24 April 2023
Immigration
Impact: High
Summary
New Zealand citizens living in Australia will have a direct pathway to Australian citizenship from 1 July 2023. This means that New Zealanders holding a Special Category Visa (subclass 444 visa) will not be required to become Australian permanent residents prior to an Australian citizenship application.
In addition, any child born in Australia on or after 1 July 2022 to a New Zealand citizen holding a Special Category Visa may automatically acquire Australian citizenship at birth. This change will also take effect from 1 July 2023.
The Detail
From 1 July 2023, New Zealand citizens who have been living in Australia for four years or more will be eligible to apply directly for Australian citizenship. They will no longer need to first apply for and be granted a permanent visa. These changes apply to New Zealand citizens holding a Special Category (subclass 444) visa who arrived in Australia after 26 February 2001.
For background, the general residence requirement for Australian citizenship includes:
Applicants must have lived in Australia on any visa for a period of at least four years prior to citizenship application, and
Applicants must have been an Australian permanent resident for at least 12 months immediately prior to citizenship application.
For New Zealand citizens who are long-term residents in Australia, the general residency requirements will be met by backdating their period of permanent residence for citizenship purposes. This will allow them to meet the 12-month permanent residence period under the general residence requirement as outlined above.
With effect from 1 July 2023:
All New Zealand citizens holding a Special Category Visa will be considered permanent residents for citizenship purposes.
New Zealand citizens granted a Special Category Visa before 1 July 2022 will have their period of permanent residence for citizenship purposes backdated to 1 July 2022.
New Zealand citizens granted a Special Category Visa for the first time on or after 1 July 2022 will be considered a permanent resident for citizenship purposes from the date of their Special Category Visa grant.
The above provisions will apply to New Zealand citizens in Australia. They will also apply to New Zealand citizens who are overseas, but held a Special Category Visa immediately before last leaving Australia.
These provisions will not apply to citizenship applications submitted before 1 July 2023. Current citizenship criteria will continue to apply until 30 June 2023.
The backdating of permanent residence for Special Category Visa holders will also impact their children. From 1 July 2023, any child born in Australia on or after 1 July 2022 to a Special Category Visa holder may automatically acquire Australian citizenship at birth.
The Australian Prime Minister has stated: “We know that many New Zealanders are here on a Special Category Visa while raising families, working and building their lives in Australia. So I am proud to offer the benefits that citizenship provides.”
How we can help
Please feel free to get in touch with your Vialto Partners contact if you require assistance with assessing your visa eligibility and navigating these changes.
Contact us
For a deeper discussion, please reach out to your Vialto Partners point of contact, or alternatively:
Stacey Tsui, Partner & Principal Solicitor: stacey.tsui@vialto.com
Carter Bovard, Partner: carter.bovard@vialto.com
Annalisa Symons, Director: annalisa.symons@vialto.com
Rachel Williamson, Director: rachel.williamson@vialto.com
Fariha.Islam, Director: fariha.islam@vialto.com
John O’Brien, Senior Manager: john.d.obrien@vialto.com
Arathi Tekkam, Senior Manager: arathi.tekkam@vialto.com
Ben Reid, Senior Manager: ben.reid@vialto.com
Merridy Parr, Senior Manager: merridy.a.parr@vialto.com
Dee Le, Manager: dee.t.le@vialto.com
Krishneel Ram, Manager: krishneel.ram@vialto.com
Further information on Vialto Partners can be found here: www.vialtopartners.com
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