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chapter 14 – new zealand citizens in australia - Australian Citizenship

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

AUSTRALIAN CITIZENSHIP STATUS OF CHILDREN BORN IN<br />

AUSTRALIA TO NEW ZEALAND CITIZEN PARENTS<br />

The <strong>Australian</strong> <strong>citizens</strong>hip status of children born to New Zealand parents has<br />

changed over time, depend<strong>in</strong>g on the date of birth and the residence status of<br />

the New Zealand parents. An overview of requirements is given below for the<br />

follow<strong>in</strong>g:<br />

- 27 February 2001 to the present;<br />

- 1 September 1994 to 26 February 2001;<br />

- prior to 1 September 1994; and<br />

- children who become <strong>Australian</strong> <strong>citizens</strong> on their 10th birthday.<br />

27 February 2001 to the present<br />

A child born <strong>in</strong> Australia to New Zealand citizen parents is an <strong>Australian</strong><br />

citizen by birth only if the New Zealand citizen parent/s:<br />

- held a permanent visa at the time of the child’s birth; or<br />

- was present <strong>in</strong> Australia on 26 February 2001 as the holder of a<br />

special category visa; or<br />

- was outside Australia on 26 February 2001 but had been <strong>in</strong><br />

Australia as the holder of a special category visa for a period<br />

totall<strong>in</strong>g not less than one year <strong>in</strong> the two years immediately before<br />

that date; or<br />

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

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

that they were, for the purposes of that Act, resident <strong>in</strong> Australia; or<br />

- the parent is the holder of special purpose visas, granted on the<br />

basis of the person’s status as an airl<strong>in</strong>e crew member or an airl<strong>in</strong>e<br />

position<strong>in</strong>g crew member; and ‘ord<strong>in</strong>arily’ resident <strong>in</strong> Australia.<br />

A child born <strong>in</strong> Australia to New Zealand citizen parents is not an <strong>Australian</strong><br />

citizen by birth if the parent is:<br />

- the diplomatic representative of New Zealand (or the spouse or<br />

dependent child of one); or<br />

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

officials, crew or armed forces and their families) unless the parent<br />

is the holder 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 />

8<br />

as at 15 February 2008

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