Overhaul of GSM Announced

Feb 8, 2010

CHANGES TO THE GENERAL SKILLED MIGRATION PROGRAM

REMOVAL OF MODL

The revocation of the current Migration Occupations in Demand List (MODL) will not affect those who at the date of announcement:

• hold a Skilled-Graduate (subclass 485) visa, or havea 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 thereplacement 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 (CSL) will be revoked. 

The new SOL will come into effect from mid-2010 andwill apply to all applicants lodging visa applications made on or after this date, except to GSM applicants who atthe 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 orpermanent 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 applyingfor a Skilled-Graduate (subclass 485) visa who at 8 February 2010 hold a:
• Vocational Education and Training Sector (subclass572) visa
• Higher Education Sector (subclass 573) visa• Postgraduate Research Sector (subclass 574) visa.

However these student visa holders will be requiredto have an occupation on the new SOL to apply for apermanent GSM visa.

GSM APPLICATIONS LODGED BEFORE1 SEPTEMBER 2007
Under section 39 of the Migration Act 1958, the Ministerfor Immigration and Citizenship has the power to set amaximum number of visas of a class that may be grantedin a particular financial year.On 8 February 2010, the Minister announced hewould set a maximum number of offshore GSM visaapplications 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 notto have been made. Refunds of the visa application charge (VAC) will be made to the payer of these charges for affected visa applicants. 

Source: Department of Immigration & Citizenship (DIAC) 

CHANGES TO THE CURRENT SKILLED OCCUPATION LIST

Q 1    Why has the Australian Government decided to change the Skilled Occupation List?
The government is replacing the current SkilledOccupation List (SOL) with a more targeted list ofoccupations to better meet the medium and long-termfuture skill needs of the Australian economy. The newSOL will be based on advice from 'Skills Australia' andit will deliver a General Skilled Migration (GSM) Programmore focused on high-value skills across the professions and trades.

Q 2    What is 'Skills Australia'?
Skills Australia has been established by the Australian Government to provide expert and independent adviceto the deputy prime minister on matters relating toAustralia's current, emerging and future workforce skillsand workforce development needs.

Q 3    Which occupations are going to be listed on the new SOL? 
Skills Australia will identify skilled occupations ofhigh value to the economy that align with its nationalworkforce development strategy. It is expected toinclude managerial, professional, technical and trade occupations.

Q 4    When will the new SOL come into effect?
It is expected that the new SOL will be announced by 30 April 2010 and placed on the Department ofImmigration and Citizenship website and take effect frommid-2010. Publication of the new SOL in advance of ittaking affect is designed to assist clients.

Q 5    What is the effect of removing an occupation from the SOL?
The new SOL will have a more targeted list of occupations designed to meet the medium to long-term needs of the Australian economy. Applicants for GSMvisas that are not State/Territory government nominated will have to nominate an occupation on the new SOL ifthey apply after mid-2010. Employers and state and territory governments will stillbe able to sponsor applicants who have nominated an occupation that is not included in the new SOL to meetthe needs of a particular employer or State/Territory if the occupation is included in a state migration plan.

TRANSITIONAL ARRANGEMENTS.

Q 6    Who will the new SOL apply to?
The new SOL will apply to all new GSM applicants frommid-2010, except those applicants who, at 8 February2010:

• hold a Skilled-Graduate (subclass 485) visa, orhad a pending subclass 485 visa application andhad not yet lodged an application for a provisional orpermanent GSM visa and who make an applicationby 31 December 2012, or
• had a pending GSM visa application.

Q 7    Does the new SOL apply to Skilled-Graduate(subclass 485) visa applications made after the new SOL commences in mid 2010?
Yes, unless the applicant held a student visa on 8 February 2010 in any of the following subclasses:

• Vocational Education and Training Sector (subclass 572)
• Higher Education Sector (subclass 573)
• Postgraduate Research Sector (subclass 574).

These subclass 485 applicants will not be subject tothe new SOL, instead, the current SOL in effect on 8 February 2010 will apply to these visa applicants.However they will be subject to the new SOL if they applyfor a permanent or provisional GSM visa. A subclass 485 visa enables former internationalstudents to gain valuable work experience in Australia and provides them with the opportunity to secure anemployer or state and territory government sponsorship.

Q 8    I intend to lodge an application for GSM once I complete my studies but I am not sure if my occupation will be on the new SOL.International students will be unable to migrate to Australia under the GSM program unless their nominated skilled occupation is on the new SOL. 
Students should not make educational choices solely on the basis of hoping to achieve a particular migration outcome as the GSM program will continue to change and adapt to Australia's economic needs. 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 a person will meet the requirements to be granted permanent residence on the basis of having held astudent visa.The criteria for granting a GSM visa can change inresponse to changing economic circumstances of Australia. All applicants seeking a permanent GSM visa must meet the relevant criteria set out in 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 a GSM visa will not affect their student visa conditions.

Q 9    I have a satisfactory skills assessment for my nominated occupation which is currently on the SOL, but I do not wish to apply for a GSM visa until late 2010. Will the Department of Immigration and Citizenship accept this skills assessment?
Yes, provided the skills assessment is for an occupationthat is on the new SOL which will start in mid-2010,and you are not required to complete the Job Ready Program.

Q 10    Will state and territory governments be able to nominate applicants if their nominated occupation is not on the new SOL?
Yes, provided the nomination is in accordance witha state migration plan approved by the Minister for Immigration and Citizenship.

Q 11    What are my options if my occupation is not on the new SOL?
If your nominated occupation is not on the newSOL you may wish to consider your eligibility for apermanent employer sponsored visa under the EmployerNomination Scheme, or the Regional Sponsored Migration Scheme. More information can be found at: http://www.immi.gov.au/skilled/skilled-workers/.

Q 12    If I apply for a GSM visa in April 2010, will I be subject to the new SOL? 
No, as the new SOL does not commence until mid-2010. 

Source: Department of Immigration and Citizenship (DIAC)

OUTCOMES OF THE MIGRATION OCCUPATION IN DEMAND LIST (MODL) 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) programto meet Australia's medium to long-term future skillneeds.Findings of the review showed that the MODL was not effective in delivering a General Skilled Migration (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 (DIAC), Senator Chris Evans, announced therevocation 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 pass mark 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 aparticular migration outcome. 
The GSM program will continue to change and adapt to Australia's economic needs. People who wish to study in Australia may be granted a student visa that entitles them to come to Australia ona 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 (PR). 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 setout 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. 

Source: Department of Immigration & Citizenship (DIAC)

Revoking the Critical Skills List

Q 1    What will be the role of the Critical Skills List when the new Skilled Occupation List is introduced?

The Critical Skills List (CSL) will be revoked when the new Skilled Occupation List (SOL) comes into place in mid-2010. The CSL was an interim administrative measure adopted while the Migration Occupation in Demand List (MODL) review was being undertaken, to ensure skilled migration outcomes were driven by the demands of thelabour market.

Q 2    My nominated occupation is currently on the CSL. Will I continue to receive priority processing?
Yes, priority processing arrangements for applicationsfor permanent skilled migration will continue until theyare reviewed in mid-2010. More information on the newarrangements will be provided

Source: Department of Immigration and CItizenship (DIAC)




Onshore international students

Q 1    Is my application for a Skilled-Graduate (subclass 485) visa affected by the changes to the Skilled Occupation List (SOL) announced by the government?
No. If you lodge your application for a subclass 485 visa before the new SOL commences in mid-2010 yourapplication will not be affected. Your application will beprocessed under the arrangements and legislation inplace at the time you applied.Yes. If you apply for a subclass 485 visa after the new SOL commences in mid-2010 and you were not holding a student visa subclass 572, 573 or 574 on 8 February 2010, your application will be subject to the new SOL.

Q 2    I applied for a subclass 485 visa before 8 February 2010. When it is granted, can I apply for a permanent General Skilled Migration visa?
Yes you can apply for a permanent General Skilled Migration (GSM) visa and nominate an occupation which is on the SOL at 8 February 2010.You will not be subject to the new SOL provided you apply for a permanent GSM visa prior to 31 December 2012.

Q 3    I applied for subclass 485 visa on or after 8 February 2010. When it is granted, can I apply for a permanent General Skilled Migration Visa?
Yes. If, however, you apply for a permanent GSM visa after mid-2010 you will need to nominate an occupation that is included on the new Skills Occupation List (SOL). If your nominated occupation is not on the SOL then youmay wish to seek sponsorship from an employer and apply under the Employer Nomination Scheme (ENS) or Regional Sponsored Migration Scheme (RSMS) visa categories.

Q 4    When will I know if my occupation is on the new SOL?
The new SOL will be announced by 30 April 2010 and will take effect in mid-2010.

Q 5    Do I have to leave Australia when my subclass 485 visa expires?
Yes, unless you hold another visa to remain in Australia.

Q 6    Can I get a new skill assessment in a different occupation from the occupation I nominated in mysubclass 485 visa so I can lodge my permanent GSM application?
Yes. You can nominate a different occupation in yourpermanent GSM application from your subclass 485 visa. You must also ensure that you meet all other requirements for the visa class for which you made an application. It is important to note that your qualifications obtained in Australia must be closely related to yournew nominated occupation and you obtain a skills assessment in your new nominated occupation.

Q 7    When applying for a permanent GSM visa, can I change the nominated occupation stated on my current subclass 485 visa as this occupation is not on the new SOL?
Yes, however, your qualifications obtained in Australia must be closely related to your new nominated occupation.

Q 8    I've just started studying in Australia, will I still be able to apply for a GSM visa when I finish my studies?
You will be able to lodge a Skilled-Graduate (subclass485) visa application when you complete your studies if your nominated occupation is on the SOL that existed before mid-2010, provided you satisfy other visa criteria and you hold a:

• Vocational Education and Training Sector (subclass5 72) visa
• Higher Education Sector (subclass 573) visa, or
• Postgraduate Research Sector (subclass 574) visa,and
• apply before 31 December 2012.

If you wish to apply for a permanent or provisional GSM visa after you complete your studies you must meet the criteria applicable at the time you apply. Requirements for particular visa classes change from time to time and it is important that you ensure you meet all criteria before you lodge your application.

Q 9    After completing my studies in Australia, can I go offshore and get work experience and then apply foran offshore GSM visa?
Yes, if your nominated occupation is on the new SOL you can apply for an offshore GSM visa; however, you will need to satisfy all other criteria to be granted a GSM visa. All applicants are encouraged to carefully consider whether or not they meet the criteria for a visa prior tomaking an application. 

Q 10    Can I change my course of study as the occupation I intended to nominate is not on the new SOL?
Students are encouraged to undertake study in a field they intend to work in once they graduate. It is strongly advised that you do not undertake studies with the sole purpose of obtaining a migration outcome. The student visa process is an entirely separate process to skilled migration and there is no guarantee that a student will be eligible for skilled migration purely on the basis of having undertaken a course related to an occupationon the SOL. The SOL can, and does, change in light oflabour market needs in Australia. There is no guarantee, therefore, that if a student switches courses now, their new nominated occupation will remain on the SOL at the time they complete their studies.The Australian Government wants a targeted, high value,demand-driven, skilled migration program that is responsive to the needs of the Australian labour market. As these needs change rapidly, the skilled migration program will be adjusted accordingly. Students who wish to change their course of study before they have completed six months of study of their principal course may need to obtain a letter of release from their education provider. Students are therefore advised to discuss any plans to transfer courses withtheir education provider in the first instance.

Q 11    I was planning to study in Australia, what do these changes mean for me?
The changes to the GSM program announced by the Australian Government do not affect the requirements a student must meet to study in Australia. On completion of your study in Australia you may wish to apply for a visa to enable you to remain in Australia and work. This is an entirely separate process from your student visa arrangements. If you wish to remain in Australia after you complete your studies you will needto be granted another visa. Please be aware that you must satisfy the criteria for this latter visa that exists when you make your application.

Q 12    I applied for an onshore GSM visa prior to 1 September 2007. Will my application be subject to the capping and ceasing arrangements announced by the Minister on 8 February 2010?
No. If you lodged an application for a GSM visa prior to1 September 2007 your current application will not beaffected. Your application will be processed under the arrangements and legislation in place at the time you applied, however, it will still be subject to the currentpriority processing arrangements.

Q 13    I got married after I lodged my onshorepermanent GSM application. My spouse is overseas. How can they join me?
If your spouse wishes to visit you they may apply for a visa to come to Australia.

Source: Department of Immigration and Citizenship (DIAC)

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