An additional pathway to Australian Permanent Residence
for ‘non-protected’ Special Category Visa (SCV) holders (subclass 444)
The
Australian Government (Department of Immigration & Border Protection) will
provide an additional pathway to Australian Permanent Residence, and therefore
citizenship, for New Zealand Special Category visa (SCV) holders (subclass 444)
who arrived after 26 February 2001, who have lived in Australia for the last five
years and shown a commitment and contribution to Australia.
This
additional visa pathway will be available from 1 July 2017, for New Zealand
citizens who arrived post 26 February 2001, but on or before, the date of the
announcement, 19 February 2016.
Estimated number of eligible applicants
Approximately
60,000 – 70,000 of the 140,000 post 2001 SCV holders who have been in Australia
for at least five years are expected to be eligible and we can assist.
How this pathway will-work
The
Department of Immigration and Border Protection will have responsibility for
implementing the pathway.
The
pathway will be made available within the Skilled Independent category of the
General Skilled Migration (GSM) stream of Australia's annual Migration Program.
This
pathway will allow SCV holders who have been living in Australia for the past
five years, and have earned income at or above the Temporary Skilled Migration
Income Threshold (TSMIT) as evidenced by their Australian Taxation Office
Notice of Assessment throughout their qualifying residence period, to apply for
permanent residency and thereafter citizenship.
The pathway requirements
Requirements
for this visa pathway will include mandatory residence, contribution and
community protection criteria. This includes:
- have been resident in Australia for the five years immediately prior to visa application
- contributed to Australia, demonstrated through income tax returns (Notice of Assessment) for the period of residence evidencing taxable income at or above the Temporary Skilled Migration Income Threshold (TSMIT)
- mandatory health, character, and security checks.
Temporary Skilled Migration Income Threshold
(TSMIT) and eligibility
The
Temporary Skilled Migration Income Threshold (TSMIT) is a salary threshold used
by the Subclass 457 program as an indicator that an occupation is ‘skilled’ and
to ensure that a visa holder has reasonable means of support whilst in
Australia. It is currently set at AUD53,900 (excluding employer superannuation
contributions).
This
new visa pathway represents a clear concession over existing migration pathways
and is consistent with the terms of the Trans-Tasman Travel Arrangement (TTTA)
between Australia and New Zealand.
Exemptions to the income test
It
is expected that limited exemptions to the income test requirement will be
considered for particularly vulnerable New Zealand citizens. These exemptions are not yet known but the
details will be released by the Department in due course but what is known is
that details of how applications for exemptions to the income test will be
assessed will be determined between the Minister for Immigration and Border
Protection and the Minister for Social Services. The mandatory residence
criterion, including all other relevant criteria, will still need to be met
before a visa could be granted.
Who will be considered a ‘vulnerable
individual’
As
an example, possible vulnerable individuals may include the primary carer of
children who, for reasons of a court order are unable to return to New Zealand
with their children, and who as an SCV holder is unable to access working age
payments.
Will an applicant who has been on
maternity/paternity leave during the qualifying period be ineligible?
If
the applicant continued to be employed during that period the Department may
take into account and have the capacity to consider other proof of income, for
example, a statement from the applicant’s employer covering the period in
questions. There is no further detail on
this point at this stage but apparently there is no intention to disadvantage
applicants with a consistent record of income and employment but who have taken
periods of parental leave.
Visa application charge (VAC)
There
will be concessions to the visa application charge (VAC) solely for New Zealand
citizens. At this stage it is expected
that the visa application charge will be consistent with the General Skilled
Migration Programme:
- AUD3,600 per primary applicant with an additional AUD1,800 for partners, AUD1,800 per dependent child over 18 and AUD900 per child under 18.
Applicants
will only have to pay 20 percent of the VAC when they lodge their application,
with the remainder to be paid before the visa is granted.
Steps to Australian citizenship
New
Zealanders taking advantage of this new pathway will usually be able to apply
for citizenship after one year of permanent residence, provided they meet the
allowable overseas absences requirement.
Note: This requirement means, a person must not have been absent from
Australia for more than one year in total in the four year period, including no
more than 90 days in the year before applying.
The
usual citizenship eligibility requirements will apply such as:
- be of good character if 18 years of age or over
- be likely to reside, or continue to reside, or maintain a close and continuing relationship to Australia
- meet the identity requirement
- pass the citizenship test if aged between 18 and 59 years or pass a citizenship interview.
What if someone arrived in Australia the day
before, or on the day of the announcement, will they be eligible to apply in five
years' time?
Yes.
They could apply, but the grant of a visa will depend on whether they meet all
relevant criteria.
Nevett
Ford Lawyers includes a group of highly specialised Immigration Lawyers and
Registered Migration Agents (including 2 Accredited Immigration Law
Specialists). We can assist with all
visa types including this new category.
Call
or email us today if you would like more information. We offer ‘initial’ consultations if you would
like to discuss your eligibility.
