Stay informed about the latest updates in migration policies. In this article, we bring you important information regarding the Australian Citizenship (Permanent Resident) Amendment Determination 2023 and the inclusion of the Australia-United Kingdom Free Trade Agreement (Aust-UKFTA) in the Labour Market Testing (LMT) concessions.
Australian Citizenship (Permanent Resident) Amendment Determination 2023:
The recent amendment, please find it here, modifies the previous Australian Citizenship (Permanent Resident) Determination (LIN 22/103) from 2022. The main objective is to extend permanent residency opportunities to New Zealand citizens holding Subclass 444 Special Category Visas (SCV). Furthermore, in specific circumstances, the general twelve-month permanent residency requirement for eligibility to apply for Australian citizenship can be backdated. As a result, some NZ citizens may be eligible to apply for Australian citizenship as early as 1 July 2023.
Streamlined Eligibility for NZ Citizens:
Under subsection 5(2) of the Citizenship Act, an SCV holder who satisfies the requirements is considered an Australian permanent resident.
The following conditions determine the date of grant of permanent residency:
- If the SCV was granted before 1 July 2022, the date of permanent residency is set as 1 July 2022.
- If the SCV was granted for the first time between 1 July 2022 and 30 June 2023, the date of permanent residency is the same as the date of the SCV grant.
- If the SCV is granted on or after 1 July 2023, the date of permanent residency coincides with the date of the SCV grant.
- Benefits for Children and Former SCV Holders:
- Children born in Australia to parents holding SCVs during the relevant period are considered Australian citizens at birth under para 12(1)(a) of the Citizenship Act.
Additionally, subsection 5(2) applies to NZ citizens who were former holders of an SCV or an SCV granted based on their status as an airline crew member or an airline positioning crew member, provided they have not been removed or deported from Australia.
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Date of grant |
Date when Permanent Residency was granted |
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1 July 2022 |
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Exemptions for NZ Diplomatic or Consular Representatives:
The aforementioned arrangements do not extend to individuals in Australia as diplomatic or consular representatives of New Zealand or their spouses and dependent children.
Aust-UKFTA Inclusion in ITO Instrument:
As of 31 May 2023, the Labour Market Testing concessions under the Aust-UKFTA have come into effect.
This change is a result of the Migration (International trade obligations relating to labour market testing – Australia-United Kingdom Free Trade Agreement) Amendment Determination 2022 – LIN 22/098 – F2022L01494, which adds the Aust-UKFTA to the list of International Trade Obligations (ITOs) in the existing instrument, LIN 21/075.
Conclusion
The recent Australian Citizenship (Permanent Resident) Amendment Determination 2023 and the inclusion of the Australia-United Kingdom Free Trade Agreement (Aust-UKFTA) in the Labour Market Testing (LMT) concessions offer new opportunities and streamlined eligibility for New Zealand citizens. NB Migration Law offers expert advice on permanent visas and the process for NZ Citizens aiming for Australian Citizenship.
Take advantage of the recent amendments, such as the extension of permanent residency and streamlined eligibility, to make your migration aspirations a reality.