New Zealand Citizens Living in Australia

@dmjdenise

@dmjdenise

There are over 600,000 New Zealand (NZ) citizens living in Australia, many of whom have made Australia their home without having to apply for a visa or work rights. However, they are temporary visa holders.

Providing there are no serious character or health issues known to authorities, NZ passport holders are granted a Subclass 444 Special Category Visa (SCV) by the time they pass through an Australian port to enter the country. No application is made to get an SCV and no paperwork is issued by the authorities. Many NZ passport holders will pass through the Australian ports and enter the country without knowing they hold this visa.

The SCV is a temporary visa with full work rights and access to Medicare although it provides minimal security until Australian citizenship or Australian permanent residence is obtained.

Each time the NZ passport holder departs Australia, their SCV ceases and each time they enter, the SCV is automatically issued and linked to the NZ passport used to gain entry. SCVs are valid from the date of last entry.

SCV holders can live indefinitely in Australia as lawful non-Australian citizens. Although they will be taxed at the same rate as Australian workers, most social benefits - such as welfare, unemployment, sickness, some disaster relief - will be out of reach for NZ citizens until either they pass a qualifying residence period (usually 10 years) or some time after Australian citizenship or Australian permanent residence has been granted. Additionally, many local government job vacancies permit only Australian citizens or Australian permanent residents to apply.

SCV holders may be eligible for Australian citizenship or permanent residence leading to Australian citizenship, depending on their circumstances.

Former Permanent Resident

NZ citizens who entered Australia before 1 September 1994 are deemed to be ‘former permanent residents’. An application can be made to have a Resident Return Visa (RRV), facilitating Australian permanent residence status and once the qualifying residence period has passed, RRV holders can apply for Australian citizenship.

Eligible NZ Citizen

SCV holders who were in Australia on 26 February 2001, or who were outside the country and had spent at least 12 months living in Australia in the 2 years prior, are generally considered ‘Protected’ or an ‘Eligible NZ Citizen’ and are given the same treatment as Australian permanent residents.

Once the qualifying residence has passed, Protected or Eligible NZ Citizens can consider applying directly for Australian Citizenship.

All Other NZ Citizens

NZ citizens who are not considered Former Permanent Residents or Eligible NZ Citizens will need to consider whether they are eligible for pathways to permanent residence via either the skilled migration or family sponsorship programs.

Fast-track Pathway to Australian Citizenship for Kiwis Residing Long-term

From 1 July 2023, all other SCV holders can apply for Australian citizenship by conferral with an easier and more direct pathway.

General Requirements

Immediately prior to lodging an application for Australian citizenship, SCV holders must have:

  • Been lawfully resident in Australia for at least 4 years

  • Lived in Australia for at least 12 months as an Australian permanent resident**

  • Absences from Australia that accumulate to no more than 12 months in the last 4 years and no more than 90 days in the last 12 months

** Australian Permanent Resident

For the sole purpose of meeting this requirement for Australian citizenship, SCV holders will be treated as Australian permanent residents when one of the following occurs:

  • SCV granted before 1 July 2022 = Deemed PR from 1 July 2022

  • First SCV granted between 1 July 2022 and 30 June 2023 = Deemed PR on the date the first SCV was granted during that period

  • Subsequent SCV granted from 1 July 2023 onwards = Deemed PR from the date of that subsequent SCV grant

Children Born in Australia

Where children are born in Australia to parents who respectively hold Australian citizenship and an SCV (i.e. one parent is an Australian citizen and the other parent is an SCV holder), the child automatically acquires Australian citizenship on the date of birth. There are no known changes to this process.

From 1 July 2023, children will automatically acquire Australian citizenship on their date of birth if they were born in Australia from 1 July 2022 onwards and their parents are SCV holders.  

  • SCV holders who have been residing in Australia long term, is deemed to have been an Australian permanent resident since 1 July 2022

  • New Zealand citizens granted an SCV for the first time on or after 1 July 2022, will be considered an Australian permanent resident from the date their SCV was granted. Generally, this will be the date they arrived in Australia

  • Provisions will apply to NZ citizens who are overseas and who held an SCV when they last departed Australia

  • From 1 July 2023, a child born in Australia to an SCV holder on or after 1 July 2022 may be deemed to have automatically acquired Australian citizenship at birth. These children can apply for evidence of citizenship.

Skilled Independent 189 Visa (NZ stream)

From 10 December 2022 this stream is closed to new applications.

Skilled Independent 189 Visa (Points Test stream)

The Skilled Independent 189 Visa (points test stream) is for those who have a skilled occupation on the relevant list, have a positive skills assessment in that occupation, meet the points test and acquire an invitation from the Australian government to lodge the visa. Applicants must be under 45 years at the time of invitation 

Skilled Nomination 190 Visa

The Skilled Nominated 190 Visa works the same way as the 189 visa (points test stream) and could be an option for those who do not have an occupation on 189-list. Additionally, the nominated occupation will need to be approved by the nominated State or Territory who will also issue an invitation to the applicant before they can lodge the visa

Employer Nomination Scheme (ENS) 186 Visa

The Employer Nomination Scheme 186 Visa does not require the support of a State or Territory nor an eligible family member. Applicants must be nominated in a skilled occupation on the relevant list by their Australian employer. Depending on the ENS pathway, a positive skills assessment in the nominated occupation may be required. In most instances, the applicant must be under 45 years

Partner Visa

The Partner Visa applicant requires sponsorship by a partner who is an Eligible NZ Citizen (see above), Australian citizen or Australian permanent resident. The relationship can start to qualify for this permanent residence visa if it is a fiancé relationship (via a Prospective Marriage Visa), a marriage relationship, a relationship registered with the State/Territory of residence, or a de facto relationship where the sponsor and applicant have been living together as a domestic couple for at least 12 months prior to lodgement

Parent Visa

NZ parents of children who have acquired Australian citizenship or Australian permanent residence may also qualify for Parent permanent residence visa

If you are a NZ citizen living in Australia, contact us to find out more information on the permanent residence options available to you.