Migration (LIN 18/138: Specification of Income Threshold and Exemptions for Subclass 189 (Skilled – Independent) Visa (New Zealand Stream)) Instrument 2018
The new Migration (LIN 18/138: Specification of Income Threshold and Exemptions for Subclass 189 (Skilled – Independent) Visa (New Zealand Stream)) Instrument 2018 was registered on 11 December 2018 and commences on 12 December 2018.
Explanatory statement
The explanatory statement contains the following passages:
3. This instrument operates to specify the minimum amount of taxable income for the corresponding income years for a Subclass 189 (Skilled – Independent) visa applicant in the New Zealand stream (the applicant)…
4. The purpose of this instrument is to specify the minimum amount of taxable income for income year 2017-2018 by inserting item 7 into the table in section 6. The minimum amount of taxable income for income year 2017-2018 remains unchanged from the previous income year 2016-2017 at $53,900.
6. Section 7 has been redrafted for the purpose of clarity of language.
Non-redrafting changes
However, that statement omits a change that apparently was not a mere matter of redrafting for the purposes of clarity. Under the now repealed IMMI 17/035, one of the classes of exempt applications were primary NZ applicants who (emphasis added):
- 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.
Under the new LIN 18/0138, that was changed to a primary NZ applicant who (emphasis added):
(a) holds a Subclass 444 (Special Category) visa; and
(b) was unable to meet the income requirement for any period during 5 years immediately before the date of the application because they were prevented from leaving Australia to return to New Zealand because the Family Court of Australia or the Federal Circuit Court of Australia assigned primary care of a child to the applicant and placed restrictions on the applicant from removing the child from Australia.
Application of the changes
According to Part 3 of the new instrument, it ‘applies to an application for a Subclass 189 (Skilled – Independent) visa (New Zealand Stream) made but not yet finally determined’.
Disclaimer: the above is a mere tentative analysis of a new piece of legislation. The views there expressed might not reflect the views of the Department, the AAT or the courts. The law or policies might have changed between the writing and reading of this article. The author of this article and Migration Law Updates disclaim any liability for any action (or omission) on their part based on any information provided (or not provided) in this article and are under no obligation to keep the general public nor practitioners informed about the matters discussed in this article or any other matters, or any future changes to any of those matters. It is the responsibility of each practitioner to obtain access to primary sources of law and policy by themselves and to carry out their own research and come to their own conclusions on legislation, case law, policies and more. This article is not intended for the general public.
Sergio Zanotti Stagliorio is a Registered Migration Agent (MARN 1461003). He is the owner of Target Migration in Sydney. He can be reached at sergio@targetmigration.com.au