Dependent family members of New Zealand citizens eligible to apply for employer nominated permanent residence in Australia
1 October 2006 - Legislation change
Client summary
From 1 October 2006, the Migration Regulations 1994 ('the Regulations') will be amended to allow dependent family members of New Zealand citizens to be eligible for grant of a Subclass 856 visa on the basis of demonstrating their skill level by having spent two years in Australia on a qualifying visa.
When the Regulations were amended earlier this year to 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 visas, inadverently a reference to Subclass 461 was not included in 856.213(b)(iii)(A). The effect of this omission was that holders of a Subclass 461 visa could not demonstrate their skill level on the basis of having worked two years as the holder of that visa, as intended by policy. The amendment corrects this oversight.
Technical details
Amendment to: 856.213(b)(iii)(a)
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