Special Category Visa

A Special Category Visa (SCV) is an Australian visa category (subclass 444) granted to most New Zealand citizens on arrival in Australia, enabling them to visit, study, stay and work in Australia indefinitely under the Trans-Tasman Travel Arrangement. Currently, there are two categories of SCVs: protected SCV and as non-protected SCV. New Zealanders who had entered Australia before 26 February 2001 are classified as protected SCV holders, and after that date as non-protected SCV holders. The rights of the two categories are somewhat different.

Most New Zealanders are eligible for a SCV, except:

  • those with significant health problems
  • those with significant criminal records i.e. being sentenced to more than 12 months' imprisonment combined in total
  • those who hold temporary or permanent Australian visas
  • those who arrive in Australia using another passport (e.g. if holding dual nationality). In this case an SCV can be obtained at a Department of Immigration office in Australia upon production of a valid New Zealand passport
  • those who arrive for specified purposes, such as diplomats and visiting forces, who are normally granted a special purpose visa.

Mechanics

A SCV is granted New Zealander passport holders upon arrival to Australia. Unlike other non-citizens, New Zealanders do not require a visa before travelling to Australia. New Zealanders arriving in Australia are not told they have a visa and ordinarily their passports are not stamped. The SCV ceases when its holder departs Australia for any reason, but a new SCV is granted on return.

The SCV is technically classified as a temporary visa, despite its holders residence in Australia not being subject to any limitation as to time imposed by law.

History

The Special Category Visa was created on 1 September 1994 by the Migration Regulations 1994, which created the universal visa system in Australia. Prior to that date, New Zealanders were generally treated as exempt non-citizens in Australia, not requiring a visa for entry. Under the 1994 regulations, New Zealanders entering Australia are treated as having applied for a temporary entry visa, which is automatically granted, subject to health and character considerations, on arrival.

Protected SCV

Until 26 February 2001, SCV holders were generally treated the same as permanent visa holders. New Zealanders who had entered Australia before 26 February 2001 are now classified as protected SCV holders and retain the same rights as permanent residents. They are eligible for most social security benefits without restriction. They are also eligible to apply for Australian citizenship, provided they meet character and health requirements, without needing to apply for permanent residency.

Non-protected SCV

In 2001, Australia introduced a number of changes in the rights of SCV holders. New Zealanders who enter Australia after 26 February 2001, remain in Australia to live and work indefinitely are classed as non-protected SCV holders. They have restricted access to social security benefits; e.g. they are eligible for a one-off 6-month unemployment benefit after 10 years of residence under the current rules. They are also required to apply for and obtain Australian permanent resident status before becoming eligible for Australian citizenship.

During the COVID-19 pandemic in Australia, many SCV holders were ineligible to access Centrelink payments, prompting many to return to New Zealand. On 30 March 2020, Australian Prime Minister Scott Morrison announced that Special Category Visa holders would be eligible for AU$1,500 fortnightly payments as hardship assistance following negotiations with New Zealand Prime Minister Jacinda Ardern.[1]

Permanent resident status

SCV holders fit the commonly understood meaning of the term 'permanent resident' as they are entitled to live in Australia indefinitely, in much the same way as an Australian citizen or a permanent visa holder. However, they are not treated as permanent residents for the purpose of some Australian legislation.

Even in federal migration and citizenship law, there is no standard definition of the term and SCV holders are treated inconsistently.

Section 204 of the Migration Act 1958 includes all SCV holders within the definition of 'permanent resident' on the basis they are 'not subject to any limitation as to time imposed by law'.

The Migration Regulations 1994 exclude all SCV holders from the definition of 'Australian permanent resident', including only permanent visa holders within the definition.

The Australian Citizenship Act 2007 empowers the relevant Minister to declare by legislative instrument whether SCV holders are permanent residents for the purpose of the Act. The current legislative instrument includes some SCV holders, while excluding others.

Resident Return Visa

New Zealand citizens who entered Australia before 1 September 1994 (regardless of the purpose of entry) are considered "former Australian permanent residents", and eligible to apply for a Resident Return Visa (RRV). An RRV can be issued to former Australian permanent residents who wish to restore their permanent residence status. Applicants must demonstrate 'substantial ties of benefit to Australia' and give compelling reasons for any continuous absences of 5 years or more (since their last stay in Australia as a permanent resident, i.e. as a New Zealand citizen entering before 1 September 1994).[2][3] In the absence of a RRV, the New Zealand citizen will be taken it have made of new entry into Australia.

Additional pathway to permanent residence

Since 1 July 2017, SCV holders who were resident in Australia on or before 19 February 2016 can apply for permanent residence after 5 years in Australia, in a new stream within the Skilled Independent (subclass 189) visa. They must also submit income tax returns which show assessable income at least equivalent to the Temporary Skilled Migration Income Threshold (TSMIT) for the 5-year period (unless they are 'particularly vulnerable'), and pass mandatory health, character and security checks. The application fee for a primary applicant is AU$3,600 plus an additional AU$1,800 per partner/dependent aged 18 or above and AU$900 per dependent under 18.[4]

New Zealand citizens who are granted this visa are eligible to apply for Australian citizenship after 12 months, in addition to the 5 years as a SCV holder.

Cancellation of SCVs

A SCV can be cancelled by the Minister, normally as the result of criminal behaviour. SCV holders sentenced to imprisonment can be immediately deported on release. As of July 2019, since 2014, nearly 1,600 New Zealanders who had been sentenced to 12 months' jail had their visas cancelled and were deported.[5] Some of these offences date back for a considerable period, and the government is planning to tighten the test further by looking at the potential maximum sentence for an offence instead of what the actual sentence was.[5]

See also

References
  1. "Covid-19 coronavirus: New Zealanders living in Australia able to access payments". The New Zealand Herald. 30 March 2020. Archived from the original on 30 March 2020. Retrieved 30 March 2020.
  2. https://www.border.gov.au/Trav/Life/New-
  3. http://www.ozkiwi2001.org/2013/09/eligibility-for-a-resident-return-visa/
  4. Department of Immigration and Border Protection: An additional pathway to permanent residence for ‘non-protected’ Special Category Visa (SCV) holders
  5. Australia looks to further tighten visa requirements
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