OFFICIAL
Key Brief Number: IG-12
Home Affairs Portfolio
Department of Home Affairs
Budget Estimates Hearing – May 2023
KEY BRIEF
Topic: New Zealand Changes
Responsible Deputy: Stephanie Foster PSM, Associate Secretary, Immigration Group
Key Points
• On 22 April 2023, the Australian Government announced that eligible New Zealand
citizens will have direct access to apply for Australian citizenship by conferral from
1 July 2023, meaning that New Zealand citizens no longer require a permanent visa to be
eligible for Australian citizenship.
• At the 2022 Australia-New Zealand Leaders’ Meeting, Prime Minister the Hon Anthony
Albanese MP and former New Zealand Prime Minister the Rt Hon Jacinda Ardern both agreed
that no New Zealander or Australian should be rendered permanently “temporary” when it
comes to residence in either country. The Australian Government committed to ensuring
viable pathways to Australian citizenship for New Zealand citizens living in Australia.
• From 1 July 2023, New Zealand citizens living in Australia who arrived in Australia on or
after 26 February 2001 and who hold a non-protected Special Category Visa (SCV)
(subclass 444) will be eligible to apply for citizenship by conferral, subject to meeting
other eligibility requirements.
• To achieve this change, non-protected SCV holders will be determined to be permanent
residents for the purposes of subsection 5(2) of the
Australian Citizenship Act 2007 through
an amendment to the
Australian Citizenship (Permanent Resident) Determination 2022.
o This will mean that time spent in Australia holding a non-protected SCV will be
counted towards the 12 months of permanent residence as part of the general residence
requirement.
o The amendment will also include backdating the period of permanent residence to
1 July 2022 for SCV holders who were granted their SCV before 1 July 2022. This will allow
long-term residents to apply immediately for citizenship, subject to meeting other eligibility
requirements. For SCV holders who were granted their first SCV on or after 1 July 2022,
their period of permanent residence will start from the date of their first SCV grant.
o The amendment will also mean that with effect from 1 July 2023, children born in
Australia on or after 1 July 2022 to non-protected SCV holders who were granted their
SCV before 1 July 2022will automatically have acquired Australian citizenship at birth
by operation of law with retrospective effect from 1 July 2023. Children born to SCV
holders, whose SCV was granted after 1 July 2022, will automatically acquire
Australian citizenship at birth by operation of law if their parent is holding an SCV on
the day of their birth. Where a New Zealand citizen parent is overseas on the day of
their child’s birth and held an SCV immediately before last leaving Australia, their
child will automatically acquire Australian citizenship at birth by operation of law.
o All other requirements and eligibility criteria for applicants for citizenship by conferral
remain unchanged.
OFFICIAL
Clearing Officer: Tara Cavanagh, FAS Immigration Policy, Integrity and Assurance Division
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OFFICIAL
Key Brief Number: IG-12
Background
• In February 2001, Australia entered a new bilateral social security arrangement with
New Zealand. This meant New Zealand citizens who were already in Australia (or had
been for 12 months in the two years prior) as an SCV holder on 26 February 2001 were
able to retain social security benefits and entitlements and were defined as “protected
SCV holders” under the
Social Security Act 1991. This gave them continued access to the
full range of social services. They were defined as a “permanent resident” under a
determination made under subsection 5(2) of the
Australian Citizenship Act 2007.
• However, New Zealand citizens who arrived in Australia on an SCV after 26 February
2001, are not protected SCV holders, and have limited access to social security benefits.
They were not considered permanent residents under the
Citizenship Act, and were not
eligible to directly apply for citizenship by conferral without first obtaining a permanent
visa.
Ministerial Direction 99
Tara Cavanagh – FAS, Immigration Policy, Integrity & Assurance, Division
• On 3 March 2023 a new Ministerial Direction (Ministerial Direction 99) on character
related visa decision-making commenced.
• Ministerial Direction 99 requires decision-makers in both the Department and the AAT
to give greater consideration to the length of time a person has resided in Australia,
particularly during and since their formative years, when considering whether to refuse or
cancel a visa under section 501 of the Migration Act, and whether to revoke a mandatory
cancellation decision.
• The Ministerial Direction applies equally to all non-citizens. However, it is expected to
have a particular impact on New Zealand citizens as the Special Category visa allows the
holder to remain in Australia indefinitely. As a consequence, there is a high proportion of
long term residents in Australia that are New Zealand citizens
Closure of Skilled Independent (subclass 189) visa – New Zealand stream
Jodie Bjerregaard – Acting FAS, Immigration Programs
• Amendments will also be made to the
Migration Regulations 1994 to close the New
Zealand stream of the subclass 189 (Skilled – Independent) (New Zealand stream) visa on
1 July 2023 to new applications from applicants seeking to satisfy the primary criteria.
OFFICIAL
Clearing Officer: Tara Cavanagh, FAS Immigration Policy, Integrity and Assurance Division
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