Changes to MODL - 8 Feb 2010

[Welshtone]

Hi Tony

 

Am i missing something. I do not read anything within this that specifies you still get the 15points. This specifies the skills that have been dropped. Or am i missing something?

 

Regards

 

Hi Neil

 

The new Instrument revokes the old MODL, so no more 15 points for anyone. It then re-instates it for on-shore GSM visas where the applicant applies for the GSM visa prior to 31/12/2012 AND where a 485 visa was held or had a pending 485 application as at 7th February 2010. so the 15 MODL points will still be available to some on-shore GSM applicants. This MODL will also still be used for Priority processing for all other GSM applications while the CSL is still in existence.

 

Regards

 

 

Tony Coates

[cartertucker]

Also, i have checked sites of other states, but there isn`t any news about today`s changes...

 

 

Thankyou for the information from Victorias web page....:yes:

 

 

I keep checking on WA site to see if they have made any announcement, but nothing, as yet....:eek:

If only we knew how long this list may take

[thewebweazel]

Is it correct to say that if you are willing to wait the 3 years, there is still an oppertunity to submit an application, having enough points with an occupation on the OLD SOL before the NEW SOL comes in mid 2010?

[mlsdq]

You might be right. But States can only propose such lists. And only the minister and the minister along will decide who these lists will include. Do you see the difference?

 

"King of priorities"

 

 

AND... if such occupation is not included in the list (hence its removal from the State's SOL) and you have your sponsorship, then they will sponsor for that occupation, which we could assume only a "few" occupations were taken out from the recent SOL, so it's not a big damage in the part of applicants and to DECENTLY clear the backlog too. States are part of these changes and they don't want to just scrap those people they wanted long time ago.

 

Minister must know that States know better who and how many applicants they need. But gawd, Minister must be at least fair, otherwise being at cat 5 will lead us to VAC refund due to pending applications for ages!

 

But hopefully, this is the case. Think positive.

[mlsdq]

I think soon we'll face even more devastating measure like this:

 

Certain occupations may be capped to ensure skill needs are met across the board.

 

Amendments to the Migration Act will be introduced this year to give the Minister the power to set the maximum number of visas that may be granted to applicants in any one occupation if need be. This will ensure that the Skilled Migration Program is not dominated by a handful of occupations.

 

 

Guess who is going to suffer most??

Shi....t always comes in great numbers and stinks to the whole world.

 

DAMN! then my HOPE will be gone for sure. TOO much MESS already! Worst thing that happened in my life. Giving up what you have in the name of Australia FOR NOTHING!

 

Well, I'm prepared to whatever evil will come on April 2010. Let's all hope.

Goodluck to all of us!

[Paul1Perth]

I heard on the radio this morning that the changes are aimed at stopping students (sounds like mainly from India) coming over on bogus courses and then qualifying and wanting to then get permanent residency. Some of the courses mentioned were hairdressing, cookery and bookeeping.

In my opinion this can only be a good thing. There are plenty of unemployed Australian schooleavers who could take up these positions without importing people.

Pity the UK didn't have these sort of checks over the years. Maybe there wouldn't be so many poms queueing to get out here.

[cazhoney]

Hello everyone,

 

I know everybody here is just trying to understand how the changes affect each one of you, but I would like to share my situation....

I have applied for a 175 visa, non CSL, non MODL. So, today, I am number 7 priority.

 

I have asked for a State sponsorship for NSW on JAnuary 29th, 2010, hoping to move from number 7 to number 5 priority.

 

So now I´m wondering: if they will create new state lists, how will my application be processed by NSW?

 

If I receive a sponsorship before the state plan is approved, will I be number 2 or number 5 priority? :arghh:

 

What I do know today is that receiving a state sponsorship today won´t be worse than my actual situation.

 

I would be happy (or less anxious) if anybody could share some thoughts with me....:wubclub:

[matjones]

Hello everyone,

 

I know everybody here is just trying to understand how the changes affect each one of you, but I would like to share my situation....

I have applied for a 175 visa, non CSL, non MODL. So, today, I am number 7 priority.

 

I have asked for a State sponsorship for NSW on JAnuary 29th, 2010, hoping to move from number 7 to number 5 priority.

 

So now I´m wondering: if they will create new state lists, how will my application be processed by NSW?

 

If I receive a sponsorship before the state plan is approved, will I be number 2 or number 5 priority? :arghh:

 

What I do know today is that receiving a state sponsorship today won´t be worse than my actual situation.

 

I would be happy (or less anxious) if anybody could share some thoughts with me....:wubclub:

 

Your NSW application will be processed based on whatever assessment critera exist at that time. If this throws you into Cat 5, then most of us on here assume that there would be an easy pathway to Cat 2, should you also meet the requirements for the new state plan.

[Paul1Perth]

Hii Neil

 

The guts of Tony's reply to me is that if you have not already made your visa application - which you clearly have not - then you will lose the 15 MODL points that you might have been counting on.

 

To say that such an outcome is both bloody silly as well as illogical if someone is on the CSL goes without saying. The same thing is happening to Nurses as well, to judge from the numbers of both IT people and Nurses on the forums today.

 

To take it to its logical extreme, the Brain Surgeon. If he is under 35, the loss of the MODL points won't matter to him because he'll get at least 120 points anyway, which is enough for the sc 175 visa. However if he is 35 or over then the older Brain Surgeon won't get enough points for a sc 175 visa unless he wastes time trying to make his writing legible so that he can pass the IELTS with flying colours.

 

Therefore whilst the Brain Surgeon applies for State sponsorship somewhere in order to get round the problem, Aussies who need Brain Surgery urgently won't be able to get it unless the younger migrant has a go at it himself. Since the older man - who has been at it for longer - is bound to have more exoerience than the younger doctor, it seems to me that Minister Evans is willing to risk the lives of Australians for the sake of his own ideologies....

 

Cheers

 

Gill

 

Oh come on, the older brain surgeon would be able to pay his way, retire out here and sail his yacht round Sydney harbour for the next few years. lol.

It was almost the same when we emigrated in 92. We only just made it as I was in my late 30's.

You wouldn't want the same rules as the UK would you? or Australia would be just as bad as there.

[Paul1Perth]

To Cazhoney,

Are you really in Brazil? What's wrong there?

[matjones]

A good article which explains the education/immigration dilemma:

 

http://www.smh.com.au/opinion/politics/breaking-nexus-of-greed-and-need-20100208-nnbr.html

[Guest sagar]

Hi Gill....

 

I am 475 SS Non Csl

Logded file in OCT 2008

Med and PCC Uploaded without Demand of CO...

 

Will I am not affected by any type of changes and i will get my visa soon?

 

From discussions here and there Is it true that Soon i will get my visa?

 

Is State sponsored are having max Priority now instead of 23 sep changes?

 

Please consider my case and answer me...

 

Thanks

SAGAR...

[Guest Gollywobbler]

Hi Gill....

 

I am 475 SS Non Csl

Logded file in OCT 2008

Med and PCC Uploaded without Demand of CO...

 

Will I am not affected by any type of changes and i will get my visa soon?

 

From discussions here and there Is it true that Soon i will get my visa?

 

Is State sponsored are having max Priority now instead of 23 sep changes?

 

Please consider my case and answer me...

 

Thanks

SAGAR...

 

Hi Sagar

 

The ONLY people who can tell you whether or not your visa is likely to be finalised any time soon are the people at the ASPC.

 

Nothing happened on 8th February that means that you have to do anything. Just sit tight till further information is known - which may not be before the end of April 2010.

 

Cheers

 

Gill

[McKlaut]

Here what I received from WA regarding their State Plan:

Dear ,

 

Currently negotiations are underway for the State Migration Plan and the website State Migration Centre will be updated with relevant information as soon as it is available. Please keep yourself up to date with the information on the website.

 

I hope this has been of assistance.

 

Regards

[McKlaut]

Hello Gill,

 

Is the new priority processing going to affect even those in very final stages? I mean DIAC initiated internal checks on me and I fulfill all other requirements (Meds + PCC all done and clear).

 

Regards,

Bilal

 

Yes.

I just hope they won't stop finalising cat5 this migration year when state plans are available.

[McKlaut]

A good article which explains the education/immigration dilemma:

 

Immigration Through Education

 

Interesting article but it doesn't mention why 20000 people have lost their applications. Just because their different checks are not completed yet?

Or maybe because their local governments did not answered to Aus inquiries about their security checks. So, what now? People, who want to escape from unfair and sometimes cruel country cannot do that all because its gov. doesn't allow them. Stop.

Were are freedom and humanity? Were are the human rights?

[WAITINGGAME]

What do I need to do now?

 

We will always notify you immediately of any updates or changes that will affect you or your application, so we would appreciate your patience during this difficult time.

 

Many thanks,

 

 

 

Hi Waiting Game,

 

I am in the same boat as you, your just a month ahead of me. I to received the same email you have from my agent but (probably cos its monday and I am still trying to wake up from the weekend) I still cant make heads or tails of the announcement.

 

I did however read up regarding the State's trying to come to an agreement with DIAC, perhaps this could provide us with some hope for the future.

 

In any case, its back to waiting again. :arghh:

 

Cheers

 

Matt

 

Hi Matt

 

To be honest i cant make head nor tail of it all, doing my head keep readying on here but none of us really no until the new list comes out to see whats gonna happen so at the moment were not any worse off so that will do me for now.

 

Were abouts are you now, am in Littleborough Rochdale so not too far from me.

 

How have you found your agent Visa Bureau, they have been really helpful to me and get back to you straight away with any questions

 

Take Care and good luck

Lindsey

[Guest Gollywobbler]

Interesting article but it doesn't mention why 20000 people have lost their applications. Just because their different checks are not completed yet?

Or maybe because their local governments did not answered to Aus inquiries about their security checks. So, what now? People, who want to escape from unfair and sometimes cruel country cannot do that all because its gov. doesn't allow them. Stop.

Were are freedom and humanity? Were are the human rights?

 

Hi McKlaut

 

Several points to make, I think:

 

1. I think it is absolutely OUTRAGEOUS that the Minister should suddenly use these "cap & cease" provisions in this situation. He himself has told DIAC - who have repeated it on their website within the last 12 months - that this power would only be used by him in "exceptional circumstances."

 

Australian Immigration Fact Sheet 21. Managing the Migration Program

 

When you read the man's press release, however, the excuses he gives for his actions do not amount to "exceptional circumstances" in my book:

 

Migration reforms to deliver Australia's skills needs

 

According to the Press Release, Minister Evans has taken this step because he does not agree with the alleged laxity shown by Parliament under a Liberal Government. So - he is using 20,000 applications - which he admits is more than 20,000 applicants - as nothing but political pawns, for a start.

 

I think it is pretty clear that the Minister has seen a simple, expedient way of reducing the GSM backlog by 20,000 applications.

 

Tony Coates said yesterday that this particular power (S39 of the Migration Act) is an absolute power and that the Minister does not have to justify using it as far as the Law is concerned. That is as maybe but this man is on a moral loser according to me.

 

2. Tony says that he reckons it is not lawful to use S39 where the subclass 496 visa is concerned anyway. If so, good and I hope that at least 10,000 of the 20,000 applications can therefore be rescued by lawyers.

 

3. Tony also points out that it is a bit stupid and short sighted to use this provision with the subclass 138 visa as well because that visa requires a family sponsor. Many of the family sponsors are Australian Citizens. The law in Australia insists that every Australian Citizen must cast a vote in the forthcoming General Election. If I were the sponsors I would not vote Labor when a Labor Government has treated a family member of mine in such a disgraceful fashion. I'd be garnering support for my anti-Labor stance from everyone else I could find, too.

 

So with a bit of luck the Minister might re-think his politically stupid and socially oboxious idea with the sc 138 visa as well. If two of the visa subclasses can be knocked out, there will be screams of "Discrimination" if he proceeds with his plans to scrub any of the other applications, methinks.

 

4. You have said:

 

Just because their different checks are not completed yet?

Or maybe because their local governments did not answered to Aus inquiries about their security checks.

 

In my opinion, both arguments are specious. I read the other day in an Aussie paper that some of the Sri Lankan boat-people who effectively hi-jacked the Aussie Customs boat in 2009 now have Permanent Residency in Oz as Refugees and that the others are not far from getting PR. SO - did the Aussie embassy in Colombo plus the local Sri Lankan authorities work with lightning speed for these boat-people when apparently nobody can do that for a regular migrant from an HR country? I don't think so.

 

I know of two cases where the ASPC have claimed to the applicant that "external checks" have not been completed. In both cases, the applicants contacted the Aussie Embassies in their own countries. The first Embassy said that no checks have ever been requested from them by the ASPC. The second Embassy said that they replied to the ASPC more than 6 months ago and that the ASPC have not sent them any further requests since. It looks to me as if the Commonwealth Ombudsman should find out whether the ASPC people are reallly tellling the truth, I suspect. If all 20,000 follow this precedent, I think DIAC will have to take a VERY close look at the notion that the public might discover that DIAC are not truthful towards HR applicants. If I were the Minister, I wouldn't want that risk.

 

Cheers

 

Gill

[cartertucker]

And heres the reply I have had from WA State migration centre this morning......:frown:

 

 

 

The new State migration plan is expected to be published in the beginning of the next program year which is 1st of July, 2010.

 

At this point of time we are not able to commit to the occupations that will be included in the plan.

 

I hope this has been of assistance.

 

Regards

 

 

State Migration Centre

Government of Western Australia

[Guest Gollywobbler]

Hi Kelly

 

Thanks for the information from WA.

 

God what a mess. The slowest State won't even have its new State Migration Plan before the start of the 2010/2011 Program Year, it now seems.

 

Joined up thinking and Senator Chris Evans seem to me to be mutually exclusive terms.

 

Cheers

 

Gill

[capetosydney]

And heres the reply I have had from WA State migration centre this morning......:frown:

 

 

 

The new State migration plan is expected to be published in the beginning of the next program year which is 1st of July, 2010.

 

At this point of time we are not able to commit to the occupations that will be included in the plan.

 

I hope this has been of assistance.

 

Regards

 

 

State Migration Centre

Government of Western Australia

 

This is what I suspected all along. From now till July very few new appl will be lodged due to uncertainty, so it allows DIAC to clear some of the backlog, and allows for some sort of new methodology to be introduced by DIAC and states to build capacity without rush of current applicant converting to SS.

[Guest alixir]

Hi Welshtone, I was slightly confused by your opening paragraph, especially this bit:

 

"but only certain applicants, who apply after 07th February 2010, can now score the extra 15 points. The CSL has not changed and if you apply on or after 08 February 2010 and nominate an IT specialisation on MODL, you will get Priority processing for being on the CSL, eventhough you no longer score the 15 points for MODL"

 

So if I'm applying with the specialisation of Internet/Network/Firewall security which is on the MODL and linked off the CLS, does this mean I get the 15 points if I apply within the next month? You're saying I can get the 15 points and then say that the 15 points are no longer valid? Have I misunderstood your information?

[Carlos fandango]

This is what I suspected all along. From now till July very few new appl will be lodged due to uncertainty, so it allows DIAC to clear some of the backlog, and allows for some sort of new methodology to be introduced by DIAC and states to build capacity without rush of current applicant converting to SS.

 

But would it not be the case that for those who make an application now, and have been given State Sponsorship now (that is after 8th Feb and before April/July 2010), this application should be honoured by the DIAC and the respective state.

 

Carlos

[capetosydney]

But would it not be the case that for those who make an application now, and have been given State Sponsorship now (that is after 8th Feb and before April/July 2010), this application should be honoured by the DIAC and the respective state.

 

Carlos

 

SS will still stand I think, it is just the question of applicant being on migration plan list, which is probably gonna be higher priority than just 'plain' state sponsorship list. My guess is that state migration plan list will be sub-set of state list, and act as some sort of CSL replacement.

(all this is pure speculation on my part :cute:, just airing my views)

[McKlaut]

 

[/color]In my opinion, both arguments are specious. I read the other day in an Aussie paper that some of the Sri Lankan boat-people who effectively hi-jacked the Aussie Customs boat in 2009 now have Permanent Residency in Oz as Refugees and that the others are not far from getting PR. SO - did the Aussie embassy in Colombo plus the local Sri Lankan authorities work with lightning speed for these boat-people when apparently nobody can do that for a regular migrant from an HR country? I don't think so.

 

 

Cheers

 

Gill

 

Yes. This is what I'm talking about.

When DIAC assess suspecious boat people they don't expect anything or at least don't count on the answers from people's local gov.s.

But when it turns out for skilled lawfull migrants enomous checks are done and an applicant have to wait for up to a year while security checks are completed.

Ok. Nobody wants to get a criminal to his/her country but it's not an applicant's guilt that his/her native country doesn't respect the people's right for FREE movement. And there so many such countries in the world.

Now it looks rather easy for them to prohibit such emmigration or at least make it much harder because democratic countries don't really bother with the local problems.

I just hoped that Aussy a bit different so that they can set some procedures that take into account some specific obstucles made by dodgy goverments in exchange for good lawfull immigrants whose only aim is to live in a free and democratic country.