Creation of Subclass 189 Skilled - Independent (New Zealand Stream) and Lowering Points-Tested Age Ceiling

Policy effect

Amends the Migration Regulations 1994 to create a new permanent visa stream under Subclass 189 for eligible New Zealand citizens holding Subclass 444 visas who meet residence and income thresholds, while lowering the maximum age threshold for points-tested Subclass 189 visa applicants to 45 years.

Conditions and exceptions

Validated condition or limit: Amends the Migration Regulations 1994 to create a new permanent visa stream under Subclass 189 for eligible New Zealand citizens holding Subclass 444 visas who meet residence and income thresholds, while lowering the maximum age threshold for points-tested Subclass 189 visa applicants to 45 years.

Official source excerpt

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

. 2) Regulations 2017 OPC62658 - A Schedule 1—New permanent visa for New Zealand citizens and age requirement for points-tested Subclass 189 visas Migration Regulations 1994 1 Paragraph 2.26AC(2)(a) Omit “visa; or”, substitute “visa in the Points-tested stream; or”. 2 Subitems 1137(2) to (4) of Schedule 1 Repeal the subitems, substitute: Points-tested stream (2) Subitems (3) to (4C) set out the requirements for: (a) an applicant (a primary Points-tested applicant) seeking to satisfy the primary criteria for the grant of a Subclass 189 (Skilled—Independent) visa in the Points-tested stream; or … not for a Subclass 485 (Temporary Graduate) visa 5 The applicant must not nominate the New Zealand stream (4C) The Minister may, by legislative instrument, specify skilled occupations for the purposes of item 4 of the table in subitem (4B). New Zealand stream (4D) Subitems (4E) to (4G) set out the requirements for: (a) an applicant (a primary NZ applicant) seeking to satisfy the primary criteria for the grant of a Subclass 189 (Skilled—Independent) visa in the New Zealand stream; orAuthorised Version F2017L00549 registered 19/05/2017 Schedule 1 New permanent visa for New Zealand citizens and … primary criteria $2,880 2 Applicant who was at least 18 at the time of the application, and satisfies the secondary criteria $1,440 3 Applicant who was under 18 at the time of the application, and satisfies the secondary criteria $720 (4G) Other: (a) An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5). (b) The applicant must not nominate the Points-tested stream. (c) A primary NZ applicant must hold a Subclass 444 (Special Category) visa. (d) A secondary applicant in Australia must … for New Zealand stream Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 189 visa in the New Zealand stream. 189.231 (1) The applicant had been usually resident in Australia for a continuous period of at least 5 years immediately before the date of the application. (2) That continuous period of usual residence in Australia started on or before 19 February 2016. 189.232 (1) The applicant has provided copies of notices of assessment, and of any notices of amended assessments, given to the applicant by the Commissioner of Taxation, of the applicant’s income tax liability in relation to the 4 most recently completed income years before the date of the application (during the period of 5 years immediately before that date). (2) The requirement in subclause (1) is satisfied in relation to a copy of a notice even if the copy does not include the applicant’s tax file number within the meaning of Part VA of the Income Tax Assessment Act 1936. 189.233 (1) For each of the 4 completed income years mentioned in subclause 189.232(1): (a) the applicant’s taxable income (within the meaning of the Income Tax Assessment Act 1997) is no less than the … minimum amount specified by the Minister for the year under subclause (2); or (b) the applicant:Authorised Version F2017L00549 registered 19/05/2017 Schedule 1 New permanent visa for New Zealand citizens and age requirement for points-tested Subclass 189 visas 8 Migration Legislation Amendment (2017 Measures No. 2) Regulations 2017 OPC62658 - A (i) satisfies the Minister that he or she was a member of a class of exempt applicants specified by the Minister under subclause (2) during the whole, or a specified period, of that year; and (ii) provides evidence specified by the Minister under subclause …

Review method

Two separate automated exact-claim source reviews

Other Australia changes operative in 2017

• 2017-01-01Qualifying residence exemption narrowed to referred-stay visa holders
• 2017-03-21Proportional financial evidence for student and guardian stays under twelve months
• 2017-11-18Extension of Public Interest Criterion 4020 Fraud Exclusion Period (Regulations 2017 Measures No. 4)