Special Category Visa

The Special Category Visa (SCV) subclass 444 is a temporary visa granted automatically to New Zealand citizens upon arrival in Australia. It allows indefinite stay, work, and study in Australia as long as you remain a New Zealand citizen and do not leave the country. The visa is free to obtain and does not expire while you remain in Australia, though it ceases immediately upon departure.

The SCV is not a permanent visa—it does not confer permanent residency status for social security or government benefits purposes (though from 1 July 2023, it counts toward permanent residency for citizenship eligibility). It is the primary mechanism through which New Zealand citizens enter and reside in Australia under the Trans-Tasman Travel Arrangement.

Your classification determines your access to social security benefits and government services:

Protected SCV Holders have access to:

• Most social security benefits without restriction
• National Disability Insurance Scheme (NDIS)
• Youth allowance
• Austudy
• Direct pathway to Australian citizenship

Non-Protected SCV Holders (arrived after 26 February 2001) have access to:

• Medicare (under the Reciprocal Health Care Agreement with New Zealand)
• Family assistance payments
• Rent assistance
• Age pension
• Disability pension or carer payment
• Student loans
• Direct pathway to Australian citizenship (from 1 July 2023)

However, non-protected holders cannot vote in elections, do not automatically qualify for some social security benefits, and cannot access university student loans (HECS-HELP) unless they meet specific residency requirements or become permanent residents.

A major reform effective 1 July 2023 created a direct pathway to Australian citizenship for eligible SCV holders:

Removal of Permanent Residency Requirement: You can now apply directly for Australian citizenship without first obtaining permanent residency. Previously, non-protected SCV holders were required to obtain permanent residency first.

Permanent Residence for Citizenship Purposes: All SCV holders are now considered permanent residents for citizenship purposes only. This is a legal fiction for citizenship eligibility and does not confer permanent residency status for social security or other purposes.

Backdating of Permanent Residence:

• If you were granted an SCV for the first time on or after 1 July 2022, you are considered a permanent resident for citizenship purposes from your SCV grant date.
• If you were granted an SCV before 1 July 2022, your period of permanent residence for citizenship purposes is backdated to 1 July 2022.

Citizenship Eligibility Requirements: To apply for Australian citizenship as an SCV holder, you must:

• Be lawfully present in Australia for four years, including 12 months as a permanent resident, immediately before the date of application
• Be in Australia when the application is being decided
• Intend to live in Australia or maintain a lasting link with Australia while overseas
• Meet character and health requirements
• Pass the citizenship test (assessing English language skills and knowledge of Australia)

Absences: You can be away from Australia for some of the 4-year period: no more than 12 months in total in the past 4 years, including no more than 90 days in total in the past 12 months.

Children Under 16: Children under 16 do not need to meet residence rules but must be permanent residents.

Duration: The visa starts on the date it is granted and ceases on the date you leave Australia. There is no fixed expiry date while you remain in Australia. As long as you remain a New Zealand citizen and do not leave Australia, the visa remains valid indefinitely.

Ceasing of Visa: The visa ceases if you:

• Leave Australia
• Are granted a permanent visa
• Become an Australian citizen
• Have your visa cancelled by the Department

Re-entry: If you leave Australia, your visa ceases immediately. You must apply for a new SCV if you want to enter Australia again. You cannot travel outside Australia and return on the same SCV.

Maintain New Zealand Citizenship: You must remain a New Zealand citizen. If your citizenship status changes and you are no longer a New Zealand citizen, your SCV will cease. You must notify the Department if your citizenship changes (other than becoming an Australian citizen).

Obey Australian Laws: You must obey Australian laws while in Australia.

Maintain Character: You must continue to meet character requirements. The Department may cancel your SCV if you fail to meet character requirements, including serious criminal conduct. Under Section 501 of the Migration Act 1958, the Department can cancel your visa if you are convicted of a crime resulting in a sentence of imprisonment for at least one year.

• Work Rights: You have unrestricted access to the Australian workforce and are protected by Australia's workplace law.

• Study Rights: You can enrol in and attend educational institutions in Australia.

• Residence: You can live in Australia indefinitely while you remain a New Zealand citizen and do not leave the country.

• Property Ownership: You can buy property in Australia.

• Healthcare: You may be entitled to Medicare under the Reciprocal Health Care Agreement between Australia and New Zealand. The Department recommends taking out health insurance to cover unforeseen medical treatment, as you may be liable for your own healthcare costs.

• Social Security Benefits: Entitlements vary based on whether you are a protected or non-protected SCV holder (see Protected and Non-Protected SCV Holders section above).

• Family Sponsorship: If you are a protected SCV holder, you can sponsor family members for Australian permanent visas without needing to become a permanent visa holder first. Once you become an Australian citizen, you can sponsor family members for Australian permanent visas.

• Path to Citizenship: From 1 July 2023, you can apply directly for Australian citizenship after four years of residence in Australia.

• Limitations: You cannot vote in federal elections or referendums. You do not automatically qualify for some social security benefits. You cannot access university student loans (HECS-HELP) unless you meet specific residency requirements or become a permanent resident. You cannot undertake ongoing work with the Australian Government.