Significant changes have been announced to the Australian Skilled Migration Programme, including:

1) The MODL (List of Migration Occupations in Demand) has been removed:

This does not affect individuals who have already applied for their visas, or who hold Skilled Graduate Visas.

Most applicants who have not yet applied for a skilled visa and who will be effected by the removal of the MODL may claim additional points by undertaking an IELTS test and obtaining 7 in each of the four sections of the test, and/or applying for a State Sponsored Visa.

The only applicants who will be able to claim MODL points now are:

a) Those who were granted or applied for 485 Skilled Graduate Visas before 8 February 2010 AND who apply for permanent skilled visas before 31 December 2012.

b) Those who applied for a Skilled Visa before 8 February 2010.

2) The current SOL (Skilled Occupations List) will be changed in the middle of 2010:

We understand this to mean that a new list will be introduced on 1 July 2010, but a firm date has not been announced. As the new list will reflect an update of current skills shortages throughout Australia, the Critical Skills List will no longer be needed and will be removed at the same time.

Anyone applying before mid 2010 will be able to apply under the current SOL and Critical Skills List.

3) Skilled Visa Applications lodged before 1 September 2007 will be capped:

Once the capped number is reached, the Department of Immigration will not process any remaining visa applications lodged before 1 September 2007. The Department will issue refunds of the visa application fees of those applicants whose visa applications will not be processed.

4) The points test that applies to the Skilled Visas will be reviewed in the first half of 2010:

The Department feels that the current points test does not lead to desirable outcomes in attracting “skilled” migrants. We anticipate that a new points test may be released as early as mid 2010 and that skilled trades people may no longer be awarded 60 points for their skills.

5) The current Priority Processing hierarchy has been updated, the first visas to be processed will be:

a) Applications from people who are sponsored by employers and applying for an ENS or RSMS visa.

b) Applications from people who are nominated by a state/territory government under a state migration plan agreed to by the minister. (We do not believe that any such agreements have yet been made by the states/territories).

c) Applications from people who are nominated by a state/territory government agency and whose nominated occupation is on the Critical Skills List (CSL).

d) Applications from people who are not state/territory nominated or sponsored, but whose nominated occupation is listed on the CSL.

e) Applications from people who are nominated by a state/territory government agency whose nominated occupation is not listed on the CSL.

f) Applications from people whose occupations are listed on the Migration Occupations in Demand List
(MODL) OR aplications from people who are sponsored by family and whose nominated occupation is not listed on the CSL.
These applications may take up to 2 years to finalise.

g) All other applications (these will be processed in the order in which they are received).
These applications may take up to 3 years to finalise.

If you are worried about the effect of any of the above changes on your visa application please fee free to contact us for more information.