MODL bonus-point eligibility restricted for new skilled-migration applications, with graduate-visa transition

Policy effect

From 8 February 2010, IMMI 10/001 revoked the general Migration Occupations in Demand List instrument IMMI 08/034 and restricted its replacement occupation list to a transitional group. For new General Skilled Migration applications outside that group, occupations were no longer specified as migration occupations in demand, removing access to the extra points attached to MODL status. The replacement list remained available for subclass 885 Skilled–Independent, subclass 886 Skilled–Sponsored and subclass 487 Skilled–Regional Sponsored applicants who, at commencement on 8 February 2010, either held a subclass 485 Skilled–Graduate visa or had applied for one and that application was not finally determined, provided their relevant 885, 886 or 487 application was made on or before 31 December 2012. The change applied prospectively to new GSM applications; it did not retrospectively remove MODL points from existing applications protected under the existing arrangements. This is one restriction of occupation-based points eligibility, not the later replacement of the Skilled Occupations List or the separately announced points-test review.

Conditions and exceptions

Validated condition or limit: The replacement list remained available for subclass 885 Skilled–Independent, subclass 886 Skilled–Sponsored and subclass 487 Skilled–Regional Sponsored applicants who, at commencement on 8 February 2010, either held a subclass 485 Skilled–Graduate visa or had applied for one and that application was not finally determined, provided their relevant 885, 886 or 487 application was made on or before 31 December 2012.; This is one restriction of occupation-based points eligibility, not the later replacement of the Skilled Occupations List or the separately announced points-test review.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

IMMI 10/001 Commonwealth of Australia Migration Regulations 1994 MIGRATION OCCUPATION IN DEMAND (REGULATION 1.03) I, CHRIS EVANS, Minister for Immigration and Citizenship, acting under the definition of migration occupation in demand in regulation 1.03 of the Migration Regulations 1994 (‘the Regulations’): 1. REVOKE Instrument Number IMMI 08/034 signed on 7 May 2008 specifying migration occupations in demand for the purposes of the definition of migration occupation in demand in regulation 1.03 of the Regulations; AND 2. SPECIFY each skilled occupation referred to in the Schedule to this Instrument as a migration occupation in demand for the purposes of the definition of migration occupation in demand in regulation 1.03 of the Regulations for applicants of Subclass 885 Skilled – Independent, Subclass 886 Skilled – Sponsored and Subclass 487 Skilled – Regional Sponsored visas who: (i) held a Subclass 485 Skilled – Graduate visa at the date of commencement of this instrument; or (ii) had made an application for a Subclass 485 Skilled – Graduate visa that is not finally determined at the date of commencement of this instrument; and who made their application on or before 31 December 2012. This Instrument, IMMI 10/001, commences on 8 February 2010. Dated 4 February 2010 CHRIS EVANS Minister for Immigration and Citizenship [NOTE: Regulation 1.03 provides that a migration occupation in demand means a skilled occupation that is specified by an instrument in writing as a migration occupation in demand.] Page 1 of 4 Federal Register of Legislative Instruments F2010L00297 Schedule MIGRATION OCCUPATIONS IN DEMAND ASCO Code Managers and Administrators Child Care Coordinator 1295-11 Engineering Manager 1221-11 Professionals Accountant 2211-11 Anaesthetist 2312-11 Architect 2121-11 Chemical Engineer 2129-17 Civil Engineer 2124-11 Computing Professional – specialising in C++/C#/C 2231-79 Computing Professional – specialising in Data 2231-79 Warehousing Computing Professional – specialising in CISSP 2231-79 Computing Professional – specialising in Java 2231-79 Computing Professional – specialising in J2EE 2231-79 Computing Professional – Linux 2231-79 Computing Professional – .Net technologies 2231-79 Computing Professional – specialising in Network 2231-79 Security/ Firewall/ Internet Security Computing Professional – specialising in Oracle 2231-79 Computing Professional – specialising in PeopleSoft 2231-79 Computing Professional – specialising in SAP 2231-79 Computing Professional – specialising in SIEBEL 2231-79 (especially Siebel Analytic) Computing Professional – Solaris 2231-79 Computing Professional – Unix 2231-79 Dental Specialist 2381-13 Dentist 2381-11 Dermatologist 2312-13 Electrical Engineer 2125-11 Electronics Engineer 2125-13 Emergency Medicine Specialist 2312-15 External Auditor 2212-11 General Medical Practitioner 2311-11 Hospital Pharmacist 2382-11 Mechanical Engineer 2126-11 Medical Diagnostic Radiographer 2391-11 Mining Engineer (excluding … 2127-11 Obstetrician and Gynaecologist 2312-17 Page 2 of 4 Federal Register of Legislative Instruments F2010L00297 Occupational Therapist 2383-11 Ophthalmologist 2312-19 Optometrist 2384-11 Paediatrician 2312-21 Pathologist 2312-23 Petroleum Engineer 2127-13 Physiotherapist 2385-11 Podiatrist 2388-11 Psychiatrist 2312-27 Quantity Surveyor 2122-11 Radiologist 2312-29 Registered Mental Health Nurse 2325-11 Registered Midwife 2324-11 Registered Nurse 2323-11 Retail Pharmacist 2382-15 Specialist Medical Practitioners (not elsewhere 2312-79 classified) Specialist Physician 2312-25 Speech Pathologist 2386-11 Sonographer 2391-17 Surgeon 2312-31 Surveyor 2123-13 Associate Professionals Chef (excluding Commis Chef) 3322-11(part) Dental Technician 3492-15 Tradespersons and Related Workers Aircraft Maintenance Engineer (Avionics) 4114-15 Aircraft Maintenance Engineer (Mechanical) 4114-11 Automotive Electrician 4212-11 Baker 4512-11 Binder and Finisher 4913-11 Boat Builder and Repairer 4981-13 Bricklayer 4414-11 Cabinetmaker 4922-11 Carpenter 4411-13 Carpenter and Joiner 4411-11 Cook 4513-11 Drainer 4431-15 Electrical Powerline Tradesperson 4313-11 Electrician (Special Class) 4311-13 Electronic Equipment Tradesperson 4315-11 Fibrous Plasterer 4412-11 Fitter 4112-11 Floor Finisher 4423-11 Furniture Finisher 4929-13 Page 3 of 4 Federal Register of Legislative Instruments F2010L00297 Furniture Upholsterer 4942-11 Gasfitter 4431-13 General Electrician 4311-11 General Plumber 4431-11 Hairdresser 4931-11 Joiner 4411-15 Landscape Gardener 4623-13 Lift Mechanic 4311-15 Locksmith 4115-15 Mechanical Services and Air-conditioning Plumber 4431-19 Metal Fabricator 4122-11 Metal Machinist (First Class) 4112-13 Motor Mechanic 4211-11 Optical Mechanic 4999-11 Painter and Decorator 4421-11 Panel Beater 4213-11 Pastry Cook 4512-13 Pressure Welder 4122-13 Refrigeration and Air-conditioning Mechanic 4312-11 Roof Plumber 4431-17 Roof Slater and Tiler 4413-11 Solid Plasterer 4415-11 Sheetmetal Worker (First Class) 4124-11 Stonemason 4416-13 Toolmaker 4113-11 Tree Surgeon 4623-15 Vehicle Body Maker 4215-11 Vehicle Painter 4214-11 Wall and Floor Tiler 4416-11 Welder (First Class) 4122-15 Page 4 of 4 Federal Register of Legislative Instruments F2010L00297 IMMI 10/001 EXPLANATORY STATEMENT Migration Regulations 1994 MIGRATION OCCUPATIONS IN DEMAND (REGULATION 1.03) 1. This Instrument is made under regulation 1.03 of the Migration Regulations 1994 (‘the Regulations’), and specifies the definition of ‘migration occupation in demand’. 2. Regulation 1.03 of the Regulations provides that ‘migration occupation in demand’ in relation to one or more Classes or Subclasses of visa, means a skilled occupation that is specified by the Minister in an instrument in writing. 3. The purpose of the Instrument is to negate the influence of migration occupations in demand on General Skilled Migration (GSM) visas. It is expected that the new instrument will help curb the skew of GSM applications …

Review method

Source-based draft with independent Gemini 3.8 Flash verification