Australia: New Pathway to Citizenship for New Zealand Citizens Forthcoming
April 27, 2023
Country / Territory
Share
At a Glance
- Starting July 1, 2023, New Zealand citizens will no longer need to apply for a permanent visa before becoming eligible for Australian citizenship.
- These changes will apply to New Zealand citizens holding a Special Category (subclass 444) visa (SCV) who arrived in Australia after February 26, 2001.
- Once in effect, the provisions will apply to New Zealand citizens in Australia, and New Zealand citizens who are overseas but held an SCV immediately before last departing Australia.
The situation
Starting July 1, 2023, New Zealand citizens will no longer need to apply for a permanent visa before becoming eligible for Australian citizenship. These changes will apply to New Zealand citizens holding a Special Category (subclass 444) visa (SCV) who arrived in Australia after February 26, 2001.
A closer look
- Eligibility requirements.
- In order for an applicant to become eligible for Australian citizenship by conferral, they must demonstrate that they have been lawfully resident in Australia for four years, including 12 months as a permanent resident, immediately before the date of application. There are also limitations on periods of absence from Australia.
- New Zealand citizens who are long-term residents in Australia will be able to achieve the residence requirement based on their period of permanent residence being backdated.
- New Zealand citizens granted an SCV before July 1, 2022 will have their period of permanent residence for citizenship purposes backdated to July 1, 2022.
- New Zealand citizens granted an initial SCV on or after July 1, 2022 will be considered a permanent resident for citizenship purposes from the date of their SCV grant. The backdating of permanent residence for SCV holders will also benefit any children born in Australia on or after July 1, 2022 to an SCV holder. This group may automatically acquire Australian citizenship from birth. From July 1, 2023, children who meet these circumstances can apply for evidence of citizenship.
- Effects on those overseas. Once in effect, the provisions will apply to New Zealand citizens in Australia, and New Zealand citizens who are overseas but held an SCV immediately before last departing Australia.
Background
This arrangement will be introduced in recognition of the long-standing bi-lateral relationship between Australia and New Zealand. It is anticipated that more than 300,000 New Zealand citizens currently residing in Australia will benefit from these changes.
Impact
The new rule will make it easier for qualifying New Zealand citizens to become citizens in Australia, after which they can benefit from the ability to apply for an Australian passport, apply for children born overseas to become Australian citizens by descent, vote in federal and state or territory elections, apply for a job in the Australian Public Service or Australian Defence Force, and be eligible for Australian consular assistance.
Looking ahead
Once the related legislation has been released, it will be possible to determine the impact on New Zealand citizens’ ability to support their family members under the New Zealand Citizen Family Relationship and Partner visa programs.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
