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Changes to MODL - 8 Feb 2010


ptlabs

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What makes you say this?....:unsure:

 

I do hope its not the case....:frown:

 

im guessing its because right now we are status quo as there's no state migration plans yet.. so we have to wait till 2012..

think we can only find out whether we get to move up to cat 2 or remain in cat 5 is when this mysterious state migration plans are revealed..

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I haven't read all the changes yet. I am GOBSMACKED by the Minister's decision to use the cap & cease provisions for all GSM applications made before 1st September 2007, including those which are presently at the MRT. The man must be mad.

 

Well, having cap & cease for 2007 only does one thing.... sets a precedent...

this means that the same can be implemented for 2008 and 2009 applicants at some point in the future should he desire. This is a great way for them to remove the backlog of applicants. Admittedly I would be pi**ed if it happened to me, but at least they are refunding. I wonder how many people this actually applies to? Maybe the cap is high enough to include everyone who is outstanding in this group (no one will be rejected and no one pissed), and is just a backhanded way to set precedent.

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Well, having cap & cease for 2007 only does one thing.... sets a precedent...

this means that the same can be implemented for 2008 and 2009 applicants at some point in the future should he desire. This is a great way for them to remove the backlog of applicants. Admittedly I would be pi**ed if it happened to me, but at least they are refunding. I wonder how many people this actually applies to? Maybe the cap is high enough to include everyone who is outstanding in this group (no one will be rejected and no one pissed), and is just a backhanded way to set precedent.

 

if you read this article it states about 20000 are affected!

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I guess all of us with a 176 application in the queue will be hoping that our "profession" will be on an approved state plan and will then all have to scrabble to apply. No doubt there will be a maximum number available?

 

More hoops to jump through

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Guest Gollywobbler
Have anyone read when will be state migration plan released? I am not sure whether i miss someting or they haven`t said jet. But old sept. cat5 will be either in cat2 or cat5 but both have priority processing, right?

What do you thing will new state migration plan contain of all occupations in demand for that state by limited number or it will be just certain occupation?

 

Hi Bebac

 

Nobody knows when the new State Migration Plans will be produced. How long they will each take to thrash out depends on how ambitious they are, I suspect.

 

I think that we will see two Lists for each State. The first list will be the State Migration Plan. The second list will be the ordinary State sponsorship list. There is no point in giving the States two categories each unless there are going to be two lists for each State as well, I suspect.

 

Cheers

 

Gill

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Incidentally, it seems that hairdressers are being picked on the worked points example given in this linked document.

 

http://www.immi.gov.au/skilled/general-skilled-migration/pdf/faq-points-test.pdf

 

I think that this indicates the way that policy is moving in.

 

I'm glad that they highlighted the fact that the current system turns away highly educated professionals, because they fall short in the current points system, yet allows hairdressers in. No offense to hairdressers, but I don't think the shortage of hairdressers could seriously affect the future development and prosperity of Australia. It just means you might have to wait 2 weeks instead of 1 week for a hairdo appointment.

 

Now where is the emoticon that says "goes into hiding, cowering from scissor wielding blood thirsty hairdressers" :wink:

 

Having said that Hairdressers may turn up on the new SOL and my view could be entirely wrong.

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Guest grooovy
Well, having cap & cease for 2007 only does one thing.... sets a precedent...

this means that the same can be implemented for 2008 and 2009 applicants at some point in the future should he desire. This is a great way for them to remove the backlog of applicants.

 

This is what really concerns me the most! Selfishly, now I am in Category 7, so... who knows what might happen in the future. :frown:

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Guest HoriFTC

I not even understand the difference between the new priority processing groups 2, 3 and 5:

 

 

"2. Applications from people who are nominated by a state/territory government agency under a state migration plan agreed to by the minister.

 

 

3. Applications from people who are nominated by a state/territory government agency and whose nominated occupation is on the Critical Skills List (CSL).

 

 

5. Applications from people who are nominated by a state/territory government agency whose nominated occupation is not listed on the CSL. "

 

I can not imagine that applicants with SS and occupation on the CSL will have less priority, than applicants with "only" SS - so for me is not automatically that currently cat 5 applicants move up to cat 2 from tomorrow on.

 

I am very interested in the content of a "state migration plan", when will they published - and how will the states decide who will be nominated by them under the own state migration plan (cat 2) and who will be nominated without beeing on it.

 

Maybe no State Migration Plan will be published or agreed to by Chris Evans (and so no cat 2 applicants will exists) even before the CSL will be revoked later in 2010, when priority processing groups 3, 4 and 5 should cease, as the CSL will not exist any more?

 

 

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Guest Gollywobbler
Hi Gill so does this effect you if you was 39 when application was lodged and now 41

cheers Tania

 

Hi Tania

 

No - the main applicant's age "freezes" as soon as the visa application is lodged.

 

Current age will make a difference to the people whose present applications will be capped and ceased. They may have been under 40 when they applied for their first visa. If they decide to make a new application, they may be over 40 now. This might mean that some of them can't get enough points now, either.

 

I believe that this won't affect you, though, because your visa was not applied for until after 1st September 2007?

 

Cheers

 

Gill

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i think the cap & cease method is very unfair, esp since there has been a delay of almost 3 years. Was the department sleeping all these years. I guess that these affected applicants will approach the court and get this order revoked. especially since the applications were put with good faith in a hopefull just system. A system which has now become totally unfair ( esp with backdating legistlation and priorities, while not providing refunds and compensations for excessive delays). application thru agent would also cost money in fees etc.. who would refund that.... this is just bad .... feel soo sorry for these poor fellows..

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Hi Tania

 

No - the main applicant's age "freezes" as soon as the visa application is lodged.

 

Current age will make a difference to the people whose present applications will be capped and ceased. They may have been under 40 when they applied for their first visa. If they decide to make a new application, they may be over 40 now. This might mean that some of them can't get enough points now, either.

 

I believe that this won't affect you, though, because your visa was not applied for until after 1st September 2007?

 

Cheers

 

Gill

 

Hi Gill, Thank you my heart missed a beat then so I'm still in Cat 5

Tania

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Guest Gollywobbler
Thankyou for your time in replying to this news.....It is much appreciated by all of us....:notworthy:

 

I am really pleased to read that the states are going to get more say in who 'they need'....

But im left wondering if those that already have SS will be top of the queue, or will their be a new queue?.....:unsure:

 

Hi Kelly

 

I'm guessing but I think the way it will work is as follows:

 

For the moment there are no new State Migration Plans, so I think the oridinary State sponsrorship lists will continue to apply. So will the current priority - Cat 5. The non-CSL Cat 5s won't be any worse off than now.

 

There will eventually be two lists per State, I reckon. One will be the State Migration Plan, which will double as the State MODL for that State. Sydney does not need Brickies but Perth does, for example. If the main applicant's occupation is on the State Migration Plan for his sponsoring State, he will move up to the new processing priority Cat 2 and his application will then be processed really quickly.

 

In addition, each State will have a new State sponsorship list. Getting the people with occupations on that out to Oz will still be important but not as important as getting the people on the State Migration Plan out to Oz asap. These people will remain in priority processing Cat 5.

 

I don't think any of the Lists will be altered as far as the public are concerned until the new SOL is announced - which we are told will happen on 30th April at the latest. The Minister is likely to insist that current occupations on the CSL go into most (if not all) State Migration Plans.

 

Each State will definitely end up with tw different lists, I reckon, because each State will also have two different processing priorities.

 

One of the problems with the current CSL is that it claims that every type of Health Professional and most types of Engineer are needed everywhere in Australia. Which is rubbish. Sydney does not need the Health Professionals, even though other State capitals might need them. Sydney definitely doesn't need Mining Engineers either. There are no mines in the middle of Sydney. So a nurse or a Mining Engineer could use the current CSL in order to get to Oz quickly on a subclass 187 visa. In Oz, they both head for Sydney. Where the only job that either of them can get is by driving a taxi. It is ridiculous as things stand at present.

 

Cheers

 

Gill

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Can any one explain me what happned with current CSL?

 

 

they are still going to be used to determine the priorities of existing applications. these are not going to impact existing applications

 

 

I Quote

 

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 the

labour market.

 

2 My nominated occupation is currently on the CSL.

Will I continue to receive priority processing?

Yes, priority processing arrangements for applications

for permanent skilled migration will continue until they

are reviewed in mid-2010. More information on the new

arrangements will be provided closer to this time on

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Good Morning Everyone - Operative text of the DIAC announcement this morning including links to the DIAC website:

 

Operative text is as follows:

 

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.

 

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 -

http://www.immi.gov.au/skilled/general-skilled-migration/pdf/csl-gsm.pdf

• Changes to the current Skilled Occupation List -

http://www.immi.gov.au/skilled/general-skilled-migration/pdf/faq-sol.pdf

• Changes to offshore General Skilled Migration visa

applications received before 1 September 2007 -

http://www.immi.gov.au/skilled/general-skilled-migration/pdf/faq-offs...

• Outcomes of the Migration Occupation in Demand

List review—frequently asked questions -

http://www.immi.gov.au/skilled/general-skilled-migration/pdf/faq-modl...

• General Skilled Migration Points Test Review -

http://www.immi.gov.au/skilled/general-skilled-migration/pdf/faq-poin...

• Onshore international students—frequently asked

questions - http://www.immi.gov.au/skilled/general-skilled-migration/pdf/faq-onsh...

• Changes to Priority Processing -

http://www.immi.gov.au/skilled/general-skilled-migration/pdf/priority...

 

 

 

 

 

Cheers,

 

George Lombard

 

www.austimmigration.com.au

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Hi everybody.

 

Wanna say first of all, that I feel really sorry for those lodged before 01/09/2007. I wish the minister feels the same, but I guess he's not human and cannot sence the depth of pain he caused.

 

Secondly, I think the minister has just sat a new policy of taking and capping. It might have a long lasting consequences. Nevertheless, I hope we'll hear about court sues from affected people. God on your side!!

 

Then, I don't really understand what the purpose for states to have 2 lists is. If they sponsor people then it's obvious they want to see them soon. Not just after 3 years of waiting but almost right now. I know minister wants be a center guy who aproves everything in the Aus little world, but states do not need two lists. It's just stupid!

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