Special Category Visa

A Special Category Visa (SCV) is an Australian visa category (subclass 444) granted to most New Zealand citizens on arrival in Australia, enabling them to visit, study, stay and work in Australia indefinitely under the Trans-Tasman Travel Arrangement. Currently, there are two categories of SCVs: protected SCV and as non-protected SCV. New Zealanders who had entered Australia before 26 February 2001 are classified as protected SCV holders, and after that date as non-protected SCV holders. The rights of the two categories are somewhat different.

Description

A Special Category Visa is granted to New Zealander passport holders upon arrival to Australia. The SCV remains valid until the visa holder acquires Australian permanent residency or citizenship or has their visa cancelled. The SCV ceases when its holder departs Australia for any reason, but a new SCV is granted on return.

The SCV allows New Zealand citizens to reside in Australia; visit, work and study in Australia; and apply for permanent visas if they meet eligibility requirements. The SCV is technically classified as a temporary visa, despite its holder's residence in Australia not being subject to any limitation as to time imposed by law.

Most New Zealanders are eligible for a SCV, except:
* those with significant health problems
* those with significant criminal records i.e. being sentenced to more than 12 months' imprisonment combined in total
* those who hold temporary or permanent Australian visas
* those who arrive in Australia using another passport (e.g. if holding dual nationality). In this case an SCV can be obtained at a Department of Immigration office in Australia upon production of a valid New Zealand passport
* those who arrive for specified purposes, such as diplomats and visiting forces, who are normally granted a special purpose visa.

History

The Special Category Visa was created on 1 September 1994 by the ''Migration Regulations 1994'', which created the universal visa system in Australia. Prior to that date, New Zealanders were generally treated as ''exempt non-citizens'' in Australia, not requiring a visa for entry. Under the 1994 regulations, New Zealanders entering Australia are treated as having applied for a temporary entry visa, which is automatically granted, subject to health and character considerations, on arrival.

Protected SCV

Until 26 February 2001, SCV holders were generally treated the same as permanent visa holders.

After that date, they are considered protected SCV holders and retain the same rights as permanent residents if they meet one of the following conditions:

# In Australia with SCV on 26 February 2001
# Was in Australia with SCV for a total of at least a year during the two years prior to that date
# Usually in Australia with SCV, away temporarily on 26 Feb 2001, collected an Australian social benefit on that date, and returned before 26 August 2001

They are eligible for most social security benefits without restriction. They are also eligible to apply for Australian citizenship, provided they meet character and health requirements, without needing to apply for permanent residency.

Non-protected SCV

In 2001, Australia introduced a number of changes in the rights of SCV holders. New Zealanders who enter Australia after 26 February 2001, remain in Australia to live and work indefinitely are classed as non-protected SCV holders. They have restricted access to social security benefits; e.g. they are eligible for a one-off 6-month unemployment benefit after 10 years of residence under the current rules. They are also required to apply for and obtain Australian permanent resident status before becoming eligible for Australian citizenship.

During the COVID-19 pandemic in Australia, many SCV holders were ineligible to access Centrelink payments, prompting many to return to New Zealand. On 30 March 2020, Australian Prime Minister Scott Morrison announced that Special Category Visa holders would be eligible for AU$1,500 fortnightly payments as hardship assistance following negotiations with New Zealand Prime Minister Jacinda Ardern.

In early July 2022, Australian Prime Minister Anthony Albanese confirmed that SCV holders would be eligible for flood relief assistance following the 2022 New South Wales floods. This flood relief assistance consists of a one-off means-tested payment of A$1,000 for adults and A$400 for children. Ardern welcomed this development as a positive step in Australian-New Zealand bilateral relations.

Permanent resident status

SCV holders fit the commonly understood meaning of the term 'permanent resident' as they are entitled to live in Australia indefinitely, in much the same way as an Australian citizen or a permanent visa holder. However, they are not treated as permanent residents for the purpose of some Australian legislation.

Even in federal migration and citizenship law, there is no standard definition of the term and SCV holders are treated inconsistently.

Section 204 of the ''Migration Act 1958'' includes all SCV holders within the definition of 'permanent resident' on the basis they are 'not subject to any limitation as to time imposed by law'.

The Migration Regulations 1994 exclude all SCV holders from the definition of 'Australian permanent resident', including only permanent visa holders within the definition.

The ''Australian Citizenship Act 2007'' empowers the relevant Minister to declare by legislative instrument whether SCV holders are permanent residents for the purpose of the Act. The current legislative instrument includes some SCV holders, while excluding others.

Resident Return Visa

New Zealand citizens who entered Australia before 1 September 1994 (regardless of the purpose of entry) are considered "former Australian permanent residents", and eligible to apply for a Resident Return Visa (RRV). An RRV can be issued to former Australian permanent residents who wish to restore their permanent residence status. Applicants must demonstrate 'substantial ties of benefit to Australia' and give compelling reasons for any continuous absences of 5 years or more (since their last stay in Australia as a permanent resident, i.e. as a New Zealand citizen entering before 1 September 1994). In the absence of a RRV, the New Zealand citizen will be taken it have made of new entry into Australia.

Additional pathway to permanent residence

Since 1 July 2017, SCV holders who were resident in Australia on or before 19 February 2016 can apply for permanent residence after 5 years in Australia, in a new stream within the Skilled Independent (subclass 189) visa. They must also submit income tax returns which show assessable income at least equivalent to the Temporary Skilled Migration Income Threshold (TSMIT) for the 5-year period (unless they are 'particularly vulnerable'), and pass mandatory health, character and security checks. The application fee for a primary applicant is AU$3,600 plus an additional AU$1,800 per partner/dependent aged 18 or above and AU$900 per dependent under 18.

New Zealand citizens who are granted this visa are eligible to apply for Australian citizenship after 12 months, in addition to the 5 years as a SCV holder.

Cancellation of SCVs

In December 2014, the Australian Government amended the Migration Act 1958 to introduce "Section 501" which facilitated the deportation of non-citizens who had been imprisoned for twelve months and were deemed by Australian authorities to be of "bad character." By July 2019, nearly 1,600 New Zealanders (including SCV holders) who had been sentenced to 12 months' jail had their visas cancelled and were deported. That same year, the Australian Government indicated it was planning to tighten the Section 501 "character test" by looking at the potential maximum sentence for an offence instead of what the actual sentence was.

The accelerated deportation of New Zealanders (many of whom had spent most of their lives in Australia) under the 501 character test has strained bilateral relations between Wellington and Canberra. While Australian policymakers including Home Affairs Minister Peter Dutton and Prime Minister Scott Morrison defended the deportations on law and order grounds, New Zealand policymakers including Justice Minister Andrew Little and Prime Minister Jacinda Ardern have criticised the deportations for violating human rights and damaging bilateral relations. By March 2022, 2,544 New Zealanders had been deported from Australia, which accounted for 96% of deportations to New Zealand since 2015. Due to limited family connections, poverty, and poor employment opportunities, many former deportees relapsed into criminal offender. Between January 2015 and March 2022, former deportees accounted for 8,000 offenses including dishonesty, violent crime, drugs, and anti-social behaviour. In addition, the 501 deportation policy also contributed to a surge in organised crime in New Zealand due to the repatriation of Comanchero and Mongol bikie gang members.

See also

*Trans-Tasman Travel Arrangement
*Australian nationality law
*New Zealand nationality law
*Permanent Resident of Norfolk Island visa
* Temporary protection visa

References

External links

*

*

* {{cite web
, title=Immigration status of New Zealanders in Australia
, publisher= Ministry of Foreign Affairs and Trade (New Zealand), (New Zealand High Commission Canberra)
, url=http://www.nzembassy.com/australia/new-zealanders-overseas/living-australia/immigration-status-new-zealanders-australia
, accessdate=12 December 2015

External links

New Zealanders in Australia

Visa policy of Australia
Australia–New Zealand relations
Human rights in Australia