Australian Immigration Daily News

Overview of the Disallowable Legislative Instrument

New Zealand citizens who wish to live and work in Australia generally do so on a Subclass 444 (Special Category) visa which allows them to work without restriction and live in Australia indefinitely. However, as it is a temporary visa, it does not provide all of the benefits of permanent residence. The New Zealand stream of the Subclass 189 (Skilled – Independent) visa provides a permanent residence option for New Zealand citizens who have demonstrated commitment to Australia.

On 10 December 2022, the permanent Subclass 189 New Zealand visa stream visa was temporarily closed to new applications from primary applicants from 10 December 2022 until 30 June 2023, while the Government considered options for New Zealand citizens.

On 22 April 2023, in recognition of the long standing, close and special bilateral relationship that exists between Australia and New Zealand, the Prime Minister, the Hon Anthony Albanese MP, announced a direct pathway to Australian citizenship for New Zealand citizens living in Australia. From 1 July 2023, New Zealand citizens holding a Special Category (subclass 444) visa (SCV) who arrived in Australia after 26 February 2001 and who have been living in Australia for four years or more will be eligible to apply directly for Australian citizenship by conferral. They will no longer need to first apply for and be granted a permanent visa, making the New Zealand stream of the Subclass 189 (Skilled – Independent) visa unnecessary.

The Migration Amendment (Subclass 189 (Skilled – Independent) Visa in the New Zealand Stream) Regulations 2023 (the Amendment Regulations) amends the Migration Regulations 1994 (the Migration Regulations) to permanently close the Subclass 189 (Skilled – Independent) visa in the New Zealand stream to new applications as they may now apply directly for citizenship.

Secondary applicants (partners and dependent children) of a New Zealand stream primary applicant will continue to be permitted to make an application for a Subclass 189 (Skilled – Independent) visa after 10 December 2022 provided the primary applicant’s application remains on-hand awaiting decision by the Minister.

The amendments made by the Amendment Regulations also omit criteria relating to residence, income and health that do not apply to any on-hand applications as these criteria are now redundant.

Under the new scheme, whilst New Zealanders holding a SCV have a direct pathway to Australian citizenship, their non-New Zealand citizen family members will need to be sponsored for a permanent child or partner visa by the new Australian citizen in order to access permanent residence.

Source: Migration-Amendment-Sc189-Skilled-Independent-visa-in-the-NZ-Stream-Regulations-2023.pdf and

Migration-Amendment-Sc189-Skilled-Independent-visa-in-the-NZ-Stream-Regulations-2023---Explanatory-Statement.pdf