The Australian Skilled Independent Visa (Subclass 189 – New Zealand Stream)
The New Zealand stream of the Subclass 189 visa provides a pathway to permanent residency for long-term New Zealand citizen residents who have demonstrated commitment to Australia, and who have made an economic contribution to Australia’s future.
Please note that New Zealand citizens whose first arrival in Australia was after 19 February 2016 are not eligible to apply for this pathway.
What evidence do you need to provide to apply the New Zealand stream Skilled – Independent (subclass 189) visa?
Applicants must be able to evidence their commitment and contribution to Australia to be eligible for this visa, through providing the following:
Evidence that they have been ‘usually resident in Australia’ for a continuous period of at least 5 years before the date of the application.
Notices of Assessment for three income years during the past five years, including one for the most recent income year. The taxable income specified on these notices for each three years must be equal to or more than $53,900 (at time of writing).
You will also need to satisfy the common criteria for the visa type including that you satisfy character requirements and health requirements. You will also need to hold a valid passport. However, unlike the points-tested stream for the visa, you do not need to lodge an Expression of Interest and be invited to apply.
What if you don’t meet the minimum income threshold?
There are some people who have been exempt from the minimum income threshold, including:
If you were prevented from leaving Australia due to a court order restricting the movements of a child you had primary care of or if you had primary care of a child who was subject to a parenting plan stating that the child will remain in Australia with access to all parents.
You will need to provide evidence of:
A parenting order;
A registered parenting plan;
A written parenting plan; or
A consent order.
If you had received compensation for an injury that prevented you from earning above the income threshold and any ongoing rehabilitation and/or compensation would have ended if you returned to New Zealand.
You will need to provide evidence of:
a statutory declaration by the applicant setting out the applicant’s personal circumstances;
a statutory declaration by the applicant’s employer stating a return to work date and the applicant’s income amount;
a medical certificate for the applicant;
official compensation documentation relating to the applicant;
official rehabilitation documentation relating to the applicant.
If you were on approved parental or career's leave but was earning at least the minimum income prior to taking leave and has resumed/will resume within a reasonable period earning that income.
You will need to provide evidence of:
a statutory declaration by the applicant setting out the applicant’s personal circumstances;
a statutory declaration by the applicant’s employer stating a return to work date and the applicant’s income amount;
a birth certificate for the applicant’s child;
a medical certificate for carer responsibilities;
notice of approved parental leave.
If you were earning below the income threshold for either 2019-20 or 2020-21, you will need to demonstrate that you could have earned at least the threshold were it not for the effects of the COVID-19 pandemic.
You will need to provide evidence of:
a signed letter written on company letterhead by the applicant's current or former employer stating the applicant’s salary before 1 February 2020; or
the applicant’s pay slips, salary advice or employment contracts (stating the applicant’s salary) for a period in the 2019–20 or 2020–21 income year to demonstrate that the applicant was likely to meet the income threshold in the 2019–20 or 2020–21 income year; and
Any of the following documents:
A statutory declaration by the applicant’s employer acknowledging the applicant’s 2019–20 or 2020–21 taxable income has reduced, due to:
reduced availability of shifts/hours resulting in a drop in income; or
the applicant contracting COVID-19 or having caring responsibilities for a person who contracted COVID-19, preventing the applicant from working and resulting in a drop in income; or
medically directed orders to self-isolate, preventing the applicant from working and resulting in a drop in income; or
caring responsibilities as a result of COVID-19 pandemic shutdowns (eg schools, childcare centres) that prevented the applicant from working and resulted in a drop in income;
If the applicant’s employment was terminated—a statutory declaration by the applicant’s former employer stating that the circumstances of the applicant’s dismissal were related to the COVID-19 pandemic effects on the business;
Documentation proving that the applicant had access to the JobKeeper Wage Subsidy for a period in the 2019–20 or 2020–21 income year including:
Employee nomination form or other statements or documents provided by the Australian Taxation Office demonstrating that the applicant had access to the JobKeeper Wage Subsidy; or
Alternative statements were provided by the Australian Taxation Office at the applicant’s request;
Services Australia-Centrelink letters showing the applicant claimed and received JobSeeker payments for a period in the 2019–20 or 2020–21 income year.
How Can Agape Henry Crux Help You?
Australian Immigration can be very complex - if you want to find out more about a visa or citizenship matter, please do not hesitate to contact us. You can book a Migration Planning Session with one of our immigration lawyers to seek professional advice by calling +612 8310 5230 or email us to book in a time at info@ahclawyers.com.
We speak fluent English, Korean, Japanese, Mandarin, Cantonese, Indonesian, Burmese and Malay. If these aren’t your language, we can also help you arrange an interpreter.
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