New Zealand citizens living in Australia on a Special Category (subclass 444) visa have a useful concession for the 186 Direct Entry stream. If they meet the definition, they are exempt from the age limit and from the skills assessment and three year work experience requirements. The same applies to Subclass 461 holders. For other options, see Australian permanent residency for New Zealand citizens.
Key points
- The exemption is for the Direct Entry stream only.
- You must have worked for your nominating employer in the nominated occupation for at least 2 of the 3 years before applying.
- You must have held a 444 or 461 visa at almost all times in those 3 years.
- Paid leave counts as time worked. Unpaid leave and time with a different employer do not.
- The exemption covers age, skills and work experience, but not the English or nomination requirements.
Who qualifies
Under the Department’s instructions, a 444 or 461 worker applicant has worked for their nominating employer in the nominated occupation for at least 2 years in the 3 years immediately before applying, and held a 444 or 461 visa at almost all times in that 3 year period.
What counts towards the two years
| Counts | Does not count |
|---|---|
| Paid annual leave, paid sick leave and paid parental leave | Unpaid leave |
| Time on a bridging visa from a second or later visa application, working for the nominator | Work for a different employer |
| Overseas training arranged and paid for by the nominator, with full salary | Unemployment or a change of career |
| Overseas work for the nominator that the role sometimes requires, with salary paid | Other time overseas, which is treated as unpaid absence |
There is a 12 month buffer. Because the test is 2 years in the last 3, you can build up the two years around unpaid leave or absences, in one continuous period or several.
Evidence
- PAYG payment summaries and payslips;
- a detailed statement from the nominator confirming the start date, paid and unpaid leave, and any overseas trips for training or work;
- leave record extracts.
What still applies
The exemption does not remove the nomination requirements, competent English, health and character. Competent English is usually straightforward, because a New Zealand passport is one of the passports that meets it. See English requirements for the 186 and the requirements on genuine need and salary.
What you should do now
- Check your employer history: confirm you have been with your nominating employer in the same occupation for at least 2 of the last 3 years.
- List any unpaid leave: work out whether unpaid leave or overseas time reduces your total below 2 years.
- Ask your employer for a statement: request a detailed letter covering your start date, leave and any overseas work.
- Choose the right stream: make sure the nomination is lodged in the Direct Entry stream.
Frequently asked questions
Does the 444 exemption apply to the TRT stream?
No. It is a Direct Entry concession. TRT requires time on a 457 or 482 visa.
Do I need a skills assessment as a 444 holder?
Not if you meet the 444 worker definition. The exemption covers the Direct Entry skills assessment and three year work experience requirements.
Does time with a previous employer count?
No. The two years must be with your nominating employer in the nominated occupation.
Do I still need competent English?
The exemption does not cover English, but competent English can be met by holding a specified passport, and New Zealand is one of them. Most New Zealand citizens therefore meet it with their passport.
Does paid parental leave count?
Yes. The Department’s instructions treat paid leave entitlements, including paid maternity leave, as time worked.
Related guides
- Permanent residency for New Zealand citizens
- 186 Direct Entry stream
- 186 visa exemptions
- 186 visa skill requirements
- 186 visa
A New Zealander working in Australia and thinking about a 186? Book a consultation with one of our registered migration agents.
This article is general information only and is not legal advice for your situation.
400 Visas for Ship Crews, Media, Sport, Models and Influencers
Doctors and Lawyers: When Registration or Admission Is Your Skills Assessment
Married, Separated or Had a Baby After Your Skilled Visa Invitation?
Second Jobs, Volunteering and Overseas Work on a 482 Visa
Australian Study Requirement: RPL, Overlapping Courses and Time Offshore