
The relevant Explanatory Statement states the following:
1.This Instrument is made under regulation 1.03 of the Migration Regulations 1994 (‘the Regulations’), and specifies the definition of ‘migration occupation in demand’.
2.Regulation 1.03 of the Regulations provides that ‘migration occupation in demand’in relation to one or more Classes or Subclasses of visa, means a skilled occupation that is specified by the Minister in an instrument in writing.
3. The purpose of the Instrument is to negate the influence of migration occupations in demandon General Skilled Migration (GSM)visas. It is expected that the new instrument will help curb the skew of GSM applications towards occupations on the migration occupation in demand list (MODL).
4. The Instrument will instruct that the only applicants who will still have access to MODL occupations will be Subclass 885 Skilled – Independent, Subclass 886 Skilled – Sponsored and Subclass 487 Skilled – Regional Sponsored visas applicants, who:
(i) held a Subclass 485 Skilled – Graduate visa at the date of commencement of this instrument; or
(ii) had made an application for a Subclass 485 Skilled – Graduate visa that is not finally determined at the date of commencement of this instrument.
From this instrument it would seem:
1. There will no longer be any skilled occupations on the MODL for GSM applications except those mentioned above (s/c885, 886 and some 487s).
2. Most GSM applicants will now not be able to obtain extra points under the GSM points test because of having an occupaton on the MODL.
3. This change will impact all new GSM applications from the effective date of the instrument (except those specified above).
4. The change will also impact on potential applicants who intended to apply for a GSM visa based on their occupation which was (before the changes) listed on MODL.
A huge blow for many, it would appear.