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A Special Category Visa (SCV) is an Australian visa category (subclass 444) granted to most New Zealand citizens on arrival in Australia, enabling them to reside in Australia indefinitely under the Trans-Tasman Travel Arrangement. Currently, there are two categories of SCVs: protected SCV and as non-protected SCV. New Zealanders who had entered Australia before 26 February 2001 are classified as protected SCV holders, and after that date as non-protected SCV holders. The rights of the two categories are somewhat different.

History

The Special Category Visa was introduced on 1 September 1994 by the Migration Regulations 1994. Prior to 1 September 1994, New Zealanders were generally treated as exempt non-citizens in Australia.

Most New Zealanders are eligible for a SCV, except:

• those with significant health problems
• those with significant criminal records ie. being sentenced to more than 12 months imprisonment combined in total
• those who hold temporary or permanent Australian visas
• those who arrive in Australia using another passport (e.g. if holding dual nationality). In this case an SCV can be obtained at a Department of Immigration office in Australia upon production of a valid New Zealand passport
• those who arrive for specified purposes, such as diplomats and visiting forces, who are normally granted a special purpose visa.

Mechanics

A SCV is granted New Zealander passport holders upon arrival to Australia. Unlike other non-citizens, New Zealanders do not require a visa before travelling to Australia. New Zealanders arriving in Australia are not told they have a visa and ordinarily their passports are not stamped. The SCV ceases when its holder departs Australia for any reason, but a new SCV is granted on return.

The SCV is technically classified as a temporary visa, despite its holders residence in Australia not being subject to any limitation as to time imposed by law.

Until 26 February 2001, SCV holders were generally treated the same as permanent visa holders. New Zealanders who had entered Australia before 26 February 2001 are now classified as protected SCV holders and retain the same rights as permanent residents. They are eligible for most social security benefits without restriction. They are also eligible to apply for Australian citizenship, provided they meet character and health requirements, without needing to apply for permanent residency.

In 2001, Australia introduced a number of changes in the rights of SCV holders. New Zealanders who enter Australia after 26 February 2001, remain in Australia to live and work indefinitely are classed as non-protected SCV holders. They have restricted access to social security benefits; e.g. they are eligible for a one-off 6 month unemployment benefit after 10 years of residence under the current rules. They are also required to apply for and obtain Australian permanent resident status before becoming eligible for Australian citizenship.

Permanent resident status

SCV holders fit the commonly understood meaning of the term 'permanent resident' as they are entitled to live in Australia indefinitely, in much the same way as an Australian citizen or a permanent visa holder. However, they are not treated as permanent residents for the purpose of some Australian legislation.

Even in federal migration and citizenship law, there is no standard definition of the term and SCV holders are treated inconsistently.

Section 204 of the Migration Act 1958 includes all SCV holders within the definition of 'permanent resident' on the basis they are 'not subject to any limitation as to time imposed by law'.

The Migration Regulations 1994 exclude all SCV holders from the definition of 'Australian permanent resident', including only permanent visa holders within the definition.

The Australian Citizenship Act 2007 empowers the relevant Minister to declare by legislative instrument whether SCV holders are permanent residents for the purpose of the Act. The current legislative instrument includes some SCV holders, while excluding others.

Resident Return Visa

New Zealand citizens who entered Australia before 1 September 1994 (regardless of the purpose of entry) are considered a former Australian permanent resident, and so eligible to apply for a Resident Return Visa (RRV). An RRV can be issued to a former Australian permanent resident who wishes to restore his/her permanent residence status. Applicants must demonstrate 'substantial ties of benefit to Australia' and give compelling reasons for any continuous absences of 5 years or more (since their last stay in Australia as a 'permanent resident', i.e. as a New Zealand citizen entering before 1 September 1994).^[1][2]

Additional pathway to permanent residence

SCV holders can apply for permanent residence through the 'additional pathway' if they were resident in Australia on or before 19 February 2016 and, at the time of application, have resided in Australia for at least 5 years. They must also submit income tax returns which show assessable income at least equivalent to the Temporary Skilled Migration Income Threshold (TSMIT) for the 5 year period (unless they are 'particularly vulnerable'), and pass mandatory health, character and security checks. The application fee for primary applicants is AUD 3600 plus an additional AUD 1800 (per partner/dependent aged 18 or above)/AUD 900 (per dependent under the age of 18). Applications for permanent residence through the 'additional pathway' will be accepted starting from 1 July 2017.^[3]

Cancellation of SCVs

A SCV can be cancelled by the Minister, normally as the result of criminal behaviour. SCV holders sentenced to imprisonment can expect to be liable for immediate deportation at the time of release.

See also

• Trans-Tasman Travel Arrangement
• Australian nationality law
• New Zealand nationality law
• Permanent Resident of Norfolk Island visa
• Temporary protection visa

References

External links

• "Fact Sheet 17 - New Zealanders in Australia". Department of Immigration and Citizenship (Australia). Retrieved 15 April 2008.

• "DSS on changes". DSS. Retrieved 15 April 2015.

• "Immigration status of New Zealanders in Australia". Ministry of Foreign Affairs and Trade (New Zealand), (New Zealand High Commission Canberra). Retrieved 12 December 2015.

External links

• New Zealanders in Australia