Income exemption

Primary applicants may be able to claim an exemption to the income requirement. When applying for an exemption, primary applicants are still required to submit Notices of Assessment (as issued by the Australian Taxation Office) even if their income does not meet required levels.

Note: All Notice of Assessments must have the Tax File Number removed or obscured before they are provided to the Department.

Exemptions to the income requirement are limited to the following categories and require additional evidence described below:

Family court/parenting plan exemption

As the primary applicant, you can make a claim for exemption to the income requirement if an Australian authority prevents you from leaving Australia to return to New Zealand, because the Family Court of Australia has assigned primary care of a child to you and places restrictions on you from removing the child from Australia.

You can provide the following documents (or combination of documents) to support your claim for an exemption

  • A parenting order or a registered/written parenting plan signed by both parents,
  • which assigns primary care of a child to a New Zealand citizen.

Compensation claim exemption

As the primary applicant, you can make a claim for exemption to the income requirement if you are receiving compensation for an injury, which prevents you from earning at or above the income threshold and if you returned to New Zealand, your ongoing rehabilitation and/or compensation would be discontinued.

You can provide any of the following documents (or combination of documents) to support your claim for an exemption due to a compensation claim.

  • a statutory declaration from the applicant outlining their personal circumstances
  • a statutory declaration from the employer advising on return date and income amount
  • a medical certificate
  • official compensation documentation relating to that applicant
  • official rehabilitation documentation relating to that applicant

Parental/carers leave waiver

As the primary applicant, you can make a claim to have the income requirement waived if you are on an approved period of parental (including maternity and paternity) or carer’s leave from your usual employment. Immediately prior to the period of parental or carer’s leave, you must have had an annual income that was no less than the income threshold; and you must have resumed, or intend to resume, earning an income that is no less than the income threshold

You can provide any of the following documents (or combination of documents) to support your claim for a Parental/Carers leave waiver

  • a statutory declaration from the applicant outlining the personal circumstances
  • a statutory declaration from the employer advising on return date and income amount
  • birth certificate for the child
  • medical certificate for carer responsibilities