New Zealand Citizens

If you are a New Zealand citizen and entered Australia on or after the 26 February 2001 on a New Zealand passport you will generally have been issued a Sub-class 444 or “Special Category Visa (SCV)”. If you entered Australia on a New Zealand passport, you may not be aware that you hold a SCV because these visas are granted automatically on entry into Australia. There will be no stamp in your passport indicating that you were issued with the visa. If you have been granted a SCV you can work and live in Australia indefinitely however it is not a permanent visa. If you are a New Zealand citizen and if eligible under available categories, you can apply to the Australian government Department of Home Affairs (DHA) for a permanent visa and if successful, you will become a permanent resident of Australia. Prior to the granting of permanent residence, you can only receive the full range of Social Security payments as a New Zealand citizen if you are ‘an eligible NZ citizen’. An eligible NZ citizen is a NZ Citizen who was in Australia on or was usually resident in Australia as a SCV holder for at least 12 months in the 24 months before February 26, 2001. This meant that the 2001 law change does not apply to this cohort. These New Zealanders were given ‘protected’ status. Thus then term Protected SCVs. Eligible NZ citizens or  Protected SCVs have the same rights as Australian permanent residents.

FAST TRACK PATHWAY TO AUSTRALIAN CITIZENSHIP

The Australian Government has announced new eligibility arrangements for Australian citizenship from 1 July 2023 for New Zealand citizens arriving in Australia AFTER THE 26 FEBRUARY 2001 holding SCV/SC444 visas. For this cohort the eligibility is 4 years residence in Australia, and they do not need to hold permanent residence for 12 months before being eligible to apply.

As this will be an application for citizenship,  the applicant must also however satisfy the usual citizenship criteria including meeting the  residence requirement (including absences) and character clearance.

The legal effect of the new arrangements is to deem holders of SCV/SC444 visas to be permanent residents for the purposes of Australian citizenship from the 1 July 2022. If a SCV/SC444 visa is granted after 1 July 2022 then that visa holder will be deemed a permanent resident from the date that visa was granted.

Please note: This status however is only relevant for citizenship purposes. SCV/SC444 holders will remain temporary visa holders until or unless they change that status.

ANY APPLICATIONS CURRENTLY IN THE SYSTEM OR LODGED PRIOR TO THE 1 JULY 2023 WILL BE ASSESSED UNDER PRE-1 JULY 2023 REGULATIONS.

The following options for NZ citizens arriving after the 26 February 2001 (or ineligible NZ citizens) are available:

1. SCV holders’ family members

Eligibility for a SCV holder’s family member (including partner, child etc) to apply for a temporary NZ Family Relationship (Subclass 461) visa; This visa remains temporary until or unless the temporary visa holder becomes entitled to apply for permanent residence. The 5 following options are permanent visas and can facilitate Australian citizenship in due course:

2. Independent Skilled SC189 visa – skilled criteria – invited via SkillSelect

Eligibility to apply for a independent skilled migration through the usual SkillSelect process via the Skilled Independent SC 189 and Skilled Nominated SC 190 and Skilled  Regional (State or Territory Sponsored) SC489 visa sub-classes, by satisfying the application criteria and achieving the required points and being invited to apply for any one of these visa categories.

3. Employer Nominated Scheme (ENS) visa 

Eligibility to apply for an ENS/RSMS visa. Whilst holders of sub-class 444 (and 461) visas resident in Australia are excluded from the ENS – Temporary Residence Transition Stream, as it is restricted to 457 visa holders, they have been allowed to apply for the ENS Direct Entry Stream if they been working with their nominating employer in their nominated occupation for at least two of the last three years immediately before making their application. In these circumstances, you will be exempt from having to provide the usual skill assessment (including the 3 year experience) requirements and also the age requirement.

Please note: The age exemption is particularly advantageous, as this is one of the few skilled visas allowing applications beyond 45 years.

4. Business Innovation and Investment Program (BIIP)

Eligibility to apply for a permanent visa under the BIIP (Sub-class 888) – Business Innovation Stream – without first having to hold a provisional BIIP Sub-class 188 visa.

5. Resident Return Visas (RRV)

Eligibility  for New Zealand  citizens to apply for recognition as an RRV holder if you had been in Australia for any amount of time (as little as a day) before the 1 September 1994 and can personally satisfy the 2 main qualifying criteria:

• That you have substantial ties (business, cultural, employment or personal) which benefit Australia; and
• That you have compelling reasons for any absence from Australia more than 5 years since the date you were last granted permanent residence (i.e. for a New Zealand citizen, your last arrival in Australia before 1 September 1994)

6. Skilled Independent sc 189 visa (NZ stream)

THIS VISA SUB-CLASS HAS BEEN SUSPENDED – NO NEW APPLICATIONS CAN BE MADE UNDER THIS STREAM

New Zealand citizens already granted Australian permanent residence under this previous pathway are excluded from the new government arrangements for New Zealand citizens as at the 1 July 2023, since they are permanent residents and longer SCV/SC444 visa holders.

.University fees- NZ citizens and Australian permanent residents New Zealand Citizens and Australian permanent residents (other than holders of permanent humanitarian visas) are eligible for Commonwealth supported places and are not subject to overseas student fees, but they are required to pay their student contribution amount up front, in full – without discount. New Zealand Citizens and holders of Australian permanent visas (other than a permanent humanitarian visa) are not eligible for a HECS-HELP loan. Some other disadvantages NZ citizens (Kiwis) may experience from moving to/living in Australia:

• Kiwis are entitled to family payments, including family tax benefit, baby bonus, childcare benefit and parental leave pay, and medical care under MediCare BUT are excluded from Newstart (unemployment) benefits, parenting payments and youth allowance, including the Paid Parental Scheme (PPS);
• Kiwis living in Australia continuously for 10 years since February 2001 might be eligible for once-only Newstart and youth allowances for up to six months.
• Kiwis are excluded from the new Disability Insurance Scheme, including children of NZ parentage born in Australia.
• They cannot receive disability support pension for non-work-related disabilities developed while living in Australia.
• Kiwis are excluded from new payments for Australian residents injured by terrorist attacks abroad.
• Kiwis are excluded from disability support services in Queensland, which is now amending anti-discrimination laws to allow exclusion of New Zealanders.
• Kiwis do not have access to public housing in Queensland, Western Australia and New South Wales, which also now refuses Kiwis emergency accommodation.
• Kiwis have been excluded from student concessionary travel in Victoria, including primary and secondary school pupils and extending to all New Zealanders regardless of date of arrival. This is now subject to an anti-discrimination case

For advice on how to change your visa status from temporary to permanent visa holders please contact us

Australian citizenship for NZ citizens 

Read more about Australian Citizenship

Until recently NZ citizens were not able to acquire Australian citizenship based upon time spent living in Australia, regardless of payment of tax or Medicare. The SC 444/ Special Category Visa (SCV) is a temporary visa which allows the holder(s) to live and work in Australia.  Recent changes to the regulations have deemed SC444/SCV holders in Australia permanent residents from the 1 July 2022. This legislative status is only relevant for citizenship purposes. If Australian citizenship is not pursued, then New Zealand citizens will remain temporary visa holders unless their status is changed through any of the available pathways (listed in 1-5 above).

Some history:

Before 26 February 2001

This was the date that the category ‘Eligible NZ citizen (ENZC) was closed. Those NZ citizens who were resident in Australia at that date (or in a narrow range of other exceptional circumstances were deemed to be so), were labelled ‘Eligible NZ residents’ or ‘Protected Special Category’ Visa holders and placed on an equal footing with Australian permanent residents and also Australian citizens. An ENZC can sponsor family members and is eligible to apply for Australian citizenship. (See too the RRV cohort).

After 26 February 2001

NZ citizens who arrived in Australia after the 26 February 2001 dead-line are now simply temporary visa holders (SCV) with full work rights. There is no need to apply for this visa, as is granted automatically upon entering Australia, based on the NZ passport held- unless the person is of ‘special significance’. It remains a temporary visa unless or until it is changed.

Children of SCV holders are treated as overseas students particularly for tertiary education if they remain on their SCVs.

Generally speaking New Zealand citizens must first become Australian permanent residents, or be Eligible NZ Citizens or be deemed RRV holders to be granted Australian citizenship.

However following recent legislative changes, New Zealand citizens who have been in Australia for at least 4 years before applying are deemed to be permanent residents for citizenship purposes only as at the 1 July 2022, so they can apply on or after the 1 July 2023 – after meeting the usual required citizenship criteria.