Direct pathway to Australian citizenship for New Zealand citizens living in Australia announced
Australia has announced a direct pathway to citizenship for New Zealand citizens who have been living in the country for four years or more. The move, announced by the Australian government on 22 April 2023, means that New Zealand citizens who have been living in Australia for more than four years will be eligible to apply for Australian citizenship directly, without having to apply for and be granted a permanent visa first.
This change will affect New Zealand citizens who hold a Special Category (subclass 444) visa (SCV) and who arrived in Australia after 26 February 2001. Protected SCV holders will continue to be eligible to apply directly for Australian citizenship. The change will be implemented from 1 July 2023 and will allow New Zealand citizens who have been living in Australia for four years or more to meet the general residence requirement for Australian citizenship.
The general residence requirement for Australian citizenship by conferral is set out in the Australian Citizenship Act 2007. To meet the general residence requirement, an applicant must be lawfully present in Australia for four years, including 12 months as a permanent resident, immediately before the date of application.
From 1 July 2023, all New Zealand citizens holding an SCV will be considered permanent residents for citizenship purposes. New Zealand citizens granted an SCV before 1 July 2022 will have their period of permanent residence for citizenship purposes backdated to 1 July 2022. New Zealand citizens granted an SCV for the first time on or after 1 July 2022 will be considered a permanent resident for citizenship purposes from the date of their SCV grant.
These provisions will also apply to New Zealand citizens who are overseas but held an SCV immediately before last leaving Australia. However, they will not apply to citizenship applications submitted before 1 July 2023. If an applicant submits a citizenship application before this date and does not meet the eligibility requirements, their application will be refused, and they will not be entitled to a refund.
The backdating of permanent residence for SCV holders will also have an impact on children born to SCV holders. From 1 July 2023, any child born in Australia on or after 1 July 2022, to an SCV holder, may automatically acquire Australian citizenship at birth. From 1 July 2023, children who meet these circumstances can apply for evidence of citizenship.
These changes reflect the close ties between Australia and New Zealand and highlight the positive contribution New Zealand citizens make to Australia. The move will make it easier for New Zealand citizens living in Australia to become Australian citizens and will provide them with a more viable pathway to citizenship. The Australian government has stated that it will continue to review its immigration policies to ensure they are fair and just for all.
