Special Category (Subclass 444) Visa: "Behaviour Concern Non-Citizen" (BCNC) Explained
The Special Category Visa (SCV) (Subclass 444) is a free temporary visa specifically designed for New Zealand (NZ) citizens, allowing them to reside in Australia indefinitely. This visa simplifies the process for New Zealanders to settle in Australia, but there are specific eligibility criteria and restrictions that applicants must fulfil to get the visa granted.
Eligibility for Special Category (Subclass 444) Visa
New Zealand citizens can normally obtain the SCV (SC444) upon arrival in Australia or apply for it while in Australia. To qualify for SC 444 visa, applicants must meet the following requirements:
Valid New Zealand Passport: Applicants must hold a valid passport from New Zealand.
Behaviour and Health Requirements:
Applicants must not be classified as a "behaviour concern non-citizen" (BCNC).
Applicants must not be classified as a "health concern non-citizen."
Visa Conditions: If applying from within Australia, the applicant must not have a Condition 8503 ("no further stay") on their current visa.
Once granted, the Special Category Visa (Subclass 444) Visa allows New Zealand citizens to stay in Australia indefinitely. However, it may be revoked if the individual:
Leaves Australia.
Obtains a permanent visa or Australian citizenship.
Ceases to be a New Zealand citizen.
Fails to meet ongoing character requirements.
What is a Behaviour Concern Non-Citizen (BCNC)?
A BCNC is defined as a non-citizen who has certain criminal convictions or behaviours that may pose a concern to Australian authorities. The criteria for being classified as a BCNC include:
Criminal Convictions:
Conviction for a crime punishable by death or imprisonment for at least one year.
Conviction for two or more crimes resulting in total imprisonment of at least one (1) year, disregarding concurrent sentences.
Charges of Unsound Mind:
Being found guilty or acquitted on the grounds of being of unsound mind.
Removal or Deportation:
Previous removal or deportation from Australia or another country.
Exclusion from another country under specific circumstances, such as presenting a bogus passport or being deemed a security threat.
For a BCNC, the term "sentenced to imprisonment" includes being confined to a corrective institution.
Implications of Criminal Convictions
New Zealand citizens with criminal convictions, regardless of when they occurred or where they were sentenced, must declare these convictions when applying for the SCV. This includes:
Convictions in New Zealand: All criminal history must be disclosed.
Convictions in Other Countries: Any criminal history from other nations also needs to be declared.
Failure to disclose this information can result in severe consequences, including visa cancellation or visa refusal.
”behaviour concern non-citizen" BCNC Test
Before travelling, applicants with criminal convictions are encouraged to complete the New Zealand passport holders travelling with a criminal conviction – online enquiry form. This form is designed to help you ascertain whether your criminal history might lead to a BCNC classification.
Steps to Complete the BCNC Enquiry Form
Access the Online Form: Visit the appropriate government website to locate the enquiry form specifically for New Zealand passport holders.
Provide Identification: You will need to upload one form of photo ID, such as a passport or driver’s license, that clearly shows your name and signature.
Processing Time: The enquiry form typically takes around 25 working days to process. It’s advisable to submit the form well in advance of your travel plans to allow enough time for a response.
It is crucial to note that the assessment provided through the enquiry form is for guidance purposes only. Completing the form does not guarantee a specific outcome regarding your eligibility for the SCV. The final decision on whether you will be granted the SCV is made by an Australian Border Force Officer at the border upon your arrival in Australia.
Key Points to Remember
No Guarantee of Approval: Responses from the enquiry form are not binding. Even if you receive guidance suggesting you might not be classified as a BCNC, the Border Force Officer has the final authority to assess your eligibility upon entry.
Criminal Convictions Matter: If you have a criminal conviction, it’s vital to declare it and understand how it may impact your visa application. The BCNC classification can arise from various factors, including the nature of your convictions and any previous deportations or exclusions.
Prepare for Possible Outcomes: Given the uncertainty surrounding the outcome at the border, be prepared for any situation. This includes being aware of your rights and the processes in place should you be denied entry
What If You Are a BCNC?
If you are classified as a BCNC, you will not be eligible for the SCV (Subclass 444). However, you may still apply for another type of visa to enter Australia, provided you meet the relevant eligibility criteria.
It is important to note that most Australian visas require applicants to pass the "character test." If you have been assessed as a BCNC, you are likely to not meet the character test, which your application may result in being referred to the Visa Application Character Consideration Unit (VACCU) for further assessment.
Caution - Potential Delays in Visa Processing
The character assessment process conducted by VACCU can significantly delay your visa application process. Processing times may be extended beyond six (6) months, depending on the complexity of your circumstances and matter.
How Can Agape Henry Crux Help
Understanding the eligibility criteria for a visa, particularly the behaviour concern non-citizen (BCNC) classification is crucial. For those with criminal convictions, navigating the visa application process can be complex and may lead to unfavourable results. If you are considering applying for a visa with character issues, contact Agape Henry Crux. Our Accredited Specialist Immigration Lawyer(s) and our team of immigration lawyers and migration agents specialise in handling highly complex matters. You may schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. If this isn’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.