In the majority of cases, citizens of New Zealand do not need to apply for a visa to enter Australia, but are allocated a Special Category Australian Visa (subclass 444) once they have arrived in Australia. This Special Category Australian Visa is a temporary visa automatically granted to New Zealand citizens who arrive in Australia who do not already hold a permanent Australian visa. A  Special Category Australian Visa permits the holder to remain in Australia for an unlimited period of time, as long as the individual holds valid New Zealand citizenship status.

Requirements for a Special Category (subclass 444) Australian Visa:

You are eligible for a Special Category Australian Visa if you;

• hold a valid New Zealand passport,
• meet certain health and character requirements

Applying for a Special Category Australian Visa:

There is no specific application form you need to fill out to receive a Special Category Australian Visa.  When you enter Australia and present your New Zealand passport to an immigration clearance officer, you are considered to have automatically applied for a Special Category Australian Visa. If you satisfy all the requirements listed above, you will be automatically granted Special Category Australian Visa status. This will be recorded electronically and attracts no application fee.

Note that you will not be granted Special Category Visa status upon arrival in Australia if you have arrived on a passport other than your New Zealand passport (ie – if you are a dual citizen and entered Australia using your other passport).

If you obtain New Zealand citizenship status after your arrival in Australia and you would like Special Category Visa status, or, if you have entered Australia as a New Zealand citizen on another visa and you wish to remain in Australia as a Special Category Visa holder, you can obtain a Special Category Australian Visa through the Department of Immigration and Citizenship.

Refusal of a Special Category Australian Visa:

If Australian authorities deny you a Special Category Visa for any reason, you do not have the right to appeal this decision unless you had already been cleared by immigration authorities to enter Australia before you were refused Special Category Visa status. 

If you are refused a Special Category Visa you may still be eligible for a border visa, which you are able to apply for during the immigration clearance process. Border visas are granted in special circumstances and remain valid for a period of 30 days. If you are refused a Special Category Australia Visa and fail to obtain a border visa, you will not be cleared by Australian immigration clearance officials and you will be immediately removed from Australia.

Eligible New Zealand Citizens:

If you are a citizen of New Zealand, your rights in Australia are governed to a large degree by whether you are considered to be an ‘eligible’ New Zealand citizen.

You are an ‘eligible’ New Zealand citizen if you;

• resided in Australia as the holder of a Special Category Visa for a total period of more than 12 months during the two years immediately preceding 26 February 2001
• hold a certificate issued under the Social Security Act 1991 which documents that you were residing in Australia on that date

If you are an ‘eligible’ New Zealand citizen according to the above description, then you will generally be entitled to all of the associated benefits of permanent Australian residency.

Citizens of New Zealand who arrived in Australia under a Special Category Visa after 26 February 2001 are not entitled to the benefits associated with permanent Australian residency.

Entitlements of a Special Category Australian Visa:

If you are in Australia on a Special Category Visa, you are entitled to work while you are in Australia regardless of whether or not you are an ‘eligible’ New Zealand citizen. You are also entitled to Australian Medicare benefits while you are in Australia.

If you are an ‘eligible’ New Zealand citizen, then you may also be entitled to social security benefits in Australia if you satisfy the relevant criteria. If you are not an ‘eligible’ New Zealand citizen, then in most cases you will not be entitled to Australia social security benefits. Some payments may still be available to you.

Sponsoring Others for an Australian Visa:

You can only sponsor other individuals for migration to Australia if you are an ‘eligible’ New Zealand citizen (see above description). You cannot sponsor family members to Australia if you are not an ‘eligible’ New Zealand citizen, even if you hold a Special Category Visa.

If you are an eligible New Zealand citizen, you may sponsor family members to reside in Australia if you are ‘usually resident’ in Australia, you meet the ‘health’ test, and the applicant you wish to sponsor meets all requirements of the particular visa being applied for.

Cancellation of a Special Category Australian Visa:

Australian immigration authorities hold the power to cancel a Special Category Australian Visa in the same way as any other Australian visa. Citizens of New Zealand who have resided in Australia for a period less than 10 years may be deported if they commit any crime in Australia which results in imprisonment for 12 months or more, or if they are considered by authorities to present a security risk.

Note that if you have any visa refused or cancelled on character grounds, or if you are deported for reasons of criminal behavior or because you are considered a security risk, then you are banned from returning to Australia at any time in the future.

If you have a Special Category Visa cancelled for any reason, it is imperative that you seek advice from an Australian Immigration Lawyer as soon as possible. They will be able to explain to you why your Special Category Australian Visa was cancelled, as well as determine if there are any alternative visa options available to you.

Bringing Family to Australia on a Special Category Australian Visa:

If you hold a Special Category Visa in Australia and you have family members who are citizens of New Zealand, they can also enter and remain in Australia on a Special Category Visa.

If you hold a Special Category Visa in Australia, but your family members are not citizens of New Zealand, they are still able to apply for a New Zealand Citizen Family Relationship (subclass 461) temporary visa. This visa is suitable for the family members of a New Zealand citizen currently residing in Australia on a Special Category Visa, or, a New Zealand citizen residing outside Australia but who will be entering Australia on a Special Category Visa together with their family member(s).

Note that ‘family member’ generally indicates a spouse, a dependent child and in some circumstances a dependant relative.

A Subclass 461 visa remains valid for a period of 5 years, and entitles the holder to full work rights whilst they are in Australia. When the Subclass 461 visa expires, family members are entitled to apply for another Subclass 461 visa. Family members wanting to apply for a Subclass 461 visa will need to file an official application with the Department of Immigration and Citizenship, this visa cannot be granted during the immigration clearance process.

Becoming an Australian Citizen:

If you are an ‘eligible’ New Zealand citizen, you are entitled to apply for Australian citizenship.

If you are not an ‘eligible’ New Zealand citizen, but are in Australia on a Special Category Visa , then you are not entitled to apply for Australian citizenship.