Legislation & Regulations

Dependent family members of New Zealand citizens eligible to apply for employer nominated permanent residence in Australia

1 November 2005 - Legislation change

Client summary

From 1 November 2005, the Migration Regulation 1994 (the Regulations) will be amended to allow dependent family members of New Zealand citizens to apply for permanent residence under the employer sponsored visa classes while they remain in Australia.

The Regulations will include the New Zealand Citizen Family Relationship (Temporary) subclass 461 visa as a qualifying visa for the Labour Agreement, Employer Nomination Scheme or Regional Sponsored Migration Scheme subclasses of visa.

Technical details

Add the following new subparagraph to paragraphs 855.212 (4)(a), 856.212(4)(a), and 857.212(4)(a) of Schedule 2

(..) New Zealand Citizen Family Relationship (Temporary)(Class UP)

so that the New Zealand Citizen Family Relationship (Temporary) (subclass 461) visa becomes a qualifying visa for a subclass 855 Labour Agreement visa, a subclass 856 Employer Nomination Scheme visa, and a subclass 857 Regional Sponsored Migration Scheme visa.

Additional information: Nil

Transitional arrangements: Nil

Forms: Nil

Instructions: PAM3 There is no impact on policy instructions as the PAMs for subclasses 855, 856 & 857 do not specifically mention the various subclasses eligible for these skilled visas.

Effect on delegations: Nil

Effect on systems: Minimal