lynette

Thanks Jeremy this has been very useful - We had always intended to apply for PR once in OZ but we thought we would automatically get this. It shouldn't be a problem with the age. Once my husband gets a job, we'll have to try and get them to sponsor.
We know that we are able to work in Oz with an NZ passport but I'm now wondering about other things - can we claim child benefit or subsidies for nursery payments ? I've read the rules for the Centrelink Child Care Benefit on another thread. It states that NZ people should have a 'special category visa'. Anyone know what this is ?

Do you know whether we have been excluded from anything since 2001 ?

Can we still do medicare cover and if there is an Ozzie version of NI, will we contribute to this as per Ozzie citizens ?

Any help would be much appreciated.
Lynette.

nik

Hello again
There is loads of info on the special category visa on www.immi.gov.au - just search for New Zealanders and it comes up with all sorts of info and factsheets. As far as I have read, on entry, providing you don't have criminal convictions or medical conditions you automatically get granted a SCV. Not sure of the definition of medical conditions - I presume something expensive!

We returned from NZ in 2000 and I remember reading about the changes in 2001 back then - I think it was to stop kiwis going over and claiming benefits - when we were there there was a massive shift over to Oz as NZ wasn't doing as well. I think there is a two year period that you can't claim benefits unless you have PR.

I don't know about the other stuff such as medicare and like you would like to know as we are in the same position as you.

JAJ

Nothing automatic any more for New Zealand citizens.

Taking NZ citizenship was still a smart move - you've much more bargaining power with the employer than you would have as non-Kiwis. Because if the employer refuses to sponsor, you can look for another one who will.

If you are not keen to wait 2 years, you need to look to see if you can get a skill assessment as this is normally needed for immediate PR under ENS since April.

Or if you're going to an RSMS eligible area (basically anywhere other than in/near Sydney, Melbourne, Brisbane and Perth) then this is an easier alternative to get PR.

Depending on your skill profile and state of residence, STNI may still be an option. Or if you have enough points just apply onshore for the NZ citizen equivalent of the 136 visa (subclass 861) or the sponsored equivalents.


All New Zealanders get a special category visa, with the following exceptions:

- those who are also Australian citizens; and
- those who have permanent visas; and
- those who are covered by different visas, eg diplomats, transit passengers, visiting forces and Norfolk Island permanent residents.

The key issue is whether you get a *protected* special category visa or not. A protected SCV is equivalent to PR, and the requirements are explained at:
http://www.immi.gov.au/allforms/pdf/1162.pdf

Also look at http://www.nz-oz.gov.au


Certain welfare benefits are no longer available to NZ citizens who do not have PR, a protected SCV, or Australian citizenship:
http://www.centrelink.gov.au is your reference.

As NZ citizens without protected SCVs, you are excluded from a number of PR rights, such as sponsoring relatives for permanent residence. You also cannot become Australian citizens unless you get PR, and children born to NZ citizens with non-protected SCVs are not Australian citizens unless they live in Australia until age 10.



All NZ citizens living in Australia can access Medicare. There is no specific version of Australian NI, look at the Centrelink site mentioned above. NZ citizens have the same rights as Australians to accumulate superannuation.

One reason to pursue PR is uni fees when the children are older. NZ citizens are charged domestic fees, but these days only Australian citizens can access the fee discount/deferral schemes for Commonwealth supported places. So there's a real financial benefit to getting Australian PR and progressing to citizenship before the children reach that age.


Other advantages of getting citizenship include not having to worry about the children being deported if they get into trouble with the law as teenagers (many NZ citizens are deported from Australia for committing crimes), and the assurance that if they leave Australia to work overseas they are not vulnerable to any further restrictions in the immigration situation for NZ citizens.

Jeremy

nik

[QUOTE=JAJ]Nothing automatic any more for New Zealand citizens.


Thanks so much for this - it is really useful! Cheers

Nik

lynette

Jeremy,

This has been invaluable - thank you very much for sparing the time to write such a thorough response.

I'll read through the info later tonight.

A couple more questions you may be able to answer -
Do you know if it is mandatory to have PR before you apply for OZ citizenship. i.e if we lived there for a certain number of years, would we then we able to go straight for citizenship ? Was this the option that was removed in 2001 ?

We have British and New Zealand passports. By applying for OZ PR/citizenship would we then have to relinquish either of our other passports ?

Thanks again,
Lynette.

JAJ

It was one of the changes. It is mandatory now for an NZ citizen to get PR before being able to apply for citizenship, unless covered by the transitional rules which you can read about on form 1162. The transitional rules covered most (not all) NZ citizens in Australia at the time.

Another point to bear in mind is that you may not be able to count time on an SCV towards the 2 year wait for Australian citizenship. This is actually a complex point of citizenship law, and the proposed concessions on citizenship residence for those PRs previously on temporary visas might affect this if they become law. You should assume for now that the 2 year wait will only commence when your PR visas are granted, but do look into things further when you have 2 years total residence in Australia.

In other words, don't waste time sorting out your PR.

No - you can have all three without problems under current laws.


Jeremy