What is an Eligible New Zealand Citizen?
In Australian immigration law, there is a category of persons labelled Eligible New Zealand Citizens. It is arguably one of the misunderstood terms in the field and for good reason. For anyone newly looking into Australian visas, you could be forgiven for thinking that an Eligible New Zealand Citizen was simply a New Zealand citizen who is eligible for a visa or just any New Zealand citizen. And to be honest, most people who come across this term for the first time do. Why wouldn't it – the name seems self-explanatory, right?
In actual fact the class of Eligible New Zealand Citizen refers to a particular set of NZ citizens who were living in Australia around 2001. This class of people is sometimes also referred to as 'protected SCV holders' – SCV being a Special Category Visa or subclass 444 visa that NZ citizens hold when they enter Australia.
It is unlikely that a New Zealand citizen who newly comes across this term is also an Eligible New Zealand Citizen.
The fact that Eligible New Zealand Citizens and regular NZ citizens both can travel in and out of Australia without actively making a visa application and then holding a Special Category Visa (SCV), subclass 444, while in Australia only adds to the confusion.
So, who exactly are classed as Eligible New Zealand Citizens?
Essentially, you are an Eligible New Zealand Citizen if you:
were in Australia on 26 February 2001 as the holder of an SCV subclass 444; or
spent at least 12 months in Australia as the holder of an SCV subclass 444 in the two years immediately before 26 February 2001; or
commenced or recommenced residing in Australia within three months from 26 February 2001; or
were residing in Australia on 26 February 2001 but were temporarily absent.
You may also be an eligible New Zealand citizen, or protected SCV holder if you fall within the definition of 'protected SCV holder' in section 7 of the Social Security Act 1991. The definitions in the Social Security Act are similar to those listed above but with some more complex additions.
The take away from this though, is that if around 2001 you were a NZ citizen in Australia you could be an Eligible New Zealand Citizen and it would definitely be worth the look into.
If they both hold the same visa, what's the difference between an Eligible New Zealand Citizen and a regular NZ citizen in Australia?
The answer to this is all in the benefits and entitlements. As a regular NZ citizen, you can travel to Australia and stay indefinitely. You get some Medicare benefits and in very limited circumstances you can obtain social security payments for a maximum of 6 months as a one off. If a regular NZ citizen wants to become a citizen they generally need to apply for a PR visa first and then apply for citizenship when eligible.
Eligible New Zealand Citizens on the other hand, while holding the 'temporary' subclass 444 visa, have similar rights to that of Australian permanent resident and are eligible for Australian citizenship without applying for a specific Permanent Resident visa first. Among other things they can also sponsor a partner for an Australian partner visa like a permanent resident or citizen can. It is important for family members of NZ citizens to find out the status of the NZ citizen to ensure they apply for the correct visa type.
So, if I am not an Eligible New Zealand Citizen how can I get PR or citizenship in Australia?
This will depend entirely on your circumstances but, unless you were born here or here before 2001, most commonly NZ citizens will need to apply for a permanent Australian visa and then citizenship when eligible.
There are some special concessions for NZ citizen in the eligibility of some visa types and they also benefit from not being restricted by a visa expiry date as they can remain in Australia indefinitely.
I would encourage you to seek further guidance and advice if you are not sure.
I am an Eligible New Zealand Citizen, now what?
If you claiming to be an Eligible New Zealand Citizen you may be required to show evidence of this. Especially if the claim is relating to social security or to sponsor a partner for a visa. An example of this could be Australian movement records showing you being in Australia on the 26 Feb 2001.
However, if you're thinking that the absence of evidence means you are not an Eligible New Zealand Citizen think again. The Government may already have records of you determining you as an Eligible New Zealand Citizen. To check this you could consider submitting a Freedom of Information (FOI) request to see what records the relevant Department has that relates to you.
CASE STUDY: The partner of a NZ citizen applied for a Subclass 461 visa which is for immediate family members of NZ citizens. The application processed for two years before being refused on the basis that not only had the applicant partner been caught out by the DHA on a reality dating show during the processing time, suggesting the relationship was not genuine, but also the NZ citizen partner was classed as an Eligible New Zealand Citizen meaning the Subclass 461 visa was not available to the applicant and had the relationship been genuine the couple should have lodged an Australian Partner Visa (Subclass 820/801) application.
Disclaimer: The above information does NOT constitute legal advice and DOES NOT create a lawyer-client relationship between you and Visa Sidekick. It does not take into account individual circumstances and is intended to be informational only. If you need legal advice please contact an Australian Immigration Lawyer.