jimmyoz2010

Just thought it might be of interest to kiwi's on a SCV.

from http://www.nzherald.co.nz/trade/news...ectid=10705670

"Gillard also showed concern for expatriate New Zealanders during the floods, who were unable to receive an emergency federal relief payment because of their lack of resident status under the 2001 social security agreement.

After approaches from the High Commission in Canberra, Gillard ensured the payments became available, even if on an ex-gratia basis.

During her visit Gillard will be asked to place the issue on a permanent agenda, reviewing a range of anomalies that affect long-term expatriates, including lack of access to dole and welfare payments on the loss of employment."

Also a sample letter you can send to your MP regarding rights of SCV holders can be found at http://www.specialcategoryvisa.com/s...ter-to-mp.html

jimmyoz2010

Just in case anyone finds this it seems this story came to nothing there were no reports of any changes to SCV holders while Julia Gillard visited New Zealand.

Jim

Buzzy--Bee

I'd be surprised if there were any changes while almost 1000 Kiwis a week are emigrating to Australia based on the current temporary visa on offer.

BB

misstcrisp

Hi jimmyoz2010,

Just wanted to say thanks for your posting's about this issue. I came across it on google and found it quite interesting. I have a question and I was hoping you might be able to help me with. Can the legislation regarding this be overturned in some political way?

misstcrisp

If you can help please get back thanks Jimmy

JAJ

If the Australian House of Representatives and Senate decide so, then yes.

misstcrisp

Cheers thanks JAJ I will have to look into that

JAJ

Look into it? There is nothing you can do other than keep watch on Australian immigration developments and see if Australia changes its mind on access to permanent residence for long time New Zealanders.

Those New Zealanders unhappy with SCV status ought to realize that the SCV constitutes a privilege rather than a discrimination. No New Zealander is forced to accept an SCV if they qualify for a more favorable visa.

misstcrisp

Yes and thank you Jaj for your opinion on this, but unless you've been through a major disaster yourself and being ineligible for any help.. which is not included the govt legis.. than there is really not much to be said. But thanks for your statement very much appreciated.

jimmyoz2010

Misstcrisp please read this article

http://www.centrelink.gov.au/internet/internet.nsf/filestores/em009_110225/$file/em009_110225en.pdf

http://www.smh.com.au/opinion/societ...225-1b8jk.html

JAJ I am sorry you are offended by people standing up for there human rights, racial discrimination is ugly in all it's forms.

Just to be clear I am not calling you raciest just ill informed.


Article 26: International Covenant on Civil and Political Rights (ratified by Australia – i.e.: legally binding)



All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.


- as described by the Committee on Economic, Social ,and Cultural rights in [37] of General Comment 19, The Right To Social Security E/C.12/GC/19:



37. Non-nationals should be able to access non-contributory schemes for income support, affordable access to health care and family support. Any restrictions, including a qualification period, must be proportionate and reasonable.

jimmyoz2010

The definition of Permanent Resident under citizenship Act and be changed by legislative instrument by the minister, it would not have to go to house of Reps and senate.

misstcrisp

Thanks jimmy that's why we need your expertise

Pollyana

Just a couple of points - there are many many temporary residents in Australia affected by the recent floods and cyclones who are not eligible for relief because of their "temporary" visa status, it is not just New Zealanders being singled out. Jeremy has many years of professional experience on this kind of topic and you'd be wise not to dismiss his info just because you believe he hasn't been affected by a disaster (and for all any of us know, he could have been).
I don't see on what grounds JimmyOz2010 can make the statement

when all JAJ has been doing is stating facts.

However, if you, Jimmy, do have expertise in this field, and are able to get the definition of "permanent resident" changed then I'm sure there are a lot of people in Australia who would be grateful, so please let us know if you make any progress in this direction.

jimmyoz2010

Sorry the issue is getting clouded here, I want to clear up a few things.

NZer's do now have access to disaster relief (see http://www.centrelink.gov.au/internet/internet.nsf/filestores/em009_110225/$file/em009_110225en.pdf )

NZer's are only technically temporary residents (We can live here forever)

NZer's live here because of the trans Tasman travel agreement and should be treated the same as all other permanently residing non citizens (under international law - which Australia has signed)

New Zealand can not make equivalent changes for Australians in NZ even if they wanted to because it would be a breach of the human rights act.

The point I was making about citizenship was that if they wanted to change status of NZer's for citizenship the minister could by changing the legislative instrument (The changes on 26/2/2001 for citizenship did not go through Parliament just a stroke of the pen by the minister)

I don't want a argument I just want to inform.

James Cameron

Buzzy--Bee

I think you should stick to making amazing oscar winning feature films mate, immigration law isn't your style....

BB