New Zealand Citizens entitlements, pathways to permanent residency and Australian citizenship

 Navigation

1. Do I need a visa to enter New Zealand from Australia?
2. What are New Zealand citizens entitled to in Australia?
3. What is the Special Category (Subclass 444) Visa?
4. How can New Zealand Citizens become permanent residents in Australia?
5. Can New Zealand Citizens become Australian Citizens?

Overview

New Zealand citizens with a valid New Zealand passport do not need to apply for a visa before coming to Australia. If you are eligible, you will be granted a Special Category (Subclass 444) Visa.

Special category (Subclass 444) Visa (SCV) allows New Zealand Citizens to remain in Australia. The SCV is a temporary visa. While there is no specific length of time or maximum time associated with this visa, it is not the same as becoming an Australian permanent resident or Australian citizen and therefore does not make you eligible for the same entitlements.

Entitlements

Holding an SCV does however entitle you to the following

• Australia’s public health care scheme (Medicare)
• Family assistance payments
• Rent assistance
• Age pension
• Disability pension or carer payments
• Student loans

Entitlements not available to temporary visa holders

• Voting in Australian local, state, federal elections, and referendums
• Joining the Australian defence force
• Undertaking ongoing work with the Australian Government

Note: you may be eligible to vote if you were already enrolled on 25 January 1984

Eligible New Zealand citizens may be entitled to

• Additional social security payments
• The National Disability Scheme (NDIS)
• Youth Allowance
• AUSTUDY

You are an eligible New Zealand citizen, or protected SCV holder, if you:

• were in Australia on 26 February 2001 as the holder of an SCV
• spent at least 12 months in Australia as the holder of an SCV in the two years immediately before 26 February 2001
• 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 meet the definition of a ‘protected SCV holder’ in section 7 of the Social Security Act 1991.

 

Special Category Visa (Subclass 444)

What can you do on a subclass 444 visa?

1. What are the eligibility criteria?
2. What is a behaviour concern non-citizen?
3. What is a health concern non-citizen?
4. How much does a subclass 444 visa cost?
5. How long can you stay in Australia on a subclass 444 visa?
6. What are my obligations on a subclass 444 visa?

The Special Category (subclass 444) Visa is a temporary visa that allows New Zealand citizens that meet the eligibility criteria to visit, study, stay, and work in Australia. An SCV is usually applied for each time you enter Australia and is processed upon arrival in an Australian airport.

The subclass 444 visa allows you to

• enter and stay in Australia indefinitely, as long as you remain a New Zealand citizen
• Visit Australia
• Find employment and work in Australia
• Study in Australia
• Apply for a permanent visa if eligible

Note: When working, you are protected by Australian workplace law. See your workplace rights and entitlements.

Subclass 444 Eligibility

• Hold a valid New Zealand passport
• Not be a Behaviour Concern Non-Citizen
• Not be a Health Concern Non-Citizen
• Not have an 8503 ‘no further stay’ visa condition

What is a Behaviour Concern Non-Citizen (BCNC)?

If the Department of Home Affairs assess you are a behaviour concern non-citizen your SCV application may be refused, and you may be refused entry into Australia.

If you meet the following criteria, you may be assessed as a ‘behaviour concern non-citizen’:

• Convicted of a crime that has resulted in a sentence of death or imprisonment for at least one year
• Convicted of two or more crimes resulting in sentences of imprisonment for periods that total at least one year
• Charged with and found guilty of a crime while of unsound mind
• Charged with a crime and found not guilty because the crime was committed while of unsound mind
• Previously removed or deported from
• Previously removed or deported from another country

Note: The Department of Home Affairs states “Sentenced to imprisonment includes ordered to be confined in a corrective institution.”

What is a Health Concern Non-Citizen?

The Department of Home Affairs may assess you as a ‘health concern non-citizen’ if when you enter Australia you declare that you have tuberculosis (TB). If you declare you have tuberculosis The Department will request further information before you can progress with your visa.

Subclass 444 visa cost

There is no application charge associated with this visa

Additional costs: In some circumstances you might have to pay other costs for health checks, police certificates and biometrics.

Subclass 444 Visa stay

The visa starts on the date your visa is granted, once your visa is granted you can stay in Australia to visit/work/study indefinitely as long as you remain a New Zealand Citizen.

Leaving Australia: The visa ceases on the date you leave Australia, you must apply for a new SCV if you want to re-enter Australia.

The Department of Home Affairs may cease your visa for another reason such as

• They grant you a permanent visa
• You become an Australian citizen
• The Department cancels the visa

Processing time

Your SCV application will usually be processed at the airport or seaport where you enter Australia. If you apply after you have already entered Australia, your application’s processing time may be longer and is dependent on your individual circumstances.

Including family

If you are coming to Australia with family, each family member needs to make their own SCV application. They can do so by following the below steps

• Show a valid New Zealand passport and a completed incoming passenger card to an officer
• Answer the health and character questions on SmartGate.

Note: If family members are not New Zealand citizens, they need to apply for another visa.

Applying in Australia

This visa is usually applied for upon entry in Australia. However, you may be able to apply for this visa after you have entered Australia if you

• became a New Zealand citizen and passport holder after you entered Australia
• are a New Zealand citizen entered on a passport from a country other than New Zealand
• are a New Zealand citizen who entered Australia on a different temporary visa without a ‘no further stay’ condition
• had a baby in Australia that is a New Zealand citizen, if this is the case you must inform the department. See ‘you had a baby’ for more information

In these circumstances, you can apply for an SCV by completing this online form.

Note: If your SCV is granted after you have entered Australia, the grant date will be the date of the decision. Your SCV will not be backdated to the original date in which you entered Australia if you apply once in Australia.

Subclass 444 obligations

You must remain a New Zealand citizen while you hold this visa. If your citizenship status changes, and you are no longer a New Zealand citizen, your SCV will cease. If this is the case to remain in Australia lawfully, you must apply for and be granted a different visa.

• You must obey Australian laws while you remain in Australia.
• visa holders must continue to meet the character requirements, if you don’t your visa may be cancelled, and you will have to leave Australia immediately

 

​​​​​​​Pathway to permanent residence for New Zealand citizens

1. Do New Zealand citizens have to apply for Permanent Residency in Australia?
2. What is the skilled independent (subclass 189) visa under the New Zealand stream?
3. What are the eligibility criteria for the subclass 189 under the New Zealand stream?
4. What is the income requirement for the subclass 189 visa?
5. How much does the subclass 189 visa cost?
6. How long can you stay on the subclass 189 visa?
7. What is the processing time for the subclass 189 visa?
8. What obligations do subclass 189 visa holders have?
9. Can New Zealand citizens become Australian Citizens?
10. What is an Eligible New Zealand citizen?

Overview

The Special Category (subclass 444) Visa (SCV) does not have a limit on how long you can stay in Australia. However, an SCV is not the same as permanent residence and is not always a direct pathway to Australian citizenship. The process to become a permanent resident on a permanent visa depends on when you first arrived in Australia on a New Zealand passport:

If you arrived in Australia

before 1/9/1994: you may be eligible for a Resident Return Visa This will depend on your circumstances, in particular:

• if you were residing in Australia before this date, and
• the length of time of your residence.

on or after 1/9/1994: you must apply for and meet the criteria for an alternative permanent visa

The Skilled Independent (Subclass 189) Visa under the New Zealand Stream is available to New Zealand citizens with skills that will benefit Australia. Under this visa you can live and work in Australia permanently, sponsor eligible family members for permanent residency, enrol in Medicare and if eligible apply for Australian citizenship.

The Skilled Independent (Subclass 189) Visa under the New Zealand Stream

The Skilled Independent (Subclass 189) Visa under the New Zealand Stream is available to New Zealand citizens with skills that will benefit Australia. It is designed for eligible New Zealand citizens that have demonstrated commitment and contribution to Australia. Under this visa you can live and work in Australia permanently, sponsor eligible family members for permanent residency, enrol in Medicare and if eligible apply for Australian citizenship.

Subclass 189 Eligibility

• You must hold a special category (subclass 444) visa and be in Australia at the time of application and when a decision is made
• You must have lived in Australia for 5 years
• You must have started living in Australia on or before 19 February 2016
• In most cases your taxable income will also be assessed (see income requirement below)

Note: if you are including family as secondary applicants on your application they can be in Australia or outside Australia. If they are in Australia they must hold a substantive visa or bridging A,B or C visa.

Income requirement

The department of Home Affairs (Doha) will in most cases assess your taxable income, as shown on your Australian Taxation Office (ATO) Notice of Assessment. To satisfy the requirements for this visa it must be at least the minimum income threshold, amounts below the threshold cannot be accepted unless you can evidence that you meet requirements for an exemption.

Note: You can view the income thresholds and exemptions for each financial year via the legislative instrument.

As published by the Department of Home Affairs (20 February 2022)

If you applied on or after 1 July 2021	You must have met the minimum income threshold for at least 3 completed financial years in the 5 years immediately before you apply. One of these years must be your most recently completed financial year.
If you applied before 1 July 2021	You must have met the minimum income threshold for each of the 4 completed financial years before you apply.

Subclass 189 cost

AUD 4,115

The application charge is paid in two instalments. The first charge is 20% of the visa application charge (AUD 823) is paid at the time of lodgement. The second instalment is the remaining 80% of the visa application charge (AUD 3,292) this amount must be paid before your visa can be granted.

Secondary applicants: This amount does not include cost of any family members or children applying with you and they will be subject to their own application fee

Additional costs: You might also have to pay other costs for each applicant for health checks, police certificates and biometrics

Subclass 189 Length of stay

This is a permanent visa; it allows indefinite stay in Australia. You become a permanent resident from the day you are granted.

Subclass 189 processing time

• 25% of applications 16 months
• 50% of applications 17 months
• 75% of applications 19 months
• 90% of applications 20 months

Obligations

You and any family applying with you must obey all Australian laws and meet all visa conditions.

You must inform the department if anything changes. This includes changes to your relationship status, the birth of a child (or stepchild) and any changes to personal details such as phone number, address, or passport.

Australian citizenship

To become An Australian citizen in most cases you need to

• be a permanent resident when you apply and when a decision is made (see ‘eligible New Zealand citizen’ below to see if this applies to you)
• pass the Australian citizen test (unless you are over the age of 60)
• meet the residence and character requirements
• reside in Australia or have the intention to reside in Australia on an ongoing basis or have a continuing close relationship to Australia.

Being an Australian citizen and an Australian permanent resident are not the same thing and do not receive the same privileges. See: The difference between an Australian citizen and Permanent resident for more information.

You can apply for citizenship if you are an Australian permanent resident, eligible New Zealand citizen or protected SCV holder.

The process to become an Australian citizen depends on when you first arrived in Australia on a New Zealand passport:

On or before 26 February 2001:  You may be an ‘eligible New Zealand citizen.’

After 26 February 2001: You must first become a permanent resident, then you can apply for citizenship.

Eligible New Zealand citizen and Protected SCV holders

Eligible New Zealand citizen or Protected SCV holder’s do not need to obtain permanent residency to apply for Australian citizenship.

You are an eligible New Zealand citizen, or protected SCV holder, if you:

• were in Australia on 26 February 2001 as the holder of an SCV
• spent at least 12 months in Australia as the holder of an SCV in the two years immediately before 26 February 2001
• 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 meet the definition of a ‘protected SCV holder’ in section 7 of the Social Security Act 1991.

If you are an eligible New Zealand citizen, you can apply for citizenship by conferral. You do not need to become a permanent resident first. You can also sponsor family members for Australian visas.

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