Federal Register of Legislation - Australian Government

Primary content

IMMI 17/035 Specifications as made
This instrument supports the new additional pathway to permanent residence for Subclass 444 Special Category visa holders by specifying the minimum income amount for visa applicants, and classes of exempt applicants.
Administered by: Home Affairs
Registered 22 Jun 2017
Tabling HistoryDate
Tabled HR08-Aug-2017
Tabled Senate08-Aug-2017
Date of repeal 12 Dec 2018
Repealed by Migration (LIN 18/138: Specification of Income Threshold and Exemptions for Subclass 189 (Skilled – Independent) Visa (New Zealand Stream)) Instrument 2018
Table of contents.

 

Migration (IMMI 17/035: Specification of Income Threshold and Exemptions for Subclass 189 Skilled – Independent Visa (New Zealand Stream)) Instrument 2017

 

 

 

I, Peter Dutton, Minister for Immigration and Border Protection, make the following instrument.

Dated               21 June 2017  

 

Peter Dutton

 

THE HON PETER DUTTON

Minister for Immigration and Border Protection

 

 

 


Contents

Part 1—Preliminary...................................................................................................................... 1

1  Name........................................................................................................................................ 1

2  Commencement........................................................................................................................ 1

3  Authority.................................................................................................................................. 1

4  Definitions................................................................................................................................ 1

5  Schedules................................................................................................................................. 1

Part 2 – Income Threshold and Classes of Exempt Applicants.................................................... 1

6  Minimum amount of income.................................................................................................... 1

7   Classes of exempt applicants and evidence in relation to that class.......................................... 1

 

 


Part 1—Preliminary

1  Name

                   This instrument is the Migration (IMMI 17/035: Specification of Income Threshold and Exemptions for Subclass 189 Skilled – Independent Visa (New Zealand Stream)) Instrument 2017. It may be cited as IMMI 17/035.

2  Commencement

                   This instrument commences on 1 July 2017.

3  Authority

                   This instrument is made under paragraph 189.233(2)(a) and paragraph 189.233(2)(b) of Schedule 2 to the Migration Regulations 1994.

4  Definitions

                   In this instrument:

Regulations means the Migration Regulations 1994

Primary NZ Applicant means an applicant seeking to satisfy the primary criteria for the grant of a Subclass 189 (Skilled – Independent) visa in the New Zealand stream.

5  Schedules

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

 


Part 2 – Income Threshold and Classes of Exempt Applicants

6  Minimum amount of income

(1) For the purposes of paragraph 189.233 (1)(a) of Schedule 2 to the Regulations, the minimum amount of income for an income year is specified in the table in subsection (2)

(2) Minimum amount of income for an income year:

 

Completed Income Year

 

Minimum Amount of Income

2011-2012

$49 330

2012-2013

$51 400

2013-2014

$53 900

2014-2015

$53 900

2015-2016

$53 900

2016-2017

$53 900

7   Classes of exempt applicants and evidence in relation to that class

               (1) For the purposes of paragraph 189.233 (1)(b) of Schedule 2 to the Regulations, the class of exempt applicants and evidence in relation to that class is specified in the table in subsection (2).

(2) Classes of exempt applicants and evidence in relation to that class:

 

Class of exempt applicants

 

Evidence

Primary NZ applicants who:

·         hold a Subclass 444 (Special Category) Visa; and

·         were unable to meet the income requirement for any period during 5 years immediately before making an application, because they were prevented from leaving Australia to return to New Zealand, because an Australian Authority (Family Court of Australia)  had assigned primary care of a child to the applicant and placed restrictions on the applicant from removing the child from Australia.

A parenting order or a registered/written parenting plan signed by both parents, which assigns primary care of a child to a New Zealand citizen.

Primary NZ applicants who:

·         hold a Subclass 444 (Special Category) Visa; and

·         were unable to meet the income requirement for any period during the 5 years immediately before making an application  because they were receiving compensation for an injury which prevented them from earning at or above the income threshold; and

·         if the applicant returned to New Zealand their ongoing rehabilitation and/or compensation would be discontinued

 

 

 

                          

Any of the following documents(or combination of documents) as required by the Minister or delegate:

·         a statutory declaration from the applicant outlining their personal circumstances;

·         a statutory declaration from the employer advising on return date and income amount;

·         a medical certificate;

·         official compensation documentation relating to that applicant;

·         official rehabilitation documentation relating to that applicant.

Primary NZ applicants who:

·         hold a Subclass 444 (Special Category) Visa; and

·         were unable to meet the income requirement for any period during the 5 years immediately before making their application, because they were on  an approved period of parental (including maternity and paternity) or carer’s leave from their usual employment; and

·         immediately prior to the period of parental or carer’s leave, had an annual income that was no less than the applicable minimum amount specified in the table in subsection 6(2); and

·         have resumed, or are expected to resume within a reasonable period,  earning an income that is no less than the applicable minimum amount specified in the table in subsection 6(2).

Any of the following documents ( or combination of documents) as required by the Minister or delegate:

·         a statutory declaration from the applicant outlining the personal circumstances;

·         a statutory declaration from the employer advising on return date and income amount;

·         birth certificate for the child;

·         medical certificate for carer responsibilities.