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At the meeting with DIAC in London on Monday 30th November, we were told that DIAC & DEEWR have completed their MODL Review and they have sent the Minister a range of options to choose from.
[....]
Andrew mentioned that there have been suggestions of removing some occupations from the MODL (mainly in order to make them less attractive to prospective International Students as far as I can gather.) There have also been suggestions about raising the points totals required for GSM visas.
Andrew asked how likely it is that either of these possibilities will happen and if one or other of them does happen, will any changes on either front affect people who have already lodged visa applications?
The Official Line (which they will plainly stick to) is that none of the changes so far are technically retroactively operative, even though they manifestly ruddy well are. The Official Excuse is that the pecking order for visa processing priority has been altered in the last 12 months - 3 times so far to be exact - but that none of these changes have involved altering the Migration Act so that technically they are not retroactive changes to the relevant law....... They will stick to this line so we just have to live with it.
Whichever way they might dress up either a change in the points for a given occupation or a change in the points totals required for one or more of the visas, Mr Wilden said that what might happen (and in what sort of timescale) depends on the legal basis for how an occupation gets its points in the first place and on the legal basis for the points totals. He said that if changing one or both would involve altering the Migration Act then that would take at least a year to happen. However if one or both would merely involve altering the Migration Regulations, this could be done very quickly.
[....]
Andrew mentioned that there have been suggestions of removing some occupations from the MODL (mainly in order to make them less attractive to prospective International Students as far as I can gather.) There have also been suggestions about raising the points totals required for GSM visas.
Andrew asked how likely it is that either of these possibilities will happen and if one or other of them does happen, will any changes on either front affect people who have already lodged visa applications?
The Official Line (which they will plainly stick to) is that none of the changes so far are technically retroactively operative, even though they manifestly ruddy well are. The Official Excuse is that the pecking order for visa processing priority has been altered in the last 12 months - 3 times so far to be exact - but that none of these changes have involved altering the Migration Act so that technically they are not retroactive changes to the relevant law....... They will stick to this line so we just have to live with it.
Whichever way they might dress up either a change in the points for a given occupation or a change in the points totals required for one or more of the visas, Mr Wilden said that what might happen (and in what sort of timescale) depends on the legal basis for how an occupation gets its points in the first place and on the legal basis for the points totals. He said that if changing one or both would involve altering the Migration Act then that would take at least a year to happen. However if one or both would merely involve altering the Migration Regulations, this could be done very quickly.
чего не кажешь о приоритете.
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