Document ID: chunk:federal_register_of_legislation:F2023C00537:reg:6
Version: federal_register_of_legislation:F2023C00537
Segment Type: reg
Provision Reference: reg 6
Character Range: 4324–5245

6          Persons who have held special category visa—Subclass 189 visa holders
              (1)     For subsection 5(2) of the Act, a person is taken to have become a permanent resident on 1 January 2022 if the person:
(a)   is a New Zealand citizen; and
(b)   has held a special category visa; and
(c)   either:
             (i)  is the holder of a Subclass 189 visa in the New Zealand stream which was granted to the person after 31 December 2021 and before 1 July 2023 (the primary visa holder); or
            (ii)  is the holder of a Subclass 189 visa who satisfied the secondary criteria and is a member of the family unit of the primary visa holder.
              (2)     However, subsection (1) does not apply to a person who:
(a)   is in Australia as a diplomatic or consular representative of New Zealand; or
(b)   is the spouse or dependent child of a diplomatic or consular representative of New Zealand.