Special Category Visa
Encyclopedia
A Special Category Visa is a type of Australian visa granted to most New Zealand citizens
on arrival in Australia
. New Zealand Citizens may then reside in Australia indefinitely under the Trans-Tasman Travel Arrangement
.
Most New Zealanders are eligible for a Special Category Visa (SCV) except:
The SCV is technically a temporary visa. However, prior to 26 February 2001, SCV holders were generally treated the same as permanent residents in Australia. In 2001, Australia legislated that newly arrived New Zealanders would henceforth lose the benefits of permanent resident status but would be able to continue living and working in Australia as long term temporary residents.
Those New Zealanders covered by the transitional arrangements are considered to hold protected Special Category Visas. If they leave Australia and re-enter they will continue to be granted a protected SCV on arrival.
Many long term residents have slipped through the gaps of the transitional arrangements such as Russell Crowe
, who was at The Brit Awards on 26 February 2001 http://www.cinema.com/news/item/3218/russell-crowe-im-glad-i-flew-across-the-world-to-lose.phtml and working on A Beautiful Mind
in the period preceding.
New Zealand nationality law
New Zealand citizenship was created on 1 January 1949 by the British Nationality and New Zealand Citizenship Act 1948...
on arrival in Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
. New Zealand Citizens may then reside in Australia indefinitely under the Trans-Tasman Travel Arrangement
Trans-Tasman Travel Arrangement
The Trans-Tasman Travel Arrangement is an informal agreement between Australia and New Zealand to allow for the free movement of citizens of one nation to the other.- Treaty history :...
.
History
The Special Category Visa was introduced on 1 September 1994 by the Migration Regulations 1994. It is known as a subclass 444 visa. Prior to 1 September 1994, New Zealanders were generally treated as exempt non citizens in Australia.Most New Zealanders are eligible for a Special Category Visa (SCV) except:
- those with significant health problems or criminal records
- those who hold temporary or permanent Australian visas
- those who arrive in Australia using another passport (eg if holding dual nationalityMultiple citizenshipMultiple citizenship is a status in which a person is concurrently regarded as a citizen under the laws of more than one state. Multiple citizenships exist because different countries use different, and not necessarily mutually exclusive, citizenship requirements...
). 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 visaSpecial purpose visaA special purpose visa is a visa given by operation of law to certain non-citizens in Australia to whom standard visa and immigration clearance arrangements do not apply....
instead.
Mechanics
The SCV is granted upon arrival to Australia. It ceases when the holder departs Australia (for any reason) but a new SCV is granted on return.The SCV is technically a temporary visa. However, prior to 26 February 2001, SCV holders were generally treated the same as permanent residents in Australia. In 2001, Australia legislated that newly arrived New Zealanders would henceforth lose the benefits of permanent resident status but would be able to continue living and working in Australia as long term temporary residents.
Transitional arrangements
Transitional arrangements were put in place to allow many New Zealanders who were in Australia at the time of the change in the rules to be exempted http://www.nz-oz.gov.au and Form 1154 (pdf)Those New Zealanders covered by the transitional arrangements are considered to hold protected Special Category Visas. If they leave Australia and re-enter they will continue to be granted a protected SCV on arrival.
Many long term residents have slipped through the gaps of the transitional arrangements such as Russell Crowe
Russell Crowe
Russell Ira Crowe is a New Zealander Australian actor , film producer and musician. He came to international attention for his role as Roman General Maximus Decimus Meridius in the 2000 historical epic film Gladiator, directed by Ridley Scott, for which he won an Academy Award for Best Actor, a...
, who was at The Brit Awards on 26 February 2001 http://www.cinema.com/news/item/3218/russell-crowe-im-glad-i-flew-across-the-world-to-lose.phtml and working on A Beautiful Mind
A Beautiful Mind (film)
A Beautiful Mind is a 2001 American drama film based on the life of John Nash, a Nobel Laureate in Economics. The film was directed by Ron Howard and written by Akiva Goldsman. It was inspired by a bestselling, Pulitzer Prize-nominated 1998 book of the same name by Sylvia Nasar...
in the period preceding.
Human rights issues
Differential Treatment of special category visa holders by State Governments or corporations is illegal under state Human Rights legislation (see http://www.specialcategoryvisa.com/subclass444/ http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=150396 http://www.underarmbowling.com/ http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10705175). There is no Federal Human Rights legislation, so federal legislation is not subject to the same tests. A petition has been formed and an official response from the New Zealand government can be found here http://www.maori-in-oz.com/images/stories/2011/June%20Dec/response_nz_hon_murry_mccullen_june_2011.jpg.
Legal meaning of SCV
However the distinction between a protected SCV and any other kind of Special Category Visa is made by Australia's social security and citizenship legislation. There is no distinction under the immigration laws.See also
- Trans-Tasman Travel ArrangementTrans-Tasman Travel ArrangementThe Trans-Tasman Travel Arrangement is an informal agreement between Australia and New Zealand to allow for the free movement of citizens of one nation to the other.- Treaty history :...
- Australian nationality lawAustralian nationality lawAustralian nationality law determines who is and who is not an Australian, and is based primarily on the principle of Jus soli. The status of Australian citizenship was created by the Nationality and Citizenship Act 1948 which received Royal Assent on 21 December 1948 and came into force on...
- New Zealand nationality lawNew Zealand nationality lawNew Zealand citizenship was created on 1 January 1949 by the British Nationality and New Zealand Citizenship Act 1948...
- Permanent Resident of Norfolk Island visaPermanent Resident of Norfolk Island visaA Permanent Resident of Norfolk Island visa is a type of Australian immigration visa granted on arrival in Australia to a non-citizen who is a permanent resident of Norfolk Island....
- Temporary protection visaTemporary protection visaA Temporary Protection Visa was an Australian visa document introduced by the Howard Government on 20 October 1999, which was issued to persons who had been recognised as refugees fleeing persecution. The scheme was controversial, with the government claiming it was a necessary response to the...