Changes to the General Skilled Migration Program
Removal of the MODL
On 8 February 2010, the Minister for Immigration
and Citizenship, Senator Chris Evans, announced the
outcomes of a review of the Migration Occupations in
Demand List (MODL).
The review found that the existing MODL needed to
be revoked and replaced by a more targeted skilled
occupations list to better meet the demands of
Australia’s labour market.
The revocation of the current MODL will not affect those
who at the date of announcement:
• hold a Skilled—Graduate (subclass 485) visa, or have
a pending subclass 485 visa application and are
yet to apply for a permanent or provisional General
Skilled Migration (GSM) visa, or
• have a pending GSM visa application.
New Skilled Occupation List from mid-2010
On 8 February 2010, the minister also announced the
replacement of the current Skilled Occupation List (SOL)
in the second half of 2010, with a new list of targeted
occupations determined by the independent body, ‘Skills
Australia’. As the new SOL will be a comprehensive,
targeted list, the current Critical Skills List will be revoked.
The new SOL will come into effect from mid-2010 and
will apply to all applicants lodging visa applications made
on or after this date, except to GSM applicants who at
the date of announcement ( 8 February 2010):
• hold a Skilled—Graduate (subclass 485) visa, or had
a pending subclass 485 visa application and had
not yet lodged an application for a provisional or
permanent GSM visa and who make an application
by 31 December 2012, or
• have a pending GSM visa application.
In addition, the new SOL will not apply to people applying
for a Skilled—Graduate (subclass 485) visa who at
8 February 2010 hold a:
• Vocational Education and Training Sector (subclass
572) visa
• Higher Education Sector (subclass 573) visa
• Postgraduate Research Sector (subclass 574) visa.
However these student visa holders will be required
to have an occupation on the new SOL to apply for a
permanent GSM visa.
GSM applications lodged before 1 September 2007
Under section 39 of the Migration Act 1958, the Minister
for Immigration and Citizenship has the power to set a
maximum number of visas of a class that may be granted
in a particular financial year.
On 8 February 2010, the minister announced he
would set a maximum number of offshore GSM visa
applications made before 1 September 2007 that
could be granted. Once this number is reached, any
applications awaiting a decision will not be considered
and the application returned to the applicant or their
authorised recipient. These applications will be taken not
to have been made.
Refunds of the visa application charge (VAC) will be made
to the payer of these charges for affected visa applicants.
DIAC10/01137.1
Who do the changes to GSM apply to?
Groups affected by the GSM changes. Revocation of the MODL from8 February 2010 . New SOL in effect from mid-2010
Current applicants No No
Skilled—Graduate (subclass 485) visa
applicants and holders as at 8 February
2010 yet to apply for a permanent or
provisional GSM visa
No, provided they apply for a
permanent or provisional GSM visa
by 31 December 2012
No, provided they apply for a
permanent or provisional GSM visa
by 31 December 2012
Higher Education, Postgraduate
Education and VET sector student visa
holders as at 8 February 2010
People who are considering applying for
a GSM visa
Yes Yes
Useful documents
More information on the changes announced by the
minister on 8 February 2010 is available on the following
information sheets:
• Revoking the Critical Skills List
• Changes to the current Skilled Occupation List
• Changes to offshore General Skilled Migration visa
applications received before 1 September 2007
• Outcomes of the Migration Occupation in Demand
List review—frequently asked questions
• General Skilled Migration Points Test Review
• Onshore international students—frequently asked
questions
• Changes to Priority Processing