189 visa for NZ citizen or Skilled independent subclass 189 (NZ stream) is a permanent visa for NZ citizens in Australia.
189 visa for NZ citizen requires them (cl. 189.211):
- to pass the character test(4001)
- not a security risk (4002)
- their presence in Australia not contrary to Australia’s foreign policy (4003)
- not to have outstanding debts to the government (4004)
- satisfy health requirements for each member of their family unity whether applying a combined visa or not (4007)
- to live permanently or at least 12 months without incurring costs to the Australian community (4019 – if above aged 18+)
- not to have provided false, misleading information or bogus document (4020)
- to hold a valid passport (4021)
- if under 18, NZ laws allow them to live here (4015)
- if under 18, it would be in their best interests to live here (4016)
In addition, 189 visa for NZ citizen requires them (cl. 189.212)
- not to have been previously deported from Australia or visa cancelled for failing character test (5001)
- not to have been previously deported unless there is compelling circumstances affecting the interests of Australia or an Australian citizen (5002)
The criteria for 189 visa for NZ citizen include:
- living continuously in Australia from 19 February 2016 (cl. 189.231(2))
- must continuously lived in Australia for at least 5 years before applying (cl. 189.231(1)).
- providing ATO tax assessments for the 4 most recently completed income years during the period 5 years immediately before applying (cl. 189.232(1).
- each of the 4 completed income years, taxable income is not less than $53,900 for 2018-2019 to 2013-2014 (LIN 19/191), unless exempted (eg, receiving for an injury or on approved parental or carer’s leave or prevented by a court order placing restriction on removing a child from Australia to NZ)
There are 2 sets of visa application fees payable on application and before visa is granted.
You can be in or outside Australia when the visa is granted (cl. 189.411). This is a permanent visa valid for 5 years from the date of grant (cl. 189.511).
Secondary visa applicant must not be married or enter into a de facto relationship before entering Australia after the visa is granted (cl. 189.611(b); Condition 8515).
Australian migration law is complex and difficult to understand, contact our immigration lawyer for a consultation (fee applies) to help you decide if you are eligible to apply for the 189 visa for NZ citizen or click to find other visas to suit your personal circumstance.
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This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent to form an informed opinion on your immigration matter.