At Krish Law, we would like to inform our clients and the broader community about significant recent changes to Australia’s migration programs, particularly affecting business and New Zealand citizen visa pathways.

Closure of the Business Innovation and Investment Program (BIIP)

The Business Innovation and Investment Program (BIIP) has been permanently closed to new applications as of 31 July 2024. This closure applies to the following visa subclasses:

• Business Innovation and Investment (Provisional) visa (subclass 188)
• Business Talent (Permanent) visa (subclass 132)

While new applications are no longer accepted, the Department of Home Affairs will continue processing applications lodged before this date.

Refunds for Withdrawn Applications

Eligible applicants who choose to withdraw their application on or after 31 July 2024 may be entitled to a refund of the Visa Application Charge (VAC). Applicants should carefully consider their options before making a decision and seek professional advice where necessary.

Permanent Closure of the Subclass 189 New Zealand Stream

The New Zealand stream of the Skilled Independent visa (subclass 189) has been permanently closed to new applications from 1 July 2023.

This change aligns with the introduction of a new direct pathway to Australian citizenship for New Zealand citizens, providing an alternative and often more beneficial route.

The Department will continue to process applications that were lodged before the closure date.

Options for New Zealand Citizens with Pending Applications

Applicants who have already lodged a New Zealand stream application may wish to carefully review their options. In particular:

• Those with family members holding a Special Category visa (subclass 444) may consider withdrawing their visa application.
• They may instead be eligible to apply directly for Australian citizenship by conferral.

In many cases, the citizenship application fee is lower than the second instalment of the visa application charge required for the subclass 189 visa.

However, applicants should consider:

• Their individual circumstances
• The benefits of permanent residency versus citizenship
• Expected processing timeframes

It is important to note that applicants will remain temporary residents during the citizenship processing period.

Applications Lodged Before 10 December 2022

Applications submitted before 10 December 2022 will continue to be processed by the Department.

Applicants may still:

• Add eligible partners and children to their application

However, no new applications can be lodged under this stream.

Withdrawing Applications and Refunds

Applicants may withdraw their application through their ImmiAccount.

Please note:

• The first instalment of the Visa Application Charge is non-refundable
• Refunds are not available for applicants who have already been granted a subclass 189 visa under the New Zealand stream, including their family members.

Need Advice?

These changes may significantly affect your migration strategy. At Krish Law, we recommend obtaining tailored legal advice before making any decisions regarding withdrawal, refunds, or alternative pathways such as citizenship or family visas.