KIWIS TO KEEPERS:New Zealanders and Permanent Residency in Australia

1. KIWIS TO KEEPERS: New Zealanders and Permanent Residency in Australia

2. For the first time in 21 years, there is a real glimmer of hope on the pathway to citizenship for New Zealanders who have lived in Australia for most of their lives. New Zealand Prime Minister Jacinda Ardern and Prime Minister Anthony Albanese have signalled progress toward resolving what has become a key sore point over Australia’s treatment of New Zealand citizens. By Anzac Day next year, New Zealanders may benefit from voting rights, a faster pathway to citizenship, and increased protections against deportation. Introduction

3. Currently, New Zealanders are the largest single group of temporary visa holders in Australia. There are many people who have lived in Australia for numerous years, establishing a home, a family, an overall community, and a sense of belonging all while being barred from Australian citizenship and forced to live under a ‘temporary’ status.

4. Elsbeth Wood is one such individual. She owns a home and is involved in the community yet has not been able to vote nor is she eligible for support if things go wrong. Elsbeth is just one example of a New Zealander who is by most accounts ‘Australian,’ yet is denied the rights and benefits that an Australian citizen would otherwise be granted.

5. Section 501 of the Migration Act 1958 enables the Australian government to cancel visas of non-citizens based on character concerns, criminal convictions, and general danger to the Australian community. The previous government had a tough stance on deportation, with 166 New Zealanders deported in 2021. Australia acted upon New Zealanders who fell under the 501 policy, even though they had spent most of their lives in Australia. The lack of a pathway to citizenship, even in blatantly obvious or “common-sense” cases, has seen people deported back to New Zealand despite having spent most of their lives in Australia.

6. Despite the hard-line stance of the government in 2021, the changes discussed by Albanese and Ardern indicate that it will be easier for New Zealanders in Australia to vote in elections and become citizens. Albanese states that Australia is committed to taking a “common-sense” approach to remove the roadblocks on the pathway to citizenship for New Zealanders, but what does this really mean?

7. Overall, visa cancellations will continue to exist. However, when someone has lived their entire life in Australia with little or no connection to New Zealand it will no longer brushed aside with nonchalance. New Zealander’s who have lived here their entire lives and developed strong community ties will finally be able to call Australia home.

8. This blog provides general information and is not intended as legal advice specific to your circumstances. Please feel free to seek our professional legal advice if you have any questions, concerns, and/or queries. Contact immigration lawyers Australia for further VISA backlog information.