Migration Amendment (Subclass 189 Visas—New Zealand Stream) Regulations 2022 [the Regulations] dated 8 December 2022 amends the Migration Regulations 1994 to support faster processing of on-hand applications for Subclass 189 – New Zealand stream visa, for the cohort of New Zealand citizens (and their family members) who have been living in Australia generally for a significant period of time and continued to work in Australia during the COVID-19 pandemic.
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The New Zealand stream of the Subclass 189 visa provides a permanent residence option for New Zealand citizens who have demonstrated commitment to Australia, through long term residence, and who have made and can continue to make, a strong economic contribution to Australia’s future. The amendments remove the requirement for New Zealand stream on-hand applicants to satisfy criteria relating to:
- period of residence in Australia which required the applicant to be resident in Australia for a continuous period of at least 5 years immediately prior to the date of application, and that residence began prior to 19 February 2016; and
- the income threshold in relation to three income years within five years immediately before the date of application (including the income year that ended most recently before the date of application), or be exempt, for example due to care of a child who is to remain in Australia; and
- public Interest Criterion (PIC) 4007 relating to health
In addition, family members of primary applicants who made a Subclass 189 (Skilled – Independent) visa application in the New Zealand stream prior to the commencement of the Amendment Regulations are also not required to satisfy the health criteria. However, the primary applicants (and their family members) with on-hand applications must satisfy the existing common criteria for the Subclass 189 (Skilled – Independent) visa which relate to public interest criteria such as character, security, and certain other matters.
Furthermore, the benefit of this streamlined visa criteria is being extended only to those New Zealand citizens and their family members who applied prior to the commencement of the Amendment Regulations that is before 10 December 2022.
The amendment also pauses new applications for Subclass 189- New Zealand stream from the commencement of the Amendment Regulations (10 December 2022) until 1 July 2023 to provide time for the Government to consider future arrangements for New Zealand citizens.
The instrument is registered on the Federal Register of Legislation on 9 December 2022 and commenced on 10 December 2022. It is currently in force.
To access the instrument, click here.
