Migration Regulations 1994 - Specification under regulation 1.03 - Migration Occupations in Demand - February 2010

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Legislation au F2010L00297 Not in force Legislative Instrument

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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 towards occupations on the migration occupation in demand list (MODL).

 

4. The Instrument will instruct that the only applicants who will still have access to MODL occupations will be Subclass 885 Skilled – Independent, Subclass 886 Skilled – Sponsored and Subclass 487 Skilled – Regional Sponsored visas applicants, 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.

 

 There will no longer be any skilled occupations on the MODL for all other GSM applications.  This will mean that most GSM applicants will not be able to obtain extra points under the GSM points test because of the MODL. This change will impact all new GSM applications from the effective date of the instrument except those specified above. It will also impact on potential applicants who intended to apply for a GSM visa based on their occupation which was (before the changes) listed on MODL.

 

5. Consultation was undertaken with the Department of Prime Minister and Cabinet, the Department of Education, Employment and Workplace Relations, the Treasury and the Department of Finance and Deregulation before the instrument was made.

 

6. The Instrument, IMMI 10/001, commences on 8 February 2010.

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