What is an ‘Eligible New Zealand Citizen' for Partner Visa?
When applying for a Partner Visa in Australia, and the sponsoring partner is a New Zealand citizen. It is important to determine if the sponsoring individual meets the requirement as an “eligible New Zealand citizen”.
What is Special Category Visa (SCV) (Subclass 444)?
Typically, when a New Zealand passport holder enters Australia, they are usually automatically granted a Special Category Visa (SCV) (Subclass 444), which allows the individual to visit, study, work and reside in Australia as long as they maintain their New Zealand citizenship status.
SCV is classified as a temporary visa since it remains in effect only as long as the holder is in Australia and continues to be a New Zealand citizen. New Zealand citizens do not need to apply for a visa prior to entering Australia. Once they leave, their current SCV will be revoked, and it will be automatically reissued upon re-entry.
There are 2 categories of SCV:
Protected SCV – Those who were in Australia before 26 February 2001.
Non-Protected SCV – Those who arrived after 26 February 2001.
Related: Special Category (Subclass 444) Visa: "Behaviour Concern Non-Citizen" (BCNC) Explained
What are the Differences between Protected and Non-Protected SCV?
Protected SCV holders have benefits, including the ability to apply directly for Australian citizenship without needing to apply for a Permanent Residency (PR) visa. Additionally, they will have full access to social security benefits and Australian Citizenship for their children at birth. In contrast, non-protected SCV holders will have restrictions on accessing citizenship and the benefits mentioned above. However, if the parent is an SCV holder on or after 1 July 2022, their children who were born in Australia may be eligible for Australian citizenship.
Related:
What is an “Eligible New Zealand Citizen” for a Partner Visa Application?
For Partner visas, the sponsor is required to be an Australian citizen, PR, or eligible New Zealand citizen. One may question if you are an eligible New Zealand citizen, below are the criteria:
An eligible New Zealand citizen must be a protected SCV holder.
They were in Australia on 26 February 2001, or
They lived in Australia for 12 months in the two years leading up to that date; or
They have written confirmation from Centrelink establishing their protected SCV holder status.
How Can Agape Henry Crux Assist
If you do not meet these eligibilities, speak with an immigration lawyer to find alternative pathways to sponsor your partner to live in Australia. Speak with one of our Accredited Specialists in Immigration Law at Agape Henry Crux, as they specialise in handling highly complex matters such as your partner visa matter. You can schedule an appointment to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.
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.
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