Do we qualify for a Protected SCV
Nov 17th 2019, 6:28 am
#1
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Thread Starter
Joined: Nov 2019
Posts: 1
Do we qualify for a Protected SCV
Hi I have searched the forums but not found any real understanding of the Protected SCV or if its applicable to our circumstances so please bear with this longish detail of our background.
My husband of 18 years is a New Zealand Citizen and when he was 15 years of age (1988) his mother split from his father and moved to Australia. He spent the next 10 years of his life in Australia (with occasional trips to NZ) and has a Medicare card to verify that. He then went to study abroad when he was 24 in 1998 where he met me. We both lived abroad but interestingly he was back in Australia between December 2000 and March 2001 (the key dates for protected SCV as I understand).
We have decided to move back to Australia permanently as a family with our two daughters (who have NZ citizenship due to his nationality, I’m American and we have never lived in NZ therefore I don’t qualify for a NZ passport) as Australia is where his family are.
He moved back to Australia permanently in Jan 2018 in advance of myself who had to get a Spousal 461 visa. As he and the Children are ok even on the unprotected SCV, I have been looking into if he qualified for a protected SCV as that would now enable him to gain citizenship. This is quite important as my Spousal 461 visa is only a temporary visa and due to his age he could never get PR. Whereas if he did qualify for a protected SCV and therefore citizenship we would apply for a spousal permanent residence for me.
Thanks for reading this far and I would be grateful for any insight as it would appear that he would qualify for a Protected SCV and citizenship, but as I’m a layperson would like to know with more certainty before we start the processes for citizenship and spousal visas.
My husband of 18 years is a New Zealand Citizen and when he was 15 years of age (1988) his mother split from his father and moved to Australia. He spent the next 10 years of his life in Australia (with occasional trips to NZ) and has a Medicare card to verify that. He then went to study abroad when he was 24 in 1998 where he met me. We both lived abroad but interestingly he was back in Australia between December 2000 and March 2001 (the key dates for protected SCV as I understand).
We have decided to move back to Australia permanently as a family with our two daughters (who have NZ citizenship due to his nationality, I’m American and we have never lived in NZ therefore I don’t qualify for a NZ passport) as Australia is where his family are.
He moved back to Australia permanently in Jan 2018 in advance of myself who had to get a Spousal 461 visa. As he and the Children are ok even on the unprotected SCV, I have been looking into if he qualified for a protected SCV as that would now enable him to gain citizenship. This is quite important as my Spousal 461 visa is only a temporary visa and due to his age he could never get PR. Whereas if he did qualify for a protected SCV and therefore citizenship we would apply for a spousal permanent residence for me.
Thanks for reading this far and I would be grateful for any insight as it would appear that he would qualify for a Protected SCV and citizenship, but as I’m a layperson would like to know with more certainty before we start the processes for citizenship and spousal visas.
Nov 20th 2019, 9:57 pm
#2
Forum Regular
Joined: Apr 2018
Location: London and Brisbane
Posts: 181
Re: Do we qualify for a Protected SCV
The status of “Eligible New Zealand Citizen” (ENZC) under migration law does come from being a protected SCV holder. This is defined by the Social Security Act not The Migration Act. Your husband should therefore approach Centrelink who can confirm his status and issue a certificate of it. Be aware that:
- his status as an ENZC is what defines your eligibility, rather than whether he gains citizenship
- if he is an ENZC you are no longer eligible to apply for a subclass 461 visa and you must apply for a partner visa
- if he is not then you would only be eligible for the 461 visa
In summary, New Zealanders are ENZCs if they were in Australia on 26 February 2001 on an SCV, or in Australia for 12 months in the two years before 26 February 2001, or if they otherwise provide written evidence from Centrelink (including the old certificates) to confirm that they are ‘protected SCV holders’.
- his status as an ENZC is what defines your eligibility, rather than whether he gains citizenship
- if he is an ENZC you are no longer eligible to apply for a subclass 461 visa and you must apply for a partner visa
- if he is not then you would only be eligible for the 461 visa
In summary, New Zealanders are ENZCs if they were in Australia on 26 February 2001 on an SCV, or in Australia for 12 months in the two years before 26 February 2001, or if they otherwise provide written evidence from Centrelink (including the old certificates) to confirm that they are ‘protected SCV holders’.
Nov 21st 2019, 4:12 am
#3
Concierge
Joined: Jan 2013
Location: Western Australia
Posts: 21,139
Re: Do we qualify for a Protected SCV
The status of “Eligible New Zealand Citizen” (ENZC) under migration law does come from being a protected SCV holder. This is defined by the Social Security Act not The Migration Act. Your husband should therefore approach Centrelink who can confirm his status and issue a certificate of it. Be aware that:
- his status as an ENZC is what defines your eligibility, rather than whether he gains citizenship
- if he is an ENZC you are no longer eligible to apply for a subclass 461 visa and you must apply for a partner visa
- if he is not then you would only be eligible for the 461 visa
In summary, New Zealanders are ENZCs if they were in Australia on 26 February 2001 on an SCV, or in Australia for 12 months in the two years before 26 February 2001, or if they otherwise provide written evidence from Centrelink (including the old certificates) to confirm that they are ‘protected SCV holders’.
- his status as an ENZC is what defines your eligibility, rather than whether he gains citizenship
- if he is an ENZC you are no longer eligible to apply for a subclass 461 visa and you must apply for a partner visa
- if he is not then you would only be eligible for the 461 visa
In summary, New Zealanders are ENZCs if they were in Australia on 26 February 2001 on an SCV, or in Australia for 12 months in the two years before 26 February 2001, or if they otherwise provide written evidence from Centrelink (including the old certificates) to confirm that they are ‘protected SCV holders’.
