Subclass 189

New Zealand Stream — Additional Requirements

The Subclass 189 New Zealand stream has strict residence and income requirements. This guide explains the 5-year usual residence rule, income thresholds, exemptions, and required evidence for NZ citizens applying for permanent residency.

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The primary NZ applicant is the person seeking to satisfy the primary criteria for the grant of the Subclass 189 visa in the New Zealand stream under clause 189.23. In order to have made a valid application in this stream, the primary NZ applicant must hold a Subclass 444 (Special Category) visa at the time of application.

Residence Requirement

The primary applicant must have been usually residing in Australia:

For a continuous period of at least 5 years immediately before the date of application, and
That continuous period of usual residence must have started on or before 19 February 2016

There is no residence requirement for secondary applicants. It is also worth noting that applicants may in some circumstances be considered as usually residing in Australia even when not physically present — for example, fly-in/fly-out workers.

What Does "Usually Resident" Mean?

The place a person is "usually resident" is determined by looking at their physical residence — where they eat, sleep and have a home — and their intention to make that place their home. This is a two-stage assessment that relies on movement records and evidence of residence. Factors that officers consider include:

Maintaining a home in Australia
Working in Australia
Owning property, a business or other interests in Australia
Having family and other ties in Australia

Evidence of tax payments can also support a claim of usual residence, as paying tax in Australia indicates you have been living and working here.

Income Requirement

New Zealand stream applicants must also meet an income requirement. For applications made on or after 1 July 2021, applicants must provide Notices of Assessment (NOA) from the Australian Taxation Office for three completed income years during the 5-year period ending immediately before the date of application. One of those income years must be the most recently completed income year before the date of application.

The applicant's taxable income for each of those years must meet the minimum income threshold set by the Minister in a legislative instrument. This is based solely on the individual applicant's own taxable income — it cannot include a partner's income, other family members' income or business turnover. Business owners must provide their own individual Notices of Assessment from the ATO and cannot substitute business turnover figures instead.

The minimum income thresholds for income years from 2011–2012 to 2020–2021 are set out in the Migration (Income Threshold and Exemptions for Subclass 189 Visa (New Zealand Stream)) Instrument (LIN 21/018) 2021.

Fahad Shamim

Migration & Education Consultant

MARA Registered MARN 2619225

QEAC G12906

As a Migration & Education Consultant, I provide expert guidance on Australian visas and international education, helping clients navigate both with ease.

Phone +61 424 295 050

Email fahad@edvisehub.com

Contact on WhatsApp

Income Requirement Exemptions

Exemptions to the income requirement are deliberately narrow. They only apply to Subclass 444 visa holders who fit into one of the following specific categories:

Court-ordered custody: The applicant cannot leave Australia because an Australian Family Court order has assigned primary care of a child to them and restricted them from removing the child from Australia
Agreed parenting plan: The applicant has primary care of a child under a parenting plan where both parents have agreed the child will remain in Australia
Injury and compensation: The applicant cannot work due to an injury, is receiving compensation, and would lose ongoing rehabilitation or compensation if they returned to New Zealand
Parental or carer's leave: The applicant is on an approved period of parental (including maternity or paternity) or carer's leave from their usual employment, had income at or above the threshold immediately before the leave began, and has resumed or intends to resume earning at or above the threshold within a reasonable period
COVID-19 impact: The applicant would likely have met the income requirement for the 2019–20 income year if not for the economic effects of the COVID-19 pandemic

Exemptions are not available for personal circumstances not covered by these categories. Each exemption requires specific supporting documents as outlined below.

Evidence Required for Each Exemption Category

Court-ordered custody or agreed parenting plan: Applicants must provide one of the following, signed by all parents or bearing a court seal:

A parenting order from an Australian court
A registered or written parenting plan signed by both parents
A consent order from an Australian court

Unable to work due to injury: Applicants must provide any of the following:

A statutory declaration from the applicant outlining their personal circumstances
A statutory declaration from the employer advising a return-to-work date and income amount
A medical certificate
Official compensation or rehabilitation documentation

Maternity, paternity or carer's leave: Applicants must provide any of the following, and must meet this requirement in each applicable income year:

A statutory declaration from the applicant outlining their circumstances
A statutory declaration from the employer with a return-to-work date and income amount
A birth certificate for the applicant's child
A medical certificate for carer responsibilities
A notice of approved parental leave

COVID-19 concession: Applicants must first provide either:

A signed letter on company letterhead from the employer stating the applicant's salary before 1 February 2020, or
Pay slips, salary advices or employment contracts showing the applicant's salary during the 2019–20 income year

And in addition to one of the above, applicants must also provide one of the following:

A statutory declaration from the employer acknowledging the applicant's 2019–20 taxable income reduced due to reduced hours, contracting COVID-19, caring for someone with COVID-19, medically directed self-isolation, or caring responsibilities caused by pandemic-related shutdowns
A statutory declaration from a former employer confirming the applicant's dismissal was related to COVID-19 effects on the business
Documentation proving access to the JobKeeper Wage Subsidy during 2019–20 — such as an employee nomination form, ATO statements, or alternative ATO documentation
Services Australia–Centrelink letters showing the applicant claimed and received JobSeeker payments during 2019–20.