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.

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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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