***PLEASE NOTE THE BELOW WAS CURRENT AT THE TIME OF ORIGINAL POSTING. FROM 1 JULY 2023 THIS VISA HAS BEEN REPLACED BY A DIRECT CITIZENSHIP PATHWAY FOR NZ RESIDENTS IN AUSTRALIA - SEE HERE FOR INFO***

Are you a NZ citizen who was in Australia on or prior to February 2001?

Are you a NZ citizen who has been living and working in Australia since February 2016?

Were you born in Australia and lived in Australia until you were at least 10 years old?

If you answered yes to any of the above, you might be eligible for permanent residency or Australian citizenship.

It’s times like these that remind us it is so important to take advantage of opportunities available to us while we have the chance. Never again will I say no to a pint at the pub, brunch with a mate or catching a game of footy at the MCG.

When it comes to your visa, it is super important to seize opportunities for a visa while it is available to you because you just never know what could happen to take that away. 

One day in 2017, the Government suddenly announced dramatic changes to the occupations lists that relate to eligibility for certain visas. These changes applied immediately and retrospectively, which meant they applied to all applicants whose visa had been lodged but not decided yet. In that instant, tens of thousands of people no longer visa options that they would have had previously. It was so unexpected that we only found out when the phones were instantly ringing off the hook with clients panicking that they were affected. 

The DHA can be ruthless to temporary visa holders, but they do so to ensure that Australia’s citizens and permanent residents are the number one priority, which has been made clear during this COVID-19 crisis.

The reciprocal arrangements that we have in place with our neighbours in New Zealand mean that travel between the two is generally effortless for its citizens. However, more often than not, this means those NZ citizens are content with the visa they have. Some don’t even realise they hold a visa because they don’t have to make an application for it themselves. 

For those they may not have been aware, generally NZ citizens are granted a subclass 444 visa on each entry to Australia. This visa then ceases when the person departs Australia. The visas are indefinite and an eligible person can be granted unlimited subclass 444 visa in their lifetime.

If you are a NZ citizen that has been living in Australia for a while, chances are you could be eligible for a permanent visa or even citizenship in Australia. 

 

ELIGIBLE NEW ZEALAND CITIZENS

Were you in Australia on a subclass 444 visa on or prior to 26 February 2001? If so you might be classed as an Eligible New Zealand Citizen (ENZC).

ENZCs have similar rights and opportunities as permanent residents in Australia. They can be eligible for social security where a regular subclass 444 holder might not be, they are able to sponsor family members for certain visa applications (including partner visas), and they are able to apply for citizenship if they meet the other requirements. 

 

PERMANT VISA OPTIONS

The subclass 189 (skilled independent visa) visa is a well sought after permanent visa type. Most application need to score highly on a points test, have a particular occupation, do skills assessments and English tests and get an invitation from the Government to be able to apply for this visa, but did you know there is an application stream designed specifically for NZ citizens living in Australia? Not many people do, and if you are a NZ citizen that has lived in Australia since 2016 chances are you could be eligible. You can also include other immediate family members in the application even if they aren’t NZ citizens or meet other requirements. 

To be eligible for the subclass 189 visa in the NZ stream, the primary visa applicant needs to satisfy all of the following:

• hold a New Zealand Special Category (subclass 444) visa

• have usually resided in Australia for at least the last 5 years

• have started living here on or before 19 February 2016

• have a taxable income at or above $53,900pa for each of the four completed income years prior to lodging an application (there are some exemptions to this but these are limited)

Even if you are not eligible for the subclass 189 visa via the NZ stream, there are many other visa types that you might be eligible for.

BORN IN AUSTRALIA 

A person who is born in Australia and is usually resides in Australia until after they turn 10 are considered citizens. To obtain citizenship documents, a person to whom this applies would need to apply for evidence of their Australian citizenship. This is done through the Immi Account in the same way online visa applications are lodged. Evidence of residing in Australia will be required. 

NZ CITIZENS AND AUSTRALIAN CITIZENSHIP

If you have a permanent resident visa or are an ENZC the next step would be citizenship. Generally, you need to meet the following requirements to be eligible for citizenship:

• Permanent Resident – You must be an ENZC or hold a PR visa that you have held for at least 12 months

• Residence Requirement – this is a bit of a confusing one. You must have lived lawfully in Australia for the last 4 years. In the 12 months before you apply for citizenship, you cannot have been outside Australia for more than 90 days. Plus, in the 4 years before you apply for citizenship, you cannot have been outside Australia for more than 12 months.

• Character Requirement – You must be of good character to obtain citizenship. The test for character is a bit different to regular visa applications. Even minor convictions can amount to a ‘pattern of behaviour’ that prevents you from having citizenship granted

Perks of being a citizen include eligibility for social security and student loans, freedom of travel in and out of Australia and the ability to vote. If you think you might be eligible for citizenship, you should definitely look into applying. If you aren’t sure about something, particularly the character requirement, you should seek professional advice before applying. 

 

If you think you might be eligible for any of the above, definitely look into it. The COVID-19 situation has not only been a good reminder to seize the day while you can, but also has given a lot of people some down time that is perfect for organising your next visa application. 

Disclaimer: Information published on our website, social media, or in our factsheets and products is general information only and DOES NOT constitute legal advice or 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.