Australian citizenship offers a range of benefits, including the right to vote, access to social services, and the ability to travel abroad with an Australian passport. For many people living in Australia, obtaining citizenship is a long-term goal requiring significant time and effort. However, recent changes to Australian citizenship laws have made it easier for some New Zealand citizens to become Australian citizens. This article will discuss these changes announced by the Australian Government on 22 April 2023. We will delve into the historical context of Australian citizenship for New Zealand citizens, the changes brought about in 2001, and the new pathway to citizenship for New Zealand citizens living in Australia, set to commence on 1 July 2023.
Australian Citizenship for New Zealand Citizens, Pre-2001 and Post-2001
New Zealand citizens who arrived in Australia before 26 February 2001 were previously able to apply for Australian citizenship straight away and without obtaining permanent residency first.
An SCV allows New Zealanders to live and work in Australia indefinitely. However, it does not grant them the same rights as permanent residents or Australian citizens. These changes continued to affect many New Zealanders living and working in Australia for years or even decades. Some could not obtain permanent residency and faced difficulties accessing social services and other benefits, such as HECS-HELP loans and Centrelink assistance. Others could not travel freely or vote in Australian elections, despite being taxpayers and members of the Australian community.
Additionally, like most other visas, SCV holders are subject to health and character criteria. This means that if a New Zealander develops a health condition or a criminal record, they may no longer satisfy the health or character requirements, and their SCV could be subject to cancellation. This resulted in many New Zealand citizens being sent to immigration detention or deported. Therefore, the Department of Home Affairs implemented a new scheme to recognise New Zealanders who arrived before 26 February 2001, considering them as ‘Protected SCV’, also referred to as ‘eligible New Zealand citizens’.
Changes to Australian Citizenship for New Zealand Citizens from July 2023
On 22 April 2023, the Australian government announced a new direct pathway to citizenship for New Zealand citizens. From 1 July 2023, New Zealand citizens who have been living in Australia for four years or more can apply directly for Australian citizenship without first becoming permanent residents. This change applies to all New Zealand citizens holding an SCV who arrived in Australia after 26 February 2001.
New Zealanders who arrived before 26 February 2001, ‘Protected SCV’ holders, will continue to be eligible to apply directly for Australian citizenship. Additionally, long-term residents will have their period of permanent residency backdated for citizenship purposes. This means eligible applicants will meet the 12-month permanent residence period under the general residence requirement for a citizenship application by conferral.
Therefore, if you are a New Zealand citizen currently living in Australia, to qualify for citizenship by conferral, you must:
- hold an SCV subclass 444;
- meet all other citizenship requirements, such as the character requirement;
- pass the Australian citizenship test; and
- meet the general residence requirement.
The general residence requirement is comprised of the following:
- living in Australia on a valid visa for the past 4 years;
- a permanent resident or eligible New Zealand citizen for the past 12 months; and
- away from Australia for no more than 12 months total in the past 4 years, including no more than 90 days total in the past 12 months.
Case Studies
Case 1
Say that Aroha moved to Western Australia in February 2018 to start her PhD course. She entered Australia on the SCV that was granted automatically upon entry. In December 2022, she finished her studies and quickly secured a top research position. Due to her ongoing studies and a job offer in Australia, she decided to settle in Perth. Aroha would like to participate in voting so she can be represented politically. In this case, Aroha meets the general residency requirement, and as of 1 July 2023, she can apply for citizenship. Aroha will not need to wait for 1 year, until 1 July 2024, to satisfy the 12-month residency as a permanent resident because these new changes have backdated her permanent residency from July 2022.
Case 2
Jack arrived in Victoria in November 2022 to open the first Australian business branch of his very successful business in New Zealand. Jack expects things to go smoothly and, therefore, would like to consider Australian citizenship. In this case, Jack will not meet the general residency requirements until November 2026. Even though he would technically have met the permanent residency 12-month requirement as of November 2023, he still needs to meet the 4-year residence period.
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Key Takeaways
The new direct pathway to citizenship for eligible New Zealand citizens is a significant change that will benefit many people in Australia. The pathway allows New Zealand citizens to apply directly for citizenship without first becoming permanent residents, provided they meet the four-year general residence requirement and other eligibility criteria such as character. In addition, protected SCV holders will continue to be eligible to apply directly for Australian citizenship, and long-term residents will have their period of permanent residency backdated for citizenship purposes.
If you have any questions about what these changes mean for you, our experienced immigration lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
Frequently Asked Questions
No, only New Zealand citizens who have been living in Australia for four years or more and hold an SCV will be eligible to apply directly for Australian citizenship from 1 July 2023.
From 1 July 2023, any child born in Australia on or after 1 July 2022 to an SCV holder may automatically acquire Australian citizenship at birth. Children who meet these circumstances can apply for evidence of citizenship.
No. Your partner may either consider the New Zealand Family Relationship 461 visa and then wait until you obtain Australian citizenship to be sponsored under the Partner 820 visa. Alternatively, you may consider other permanent residency visas to sponsor your partner visa sooner.
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