chapter 14 – new zealand citizens in australia - Australian Citizenship

CHAPTER 14 – NEW ZEALAND CITIZENS IN AUSTRALIA
OVERVIEW
STATUS OF NEW ZEALAND CITIZENS IN AUSTRALIA
26 January 1973 to 31 August 1994
1 September 1994 to 26 February 2001
27 February 2001 to present
Centrelink certificates
Overview of status of NZ citizens in Australia
AUSTRALIAN CITIZENSHIP STATUS OF CHILDREN BORN IN
AUSTRALIA TO NEW ZEALAND CITIZEN PARENTS
27 February 2001 to present
1 September 1994 to 26 February 2001
20 August 1986 to 31 August 1994
26 January 1949 to 19 August 1986
Automatic acquisition of citizenship on 10th birthday
Overview of status of children born to NZ citizens in Australia
ATTACHMENT A
- Character requirements for New Zealand citizens applying for
Australian citizenship by conferral

CHAPTER 14 – NEW ZEALAND CITIZENS IN AUSTRALIA
OVERVIEW
Under various arrangements since the 1920s, there has been a free flow of
people between Australia and New Zealand. The most recent of these
arrangements, the 1973 Trans-Tasman Travel Arrangement, allows Australian
and New Zealand citizens to enter each others' country to visit, live and work,
without the need to apply for authority to enter the other country.
However, the status of New Zealand citizens in Australia for the purposes of
Australian citizenship legislation has changed over time. The key dates are
from 26 January 1973 to 31 August 1994; from 1 September 1994 to
26 January 2001 and from 27 February 2001 until the present time.
This chapter covers the status of New Zealand citizens during the above
periods in relation their eligibility for Australian citizenship as well as the
Australian citizenship status of their children born in Australia.
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CHAPTER 14 – NEW ZEALAND CITIZENS IN AUSTRALIA
STATUS OF NEW ZEALAND CITIZENS IN AUSTRALIA
26 January 1973 to 31 August 1994
Between 26 January 1973 and 31 August 1994, a New Zealand citizen could
enter Australia on presentation of their New Zealand passport. They were
considered to be an “exempt non-citizen” for the purposes of the Migration Act
1958. This meant that an entry permit was not required.
An "exempt non-citizen" in Australia was regarded as a "permanent resident",
for the purposes of the Australian Citizenship Act 1948 (the Act). This was
achieved through a declaration made under subsection 5A(2) of the Act which
provided that certain non-citizens could be regarded as permanent residents
for the purposes of the Act.
The declaration only extended to periods spent in Australia. There was no
provision to regard “exempt non-citizens” as permanent residents while
outside Australia.
In certain circumstances a New Zealand citizen was considered not to be an
“exempt non citizen”. These related to matters of health and character
concern. For example, if the person suffered from certain health conditions,
had criminal convictions, presented bogus documentation when entering
Australia or had been deported from Australia or another country.
1 September 1994 to 26 February 2001
On 1 September 1994 amendments to the Migration Act 1958 required all non
citizens to hold visas. A Special Category Visa (SCV) was introduced for New
Zealand citizens.
A New Zealand citizen who was already present in Australia and did not hold
any other visa automatically became a holder of an SCV from
1 September 1994. A New Zealand citizen who arrived in Australia on or after
1 September 1994, and presented to an immigration clearance officer a valid
New Zealand passport and an incoming passenger card, was generally
granted an SCV.
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CHAPTER 14 – NEW ZEALAND CITIZENS IN AUSTRALIA
The SCV is not a permanent visa. However, for the period from
1 September 1994 to 26 February 2001, New Zealand citizens who held a
SCV were considered to be permanent residents for citizenship purposes
unless:
- the New Zealand citizen was present as a diplomatic representative
(or their spouse or dependent child) of New Zealand; and
- was the holder of a special purpose visa (granted to certain
diplomats, officials, crew or armed forces and their families).
This was achieved through a declaration under subsection 5(A2) of the Act.
The declaration under subsection 5A(2) of the Act was extended on
29 November 2004 to include certain New Zealand crew members as
permanent residents for citizenship purposes if they:
- were holders of special purpose visas, granted on the basis of the
person’s status as an airline crew member or an airline positioning
crew member; and
- were ‘ordinarily’ resident in Australia.
27 February 2001 to present
On 26 February 2001 a revised social security arrangement was announced
jointly by the Governments of Australia and New Zealand. On the same date,
the Australian Government also announced that New Zealand citizens would
no longer be considered as permanent residents for Australian citizenship
purposes, unless
- they held a permanent visa granted under the Migration Act
1958; or
- were in Australia on 26 February 2001 as holders of a SCV; or
- were outside Australia on 26 February 2001 but were in
Australia as the holder of a SCV for one or more period totalling
12 months in the 2 years prior to 26 February 2001; or
- did not fall within the above two categories but have a Centrelink
certificate, issued under the Social Security Act 1991, that states
that the person was, for the purposes of social security, residing
in Australia on a particular date.
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CHAPTER 14 – NEW ZEALAND CITIZENS IN AUSTRALIA
The declaration made under subsection 5A(2) of the Act continued to include
certain New Zealand crew members as permanent residents for citizenship
purposes if they:
- were holders of special purpose visas, granted on the basis of
the person’s status as an airline crew member or an airline
positioning crew member; and
- were ‘ordinarily’ resident in Australia.
These people are still considered as permanent residents for the purpose of
the Australian Citizenship Act 2007.
Centrelink certificates
A Centrelink certificate provides evidence that the person whose name and
other particulars appear on the certificate falls under the transitional
provisions and is deemed to be a permanent resident for citizenship purposes
(on or after 27/2/01) in Australia.
Centrelink issued certificates to people who contacted them and who met one
of the following requirements:
- were existing recipients of social security payments who were
outside Australia on 26 February 2001 but returned within 26 weeks
of that date; or
- arrived to reside in Australia between 27 February 2001 and
25 May 2001 (inclusive) and have a Centrelink certificate certifying
that they have, under the Social Security Act, established residence
in Australia. People in this category must have lodged an
application for a Centrelink certificate before 26 February 2004; or
- were part of a very small group who established permanent
residence in Australia but were unable to be physically present in
Australia in the 3 months immediately following 26 February 2001
and who applied to Centrelink by 26 February 2002. For example,
this group includes business people, church workers and aid
workers who would have experienced hardship if they had to return
by 26 May 2001.
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CHAPTER 14 – NEW ZEALAND CITIZENS IN AUSTRALIA
Centrelink issued certificates until 26 February 2004, for those who had
commenced to reside in Australia within 3 months of 26 February 2001.
For those who were in Australia on 26 February 2001 but ‘temporarily absent’
and not on income support, certificates were issued until 26 February 2002.
Those on income support and temporarily absent were contacted by
Centrelink and issued with certificates as appropriate.
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CHAPTER 14 – NEW ZEALAND CITIZENS IN AUSTRALIA
Overview of Status of New Zealand Citizens
Status of New Zealand
citizens
26 January 1973 to 31
August 1994
Visa granted
No entry permit required.
Considered as “exempt
non-citizens”.
Considered as
permanent residents for
citizenship purposes?
Only for periods present
in Australia.
1 September 1994 to 26
February 2001
27 February 2001 to
present
Transitional provisions
Outside Australia on 26
February 2001
Special category visa
(SCV)
Special purpose visa
(SPV)
Special category visa
(SCV)
Permanent visa
Special purpose visa
(SPV)
Special category visa
(SCV)
Yes.
Only if the SPV was
granted on the basis of
the person’s status as
airline crew member or
airline positioning crew
member and were
ordinarily resident in
Australia.
No, unless covered by
transitional provisions,
detailed below.
Yes.
Only if the SPV was
granted on the basis of
the person’s status as
airline crew member or
airline positioning crew
member and were
ordinarily resident in
Australia.
Only if they:
(1) were in Australia as
the holder of a SCV for a
period or period totalling
12 months in the previous
2 years; OR
(2) have a Centrelink
certificate stating that they
were residing in Australia.
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CHAPTER 14 – NEW ZEALAND CITIZENS IN AUSTRALIA
AUSTRALIAN CITIZENSHIP STATUS OF CHILDREN BORN IN
AUSTRALIA TO NEW ZEALAND CITIZEN PARENTS
The Australian citizenship status of children born to New Zealand parents has
changed over time, depending on the date of birth and the residence status of
the New Zealand parents. An overview of requirements is given below for the
following:
- 27 February 2001 to the present;
- 1 September 1994 to 26 February 2001;
- prior to 1 September 1994; and
- children who become Australian citizens on their 10th birthday.
27 February 2001 to the present
A child born in Australia to New Zealand citizen parents is an Australian
citizen by birth only if the New Zealand citizen parent/s:
- held a permanent visa at the time of the child’s birth; or
- was present in Australia on 26 February 2001 as the holder of a
special category visa; or
- was outside Australia on 26 February 2001 but had been in
Australia as the holder of a special category visa for a period
totalling not less than one year in the two years immediately before
that date; or
- does not fall within the above two categories but has a Centrelink
certificate, issued under the Social Security Act 1991, that states
that they were, for the purposes of that Act, resident in Australia; or
- the parent is the holder of special purpose visas, granted on the
basis of the person’s status as an airline crew member or an airline
positioning crew member; and ‘ordinarily’ resident in Australia.
A child born in Australia to New Zealand citizen parents is not an Australian
citizen by birth if the parent is:
- the diplomatic representative of New Zealand (or the spouse or
dependent child of one); or
- the holder of a special purpose visa (granted to certain diplomats,
officials, crew or armed forces and their families) unless the parent
is the holder of special purpose visas, granted on the basis of the
person’s status as an airline crew member or an airline positioning
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CHAPTER 14 – NEW ZEALAND CITIZENS IN AUSTRALIA
crew member; and ‘ordinarily’ resident in Australia.
1 September 1994 to 26 February 2001
A child born in Australia to a New Zealand citizen parent was an Australian
citizen at birth if at the time of birth the New Zealand citizen parent was a
permanent resident as defined for the purposes of the Australian Citizenship
Act 1948 in force at that time. That is, the New Zealand parent was at the
time of the birth the holder of a permanent visa or a special category visa and
was not:
- a diplomatic representative of New Zealand (or a spouse or
dependent child of one); or
- the holder of a special purpose visa (granted to certain diplomats,
officials, crew or armed forces and their families) unless the parent
is the holder of special purpose visas, granted on the basis of the
person’s status as an airline crew member or an airline positioning
crew member; and ‘ordinarily’ resident in Australia.
20 August 1986 to 31 August 1994
Between 26 January 1973 and 31 August 1994 a New Zealand citizen was an
exempt non-citizen if they last entered Australia by presenting a New Zealand
passport as evidence of their New Zealand citizenship. A child born in
Australia to New Zealand citizen parent/s would not have been an Australian
citizenship at birth if the parent last entered Australia (prior to the birth) as an
"exempt non-citizen".
The Australian Citizenship Act 1948 specifically excluded the children of
'exempt non-citizens' from obtaining Australian citizenship at birth. These
children may have acquired Australian citizenship automatically on their 10th
birthday if they had been ordinarily resident in Australia since their birth (see
below).
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CHAPTER 14 – NEW ZEALAND CITIZENS IN AUSTRALIA
26 January 1949 to 19 August 1986
A child born in Australia was an Australian citizen at birth unless they were the
child of a diplomat.
Automatic acquisition of citizenship on 10th birthday
A child born in Australia on or after 20 August 1986, who did not acquire
Australian citizenship at birth, automatically acquires it on their 10th birthday if
they have been ordinarily resident in Australia for 10 years from birth. This
provision operates regardless of the parent’s migration or citizenship status,
unless the parent was a diplomat.
Hence, a child born in Australia in 1986 and who did not acquire citizenship at
birth, but was ordinarily resident in Australia would have automatically
become an Australian citizen on their 10th birthday in 1996.
For further information on the interpretation of ‘ordinarily resident’, see
Chapter 1 – Preliminary and Definitions.
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CHAPTER 14 – NEW ZEALAND CITIZENS IN AUSTRALIA
Overview of Status of the Children of New Zealand Citizens born in
Australia
A child born in
Australia
27 February 2001 to
present
Is an Australian citizen
At birth – only if the parent is a
permanent resident for the
purposes of the Act; or has a
Centrelink certificate; or held a
special purpose visa (SPV) on
the basis of the parent’s status
as airline crew member or airline
positioning crew member and
they were ordinarily resident in
Australia.
10 th birthday – only if the child
was ordinarily resident in
Australia since their birth in
Australia
Is NOT an Australian
citizen
If the parent is a
diplomatic representative
of New Zealand, spouse
or dependent of one, or
holder of a special
purpose visa.
1 September 1994
to 26 February 2001
At birth – only if the parent held
a special category visa or held a
special purpose visa (SPV) on
the basis of the parent’s status
as airline crew member or airline
positioning crew member and
they were ordinarily resident in
Australia.
10 th birthday – only if the child
was ordinarily resident in
Australia since their birth in
Australia
If the parent is a
diplomatic representative
of New Zealand, spouse
or dependent of one, or
holder of a special
purpose visa.
20 August 1986 to
31 August 1994
At birth – only if the parent held
a permanent visa.
10 th birthday – only if the child
was ordinarily resident in
Australia since their birth in
Australia
If the parent is a
diplomatic representative
of New Zealand, spouse
or dependent of one, or
holder of a special
purpose visa.
26 January 1949 to
19 August 1986
At birth - unless the parent was
a diplomat.
If the parent was a
diplomat.
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CHAPTER 14 – NEW ZEALAND CITIZENS IN AUSTRALIA
ATTACHMENT A
Character requirements for New Zealand citizens applying for Australian
citizenship by conferral
New Zealand citizen applicants who do not hold a permanent residence visa
are required to obtain overseas penal clearance certificates because
generally they have not provided those certificates prior to becoming resident
in Australia.
This applies to New Zealand citizen applicants aged 16 years or over
regardless of how long the person has resided in Australia. New Zealand
citizens who arrived in Australia before the age of 16 years and have not left
Australia since are not required to provide the personal records information.
New Zealand citizens are required to complete a Form F1, which is available
from htttp://www.justice.govt.nz/privacy/, or any local district court in New
Zealand, or “The Privacy Unit, Ministry of Justice, National Office, PO Box
2750, Wellington, New Zealand”, or by phoning +64 4 9188800 or by fax +64
4 9188974. They will need to mail it or fax it to the above address or fax
number. They must check the box on the Form F1, requesting a Full Record
of Convictions.
The Full Record of Convictions should be attached to the citizenship
application.
If there is a need to verify the document or the information contained on the
document applicants should be requested to complete a Form 80 Personal
particulars for character assessment (available from www.immi.gov.au) as
well as a Consent to Disclosure of Information Form. Clients should use the
form at www.citizenship.gov.au and NOT the form at
http://www.newzealand.embassy.gov.au/wltn/CONSENTFORM.html), which
are visa forms.
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