Migration Australia

Changes to the Migration Occupation in Demands List

It has been brought to our attention that a number of students have raised concerns with the Perth Institute of Western Australia regarding rumours of possible changes to the Migration Occupations in Demands List (“MODL”). In particular there have been rumours that the cooking and hairdressing occupations may be removed from the MODL.

1. Changes to the MODL

The MODL lists those occupations identified by the Department of Education, Employment and Workplace Relations (“DEEWR”) that are in short supply in Australia. The list of occupations on the MODL is reviewed and updated by DEEWR approximately twice a year depending on market and employment conditions in Australia. We understand that an updated MODL is expected to be released within the next couple of months. The final list of what occupations are included in the updated MODL will not be known until the list is officially published by DEEWR. As such, it is not possible to advise whether or not cooking, hairdressing or any other particular occupation will be on the MODL in the future. As such, it is important that students be careful and take advice before making decisions which may
affect any future visa application a student makes.  

2. Changes to Skilled Migration processing

The Department of Immigration and Citizenship (“DIAC”) recently made changes to the way in which it prioritises Skilled Visa applications which have already been lodged and those which will be lodged in the future. DIAC advised that priority processing will be given to applications which are employer sponsored, state and regional sponsored and business skills visas or those  occupations listed Critical Skills List (“CSL”).  Please note that the CSL does not replace the MODL. Applications made on the basis of an occupation listed in the CSL will however be processed as a priority over applications lodged on the basis of an occupation only on the MODL or only on the Skilled Occupation List. Those people nominating occupations on the CSL will be given processing priority. It should be noted that the recently announced changes in processing priority do not impact on
the application requirements for General Skilled Migration. The points test and requirements for General Skilled Migration have not changed. Students studying in courses leading to qualifications suitable for occupations on the Skilled Occupation List will still be eligible to apply for General Skilled Migration. Students will also still be eligible for additional points on the points test if that occupation is listed on the MODL.  At this point in time the Skilled Occupation List and Migration Occupations in Demand List have not changed.

3. What happens if my occupation is removed from the MODL

A number of students have chosen to study particular courses because they are currently listed on the MODL so that they get extra points to count towards the points test for General Skilled Migration. Students should however keep in mind that there a number of different avenues which may be available to them for obtaining an Australian permanent resident visa. They may also have a number of different options for obtaining additional points other than nominating an
occupation on the MODL.For example, students could consider whether they are eligible to apply for a Skilled Sponsored Visa. The Skilled Sponsored Visa only requires that the applicant obtain 100 points on the points
test. The applicant will also obtain additional points for being sponsored by the West Australian State Government in addition to those that may have received for an application for a non sponsored General Skilled Migration visa. To be eligible to be sponsored by the West Australian government an applicant needs to nominate an occupation on the WA Priority Skills List. The WA Priority Skills List includes occupations which may not be on the MODL.
It should also be noted that if a student receives WA State Government sponsorship their application will, under DIAC’s new priority processing arrangements, be processed as a priority over applications which have nominated an occupation on the MODL. Students should remember that even if an occupation is not on the MODL, there may be other options available and students should investigate all the available options before making decisions about their future. Please note that the above information should not be regarded as legal or migration advice of any kind and students are strongly urged to seek professional, informed advice from a Registered Migration Agent about their visa options as each case will depend on the individual facts and circumstances.