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chapter 14 – new zealand citizens in australia - Australian Citizenship

chapter 14 – new zealand citizens in australia - Australian Citizenship

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CHAPTER <strong>14</strong> – NEW ZEALAND CITIZENS IN AUSTRALIA<br />

The SCV is not a permanent visa. However, for the period from<br />

1 September 1994 to 26 February 2001, New Zealand <strong>citizens</strong> who held a<br />

SCV were considered to be permanent residents for <strong>citizens</strong>hip purposes<br />

unless:<br />

- the New Zealand citizen was present as a diplomatic representative<br />

(or their spouse or dependent child) of New Zealand; and<br />

- was the holder of a special purpose visa (granted to certa<strong>in</strong><br />

diplomats, officials, crew or armed forces and their families).<br />

This was achieved through a declaration under subsection 5(A2) of the Act.<br />

The declaration under subsection 5A(2) of the Act was extended on<br />

29 November 2004 to <strong>in</strong>clude certa<strong>in</strong> New Zealand crew members as<br />

permanent residents for <strong>citizens</strong>hip purposes if they:<br />

- were holders of special purpose visas, granted on the basis of the<br />

person’s status as an airl<strong>in</strong>e crew member or an airl<strong>in</strong>e position<strong>in</strong>g<br />

crew member; and<br />

- were ‘ord<strong>in</strong>arily’ resident <strong>in</strong> Australia.<br />

27 February 2001 to present<br />

On 26 February 2001 a revised social security arrangement was announced<br />

jo<strong>in</strong>tly by the Governments of Australia and New Zealand. On the same date,<br />

the <strong>Australian</strong> Government also announced that New Zealand <strong>citizens</strong> would<br />

no longer be considered as permanent residents for <strong>Australian</strong> <strong>citizens</strong>hip<br />

purposes, unless<br />

- they held a permanent visa granted under the Migration Act<br />

1958; or<br />

- were <strong>in</strong> Australia on 26 February 2001 as holders of a SCV; or<br />

- were outside Australia on 26 February 2001 but were <strong>in</strong><br />

Australia as the holder of a SCV for one or more period totall<strong>in</strong>g<br />

12 months <strong>in</strong> the 2 years prior to 26 February 2001; or<br />

- did not fall with<strong>in</strong> the above two categories but have a Centrel<strong>in</strong>k<br />

certificate, issued under the Social Security Act 1991, that states<br />

that the person was, for the purposes of social security, resid<strong>in</strong>g<br />

<strong>in</strong> Australia on a particular date.<br />

4<br />

as at 15 February 2008

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