The Australian government has announced welcomed changes to Australia’s immigration policy that will benefit many kiwis, particularly those who have been living in Australia from 27 February 2001 onwards; affording them Australian citizenship without having to meet the criteria and costs normally required to first obtain Australian permanent residence.

How Does this Affect Me?

From 1 July 2023, kiwis living in Australia on Special Category 444 Visas (“SCV”) will qualify for Australian citizenship by conferral with an easier and more direct pathway than what has been available in the last 22 years:

• In a shorter period of time,

• Without having to meet a salary threshold,

• Without having to have employer sponsorship,

• Without having to meet an age or skills requirement,

• Without having to have family sponsorship, and

• Without having to have the support of a government agency 

An SCV is generally granted automatically upon arrival to Australia by presenting a NZ passport and being immigration cleared.

Applying for Australian citizenship

At present, SCV holders who arrived in Australia from 27 February 2001 are required to first be eligible for and obtain Australian permanent residence, then meet the general residence requirements which includes a 12 month wait on their permanent residence visa before being considered for Australian citizenship. Often, this is a tricky process where many have either not been able to qualify for Australian permanent residence or have not been able to afford the costs involved, preventing them from obtaining citizenship.

General Residence Requirements

Immediately prior to lodging a citizenship application, conferral applicants must have:

• Been lawfully resident in Australia for at least 4 years

• Lived in Australia for at least 12 months as an Australian permanent resident

• Absences from Australia that accumulate to no more than 12 months in the last 4 years and no more than 90 days in the last 12 months

There are circumstances that allow applicants to seek an exemption of this requirement but they are very restrictive.

1 July 2023 – New Change to Obtaining Permanent Residence Status

SCV holders will still be required to meet the general residence requirements, including the need to be an Australian permanent resident at the time of submitting their Australian citizenship application.

However, as of 1 July 2023, SCV holders will not need to acquire this by jumping through hoops to qualify for, lodge and be granted permanent residence. Instead, they will be automatically deemed Australian permanent residents for the sole purpose of applying for citizenship.

This development significantly reduces the costs involved for the SCV holder and provides an opportunity for all SCV holders instead of a select few.

For the purpose of calculating the general residence requirements, specifically, when the 12 month period of Australian permanent residence commences:

• SCV was granted before 1 July 2022 = Deemed PR from 1 July 2022

• First SCV was granted between 1 July 2022 and 30 June 2023 = Deemed PR on the date the first SCV was granted during that period

• Subsequent SCV is granted from 1 July 2023 onwards = Deemed PR from the date of that subsequent SCV grant

Unless an actual application for Australian permanent residence has been lodged, assessed and granted by the Department of Home Affairs, SCV holders will continue to hold a temporary visa until Australian citizenship is granted and the Australian citizenship ceremony has been completed.

Children Born in Australia

Where children are born in Australia to parents who respectively hold Australian citizenship and an SCV (i.e. one parent is an Australian citizen and the other parent is an SCV holder), the child automatically acquires Australian citizenship on the date of birth.

There are no known changes to this process.

From 1 July 2023, children will automatically acquire Australian citizenship on their date of birth if they were born in Australia from 1 July 2022 onwards and their parents are SCV holders.  

Partners of SCV Holders

Partners or spouses holding a NZ Citizen Family Relationship 461 visa may retain their visa until it expires, despite their NZ partner obtaining Australian citizenship.

Alternatively, the SCV holder - upon approval of Australian citizenship - may wish to support their 461 partner or spouse for Australian permanent residence via the Partner visa program. Once the partner or spouse has met the general residence requirements they will also qualify for Australian citizenship.

Should I Become an Australian Citizen?

This is up to you, everyone is different with different needs and wants.

Many of us arrive in Australia either with a plan to stay indefinitely or for a certain period of time before returning to NZ, or without a plan before many years pass and no further intentions of returning to NZ.

We work hard, pay the same tax rates as an Australian citizen, we might buy a house and raise a family here, or plan for retirement. During this time, anything can happen – unexpected loss of job, family needing assistance with treatment and care for disabilities etc.. – and unless we have obtained Australian citizenship, our options for help in these circumstances are limited.  

Another reason to consider applying is if you are engaged in how your communities are run – Australian citizenship gives you the right to have a say and vote at a council, state and federal level.

Finally, some jobs with Australian government departments are only available to those who have Australian citizenship.

Can I Apply for Citizenship Myself?

Yes! It is not necessary to engage a registered migration agent or immigration lawyer to lodge an application for Australian citizenship but many do find it useful. Here are some questions to ask yourself when weighing up this option:

• Am I feeling too overwhelmed to research, or prepare my own application?

• Am I asking others which forms to fill and/or how to answer questions on the application forms?

• Am I asking others which documents are required to support the application?

• Am I still unsure about my eligibility after reading information on the Department’s website and/or other forums?

• Was the Department of Home Affairs customer service representative unhelpful?

• Do I have a criminal conviction, charges against me or a list of traffic offences?

If you answered ‘yes’ to one or more of these questions then it is likely you would benefit from engaging a reputable professional to advise you in the first instance, and possibly manage your case from start to finish. Moreso, if you have any criminal charges, or repeated offences for traffic infringements.

Engaging a Professional to Help

Generally, firms are happy to answer one or two straight forward questions without needing to have a consultation with you.

In other instances it is not uncommon for firms to recommend a consultation. Just like seeking advice from an accountant or lawyer, understanding how Australian immigration law relates specifically to you requires a professional who is able to give you their time to understand your position, as well as their skill, knowledge and experience to then advise accordingly.

During the consultation, your advisor should be discussing your situation with you and the steps they recommend you take. This will include outlining the processes involved, the costs involved, addressing any concerns you have, identifying any risks that may apply to your case and the prospects of success.  

Each firm is different and each applicant is different, but generally, a consultation can take anywhere from 45 mins to 1 hour and average between $200 and $440 including GST.

Conclusion

The developments taking effect on 1 July 2023 have been many years in the making thanks to the tireless efforts of external stakeholders including registered migration agents, lawyers, advocates and the NZ government all of whom have provided ongoing consultation to the Australian government on how important this issue has been.

As we hurtle towards 1 July 2023, we have noticed a lot of misguided and over simplified information posted to public forums that we want to turn people’s minds to and hopefully, clarify, so that people can reduce their risk of an unfavourable decision and financial loss.

So, what is our advice? If you can cut through the white noise and feel confident about managing a quality application, then we think the process could be straight forward enough for you to prepare, lodge and manage yourself. Otherwise, if you don’t have the time, feel you are going around in circles, have more questions about your situation or concerns on how to address issues that could impact your application being successful, then we would suggest investing the time and money to engage a professional to help, at least with a consultation in the first instance.  

If you would like to discuss how you could qualify for Australian citizenship book a consultation with us click here.