Outcomes of the Migration Occupation in Demand List
review—frequently asked questions
Q 1 Why has the Migration Occupation in Demand List
been revoked?
A review of the Migration Occupation in Demand List
(MODL) was conducted due to concerns that it was not
supporting the General Skilled Migration (GSM) program
to meet Australia’s medium to long-term future skill
needs.
Findings of the review showed that the MODL was
not effective in delivering a GSM program that meets
the future skill needs of the Australian labour market.
A number of stakeholders participating in the review
supported these findings.
Q 2 When will the MODL be revoked?
On 8 February 2010 the Minister for Immigration and
Citizenship, Senator Chris Evans, announced the
revocation of the MODL from 8 February 2010. This
change applies to all GSM applicants except those who,
at the date of announcement:
• 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.
Revocation of MODL does not affect applicants
sponsored by an Australian employer.
Q 3 Why is the MODL being revoked without warning?
The outcomes of the review need to be implemented
as quickly as possible in order for the GSM program to
provide the necessary skills required for the Australian
labour market.
Q 4 Will there be a new MODL?
No. Applicants planning to claim additional points for an
occupation on MODL to meet the Points Test passmark
should consider other options for additional points, for
example, improving their English language score.
Q 5 What is the impact of revoking the MODL on
applications that have been lodged and are awaiting a
decision?
None. Applicants who lodged a GSM application before
8 February 2010 will not be affected by the revocation of
the MODL.
Q 6 Are there transitionary arrangements proposed for
some applicants?
Yes, applicants who made an application for a GSM visa
before 8 February 2010 will be eligible to claim MODL
points (subject to meeting the employment/job offer
requirements) if their nominated occupation was on the
MODL at the time they lodged their application.
Q 7 I am currently undertaking study in a MODL
occupation. Can I claim MODL points when I lodge my
GSM application?
No. The MODL was revoked on 8 February 2010. This
means that if you lodge your application after this date
you will not be able to claim MODL points. MODL points
can be claimed by people, who at 8 February 2010 are:
• holders of a subclass 485 visa granted before
8 February 2010
• applicants for a subclass 485 visa lodged before
8 February 2010, or
• applicants for a GSM visa lodged before 8 February
2010.
These applicants must lodge their GSM application by
31 December 2012.
International students should not make educational
choices solely on the basis of hoping to achieve a
particular migration outcome. The GSM program will
continue to change and adapt to Australia’s economic
needs.
DIAC10/01137.3
People who wish to study in Australia may be granted a
student visa that entitles them to come to Australia on
a temporary basis for a specified period to undertake
study at an Australian educational institution. While
many overseas students make a decision to apply for
permanent residence upon completing their studies, this
is an entirely separate process and there is no guarantee
that, on the basis of having held a student visa, a person
will meet the requirements to be granted permanent
residence.
It is important to note that student visas are aimed at
achieving an educational outcome. GSM on the other
hand is predominantly driven by the labour market
needs of Australia.
The criteria for grant of GSM visas can change in
response to the changing economic circumstances
of Australia. All applicants seeking to be granted a
permanent GSM visa must meet the relevant criteria set
out in the migration legislation, regardless of whether or
not they have previously been in Australia. It is important
for student visa holders to note that any changes to the
criteria for the grant of a GSM visa.
Q 8 Is the MODL being replaced by other mechanisms
designed to target applicants with certain
occupations?
No.
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 General Skilled Migration Program
• Changes to the current Skilled Occupation List
• Changes to offshore General Skilled Migration visa
applications received before 1 September 2007
• General Skilled Migration Points Test Review
• Onshore international students—frequently asked
questions
• Changes to Priority Processing