Visa Options for New Zealand Citizens in Australia

Options for New Zealand Citizens

New Zealand and Australia are close neighbours and have many things in common including language, British colonial history, liberal democracies, and more.

In recent decades both Australia and New Zealand have experienced significant population growth through immigration.

Trans-Tasman Travel Arrangement

Under the Trans-Tasman Travel Arrangement, Australian citizens and New Zealand citizens can travel freely between the two countries to live and work as often and as long as they please. The only limitations are health and character requirements.

Under the Arrangement New Zealanders arriving in Australia are most commonly granted a Special Category Visa (subclass 444 visa) on arrival, and each 444 visa extinguishes on departure from Australia. New Zealand citizens are not granted 444 visas on arrival if they hold a permanent resident visa for Australia or they are a dual citizen.

Immediate Family Members who are not New Zealand Citizens

Immediate family members of New Zealand citizens with a third citizenship can also apply for visas to live and work unrestricted in Australia under the subclass 461 visa category. The 461 visas are granted for 5 year periods.

However, if a New Zealand citizen is a permanent resident of Australia or a dual citizen, he/she is required to sponsor their non-New Zealand citizen family members to the same visas Australians do, such as Partner visas or Child visas.

Second Class Citizens?

New Zealand citizens in Australia on 444 visas do not have the same rights as Australian permanent residents or Australian citizens, for example; limited social security entitlements, limited Medicare benefits, and lack of access to subsidised university courses.

For these reasons, many New Zealanders who are long-term resident in Australia seek to become permanent residents, and may eventually become dual Australian-New Zealand citizens.

There are several pathways available to New Zealanders to become Australian permanent residents.

Subclass 189 New Zealand citizen stream visa

New Zealand citizens who were already “usually resident” in Australia on 19 February 2016 and have continued to be usually resident in Australia can apply for the concessional New Zealand citizen stream of subclass 189 permanent residence visa.

Requirements include minimum taxable income in each of the 5 years before applying, as well as health and character.

The main applicant can include their immediate family in the application even if the family members do not meet the income and residence rules or if they are not New Zealand citizens.

Employer Sponsored visas

New Zealand citizens or their family members holding subclass 461 visas can be sponsored on a concessional basis by their employer to subclass 186 or 187 permanent resident visas, or the subclass 494 PR pathway visa.

Eligible New Zealand Citizens

New Zealand citizens who were in Australia on 26 February 2001 are considered “protected Special Category Visa holders” and have the same rights as permanent residents.

There are special exemptions for New Zealanders who were absent from Australia on that exact day but had already established residence in Australia before that date.

Exempt non-citizens

New Zealand citizens who entered Australia before 1 September 1994 were considered to be “exempt non-citizens” under the old Migration regulations.

New Zealanders who were in Australia before 1 September 1994 may be considered Australian permanent residents depending on their exact circumstances and can make an application to confirm their permanent resident status.

Children born to New Zealand citizens while in Australia

Most people born in Australia before 20 August 1986 are Australian citizens by birth. There are exceptions which include children of diplomats.

From 20 August 1986, any child born in Australia with at least one parent who was an Australian permanent resident or Australian citizen at the time of birth, is an Australian citizen by birth. Children in these circumstances can apply for evidence of Australian citizenship to confirm their status and access their birthrights.

It is possible that some New Zealand citizen parents who had children in Australia may not realise they were Australian permanent residents at the time their child was born.

Also, a child born in Australia and who then is “ordinarily resident” in Australia up until their 10th birthday becomes an Australian citizen by action of law (no application required) on their 10th birthday. Exceptions include children of Diplomats.

Children who do become Australian citizens by action of law on their 10th birthdays can apply for evidence of Australian citizenship to confirm their status.

Citizenship by Conferral

Australian permanent residents who meet residence and character requirements are eligible to apply for Australian citizenship. Passing a multiple choice test is required in most cases.

Australian citizens have rights and privileges greater than Australian permanent residents, but also accept the obligations of citizenship.

Career Up can help

Career Up has extensive experience assisting New Zealand citizens and their families with all of the visas and issues mentioned above, and more. Contact us today to book an appointment.

George Pearse
MARN 0425396

Contact us here

Please note this blog post is not legal advice or visa advice.

Read our disclaimer for further details;  https://careerup.com.au/visa/disclaimer/

International Travel Restrictions

International travel changed dramatically with the pandemic. We see different countries manage the virus very differently and take completely different approaches to allowing people to travel in and out.

In Australia, the Federal Health Minister set up Travel Restrictions that control who can leave Australia, who can enter, and for what reasons.

People who want to Enter Australia or Depart Australia must get an exemption to the Travel Restrictions before travel unless;

– they are in an exempt category, or

– inside a “Travel Bubble” like the recent one with New Zealand. The New Zealand Travel Bubble is currently suspended.

Recent uncontrolled DELTA outbreaks, brought even tougher restrictions.

Some Features of Current Travel Restrictions

Citizens and Permanent Residents (PR)

At time of writing, Australian citizens and PR do not need to apply for a travel exemption to Enter Australia.

However, almost all Australian citizens and PR must apply for exemptions to Depart and from early September, that will even include Australian citizens and PR who live long-term outside Australia.

This could mean, for example, that an Australian Expat living in the UK could travel back to Australia for urgent family business, but then be stopped from leaving Australia to go back to their overseas home and work.

Temporary Residents

Temporary residents (everybody who is not a Citizen or PR) can Depart Australia anytime they can book a seat, but may not get back in.

Temporary Residents must apply for exemptions to Enter Australia or prove they are in an exempt category (for example, spouse or dependent child of an Australian citizen or PR, do certain types of work, or other exempt categories).

Temporary residents who want to Depart for a short trip overseas, then Re-Enter Australia, should get an exemption to Re-Enter before leaving Australia or they may be prevented from coming back.

This is true for first stage Partner visa holders (subclasses 309 and 820) who were previously exempt.

These rules are highly complex and constantly changing.

Career Up can Lodge Travel Exemption Applications on your behalf

Career Up can help you plan your travel to avoid problems and lodge Travel Exemption requests on your behalf.

We can save you time and money, and save you the frustration of unnecessary repeated exemption applications.

CONSULTATIONS BY APPOINTMENT ONLY

Call 07 3118 5700 for an appointment or contact us by email at visa@careerup.com.au

George Pearse
MARN 0425396

Contact us here

Please note this blog post is not legal advice or visa advice.

Visa Service in Sandgate on the Brisbane North Bayside

During the pandemic Career Up closed our office in the Brisbane CBD but now we are open in Sandgate.

Opposite Senior Citizens Centre

Career Up is a full service migration agency with more than 17 years experience, offering visa advice and immigration assistance in most areas of Australian Migration Law.

..and, now we are open in Sandgate.

SERVICES

Our services include advice, assistance and representation in the following areas;

  • Migration process strategy and planning,
  • Family based visas, including Partner, Parent and Child visas and other visas to re-unite your family in Australia,
  • Skilled visas, including Independent, State or Employer Nominated visas including Temporary Skills Shortage (482) visas, 491 and 494 visas, and a range of other temporary and permanent visas,
  • Options for New Zealand citizens,
  • Citizenship,
  • Employer / Employee Sponsorship and Nomination approvals,
  • Respond to Refusal or Cancellation notices,
  • Representation at the Administrative Appeals Tribunals (AAT) for Visa related matters or Citizenship matters,
  • Skills Assessments,
  • Travel Restriction Exemption applications, both inbound and outbound,
  • COVID related visa assistance and advice to stay lawful and identify / create pathways to temporary or permanent residence visas,
  • Temporary visas including Visitor visas, Student and Training visas, 485 Graduate visas, and many more,
  • Bridging visas,
  • Onshore Protection visas.

CONSULTATIONS BY APPOINTMENT ONLY

Call 07 3118 5700 for an appointment or contact us by email at visa@careerup.com.au

George Pearse
MARN 0425396

Contact us here

Please note this blog post is not legal advice or visa advice.