New Zealand Citizens, the welcome mat is out and you are invited to take a step over the threshold to Australian citizenship!
From 1 July 2023, many Kiwis who have been calling Australia home – or would like to – can look forward to a new pathway to Australian citizenship. Here’s what you need to know.
Aussie Citizenship – Residence Criteria
There currently exist a number of pathways to Australian citizenship including:
- Citizenship by birth – for those born in Australia to Australian permanent residents or citizens
- Citizenship by birth – for those who have lived in Australia since birth for ten years
- Citizenship by descent – for those born overseas during certain periods to Australian citizen parents
By far the largest number of applications, however, are made by those applying through Citizenship by Conferral.
To be eligible for Citizenship by conferral, applicants must meet a number of criteria including:
- Be a permanent resident at the time of application
- Meet two general residence requirements:
i. applicants must have been lawfully present in Australia for the period of 4 years immediately before the date of application with no more than 12 months’ accumulated overseas absences,
and
ii. applicants must have been lawfully present in Australia as a permanent resident for the period of 12 months immediately before the date of application with no more than 90 days’ accumulated overseas absences.
Current Visa Options for Kiwis
Up until now – unless they were lucky enough to have arrived in Australia before ‘D-day’: 26 February 2001 – New Zealand citizens living in Australia on temporary Special Category visas (SCV) in subclass 444 wanting to gain citizenship, would first need to obtain permanent residence.
All the usual categories of permanent residence would be available to NZ citizens including Partner, Employer Nomination, Business Skills, Parent etc as well as the special pathway Skilled Independent (New Zealand citizen) subclass 189 visa.
Despite the range of permanent residence visas available, however, not all NZ Citizens find themselves eligible. Kiwis with a passion for Australia who want to make a life here for themselves and their families, have often had insurmountable hurdles blocking them from achieving this dream.
The Door Opens … to NZ Citizens
From 1 July 2023, however, this all changes.
New Zealand citizens in Australia holding an SCV will be able to access a concession to one of the general residence criteria mentioned above. The concession grants permanent resident status (only for the purpose of making a citizenship application) to the following cohorts:
| Date when first SCV granted | Date considered to be a PR |
| prior to 1 July 2022 | 1 July 2022 |
| between 1 July 2022 and 30 June 2023 | on date of SCV grant |
| on or after 1 July 2023 | on date of SCV grant |
This is a game-changer as it eliminates the need for NZ citizens to first obtain a permanent residence visa. This will not only save time and money, but also opens up the opportunities for those otherwise ineligible.
So, when can Kiwis apply?
For New Zealand citizens who meet all the citizenship criteria except the 12 months’ permanent residence criterion, there may be an opportunity to apply for Australian citizenship as soon as 1 July 2023. Let’s look at who can apply when.
NZ Citizens who :
- have lived in Australia lawfully for four years (with no more than 12m absence)
- held a SCV prior to 1 July 2022
- have not been out of Australia more than 90 days in the preceding 12 months
- apply from 1 July 2023
NZ Citizens who:
- have lived in Australia for four years (with no more than 12m absence)
- had their first SCV granted between 1 July 2022 and 30 June 2023
- have not been out of Australia more than 90 days in the preceding 12 months
- apply on the 12 month anniversary of their SCV grant date
NZ Citizens who :
- enter Australia from 1 July 2023 on their first SCV
- have already been living in Australia – on other visas – for the past three years (with no more than 12m absence)
- spend no more than 90 days out of Australia in the 12 months following their first entry on the SCV
- apply on the 12 month anniversary of their entry on the SCV
NZ Citizens who :
- enter Australia for the very first time from 1 July 2023 on their first SCV
- live in Australia for four years (with no more than 12m absence)
- spend no more than 90 days out of Australia in the final year of that period
- apply 4 years after entry on SCV
What About Family Members on 461 Visas?
Family members of New Zealand citizens in Australia on 444 visas, are eligible for the grant of five-year, renewable, subclass 461 Family of NZ Citizen visas.
Family members of New Zealand citizens who gain Australian citizenship, will no longer be eligible for repeat 461 visas as their partner is no longer an SCV holder. Other options will need to be explored at that time, for example Partner visa or other visa options.
What About the Little Kiwis?
There’s good news for the children of New Zealand citizens too!
Generally speaking, children born in Australia to one or more parents who are Australian permanent residents or citizens, gain Australian citizenship at birth.
Now, children born to SCV holders from 1 July 2022 will, by virtue of the retrospective nature of the legislation, have acquired Australian citizenship at birth. They may apply, from 1 July 2023, for evidence of Australian citizenship!
What’s Next?
If you are a New Zealand citizen residing in Australia on an SCV, this is an opportune time to check your eligibility for Australian citizenship and develop an appropriate strategy for you and your family members.
Ensure that you have all the necessary documents in place and keep an eye on any further announcements regarding the application process.
This new pathway is a significant development for New Zealand citizens in Australia. It not only simplifies the process but also strengthens the bond between the two nations. If you need further information or assistance with your citizenship application, we invite you to contact us. As Migration SuperHeroes, we are here to help you navigate the pathway to secure Australian citizenship!
