Newly Arrived Resident's Waiting Period (NARWP) and Qualifying Residence Exemptions 005-02020020

Coding a NARWP exemption is required as a workaround if all the following apply:

• the customer applied for a permanent visa
• the Department of Home Affairs rejected their visa application
• in a review of the visa rejection, that decision was set aside by a tribunal (for example, the Administrative Review Tribunal (ART)) and the visa was granted

Is the customer requesting assessment of their NARWP on these grounds?

• Yes, and the Service Officer is:
• not in CIS, go to Step 8
• in CIS, see Table 4
• No, go to Step 2

This procedure must only be used when:

• the customer does not already satisfy residence rules, or
• the customer does not already have an automatic NARWP exemption (for example, exemption for being an Australian citizen or holding a relevant visa), and
• directed to by a process in a 'residence assessment' procedure

See Resources for which exemptions are automatic.

Only refer to CIS if directed by the specific residence assessment procedure. See Related links on the Background page for procedures.

Has the Service Officer been directed to this procedure by a payment specific residence assessment procedure?

• Yes, go to Step 3
• No, see Australian residence requirements for payment. Procedure ends here

Referral to CIS should only be completed when one of the following applies:

• The customer has lodged a claim that is rejecting for a residence related reason
• There is a request for explanation or application for a formal review of a decision to reject for a residence related reason
• There is a request for a hypothetical answer where a customer has lodged a claim for a different payment (for example, Special Benefit) when they may qualify for a more beneficial payment such as JobSeeker Payment
• The warning message 'Customer's partner/parents arrived in Australia as a refugee. Check NARWP exemption-see OB005-02020020' presents in Process Direct
• Exemption needs to be ended as it does not apply to current claim

When processing a new claim, recording a request for explanation or application for formal review, make sure all residence coding has been completed to enable any possible automatic exemption assessment. See Residence and Portability Screens for further information.

Does the request meet CIS referral guidelines?

• Yes, and an exemption:
• is required, go to Step 4
• needs to be ended, go to Step 8
• No, an exemption does not need to be requested. Procedure ends here

For the purpose of NARWP Exemptions, family members include the following:

• A partner of the person
• A dependent child of the person
• Another person who, in the opinion of the Secretary, should be treated for the purposes of this definition as a partner or dependent child of the person

When assessing if a person is a family member of a refugee/humanitarian entrant, the relationship must be considered as at the time the refugee/former refugee arrived in Australia and their circumstances at one of the following times. For:

• Family Tax Benefit (FTB) - on the earliest date they may be entitled to receive payment (generally this would be the date the customer was both physically present and residing in Australia whilst the holder of a qualifying visa)
• Parental Leave Pay (PPL) - on the child's date of birth or entry into care
• Dad and Partner Pay (DAP) - on the DAP period start date
• Youth Allowance (YA) (student) and Austudy – from:
• date of claim, or
• the date they become a full time student which makes them a dependent child for this purpose (they must still meet all other dependent child criteria). This applies if they become a full time student up to 13 weeks after the claim date, or
• all other payments, on the date of claim

Exception: if the refugee or humanitarian migrant has died since arrival in Australia, the customer must have been a family member of that person when the person arrived and when the person died.

The Service Officer making the referral must assess the family relationship. In the referral to CIS, document this assessment fully, including the reasons for determining why a person is a family member.

Is the customer a family member of a refugee and was a family member at the relevant times?

• Yes, and the customer is:
• a partner of a refugee, go to Step 5
• a dependent child of a refugee, go to Step 6
• like a partner or a dependent child to a refugee, go to Step 7
• No, the claimant does not meet the requirement for a referral to CIS for NARWP exemption coding. Procedure ends here

Check the Marital Status (MS) screen for a Section 24 assessment.

If a Section 24 exists, determine if it is still valid. Under Section 24, the person is assessed as un-partnered for all social security purposes which includes NARWP exemptions. For the exemption to apply, the customer must be placed on the partner rate. Do not refer to CIS if the Section 24 assessment is valid. See Treatment of a partnered person as single under Section 24 new determinations.

Gather all the following information to include in the referral comments:

• Reason for request (NCL started/request for explanation/application for formal review of decision/claim for different payment)
• Payment type
• Date of claim (if NCL started)
• Visa subclass held by customer
• Visa grant date
• Refugee's CRN
• Refugee's name
• Refugee's date of birth
• Refugee's date of first arrival
• Date became member of a couple
• Any additional information to support your request

Before sending the referral to CIS, assess the claim fully.

Go to Step 8.

To be a dependent child, the child must be:

• an Australian resident, or
• living with an Australian resident or SCV holder residing in Australia

There are specific requirements which must be met, including age. For further information see Assessment of dependent children, additional income free area and child income under social security law.

When assessing a person as a dependent child, the exemption applies based on the day the situation is assessed. If the child ceases to be dependent after the claim is granted, (for example, a parent dies) the exemption will continue to apply for that claim, that is, until the next time the customer claims payment.

Gather all the following information to include in the referral comments:

• Reason for request (NCL started/request for explanation/application for formal review of decision/claim for different payment)
• Payment type
• Date of claim
• Visa subclass held by the customer
• Visa grant date
• Refugee's CRN (if known)
• Refugee's name
• Refugee's date of birth
• Refugee's date of first arrival
• Date the customer became a full time student (CIS staff do not need to sight evidence, the requesting Service Officer must confirm that the customer is a full time student before sending the referral)
• Reason why the customer is determined to be a dependent child
• Any additional information to support the request

Before sending the referral to CIS, assess the claim fully and code relevant study details screens if the claim is for a student payment, such as YA (student).

Go to Step 8.

There are very limited circumstances that meet this exemption reason.

This is intended for situations where a person cannot meet the definition of a partner or child but should be treated as one. This is generally when:

• a child is orphaned and under the care of a sibling or another family member who is a refugee, or
• the child and the refugee parent lived in two separate countries for reasons outside of their control, such as being separated when forced to flee their homes, and therefore did not arrive in Australia together, but otherwise would have

Things to consider:

• Why didn’t the customer accompany the refugee to Australia? How long after the refugee’s arrival did the customer join them in Australia? If that was a considerable time, why was it not sooner?
• What was the refugee’s intention when they came to Australia? For example, did they intend for their partner or dependent child to join them as soon as possible but something prevented them coming to Australia for many years? Were they still dependent on the refugee during the period of separation or was someone else caring for them?
• Did the refugee declare the customer to be their dependent child when they applied for refugee status, and if so, why was the customer not granted a refugee visa at the same time?
• If in different countries, in what ways did the refugee continue to be living with, caring for, and in control of the customer on the refugee’s arrival in Australia without the customer?

Note: to be considered under this provision, the person must still have had the family member relationship with the refugee when they arrived in Australia and currently. For example, if a person arrived in Australia with a parent and the parent has since died and they are now a dependent child of an aunt who is a refugee, they do not meet this provision as they were not a dependent child of the aunt when they arrived in Australia.

To be assessed as being 'like' a child of a refugee, a person generally must be a full time student under 22 years of age.

Based on information available (including conversation with the customer, if applicable), decide whether to treat the customer like a family member for this purpose. If so, the reasons used to make this decision must be included in the referral.

Gather all the following information to include in the referral comments:

• Reason for request (NCL started/request for explanation/application for formal review of decision/claim for different payment)
• Payment type
• Date of claim
• Visa subclass held by customer
• Visa grant date
• Refugee's CRN (if known)
• Refugee's name
• Refugee's date of birth
• Refugee's date of first arrival
• Relationship to refugee
• Why relationship is like a partner/dependent child (important to include detailed information)
• Date customer became a full time student (if applicable)
• Any additional information to support your request

Before sending the referral to CIS, assess the claim fully. Code relevant study details screens if:

• the claim is for a student payment, such as YA (student), and
• the person is claiming as a dependent child

Go to Step 8.

Send a referral to CIS.

In Process Direct > NCL activity:

• Select > Referral
• Referral type: International Services (CIS)
• Are you creating a referral for a claim? Yes
• Select Next
• Referral Details: displays
• Referral Reason: NARWP & QRE Exemption Service Request
• Referral Details: leave blank
• Country: leave blank
• Call customer required: update as required
• Additional Information: field must be completed with all known details, including:
• details gathered in Step 5, 6 or 7, or
• if the referral is due to a visa rejection being overturned, or
• if it is a request to end a previous qualifying residence period exemption
• Select Finish

Outside NCL activity:

• Select > Referral
• Referral type: International Services (CIS)
• Referral reason: NARWP & QRE Exemption Service Request
• Check Payment type is correct
• Select Next
• Referral Details displays
• Update the following options as required:
• Vulnerable or suspended customer
• Call customer required
• Translation required
• Appeal request
• Additional Information: field must be completed with all known details, including:
• the details gathered in Step 5, 6 or 7, or
• if the referral is due to a visa rejection being overturned, or
• if it is a request to end a previous qualifying residence period
• Select Next
• Select Finish

Create a Fast Note - select Auto Text, use Centrelink International Services > Residence > QRE/NARWP Exemption Request.

Note: this Fast Note is used for multiple scenarios. Delete text in the document as appropriate and make sure all required fields are completed. Missing/incomplete information may cause the NARWP exemption to be incorrectly rejected.

Hold the claim/request for explanation for 2 weeks. Once QRE/NARWP Exemption has been assessed, CIS will DOC the record and take claim/ request for explanation off hold to allow reallocation. Use the Status icon to change the status from on hold.

Procedure ends here.

A customer may have been granted an exemption in the past, which they are not entitled to for a subsequent claim. For example, someone who was assessed as a dependent child of a refugee previously but is no longer a dependent child for the most recent claim.

Is the request to end existing exemption coding?

• Yes, see Table 3, Step 2
• No, go to Step 2

The QRE/NARWP Exemption Request DOC on the customer's record contains:

• Reason for request (NCL started/ request for explanation/application for formal review of decision /claim for different payment)
• Payment type
• Date of claim
• Visa subclass held by customer
• Visa grant date
• Refugee's CRN (if known)
• Refugee's name
• Refugee's date of birth
• Refugee's date of first arrival
• Relationship to refugee (Partner/Dependent child/Other)
• If other, why is relationship like a partner/dependent child (if applicable)
• Date became member of a couple (if applicable)
• Date customer became a full time student (if applicable)
• Confirmation of relationship status
• Additional information (if applicable)

Use this information to assist in the assessment process.

When assessing if a person was a family member of a refugee/humanitarian entrant, the relationship must be considered as at the time the refugee/former refugee arrived in Australia and their circumstances at one of the following times. For:

• Family Tax Benefit (FTB) - on the earliest date they may be entitled to receive payment (generally this is the date the customer was both physically present and residing in Australia whilst the holder of a qualifying visa)
• Parental Leave Pay (PPL) - on the child's date of birth or entry into care
• Dad and Partner Pay (DAP) - on the DAP period start date
• Youth Allowance (YA) (student) and Austudy - from:
• date of claim, or
• the date they become a full time student which makes them a dependent child for this purpose (they must still meet all other dependent child criteria). This applies if they become a full time student up to 13 weeks after claim date.
  Note: if the exemption start date is after the claim date (up to 13 weeks), the payment will go to a status of ASS (Assessed) with a future start date equal to the NARWP exemption start date. If the exemption start date is more than 13 weeks after the claim, the claim will correctly reject NWA/NW2, or
• all other payments - at date of claim

Exception: if the refugee or humanitarian migrant has died since arrival in Australia, the customer must have been a family member of that person when the person arrived and when the person died.

If the family member exemption request is for:

• Partner of a refugee, go to Step 4
• Dependent child of a refugee, go to Step 5
• Like a partner or a dependent child to a refugee, go to Step 6

Check the QRE/NARWP Exemption Request DOC, if the customer became a member of a couple after refugee's arrival date, the exemption does not apply.

Note: Marital Status (MS) screen often does not reflect partnered status at time of refugee's arrival. Providing the requesting officer can indicate that the relationship was present at time of refugee's arrival, this coding does not need to be corrected.

Check the MS screen to make sure the customer is assessed as partnered at the date of claim or at the appropriate date for FTB, PPL and DAP. If the customer is currently assessed as single under Section 24 provisions, the exemption does not apply.

If any doubt exists, contact the customer to request further information.

Determine if the exemption applies. For coding instructions, see Table 3, Step 1.

When assessing a person as a 'dependent child', the exemption applies based on the day the situation is assessed. If the child ceases to be dependent after the claim is granted, (for example, a parent dies) the exemption will continue to apply.

Note: a child can be considered independent for YA purposes and at the same time be a dependent child for NARWP/Qualifying Residence Exemption purposes.

To be a dependent child, the child must be:

• an Australian resident, or
• living with an Australian resident or SCV holder residing in Australia

There are also age specific requirements that must be met. See Assessment of dependent children, additional income free area and child income under social security law.

The QRE/NARWP Exemption Request DOC should contain information about the reasons why the requesting officer is satisfied that this meets the requirements of a dependent child. If any doubt exists, contact the customer to request further information.

Determine if the exemption applies. For coding instructions, see Table 3, Step 1.

There are very limited circumstances that meet this exemption reason. For example, an exemption could apply where a child is orphaned and under the care of a sibling or other family member carer who is a refugee. For more details, see Table 1, Step 7.

The QRE/NARWP Exemption Request DOC contains information about the reasons why the requesting officer is satisfied this meets the requirements of 'like' a partner or dependent child to a refugee. If any doubt exists, contact the customer to request further information.

Note: the delegation for these decisions under Section 7(6) does not need to be referred to the CIS business manager.

Determine if the exemption applies. For coding instructions, see Table 3, Step 1.

• Go to the Residence Savings (RSS) screen
• Update Family Member/Refugee Code field with the appropriate reason:
• FME - Family Member of a refugee
• NOT - Not entitled to exemption
• Code Date of Event for:
• Family Tax Benefit (FTB) - on the earliest date they qualify for the exemption and may be entitled to receive payment (generally this is the date the customer was both physically present and residing in Australia whilst the holder of a qualifying visa), or
• Parental Leave Pay (PPL) - on the child's date of birth or entry into care, or
• Dad and Partner Pay (DAP) - on the DAP period start date, or
• Youth Allowance (YA) (student) and Austudy – from:
  - date of claim, or
  - the date they become a full time student which makes them a dependent child for this purpose (they must still meet all other dependent child criteria). This applies if they become a full time student within 13 weeks after the claim date.
  Note: if the exemption start date is after the claim date (up to 13 weeks), the payment will go to a status of ASS (Assessed) with a future start date equal to the NARWP exemption start date. If the exemption start date is more than 13 weeks after the claim, the claim will correctly reject NWA/NW2
• all other payments, on the date of claim

Go to Step 3.

• Go to the Residence Savings (RSS) screen
• Update Family Member/Refugee Code field with the reason NOT - Not entitled to exemption
• Code Date of Event from a date before the earlier of:
• Date claim submitted, or
• Expected start date
• Do not finalise NCL activity
• Annotate 'End QRE/NARWP exemption' DOC to advise coding has been completed
• Take the corresponding activity off hold to allow reallocation

Document whether the customer is or is not entitled to a QRE/NARWP Exemption using Fast Note - select Auto Text, use Centrelink International Services > Residence > QRE/NARWP Exemption Decision.

Include detailed information about the reason for approval or rejection.

Note: this Fast Note is used for multiple scenarios. Delete text as appropriate.

Once QRE/NARWP exemption coding/decision has been finalised, take the corresponding activity (NCL/request for explanation/application for formal review of decision) off hold to allow reallocation. Use the Status icon to change the status from on hold.

If all the following applies:

• the customer applied for a permanent visa
• the Department of Home Affairs rejected their visa application
• in a review of the visa rejection, that decision was set aside by a tribunal (for example, the Administrative Review Tribunal (ART)) and the visa was granted

The start date of the NARWP is the date the Department of Home Affairs originally decided not to grant the visa.

Example

• The customer applied for a visa on 12 January 2021 which was rejected by the Department of Home Affairs on 10 February 2022
• The customer appealed this decision, and on 5 September 2022, the ART determined that the rejection was incorrect and they set aside the decision
• The start date of the NARWP would be 10 February 2022 (this is the date the visa application was originally rejected)

Note: the Department of Home Affairs do not 'backdate' visas. In these cases, they only grant a visa from the date of the tribunal decision. In the above example, the Department of Home Affairs Movement Reconstruction (MR) database will reflect the grant from 5 September 2022. This will also be the date of grant of the visa on the Legal Residence Details (RSLEG)screen. Do not change the date of grant on the RSLEG screen.

The use of the earlier date applies only to the NARWP. It does not apply to residence qualification rules, including the qualifying residence period. A person can only accumulate qualifying residence from the date the Department of Home Affairs grants the visa. In the above example this would be from 5 September 2022.

Evidence is needed to determine the customer's circumstances meet this situation.

Evidence may be:

• an ART request for implementation of decision, or
• the customer providing official notification from the Department of Home Affairs that the initial rejection of their visa application was overturned

Check Document Tools to see if evidence has been provided.

If evidence has not been provided request this from the customer, see Requesting information (CLK). If unable to obtain evidence from the customer, escalate the case to the CIS Helpdesk. CIS Helpdesk will then liaise with Department of Home Affairs to confirm the details.

Has evidence been provided?

• Yes, read thoroughly. If the evidence clearly shows the date the visa was originally rejected and that the rejection was overturned on appeal, go to Step 3
• No, this provision does not apply. The customer's NARWP will start from the date of grant of the permanent visa on the RSLEG screen. Procedure ends here

The NARWP starts from the date the Department of Home Affairs originally decided to reject the customer's visa.

The coding required depends on the:

• payment and/or concession type claimed, and
• the date of the visa rejection (the start date of the NARWP)

Is the date of the visa rejection (the start date of the NARWP) before 1 January 2019?

• Yes, go to Step 4
• No, go to Step 7

On 1 January 2019, the NARWP increased for most payments and concessions. The length of the NARWP the customer is required to serve can be found on the Resources page of Newly Arrived Resident's Waiting Period (NARWP) and Qualifying Residence Period, see the NARWP length table.

From the 'Visa granted before 1 January 2019' column, determine the length of the NARWP for the customer based on the payment and/or concession card they have claimed.

Is this length of time lower than the length of time in the column 'Visa granted on or after 1 January 2019'?

• Yes, and the NARWP required to be served is:
• 'Nil', go to Step 10
• 2 years, go to Step 5
• No, the length of the NARWP is the same in both columns. Take note of the required length of the NARWP the customer is required to serve, go to Step 8

Check residence screens to determine if, based on the date the visa was rejected (the start date of the NARWP), the customer has served the 2 year NARWP.

Check:

• Country of Residence (CRES) screen for periods the customer has lived in Australia
• Immigration Advised Movements (RSIM) screen for movements in and out of Australia (absences are not included in the calculation of the NARWP)
• Periods of AU Presence while AU Resident (RSPAP) and Periods of Australian Residence (RSPAR) screens for historical periods of Australian residence

Note: if a customer previously held a permanent visa, time in Australia whilst holding that visa counts towards the NARWP.

Has the customer served the 2 year NARWP or will they serve the 2 years within the next 13 weeks?

• Yes, go to Step 6
• No, go to Step 11

Due to system limitations, the coding required will depend on if the customer has served the 2 year NARWP from the grant date of the visa on the RSLEG screen.

Check the date of grant of the current visa on the RSLEG screen.

Has the customer served 2 years (or will they serve the 2 years within the next 13 weeks) from the date of the grant of the visa on the RSLEG screen?

• Yes, go to Step 10
• No, go to Step 9

The length of the NARWP the customer is required to serve can be found on the Resources page of Newly Arrived Resident's Waiting Period (NARWP) and Qualifying Residence Period, see the NARWP length table.

From the 'Visa granted on or after 1 January 2019' column, determine the length of the NARWP for the customer.

Go to Step 8.

Check residence screens to determine if, based on the date the visa was rejected (the start date of the NARWP), the customer has already served the NARWP.

Check the following screens:

• CRES for periods the customer has lived in Australia
• RSIM for movements in and out of Australia (absences are not included in the calculation of the NARWP)
• RSPAP and RSPAR for historical periods of Australian residence (if a customer previously held a permanent visa, time in Australia whilst holding that visa counts towards the NARWP)

Has the customer served the NARWP for the payment and/or concession card they have claimed, or will they serve the NARWP within the next 13 weeks?

• Yes, go to Step 9
• No, go to Step 11

Note: if there is a NCL activity on the record, do the coding within the claim.

As a workaround, code an exemption on the RSS screen from the earliest date of the claim.

Process Direct

• In the Family Member/Refugee Qualification subheading select Add
• Event Date: enter the earliest date of the claim
• Family Member/Refugee Code: select 'Pre 1/9/94 refugee'
• Select Save

Customer First

• Family Member/Refugee Code: field, code PRE
• Date of Event: field enter the earliest date of the claim

Go to Step 12.

Note: if there is a NCL activity on the record, do the coding within the claim.

Coding an exemption on the GFS screen will allow the system to reflect the length of the NARWP is based on rules for 'Visa granted before 1 January 2019'.

Process Direct

• Select Add new row
• Start Date: 01/01/2019
• Benefit Type: the payment being claimed
• Change Reason Code: APL - APPEAL
• Grandfathering Status: GRF - Grandfathered
• Type: NWA - 2019 NARWP EXEMPTION(NWA)

Customer First

• Select NWA from the Add Grandfathering Type dropdown menu
• Select Continue
• Complete the required fields:
• Date of Effect: enter as 1 January 2019
• Ben Type: the payment being claimed
• Status: GRF
• Reason: APL - appeal
• Source and Receipt Date

Go to Step 12.

If, based on the new start date of the NARWP, the customer has not served the required amount of time for the NARWP, they do not meet residence requirements and are not eligible for payment.

The customer may be given the current expected date of completion of the NARWP. They must be told that the date may change depending on their circumstances (for example if they travel outside of Australia or have changes to their visa). They can reclaim payment once they have served the NARWP.

Go to Step 12.

If the coding was done:

• in a NCL, take the claim off hold. It will be allocated to a NCL processor for actioning
• outside of a NCL, go to the Assessment Results (AR) screen and finalise the activity

Create a DOC or annotate the referring Fast Note. Clearly outline the reason the decision was made, and the coding done.

Note: if the customer is due to serve the NARWP within 13 weeks, the claim will grant with a status of Assessed (ASS). Payment will commence once the NARWP has been served. If this applies, note this in the DOC or annotation.