Changes to the Migration Occupations in Demands List

VISA NEWS – UPDATE OF THE CHAGES TO THE MIGRATION OCCUPATIONS IN DEMAND (MODL) LIST – SUBCLASS 457 VISA APPLICANTS AND VISITORS VISAS.

The focus this month is on the review of the MODL list. The government is going to look at reforming the MODL to make it more forward looking, targeting Australia’s skill needs for the future and giving priority to migrants with high value and high quality skills.

DIAC have provided some questions and answers on their website as follows:

Q1. What is happening to the domestic tertiary education
sector. Migration Occupations in Demand List (MODL)?

A review of the purpose of the MODL and its methodology has commenced and is expected to be completed in late 2009. The review aims to make MODL a more strategic tool in identifying the medium to long-term skill needs that compliment Australia’s skill supply through the domestic tertiary education sector.

Q2. When will the new MODL be implemented?

The arrangements for the transition to the new MIDL will be determined once the outcomes of the review are finalised. The Critical Skills List will remain in place while the review is in progress and then be phased out following the implementation of any recommendations flowing from the review.

Q3. What will happen to priority processing of Critical Skills List applications?

Occupations which are listed on the Critical Skills List receive priority processing, which assists the targeting of the migration program. These arrangements will continue until the review is finalised. Once the review is finalised, arrangements for phasing out the CSL will be announced.

As the review is expected to be completed in late 2009 once again we would suggest that if you have an occupation currently on the MODL of CSL list do not delay in lodging your visa application as Regulation 2.26AA of the Migration Regulations will ensure that applicants who apply for a permanent visa when an occupation is on the MODL (Migration Occupation in Demands), will not be disadvantaged if the occupation is removed from the MODL before the application is finalised.

SUBCLASS 457 AND VISITORS VISAS

It appears that DIAC is unhappy about Subclass 457 visa applicants travelling to Australia on visitors visas. The DIAC website provides as follows:

Visitor visas are not appropriate for people wanting to travel to Australia for the purpose of waiting for their Subclass 457 visa to be processed.

Visitor Visas include:

• Tourist (Subclass 676)
• Sponsored Family Visitor (Subclass 679)
• Business (Short Stay) (Subclass 456)
• Sponsored Business Visitor (Short Stay) (Subclass 459)
• ETA (Subclass 977)
• ETA (Subclass 956)
• ETA (Subclass 976)
• eVisitor (Subclass 651)

Applicants for a 457 visa, as with any visa applicant, should await the outcome of their application before booking airfares to come to Australia unless they are planning to travel to Australia for a short visit for tourism or business purposes. All visitor visa applicants must satisfy the decision maker that they intend a genuine visit, among other things, as set out in Australian Migration Law.

Please do not hesitate to contact us at [email protected] or Ph: 02 9266 0195 to see if you qualify for employer sponsorship, state or territory nomination, priority IELTS testing, decision ready applications, lodgement of spouse applications, or priority through the critical skills list.