Temporary Closure of Skilled Independent (Subclass 189) New Zealand Stream visa: The Importance of Acting Swiftly when Submitting Visa Applications
In the latest release of migration statistics by the Australian Bureau of Statistics (ABS), New Zealand continued to be the fourth largest group of overseas-born residents, representing 2.2% of Australia’s overall population. Generally, New Zealand citizens apply for a Special Category (Subclass 444) visa to enter and stay in Australia to visit, study or work (a process facilitated upon entry to Australia on a valid New Zealand passport). However, this is only a temporary visa.
New Zealand Citizens in Australia then have the opportunity to progress to Australian permanent residence via the Skilled Independent (Subclass) 189 New Zealand stream (‘Subclass 189 NZ’) visa which permits them to permanently work and live in Australia and provides a pathway to citizenship.
The Suspension
On the 2nd of September 2022, the Minister for Home Affairs and Cyber Security, the Hon Clare O’Neil MP, announced that change would be coming to Australia’s migration system as the current system is failing to serve Australia’s needs. Specifically, Minister O’Neil stated that the current system is preventing highly skilled migrants from acquiring permanent visas, such as the Subclass 189 NZ visa, and thus inhibits Australia from benefiting from their talents which could be utilised to ‘prepare for the big challenges’ such as ‘climate change, massive technological shifts and [the] … aging population’.
Within approximately three months of this announcement, on the 8th of December 2022, the Migration Amendment (Subclass 189 Visas – New Zealand Stream) Regulations 2022 (Cth) were published, without any warning to the industry or the public. These regulations temporarily suspended the Subclass 189 NZ visa, stipulating that an application must be made before 10 December 2022 or on or after 1 July 2023.
The Department of Home Affairs (‘the Department’) has stated that the purpose of this suspension is to take time to consider future pathways for migration and citizenship for New Zealand citizens living in Australia that will reflect ‘the close ties’ between the two nations. Moreover, during this period of closure, the Department’s objective will be to finalise the ‘majority’ of the applications that were submitted before the 10th of December 2022 by employing a ‘dedicated taskforce’.
The Changes
In addition to temporarily suspending new applications for the Subclass 189 NZ visa, several changes have been implemented. The purpose of this is to acknowledge that applicants who have submitted an application prior to 10 December 2022, in many cases, have been waiting a number of years for their visas to be granted, while simultaneously working in Australia and thus have been conducive to ‘Australia’s economic recovery’ after the COVID-19 pandemic. These changes will result in faster processing times by removing the following requirements:
The time period the applicant must have been residing in Australia. Previously, the applicant would have had to be ‘resident in Australia for a continuous period of at least 5 years immediately before the date of the application’ where this period started on or prior to 19 February 2016;
The minimum income threshold the applicant must have met. Previously, applicants had to meet a minimum income threshold of $53,900.00 (the Temporary Skilled Migration Income Threshold) for at least 4 years during the 5 years immediately before the date of the application; and
The health requirements the applicant must have met. Previously, the applicant must have satisfied public interest criterion 4007. Family members of the primary applicant will no longer have to satisfy public interest criterion 4007 either.
This suspension has several benefits for applicants that submitted their application before 10 December 2022. By removing the requirements previously discussed, applicants will need to satisfy fewer criteria, making the eligibility criteria less onerous and thus the chances of being granted the Subclass 189 NZ visa are higher. Moreover, once granted the visa, holders will be able to access advantages associated with permanent residencies such as the National Disability Insurance Scheme and automatic Australian citizenship for their children that are born in Australia.
Whilst many welcome the changes, there are individuals that have been disadvantaged. The changes are determinantal for applicants that have left their application unfinished or had found out about the suspension after 10 December 2022, as they are now unable to apply until 1 July 2023. Moreover, it is unknown whether the removal of these requirements will continue to apply to applications submitted on or after 1 July 2023.
The Implications
The wider implication of this suspension is that it has become clear that the Australian Government may change immigration laws at any time. Therefore, if you’re considering applying for a visa it is prudent that you act swiftly, should the Australian Government implement a suspension of another visa. It may be beneficial to consider consulting an experienced immigration lawyer or an Accredited Specialist in immigration law that can offer advice regarding the most appropriate visa and lodge your application quickly and with ease. Furthermore, if you were unable to lodge a Subclass 189 NZ application before 10 December 2022 an immigration lawyer may be able to help you identify other viable visa options.
How Can Agape Henry Crux Help
At Agape Henry Crux, our Accredited Specialist(s) Immigration Lawyers and our team of immigration lawyers and migration agents are specialised in handling highly complex matters. You may schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.
We speak fluent English, Korean, Japanese, Mandarin, and Malay. If this isn’t your language, we can also help you arrange an interpreter.
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