Contrary to the assumptions, yet another change is sending shock waves across the Australian migration industry. The Migration Occupations in Demand List (MODL) is no more in existence. One would wonder how possible is this; a change overnight that will make thousands of applicants ineligible to make permanent visa applications. We are very much accustomed to drastic changes made by the Department, which has always been substantiated by a valid reason.

The good news is, applications lodged prior to the 8 February 2010 will not be affected by the changes. However, in my experience there ought to be a very large amount of applicants who have entered into the migration process, taking into account that their occupation is in the MODL. What this means simply is, under the previous law if the occupation was in the MODL, 15 extra points were awarded towards the total point calculation. Per the change, the applicants will not be able to claim the said points, resulting, most applicants not been able to meet the pass-mark of 120 for an independent visa.

Impact on the revocation of the MODL

The MODL review did take place, consisting of two stages and was concluded in December 2009. The proposal to revoke the MODL was long due and the impacts were debated. The MODL was introduced in 1999 to remedy the situation where someone with skills needed in the Australian labour market fell just shy of the points needed to be awarded permanent residence, for example, a highly skilled tradesperson whose age counted against them. Over time the MODL has come to be seen more as a general instrument for addressing skill shortages, and was given added weight in the Points Test. At the same time, it was identified the MODL is much less effective in addressing skill shortages than sponsored skilled migration, and contributes to the distortions in the migration program. The previous structure of the points test makes the acquisition of MODL points more important to offshore than onshore applicants. A survey conducted by the Department of Immigration and Citizenship revels, the reliance on the MODL points amongst the independent applicants in year 2008-2009 was as high as 73.1 percent. As the occupations rose to 106, the amount of applications lodged for GSM visas claiming MODL points sky rocketed. With the revocation, most of the independent applicants will have to seek alternative options.

Other Major Changes

GSM applications lodged before 1 September 2007
There are two more proposed changes to the procedures in existence. The Minister for Immigration has made a decision to cap the amount of applications received prior to September 2007. Once the number is reached any decision pending application will be returned and it will be taken to have these application not been made. At the same time, the visa application charge (VAC) will be refunded. It is not yet known the mechanism of acceptance and refusal. However, given the fact that future trend of Australian migration is targeted towards highly skilled and proficient in English language, it is likely the applicants falling under generic occupations with low English levels can face issues. There are number of answered questions; such as what if the applicant has reached 45 years and has no opportunity beyond this.Alongside the opportunity lost, the shattered dreams of thousands of families and the social responsibility towards the applicants are some of the issues that will be debated in due course.

New Skills Occupation List from mid 2010
The current Skills Occupations List (SOL) will be replaced with a new skills list in the mid 2010. The new list will be applicable only for the applications lodged after the new list comes into effect. The new SOL will comprise of a more targeted list of occupations designed to meet the medium of long-term needs of the Australian economy. States/ Territory governments and employers will still be able to sponsor applicants who have nominated an occupation that is not included in the new SOL.

At this stage, the announcement made by the DIAC is affective of the said date. However, there are unclear areas such as the directions for the pre September 2007 applications and lodging visa applications according to new SOL. I will be closely monitoring the situations and will keep the readers updated.

Written By: Surani Punchihewa