Overview

The Migration (Income Threshold and Exemptions for Subclass 189 Visa (New Zealand Stream)) Instrument (LIN 20/170) 2020 was enacted to amend the income thresholds and exemptions for applicants under the Subclass 189 visa in the New Zealand stream. This instrument, made under subclause 189.233(2) of the Migration Regulations 1994, repeals the previous instrument (LIN 19/191) and updates the minimum taxable income requirement to $53,900 for the 2019-2020 income year, which remains consistent with the amounts set for previous years. Additionally, it introduces clarifications and new exemptions, such as for applicants who are parties to a parenting plan assigning them primary care of a child. This legislative change aims to ensure that the income threshold policy remains fair and relevant, while also providing clarity on the types of parenting orders that can exempt applicants from the income threshold. The instrument was developed by the Australian Government and does not require a Statement of Compatibility with Human Rights or a Regulatory Impact Statement as it is considered minor and does not substantially alter existing arrangements.

Scope and Application

The instrument LIN 20/170 applies to applicants for a Subclass 189 (Skilled—Independent) visa under the New Zealand stream by specifying the minimum amount of taxable income required for the income year 2019-2020. This instrument made under the Migration Regulations 1994, replaces the previous instrument LIN 19/191, specifying the same income threshold for the 2019-2020 income year as the previous years, continuing at $53,900. It further refines the classes of applicants exempt from this minimum income requirement, introducing a broader definition of parenting orders that can be considered as evidence of exemption, allowing orders from various Australian courts rather than being limited to the Family Court of Australia or the Federal Circuit Court of Australia. The instrument does not necessitate consultation as it is considered minor and does not substantially alter existing arrangements, thus exempt from disallowance and compatibility assessments under the relevant legislative frameworks. The instrument's application is limited to the Commonwealth jurisdiction and comes into effect the day after its registration on the Federal Register of Legislation.

Key Provisions

The Migration (Income Threshold and Exemptions for Subclass 189 Visa (New Zealand Stream)) Instrument 2020 (LIN 20/170) under the Migration Regulations 1994 (the Regulations) sets out specific provisions regarding the income thresholds and exemptions for applicants seeking a Subclass 189 visa through the New Zealand stream. Section 189.233(2) of the Regulations stipulates the minimum income requirement for applicants and identifies classes of applicants exempt from this income threshold. According to the instrument, the minimum taxable income for the 2019-2020 income year is $53,900, a figure consistent with previous years (section 7 of the instrument). The instrument also details the classes of applicants exempt from meeting the income threshold, such as those who are parties to a parenting plan assigning primary care of a child to them, and those with a parenting order made by any Australian court (item 1 of Schedule 1). This instrument imposes several obligations on applicants for a Subclass 189 visa. Firstly, applicants must meet the specified minimum taxable income for the relevant income year. Secondly, applicants who fall into the specified classes of exemptions must provide evidence to support their exemption status. These obligations are clearly outlined in the instrument to ensure compliance with the requirements set by the Regulations. The instrument does not alter the existing income thresholds but clarifies the circumstances under which applicants can be exempt from these thresholds, ensuring that the regulatory framework remains transparent and accessible. Failure to meet the income threshold or provide adequate evidence of exemption where applicable may result in the visa application being deemed incomplete or invalid. Although the instrument does not explicitly state penalties for non-compliance, it is implied that applicants who do not meet the criteria or provide the necessary documentation will face difficulties in having their applications processed successfully. Given the nature of the instrument as a regulatory update rather than a new legislative imposition, the primary consequence of non-compliance would likely be administrative, such as delays or rejections in visa processing. The instrument is exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, meaning it does not require a Statement of Compatibility with Human Rights. Furthermore, it commences on the day following its registration on the Federal Register of Legislation, ensuring that the new provisions are promptly in effect. This streamlined approach aims to maintain continuity and clarity in the application process for prospective visa applicants.