This visa is for points-tested skilled workers who are not sponsored by an employer or family member or nominated by a state or territory government.

It allows you to live and work in Australia as a permanent resident.

You might be eligible to apply for this visa if invited. When we sent your letter of invitation, you must also have:

• Nominated an occupation that is on the relevant skilled occupation list
• Obtained a suitable skills assessment for that occupation
• Not yet turned 45 years of age
• Achieved the score specified in your letter of invitation based on the factors in the points test
• At least competent English but superior English score is preferred.

Subclass 189 Permanent Residence Pathway for New Zealand Citizens from 1 July 2017

New Zealand citizens who have been living in Australia for at least five years and shown a commitment and continuous contribution to Australia are eligible for permanent residence from 1 July 2017. The new pathway is part of the Skilled Independent Subclass 189 Visa.

Residence Requirement

The new pathway is only available to NZ citizens who started living in Australia on or before 19 February 2016. You will need to show that you were usually resident at this time

You also need to show that you have been usually resident in Australia for a continuous period of five years immediately prior to application, and have commenced that period of usual residence on or before 19 February 2016

You would need to have held a Special Category Visa (SCV Subclass 444) for the 5 years – this is the visa NZ citizens are usually granted on entry to Australia.

Income Requirement:

To be eligible for the Independent Skilled 189 (New Zealand) Stream, you must provide a copy of the Notice of Assessment (with the tax file number removed or obscured), issued by the Australian Taxation Office for each of the four most recently completed income years immediately prior to application showing that you have earned annual taxable income at least equivalent to TSMIT (Temporary Skilled Migration Income Threshold) for the last 5 financial years.

The TSMIT has been $53,900 since 1 July 2013, but was $51,000 from 1 July 2012 to 30 June 2013.

Table 1 – Income threshold for the past five years

Income Exemption

Limited exemptions to the income requirement will apply – those currently announced include:

• Maternity, paternity or carers leave – application of this exemption is discretionary; or
• are prevented by an Australian authority from leaving Australia to return to New Zealand because the Family Court of Australia has assigned primary care of a child to the applicant and places restrictions on the applicant from removing the child from Australia; or
• are receiving compensation for an injury which prevents them earning at or above the income threshold, and if they returned to New Zealand their ongoing rehabilitation and/or compensation would be discontinued

Age Requirement:

Unlike other skilled visas, there is no age limit for the NZ stream of the 189 visa. The age limit for the subclass 189 visa are otherwise reduced to 45 from 1 July 2017

Including Family Members

Even if they are not NZ citizens, spouses and dependent children can be included in the application. If applying onshore, they must hold a substantive visa or Bridging A, B or C visa.

Health and Character Requirement

All family members included in the application must meet health and character requirements.

The waivable health criterion 4007 applies

All family members included in the application need to complete health and character.

Application Fees

Application fees are in line with current fees for the Skilled Independent Subclass 189 visa. However, only 20% of the application fee needs to be paid at lodgement. The balance of fees would only be payable once you have met all other criteria and are likely to be granted the visa.

Fees payable are below:

Unlike other permanent skilled visa types, there is no English Language Charge for applicants with less than Functional English.

In Conclusion

For NZ citizens who were living in Australia on or before 19 February 2016, and have been living in Australia for the last 5 years, the new permanent residence pathway is extremely beneficial. In particular:

• There is no English language testing, skills assessment, points test, or sponsorship by an employer
• There is no age limit
• The income level is reasonable – and exemptions apply for people on parenting or carer leave
• There is a health waiver for applicants and family members with health conditions
• The bulk of the application fee is only payable once the requirements have been assessed and the visa is about to be granted

New Zealand Citizens who meet the criteria should consider applying for the new pathway as it offers very favourable access to permanent resident status.