Australian Citizenship (Permanent Resident) Amendment Determination (LIN 23/024) 2023, dated 31 May 2023 amends the Australian Citizenship (Permanent Resident) Determination (LIN 22/103) 2022 with the purpose to extend permanent resident status to all New Zealand citizens who hold an SCV and to backdate permanent resident status for existing SCV holders.
The purpose of the instrument is to determine New Zealand citizens who hold or have held a special category visa (SCV) and have satisfied specific requirements to be permanent residents for the purposes of the Act. The instrument removes the requirement for an SCV holder to also be a ‘protected SCV holder’ within the meaning of the Social Security Act 1991.
Paragraph 5(1)(c) of the Citizenship Act provides that a person is a permanent resident at a particular time if the person is covered by a determination in force under subsection 5(2) at the time.
Subsection 5(2) of the Citizenship Act provides that the Minister may, by legislative instrument, determine that:
- persons who hold an SCV or a special purpose visa; or
- persons who have held an SCV; or
- persons who are present in Norfolk Island or the Territory of Cocos (Keeling) Islands;
and who satisfy specified requirements are, or are during a specified period, persons to whom subsection 5(2) applies.
Under the new instrument (LIN 23/024) 2023):
Subsection 5(2) applies to New Zealand Citizen who hold a special category visa and who has held a special category visa and is outside of Australia but not because the person was removed or deported from Australia under the Migration Act 1958; immediately before last leaving Australia, was the holder of a special category visa; or a special purpose visa taken to have been granted on the basis of the person’s status as an airline crew member or an airline positioning crew member and such person is
- taken to have become a permanent resident on 1 July 2022 if the person was granted a special category visa before 1 July 2022;
- is taken to have become a permanent resident on the day between 1 July 2022 and 30 June 2023 when the person was granted a special category visa for the first time;
- a permanent resident if the person is granted a special category visa on or after 1 July 2023
The above arrangements do not apply to a person who is in Australia as a diplomatic or consular representative of NZ or is the spouse or dependent child of a diplomatic or consular representative of NZ.
The instrument is registered on the Federal Register of Legislation on 2 June 2023 and will commence on 1 July 2023.
To access the instrument, click here.
