From 1 July 2023, New Zealand citizens who have been living in Australia for 4 years or more will be eligible to apply directly for Australian citizenship by conferral. They will no longer need to first apply for and be granted a permanent visa. These changes apply to New Zealand citizens holding a protected Special Category visa (SCV) (subclass 444) who arrived in Australia after 26 February 2001.
If successful, they are then a ‘dual national’ – a person who holds citizenship of more than one country. You can visit the New Zealand government website to explore more about dual citizenship for New Zealanders.
What is a Special Category Visa (SCV)?
New Zealanders who enter Australia on a New Zealand passport do so under the Trans-Tasman Travel Arrangement.
New Zealand citizens who enter Australia under this arrangement do not have to apply for a visa before travelling. They are issued with a SCV (subclass 444) on arrival, subject to meeting certain health and character requirements.
While an SCV lets New Zealand citizens live, study, and work in Australia indefinitely; it is still technically a temporary visa.
What are the changes for New Zealanders?
With effect from 1 July 2023:
- New Zealand citizens holding an SCV will be considered permanent residents for citizenship purposes.
- New Zealand citizens granted an SCV before 1 July 2022 will have their period of permanent residence for citizenship purposes backdated to 1 July 2022.
- New Zealand citizens granted an SCV for the first time on or after 1 July 2022 will be considered a permanent residents for citizenship purposes from the date of their SCV grant.
New Zealand citizens must still meet the ‘general residence requirement’ for Australian citizenship by conferral as set out in the Australian Citizenship Act 2007.
Notably, any child born in Australia on or after 1 July 2022 to an SCV holder may automatically acquire Australian citizenship at birth.
What is the current Australian citizenship by conferral requirements?
Generally, those 18 or over who apply for Australian citizenship by conferral must:
- Be a permanent resident of Australia or an eligible SCV holder;;
- Satisfy the general residence requirement, unless exempt;
- Pass the Australian citizenship test, unless exempt;
- Be likely to, or continue to, reside in Australia or to maintain a close and continuing association with Australia; and
- Be of good character.
Children may also apply for Australian citizenship however different requirements apply.
Citizenship applications can be complicated by a multitude of factors, for example, if you have been convicted of a criminal offence (good character requirement) or if you are residing overseas (likely to reside or continue to reside in Australia requirement).
What are the residency requirements for Australian citizenship?
The general residence requirement is satisfied if immediately before the citizenship application, you have:
- Lived in Australia on a valid visa for 4 years; and
- Been a permanent resident or eligible SCV holder for the last 12 months and
- Not been absent from Australia for more than 12 months in total in the past 4 years, including no more than 90 days in total in the 12 months..
If you have spent too much time outside of Australia, or do not meet the general residence requirement, then you may not be eligible for Australian citizenship. There are some exceptions to the general residence requirement. The Minister has the discretionary power to allow for exemptions to the general residence requirement.
The Department of Home Affairs’ Residence Calculator can help you estimate the number of days you have lived in Australia. This calculator is a guide only.
What are the rights and entitlements of an Australian citizen?
- Travelling: Has an automatic right of entry to Australia
- Voting: Can vote in Australian government elections
- Australian passport: Eligible for Australian passport
- Study loans: Eligible for Australian Government study loans
- Ongoing work in the Australian Government: Eligible for permanent employment with the Australian Public Service or in the Australian Defence Force
Concluding Thoughts
The Australian government’s recent changes to the direct pathway to Australian citizenship for eligible New Zealand citizens marks a significant milestone, promoting a stronger sense of belonging and security for those who have made Australia their home. This change ultimately simplifies the process, eliminating the need for a separate permanent visa application. Additionally, children born in Australia to SCV holders from 1 July 2022 automatically acquire Australian citizenship at birth.
We encourage all eligible individuals to explore this opportunity, understanding that Australian citizenship not only grants a formal status but also confers invaluable rights, from unrestricted entry and voting privileges to educational and employment opportunities.
Remember, Migration Affairs is here to support you. Contact our immigration experts for personalised advice on your circumstances and eligibility.
Your success in this journey is our success.
Changes to the migration program can occur without notice. The above information is not intended to be legal advice and is correct as of the date of writing this article.
Contact Migrations Affairs to speak with our immigration experts for tailored advice on the circumstances and eligibility.
