IMPORTANT UPDATE: Direct pathway to Australian Citizenship for New Zealanders
What the Special Category Visa Lets You Do
The Special Category visa (SCV) gives New Zealand citizens broad rights in Australia, but it is still a temporary visa. While you hold it you can:
- live in Australia for as long as you remain a New Zealand citizen
- work for any employer, in any job, and run a business
- study at school, TAFE or university
- enrol in Medicare, as a New Zealand citizen living in Australia
What the SCV does not give you, unless you are a “protected” SCV holder (see below), is the same access as permanent residents to most social security payments, the ability to sponsor family members for some visas, or some other benefits that are linked to permanent residence.
Protected and Non-Protected SCV Holders
Your rights on an SCV depend heavily on when you first came to Australia. Rules introduced in 2001 created two groups of SCV holders.
Protected SCV holders
You are generally a protected SCV holder (also called an “eligible New Zealand citizen”) if you held an SCV and:
- were in Australia on 26 February 2001, or
- had been in Australia for a total of 12 months in the two years before 26 February 2001, or
- were assessed as protected by Services Australia (Centrelink) under the transitional rules that applied after that date.
Protected SCV holders are treated much like permanent residents for social security purposes and can sponsor family members for visas such as partner and parent visas.
Non-protected SCV holders
Most New Zealand citizens who first arrived after 26 February 2001 are non-protected. You can still live, work and study in Australia without limits, but:
- you are not eligible for most social security payments unless you hold an Australian permanent visa or become an Australian citizen
- after 10 years of continuous residence in Australia, you may be able to get certain income support payments, such as JobSeeker Payment, for a one-off period of up to 6 months
- you cannot sponsor a partner for a Partner visa, because the sponsor must be an Australian citizen, a permanent resident or an eligible New Zealand citizen
If you are not sure which group you are in, Services Australia can confirm your status. Our VEVO check can also confirm the visa you currently hold.
Australian Citizenship for New Zealanders: The Current Rules
Since 1 July 2023, New Zealand citizens who hold an SCV no longer need to become permanent residents before applying for Australian citizenship. SCV holders are treated as permanent residents for citizenship purposes, and you can apply directly for citizenship by conferral once you meet the residence requirement. See our guide to the direct pathway to Australian citizenship for New Zealanders.
The residence requirement
To meet the general residence requirement, you must:
- have lived in Australia for the 4 years immediately before you apply
- have been a permanent resident (which, for SCV holders, includes time on an SCV) for at least the last 12 months of that period
- have been absent from Australia for no more than 12 months in total during the 4 years, and no more than 90 days in the 12 months before you apply
For SCV holders who arrived before 1 July 2022, the start of permanent residence for citizenship purposes is backdated to 1 July 2022. If you were first granted an SCV on or after that date, it counts from the date of grant. Use our citizenship residence requirement guide to check your dates.
Children born in Australia
A child born in Australia on or after 1 July 2022 to a parent who holds an SCV is generally an Australian citizen automatically at birth. You can apply for evidence of Australian citizenship to confirm this.
What about the 189 New Zealand stream?
The New Zealand stream of the Skilled Independent (subclass 189) visa closed to new applications on 1 July 2023, when the direct citizenship pathway started. For most New Zealanders living in Australia, citizenship is now the main way to get full permanent rights.
Do You Still Need Permanent Residence?
If your goal is citizenship, you usually do not need a permanent visa first. A permanent visa may still be worth considering if you will not meet the citizenship residence requirement for some time, for example because you have only recently moved to Australia, or if you need access to a benefit that requires permanent residence before you can become a citizen. Options can include employer sponsored, skilled and family visas. Read more about Australian permanent residency for New Zealand citizens.
Bringing Your Family to Australia
- Family members who are New Zealand citizens get their own SCV when they arrive with a New Zealand passport.
- Family members who are not New Zealand citizens, such as a partner or child of a non-protected SCV holder, can apply for the New Zealand Citizen Family Relationship visa (subclass 461). This is a temporary visa for up to 5 years with work and study rights.
- Partner and parent visas: Once you become an Australian citizen, or if you are a protected SCV holder, you can sponsor eligible family members for permanent family visas.
Travel, Character and Keeping Your SCV
Your SCV ends when you leave Australia, and you are granted a new one each time you return on your New Zealand passport. Each new grant depends on meeting the health and character requirements at the time you arrive.
The SCV can be refused or cancelled on character grounds, for example if you have a substantial criminal record. This can lead to removal from Australia even if you have lived here for many years. If you have any criminal history, get advice before you travel or apply for citizenship.
Common Mistakes to Avoid
- Assuming that living in Australia for many years gives you access to Centrelink payments. For non-protected SCV holders it usually does not.
- Applying for permanent residence when you already qualify for citizenship directly.
- Not tracking time spent overseas, which can stop you from meeting the citizenship residence requirement.
- Relying on old information. The rules for New Zealanders in Australia changed significantly in 2022 and 2023.
- Travelling overseas with an unresolved criminal matter without getting advice first.
Special Category Visa 444: Frequently Asked Questions
Do I need to apply for a Special Category visa before I travel?
No. In most cases the SCV is granted automatically when you arrive in Australia and present a valid New Zealand passport. You do not need to apply in advance.
Is the SCV a permanent visa?
No. It is a temporary visa, even though it lets you stay indefinitely while you remain a New Zealand citizen. For citizenship purposes only, SCV holders are treated as permanent residents.
Can I get Centrelink payments on an SCV?
Protected SCV holders generally can, if they meet the usual rules for each payment. Non-protected SCV holders have very limited access unless they become permanent residents or Australian citizens.
How soon can I apply for Australian citizenship?
Once you have lived in Australia for 4 years and meet the absence limits, you can apply directly for citizenship by conferral. You do not need to become a permanent resident first.
Can my non New Zealand partner live with me in Australia?
Yes. If you are a non-protected SCV holder, your partner can usually apply for the subclass 461 visa. If you are a protected SCV holder or an Australian citizen, a partner visa may also be an option.
Will I lose my New Zealand citizenship if I become an Australian citizen?
Australia allows dual citizenship, so becoming an Australian citizen does not by itself require you to give up New Zealand citizenship. We can explain your options in a consultation, or you can start with our NZ citizen assessment form.
Permanent Resident and Citizenship for New Zealanders living in Australia
What you need to do to become an Australian citizen depends on when you arrived:
- If you came to Australia before 26 February 2001 book a time to check if you are an eligible New Zealand citizen.
- After 26 February 2001: Since 1 July 2023 you no longer need to become a permanent resident first. If you have lived in Australia for at least four years and meet the residence requirement, you can apply for Australian citizenship directly. See our guide to the direct pathway to Australian citizenship for New Zealanders.
