Виза специальной категории (SCV) для новозеландцев в Австралии: права и статус.

A Special Category Visa (SCV) is an Australian visa category (subclass 444) granted to most New Zealand citizens on arrival in Australia, enabling them to visit, study, stay and work in Australia indefinitely under the Trans Tasman Travel Arrangement. Currently, there are two categories of SCVs: protected SCV and as non protected SCV. New Zealanders who had entered Australia before 26 February 2001 are classified as protected SCV holders, and after that date as non protected SCV holders. The rights of the two categories are somewhat different.

In 2001, Australia introduced a number of changes in the rights of SCV holders. New Zealanders who enter Australia after 26 February 2001, remain in Australia to live and work indefinitely are classed as non protected SCV holders. They have restricted access to social security benefits; e. g. they are eligible for a one off 6 month unemployment benefit after 10 years of residence under the current rules. They are also required to apply for and obtain Australian permanent resident status before becoming eligible for Australian citizenship. During the COVID 19 pandemic in Australia, many SCV holders were ineligible to access Centrelink payments, prompting many to return to New Zealand. On 30 March 2020, Australian Prime Minister Scott Morrison announced that Special Category Visa holders would be eligible for AU$1,500 fortnightly payments as hardship assistance following negotiations with New Zealand Prime Minister Jacinda Ardern. In early July 2022, Australian Prime Minister Anthony Albanese confirmed that SCV holders would be eligible for flood relief assistance following the 2022 New South Wales floods. This flood relief assistance consists of a one off means tested payment of A$1,000 for adults and A$400 for children. Ardern welcomed this development as a positive step in Australian New Zealand bilateral relations.

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 not treated as permanent residents for the purpose of some Australian legislation. Even in federal migration and citizenship law, there is no standard definition of the term and SCV holders are treated inconsistently. Section 204 of the Migration Act 1958 includes all SCV holders within the definition of 'permanent resident' on the basis they are 'not subject to any limitation as to time imposed by law'. The Migration Regulations 1994 exclude all SCV holders from the definition of 'Australian permanent resident', including only permanent visa holders within the definition. The Australian Citizenship Act 2007 empowers the relevant Minister to declare by legislative instrument whether SCV holders are permanent residents for the purpose of the Act. The current legislative instrument includes some SCV holders, while excluding others.

New Zealand citizens who entered Australia before 1 September 1994 (regardless of the purpose of entry) are considered "former Australian permanent residents", and eligible to apply for a Resident Return Visa (RRV). An RRV can be issued to former Australian permanent residents who wish to restore their permanent residence status. Applicants must demonstrate 'substantial ties of benefit to Australia' and give compelling reasons for any continuous absences of 5 years or more (since their last stay in Australia as a permanent resident, i. e. as a New Zealand citizen entering before 1 September 1994). In the absence of a RRV, the New Zealand citizen will be taken it have made of new entry into Australia.