As at 2013, around 15 per cent of New Zealand’s population was living in Australia.  The vast majority of these 650,000 New Zealand citizens have been living in Australia on a permanent basis for a substantial length of time without taking out citizenship – which means, among other things, a lack of voting rights and a risk of deportation.

But legislative changes made in 2001 and 2014 have tightened their pathways to Australian citizenship and increased their risks of deportation from Australia.

So is it time to take the plunge and apply for Australian citizenship?

What visa does a New Zealand citizen hold when they enter Australia?

Subject to their criminal history, New Zealand Citizens are automatically granted a Subclass 444 Special Category visa on entry to Australia.

  • This visa allows them to remain in Australia indefinitely with full rights to work and study.
  • It will be cancelled where a person has been convicted of one or more offences, for which the person has been sentenced to a period of 12 months or more, cumulatively.  This applies regardless of whether the sentence was in fact served – ie. a suspended sentence is treated as equivalent to a served sentence.
  • Importantly, this visa is a temporary visa only.  This means that these visa holders are subject to lower thresholds for visa cancellation, and therefore deportation, than permanent visa holders.

What are the pathways available to a New Zealand Citizen to become an Australian citizen?

The general requirement for Australian citizenship is that the person must hold a permanent visa and meet the length of residency requirement.  In the case of New Zealand citizens there is an exception which applies where the person was in Australia on 26 February 2001 and the holder of a Special Category visa.  In this special case the New Zealand citizen will be directly eligible for Australian citizenship without the requirement to obtain a permanent visa first.  However, any New Zealand citizen who arrived after 26 February 2001 must first obtain permanent residency.

I arrived in Australia after 26 February 2001, so are there special pathways available to me to obtain permanent residency?

Yes. Apart from all general pathways open to citizens of any country (such as a partner visa), there is one special pathway to permanent residency available for New Zealand citizens.  Under the Subclass 189 Skilled Independent visa program there is a stream for New Zealand citizens.  The requirements for grant of this visa is that the New Zealand citizen hold a Special Category visa, have lived in Australia for at least 5 years, have started living in Australia on or before 19 February 2016, and in the last 5 financial years have earned at least the threshold income which since the 2014 financial year has been $53,900.

Why should I bother to become an Australian Permanent Resident or Australian citizen?

It is not rare to read stories of generally law-abiding New Zealand citizens living in Australia having a run-in with the law due to, for example, falling on hard times.  It is one thing to face the risk of a criminal conviction and potential gaol sentence in Australia, and another to risk being removed from Australia and being unable to re-enter.  The pain, suffering and costs, personal and economic, involved with re-entering Australia after a removal far outweigh the small investment required to regularise your status in Australia.

Do I have to give up my New Zealand citizenship to become an Australian citizen?

No.  Australian and New Zealand laws allow for the retention of New Zealand citizenship.  This means you may hold two passports, and have the freedom to live permanently in New Zealand in the future if you wish.  This is potentially a powerful position to be in and allows you take advantage of the prevailing social and economic, including taxation, conditions existing in both countries.

To find our more about Australian citizenship and the pathways of permanent residency open to New Zealand citizens, contact Neil Arora of Keypoint Law.  Keypoint Law offers advice to employers and individuals in relation to Australia’s immigration and citizenship laws.

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This article is for general information purposes only and does not constitute legal or professional advice.  It should not be used as a substitute for legal advice relating to your particular circumstances.  Please also note that the law may have changed since the date of this article.