Migration Occupations in Demand List (MODL)

Migration Occupations in Demand List (MODL)

The abolition of the Migration Occupations in Demand List (MODL) has had an effect on applicants for Australian permanent employer sponsored visas.

Although the MODL was not included into the regulations regarding such visas it was referred to under Department of Immigration and Citizenship (DIAC) guidelines, in connection with claims of exceptional circumstances.

Set out below is information supplied by DIAC about the effect of the revocation of the MODL on employer nomination visas.


1. MODL revoked on 8 February 2010

The Migration Occupation in Demand List (MODL) was revoked on 8 February based on the findings that the MODL was not effective in delivering a GSM program that meets the future skill needs of the Australian labour market.

2. What is the implication on Australian Employer Nominated Scheme (ENS) and Regional Sponsored Migration Scheme (RSMS) Visas?

a) For applicants who have turned 45, and claim exceptional circumstances on the 'age' criterion:
When making decisions on claims of exceptional circumstances under the age criterion for either ENS or RSMS, DIAC case officers will apply the policy as currently published, except that references to MODL will be taken to be references to the Critical Skills List (CSL).


b) For applicants who do not have three years work experience: 
For new applications received on and after 8 February 2010, when assessing ENS applications from people seeking to meet relevant Migration Regulations who have a skills assessment but do not have 3 years work experience, case officers will generally consider that exceptional circumstances apply if:

- the applicant completed a qualification of diploma level or higher in Australia in the six months prior to lodging the application AND
- the nominated occupation is on the critical skills list.

3. What if the student visa holder is nominated for an occupation which is not on the CSL?

If an applicant does not have three years experience but seeks to meet the relevant Regulations, then holding a recently obtained Australian qualification and nomination of an occupation previously on the MODL will generally not be regarded as sufficient to constitute exceptional circumstances. The applicant needs to make a submission explaining why there are exceptional circumstances, having regard to the current policy guidelines, on exceptional circumstances. This generally includes a statement and evidence from the employer or applicant demonstrating that the nominated position is so unusual or highly specialised that it is unlikely a suitable person with at least three years work experience could be found to fill the vacancy.

4. What about the new MODL which was gazetted on 8 February 2010?

A new MODL was introduced on 8 February to apply to a limited number of sub classes in the general skilled migration program. This MODL represents a transitional arrangement for that caseload. It is specifically only intended to apply to those sub classes. It has no applicability to ENS or RSMS visa sub classes.

5. Does the current published policy reflect this?

No. The policy guidelines are currently being updated and will be available from 27 March 2010. Since the MODL was revoked on 8 February 2010, all applications made from that date will apply the new policy, even if the application was lodged prior to this date.

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