Special category visa

A Special Category Visa is a type of Australian visa granted to most New Zealand citizens on arrival in Australia. New Zealand Citizens may then reside in Australia indefinitely under the Trans-Tasman Travel Arrangement.

The Special Category Visa was introduced on 1 September 1994 by the Migration Regulations 1994. It is known as a subclass 444 visa. Prior to 1 September 1994, New Zealanders were generally treated as exempt non citizens in Australia.

Most New Zealanders are eligible for a Special Category Visa (SCV) except:

The SCV is granted upon arrival to Australia. Unlike other non-citizens, New Zealanders do not require a visa before travelling to Australia. New Zealanders arriving in Australia are not told they have a visa and ordinarily their passports are not stamped. The SCV ceases when its holder departs Australia for any reason, but a new SCV is granted on return.

The SCV is technically classified as a temporary visa, despite its holders residence in Australia not being subject to any limitation as to time imposed by law.

Until 26 February 2001, SCV holders were generally treated the same as permanent visa holders; An SCV obtained on or prior to this date is classified as a 'Protected SCV' meaning the holder is eligible to most social security benefits without restriction. Beginning in 2001, Australia has introduced a number of laws that have dramatically changed the rights of SCV holders. Now, individuals who enter Australia after 26 February 2001 remain in Australia to live and work indefinitely are classed as a 'non-protected SCV' holder and have restricted access to social security benefits on this visa; e.g. A non-protected SCV holder that arrived post 2001 are eligible for a one-off 6 month unemployment benefit after 10 years of residence under the current rules April 2017, whereas a protected SCV holder retains the same rights as and definition of a permanent resident.

The changes in 2001 have resulted in two classes of SCV holders; those that arrived on or before the 2001 announcement (classed as protected-SCV) and those that arrived after (non-protected SCV).

Protected SCV holders are still eligible to apply for citizenship; they are automatically entitled to do so provided they meet character and health requirements; without first having to apply for permanent residency like a non-protected SCV holder.

SCV holders fit the commonly understood meaning of the term 'permanent resident' as they are entitled to live in Australia indefinitely, in much the same way as an Australian citizen or a permanent visa holder. However, they are excluded from definitions of this term in some Australian legislation.

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