Visas & Advice Detail
Changes afoot down under
Important regulation changes have been proposed which could limit your ability to emigrate. John Adams gives his comments.
Registered migration agent John Adams seeks to explain the proposed changes, how they may affect you and how by acting now you can safeguard your migration options
The Migration Occupations in Demand List (MODL) – which 73% of skilled independent migrants rely upon to get their visa – is set to undergo a major overhaul. The MODL is a list of skilled occupations which Australia has a shortage of, and migrants with skills in these fields are awarded extra points to meet the visa pass mark.
The Australian Department of Immigration and Citizenship is currently undertaking a comprehensive review of the MODL. A report has been released which highlights a number of key changes being considered. These include:
- A new MODL to replace both the existing MODL and the Critical Skills List (CSL) – the list of occupations eligible for priority processing.
- The number of occupations on the new MODL to be significantly cut from the 106 occupations currently listed to more likely resemble the CSL (with only 55 occupations).
This proposed MODL changes (which could possibly happen before the end of the year) may result in a number of prospective migrants no longer being eligible for extra MODL points and therefore unable to reach the pass mark for a Skilled-Independent visa. Below are a number of case studies detailing how the proposed changes are likely to impact various groups of applicants in applying for skilled independent migration (visa subclass 175). Please note these case studies assess the proposed MODL changes on the typical British migrant and do not take account of other factors on the points test that for the vast majority of UK applications do not apply.
Scenario 1:
40-44 years old with minimum three years relevant work experience in the last four.
Currently on the MODL – Is eligible for a skilled independent visa by passing the IELTS English test* and having at least the period of work experience above.
Taken off the MODL – No longer eligible for a skilled independent visa as unable to meet pass mark.
Scenario 2:
35-39 years old with minimum 1 years relevant work experience in the past 2
Currently on the MODL – Is eligible by either passing the IELTS English test * or having worked for at least 3 of the last 4 years in their skilled occupation.
Taken off the MODL – No longer eligible for a skilled independent visa as unable to meet pass mark.
Scenario 3:
30-34 years old with minimum 1 years relevant work experience in the past 2
Currently on the MODL – Is eligible by either passing the IELTS English test* or having worked for at least 3 of the last 4 years in their skilled occupation.
Taken off the MODL – Now only eligible by passing the IELTS English test* and having worked for at least 3 of the last 4 years in their skilled occupation.
Scenario 4:
18-29 years old with minimum 1 years relevant work experience in the past 2
Currently on the MODL - Is eligible for a skilled independent visa.
Taken off the MODL – Now only eligible by passing the IELTS English test* and having worked for at least 3 of the last 4 years in their skilled occupation.
As these case studies show, having an occupation taken off the MODL in the proposed changes will most impact those who are aged over 35 and older. These affected applicants will in the future have to rely on state, employer and family sponsorships to fulfil their migration dreams. For those under 35, having your occupation removed from the MODL will result in needing to have both relevant work experience for at least three of the past four years and passing the IELTS English test needed to qualify for a skilled independent visa. Although there is no indication yet of what occupations will be deleted from the MODL, a considerable number are set to be removed.
If your occupation is on the current MODL it would be prudent to start the visa process immediately before the proposed changes take place. Also, if you are fortunate enough to have your occupation on the Critical Skills List, by applying now you ensure that you benefit from priority processing before the CSL is phased out. If you apply before the proposed changes are enacted your application will be processed under the existing MODL and CSL arrangements, even if regulations change while being processed by the Immigration Department.
Despite these proposed changes, Australia remains open for skilled migrants. It is just becoming a little more selective, and it appears state sponsorship will come to play an even greater role in UK citizens qualifying for skilled visas. For the majority of people who find after the proposed changes their ability to get a skilled independent visa gone, state sponsorship (visa subclasses 176 & 475) will still be available. This option does however limit where one can settle for their first two years in Australia.
With these proposed new regulations in the pipeline, it is important for anyone considering migrating to Australia to contact a Registered Migration Agent without delay to obtain advice on your current visa options and how the proposed changes may affect you.
* Note: British applicants are automatically awarded 15 English points due to their UK citizenship. If these applicants sit an International English Language Testing System (IELTS) examination and achieve the required results they are awarded 25 English points instead.
John Adams is the principal Registered Migration Agent of Immigration2oz.com.
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