Overview

The Migration Regulations 1994, as amended by the instrument F2008L01524, aim to address the need for a targeted approach in facilitating the entry of skilled migrants into the Australian labour market. The instrument, enacted by the Australian government, updates the Migration Occupations in Demand List (MODL) under regulation 1.03 of the Regulations to reflect the current demand for specific skilled occupations. The objective is to ensure that the General Skilled Migration (GSM) Program effectively attracts migrants with skills that are currently in demand. This is achieved by providing additional points and priority processing to applicants with experience in occupations listed on the MODL, thereby aligning immigration policy with labour market needs. The updated list includes twelve new occupations and removes one, reflecting the latest skills-in-demand research conducted by the Department of Education, Employment and Workplace Relations (DEEWR).

Scope and Application

The Instrument, F2008L01524, is made under regulation 1.03 of the Migration Regulations 1994 and serves to specify skilled occupations as migration occupations in demand for the purposes of the definition of ‘migration occupation in demand’ in regulation 1.03. This list, known as the Migration Occupations in Demand List (MODL), facilitates the entry of migrants under the General Skilled Migration (GSM) Program by identifying occupations with specialist skills and ongoing demand in the Australian labour market. By including these occupations, applicants for a GSM points-tested visa with at least 12 months of recent work experience in a specified occupation on the MODL can benefit from priority processing and receive additional points under the general points test, enhancing their chances of visa approval. The occupations are categorised according to the Australian Standard Classification of Occupations (ASCO) classification system, ensuring that the list is both comprehensive and aligned with current industry standards. The Instrument incorporates the Australian Standard Classification of Occupations (ASCO) Second Edition, 1997, and was developed through consultation with the Department of Education, Employment and Workplace Relations (DEEWR), reflecting the skills-in-demand research conducted by DEEWR. This regulation applies nationally, impacting all skilled migrants and employers within Australia who are involved in the GSM Program.

Key Provisions

The primary operative sections of the Migration Regulations 1994, specifically regulation 1.03, define the term "migration occupation in demand." This regulation, as explained in the explanatory statement, identifies skilled occupations that are crucial for the Australian labour market and are thus specified in writing. This is accomplished through the Migration Occupations in Demand List (MODL), which is updated periodically based on research by the Department of Education, Employment and Workplace Relations (DEEWR). The list includes twelve new occupations (referenced in section 6 of the explanatory statement), such as managerial, professional, associate professional, and trade occupations, while removing one professional occupation (section 6). Entities and individuals governed by these regulations, particularly those applying for General Skilled Migration (GSM) points-tested visas, must ensure that their work experience aligns with occupations listed on the MODL. As stated, applicants with at least 12 months of recent work experience in a specified occupation on the MODL receive priority processing and additional points under the general points test (section 5). This requirement necessitates that applicants meticulously verify their occupation against the MODL to benefit from these advantages. Failure to comply with the provisions of the MODL can lead to several consequences. If an applicant's occupation is not on the list, their visa application may not receive the priority processing or additional points available for occupations in demand. Additionally, providing false information about the occupation listed on the MODL could be considered misrepresentation, which is an offence under the Migration Act 1958. Such offences may result in the visa application being rejected, the applicant being banned from future visa applications, and potential legal actions for misrepresentation. The penalties for misrepresentation can include fines and imprisonment, as outlined in the Migration Act.