Guest Gollywobbler Posted December 2, 2009 Share Posted December 2, 2009 Hi All At the meeting with DIAC in London on Monday 30th November, we were told that DIAC & DEEWR have completed their MODL Review and they have sent the Minister a range of options to choose from. Andrew from Immigration 2 Oz chipped in at this point and I felt that his query was and is important but I don't know the legal basis for the issues surrounding the points, nor did Andrew and nor did Mr Wilden. On here, I suspect that George Lombard will know the answers without having to look up the law..... Fingers crossed, anyway! Andrew mentioned that there have been suggestions of removing some occupations from the MODL (mainly in order to make them less attractive to prospective International Students as far as I can gather.) There have also been suggestions about raising the points totals required for GSM visas. Andrew asked how likely it is that either of these possibilities will happen and if one or other of them does happen, will any changes on either front affect people who have already lodged visa applications? The Official Line (which they will plainly stick to) is that none of the changes so far are technically retroactively operative, even though they manifestly ruddy well are. The Official Excuse is that the pecking order for visa processing priority has been altered in the last 12 months - 3 times so far to be exact - but that none of these changes have involved altering the Migration Act so that technically they are not retroactive changes to the relevant law....... They will stick to this line so we just have to live with it. Whichever way they might dress up either a change in the points for a given occupation or a change in the points totals required for one or more of the visas, Mr Wilden said that what might happen (and in what sort of timescale) depends on the legal basis for how an occupation gets its points in the first place and on the legal basis for the points totals. He said that if changing one or both would involve altering the Migration Act then that would take at least a year to happen. However if one or both would merely involve altering the Migration Regulations, this could be done very quickly. What is the legal basis for how an occupation gets its points? What is the legal basis for the points totals? Andrew, Mr Wilden, Mrs Sansom and I agreed that none of us know the answers to these two questions. The DIAC website states categorically that if an occupation is on the MODL at the time of the application, MODL points will not be deducted if the occupation is later removed from the MODL before the time of decision but is that Policy or is it Law? Which is the third question here. Minister Evans is a free spirit when it comes to altering Policy at the drop of a hat (putting it more kindly than he deserves imho.) Can anyone explain these issues about the points, please? I would be immensely grateful because Andrew fears that this could be the next big bugbear and he might be right. Many thanks :notworthy: Gill Link to comment Share on other sites More sharing options...
George Lombard Posted December 2, 2009 Share Posted December 2, 2009 Hi Gill, First point is that irrespective of whether your occupation is withdrawn from the MODL after application, you still get the MODL points which would have been available to you on the date of application. Second issue is what happens to points etc if the SOL is changed during processing. I have a practical experience of this as we had a client who was assessed as a pilot and applied shortly before that occupation was removed from the SOL. DIAC had to process his application to finality as a matter of extreme urgency, since once the SOL was changed he would not then have an assessed occupation or relevant work experience. You have to assume though, given a change of this magnitude, that DIAC would think the transitional provisions through quite carefully so as to preserve rights, and that something would already be in the pipeline. Cheers, George Lombard Link to comment Share on other sites More sharing options...
Guest Bill_er_Bong Posted December 2, 2009 Share Posted December 2, 2009 The DIAC website states categorically that if an occupation is on the MODL at the time of the application, MODL points will not be deducted if the occupation is later removed from the MODL before the time of decision but is that Policy or is it Law? Interesting one this. I'd always been pondering these questions about MODL points, as there had been rumours of the wife's occupation being removed from the list. I felt safe when I read the DIAC website page that Gill mentions above. However, at the time of making the online application, I distinctly remember reading information during the application process itself, pointing out that MODL points MAY be withdrawn if not in force at the time of decision. I seem to remember it being somewhat ambiguous, leaving DIAC room for manoeuvre. I can't remember the exact wording unfortunately. Does anyone else know about this? Or have I got seriously mixed up? Link to comment Share on other sites More sharing options...
George Lombard Posted December 2, 2009 Share Posted December 2, 2009 Dear BB, No it's the law, in fact the Department explicitly changed the regulations to implement the decision in Aomatsu, one of the very rare incidences where they've just accepted the umpire's decision. Cheers, George Lombard Link to comment Share on other sites More sharing options...
SHANO7 Posted December 2, 2009 Share Posted December 2, 2009 Gill/George We applied for 175 Visa for hairdressing offshore . Awaiting WA SS to change to 176. Our concern was also that as we have 120 points at time of lodging and if im correct if we get SS would only require 100 pts whilst gaining 10 extra (130 pts for the SS ). A 30 points positive difference. If hairdressing came off we are concerend that we would lose a number of points ans laos what would happen if it came off prior to sponsorship being received. 1- Would our points total be effected 2- can a state sponsor an applicant for an occupation that is not on the MODL should it be removed. Regards Shane Link to comment Share on other sites More sharing options...
Guest Bill_er_Bong Posted December 2, 2009 Share Posted December 2, 2009 Gill/George We applied for 175 Visa for hairdressing offshore . Awaiting WA SS to change to 176. Our concern was also that as we have 120 points at time of lodging and if im correct if we get SS would only require 100 pts whilst gaining 10 extra (130 pts for the SS ). A 30 points positive difference. If hairdressing came off we are concerend that we would lose a number of points ans laos what would happen if it came off prior to sponsorship being received. 1- Would our points total be effected 2- can a state sponsor an applicant for an occupation that is not on the MODL should it be removed. Regards Shane Hi Shane, to answer [1], no you would not loose the points. The above posts clarify this. If your occupation was on MODL at time of lodgement though not at time of decision, then you WILL get those points anyway. Also, your date of lodgement would be when you lodged your 175, not when you switched to a 176. To answer [2], a state can sponsor any occupation on it's state sponsorship list irrespective of whether it is on MODL or not. Cheers BB Link to comment Share on other sites More sharing options...
Guest YJ WOO Posted December 3, 2009 Share Posted December 3, 2009 I wonder if MODL amendment completed and CSL would be phased out...what would be happened on MODL applicant who lodged before? Are they going to be treated in consequence? If there is one who applied in July 2007 under MODL and has been waiting until now....Should they wait more? Link to comment Share on other sites More sharing options...
SHANO7 Posted December 3, 2009 Share Posted December 3, 2009 Hi Shane, to answer [1], no you would not loose the points. The above posts clarify this. If your occupation was on MODL at time of lodgement though not at time of decision, then you WILL get those points anyway. Also, your date of lodgement would be when you lodged your 175, not when you switched to a 176. To answer [2], a state can sponsor any occupation on it's state sponsorship list irrespective of whether it is on MODL or not. Cheers BB Thanks BB Christmas might be relaxing after all:jiggy: Link to comment Share on other sites More sharing options...
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