On Friday, the Government released new Legislative Instrument revising the age requirement for Points Tested Subclass 189 visa. The same instrument also clarifies GSM Pathway for NZ Citizens on the basis of residing in Australia for a period of five years. The paradoxical nature of this announcement is unfortunate. On one hand, this is unwelcome news for applicants who are 45 or over as they will no longer be able to meet the associated age requirement. On the other, NZ citizens may apply for GSM with lesser restrictions.
Applicants who are 45 and over
The Instrument confirms that applicants for a 189 visa assessed from 1 July 2017 must be under 45 years of age at the time of receiving an invitation to apply. No doubt, this is placing further restrictions on permanent visa options (or lack of) which are currently available to skilled migrants wanting to migrate to Australia. Subclass 189 applicants who have lodged an Expression of Interest and are/will be 45 or over at the time of Invitation, will no longer be able to meet the age requirement for this visa. Applicants who are impacted may be eligible for another visa including State Nominated permanent residence or permanent residence via the Employer Nomination Scheme.
NZ Citizens holding 444 visa
Special NZ stream will be available to subclass 444 visa holders applying for a 189 visa. To meet this requirement, an applicant will need to demonstrate their usual residency in Australia for continuous period of at least 5 years immediately before the date of the application. That continuous period of usual residence in Australia must have started on or before 19 February 2016. Evidence of residence such as ATO assessment/s needs to be submitted at time of making application.
Legislation:
This legislation is in force and is available to read here: https://www.legislation.gov.au/Details/F2017L00549
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