Client Information Sheet 17

JULY 2011

NEW ZEALAND CITIZENS*

(Reflects law as at 1 July 2011)
Due to special arrangements between Australia and New Zealand, New Zealand citizens can usually visit or
live in Australia for as long as they like. Most New Zealand citizens do not need a visa to travel to Australia.
They are granted a visa on arrival in Australia. This is called a Special Category visa (subclass 444) and
permits the holder to remain in Australia as long as they arrive in Australia with a New Zealand passport.

How do I get a Special Category visa?

What is the criteria?
To get a Special Category visa you must:

hold a valid New Zealand passport

be free of tuberculosis (if you suffer from tuberculosis, you should seek further advice)
not have been sentenced to jail for 12 months or more (including where this is because of two or more
crimes which add up to 12 months imprisonment)
not have been deported or removed from Australia or another country
not have been excluded from entering another country because they:
refused or failed to present a passport on request by the authorities of that country
presented a bogus passport to the authorities of that country
were reasonably refused entry to that country on the ground that they were not a genuine visitor,
or
were considered to be a threat to the national security of that country, and
not have been charged with a crime and been found guilty or been acquitted because of being of
unsound mind at the time of the offence.

How do I apply?
There is no separate application form for a Special Category visa. You must complete the Incoming Passenger
Card and present it with your New Zealand passport to a clearance officer on arrival in Australia. If you satisfy
the criteria referred to above you will be granted the Special Category visa. There is no application fee.
You can go to the Department of Immigration and apply for a Special Category visa after arriving in Australia if:

you obtain New Zealand citizenship after arriving in Australia and you want to remain in Australia on a
Special Category visa, or
you enter Australia as a New Zealand citizen on another visa (eg a Special Purpose visa as a ships
crew member) and subsequently want to remain in Australia as a Special Category visa holder.

IARC does not guarantee the accuracy of any information contained in this information sheet. It contains general information and is not a
substitute for legal advice
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You cannot apply for a Special Category visa in Australia if you arrived in Australia on a passport other than
your New Zealand passport if you had New Zealand citizenship at the time you arrived (ie if you were a dual
citizen and chose to use your other passport).
What if I am refused?
If you are refused a Special Category visa you may be eligible for a Border visa which you may apply for in
immigration clearance. This is available in special circumstances. A Border visa will last for up to 30 days. If
you do not obtain a Border visa you will be refused immigration clearance and removed from Australia.
You do not have a right of appeal to the Migration Review Tribunal (MRT) of the decision to deny you a
Special Category visa unless you have already been cleared by immigration to enter the country before you are
denied the visa.

Eligible New Zealand citizens

As a New Zealand citizen your rights in Australia will depend largely on whether or not you are an eligible New
Zealand citizen.
You are an eligible New Zealand citizen if:

you were in Australia on 26 February 2001 as the holder of a Special Category visa, or
you were in Australia as the holder of a Special Category visa for a period of, or periods that total, not
less than 1 years in the period of 2 years immediately before 26 February 2001, or
you have a certificate, issued under the Social Security Act 1991 (Cth), that states that you were, for the
purposes of that Act, residing in Australia on that date.

Generally an eligible New Zealand citizen will be treated as a permanent resident of Australia. This is different
to New Zealand citizens who arrived in Australia on a Special Category visa after 26 February 2001. After this
date a Special Category visa is treated only as a temporary visa and does not entitle New Zealand citizens to
permanent residency and the associated benefits.
You can obtain a certificate from the Department of Immigration to certify your status by submitting Form 1162
(available at www.immi.gov.au or directly from the Department free of charge). The application fee for this
certificate is $55.

Can I bring my family to Australia?

If your family members are New Zealand citizens then they can also come to Australia on a Special Category
visa.
If you come to Australia on a Special Category visa but your family are not New Zealand citizens then they can
apply for a Subclass 461 New Zealand Citizen Family Relationship temporary visa (SC 461). This is a visa for
members of the family unit of:

a New Zealand citizen in Australia on a Special Category visa, or

a New Zealand citizen outside Australia who will be coming to Australia on a Special Category visa
accompanied by their family member.

A member of the family unit is generally a spouse or dependent child. It can also include other dependent
relatives in some circumstances.
This SC 461 visa is valid for a period of 5 years and gives the visa holder full work rights. After 5 years the visa
holder will need to apply for another SC 461 visa. They will be entitled to another SC 461 visa if either:

they are in Australia and they:

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are still a member of the family unit of the New Zealand citizen in Australia on a Special Category
Visa, or
are no longer a member of the family unit of the New Zealand citizen in relation to whom they
were granted their initial SC 461 visa and they have not become a member of the family unit of
any other person.

OR

they are outside Australia and they:

last left Australia while holding a SC 461 visa
are no longer a family member of the New Zealand citizen in relation to whom they were granted
their visa and they have not become a member of the family unit of any other person, and
either:
have spent 2 in the last 5 years in Australia as the holder of a SC 461 visa, or
have substantial business, cultural, employment or personal ties with Australia which
are of benefit to Australia and have not been absent for a continuous period of 5 years
or more unless there are compelling reasons for the absence.

The fee for a SC 461 visa is $270, payable at the time of application. To apply you should complete Form 147.
You can apply for this visa either while in or outside Australia but you cannot apply in immigration clearance (ie
at the airport).
If you are offshore and want to settle permanently in Australia then you may also be able to bring your family
members to Australia as members of your family unit in your own application for a Skilled visa.

Can I sponsor someone else for an Australian visa?

Whether you are entitled to sponsor someone else for migration to Australia will depend on whether you are an
Eligible New Zealand Citizen or not (see above).
If you are an eligible New Zealand citizen
If you are an eligible New Zealand citizen, you can sponsor family members to live in Australia if:

the applicant meets the criteria of the particular visa they apply for
you are usually resident in Australia, and
you meet the health test.

If you are not an eligible New Zealand citizen

If you are not an eligible New Zealand citizen, you cannot sponsor family members to live in Australia under the
family stream of the migration program unless you are a permanent resident.

Can I work in Australia?

You are entitled to work in Australia if you came to Australia on a Special Category visa whether or not you are
an eligible New Zealand citizen.

Can I get Medicare in Australia?

You are entitled to Medicare in Australia as a New Zealand citizen.

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Can I get Social Security in Australia?

If you are an Eligible New Zealand Citizen
If you are an Eligible New Zealand citizen then you are entitled to social security in Australia if you satisfy the
relevant criteria. For information on what entitlements you have you should contact Centrelink on 13 2850 or
the Welfare Rights Centre on (02) 9211 5300 or 1800 226 028.
If you are not an Eligible New Zealand Citizen
If you are not an Eligible New Zealand citizen then you will generally only be entitled to social security in
Australia after you become a permanent resident (ie obtain a permanent visa rather than a Special Category
visa) or are covered by the International Social Security Agreement with New Zealand (this covers age
pension, disability support pension and carer payment). There are some exceptions to this, for example you
may still be entitled to family assistance and concession cards. You should contact Centrelink on 13 2850 for
further information or the Welfare Rights Centre on (02) 9211 5300 or 1800 226 028.

Can I become a citizen of Australia?

If you are an Eligible New Zealand Citizen
As an Eligible New Zealand citizen you are treated as a permanent resident and therefore are entitled to apply
for Australian citizenship. See IARCs Citizenship information sheet for further information.
If you are not an Eligible New Zealand Citizen
You are not entitled to apply for Australian citizenship if you are in Australia on a Special Category visa. This is
because you are not a permanent resident. You can only apply for Australian citizenship when you obtain
permanent residency and satisfy all other citizenship criteria. See IARCs Citizenship information sheet for
further information.

Can I be deported or removed from Australia?

Whether you are an eligible New Zealand citizen or merely a holder of a Special Category visa, your visa can
be cancelled in the same way as any other visa in Australia. If this happens you should seek advice from a
registered migration agent as soon as possible.
New Zealand citizens who have lived in Australia for less than 10 years may be deported if they commit a crime
and are sentenced to prison for at least 12 months or if they are considered to be a security risk. If you are
deported on criminal or security grounds or have your visa cancelled on character grounds then you are
permanently banned from returning to Australia.

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Contact Information
DEPARTMENT OF IMMIGRATION AND CITIZENSHIP (DIAC)
Counter service all NSW offices
9am4pm
Monday to Friday
Sydney CBD

26 Lee Street, Sydney 2000

GPO Box 9984, Sydney, NSW 2001

Parramatta

9 Wentworth Street
Parramatta NSW 2150
GPO Box 9984, Sydney, NSW 2001

National Telephone Inquiry Line: 131 881

Website:
www.immi.gov.au

Immigration Advice and Rights Centre Inc (IARC)

Administration line: (02) 9279 4300 (between 9am and 5pm)
Website:
www.iarc.asn.au

IARC Telephone Advice

IARC Face-to-Face Advice (by appointment only)

(02) 9262 3833

Tuesday and Thursday
2.00pm4.00pm

Contact us to make an appointment at:

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Immigration Advice and Rights Centre Inc.

Level 5, 362 Kent Street Sydney NSW 2000
Ph: +61 2 9279 4300 (Admin Line, 9-5pm)