Lyla Lindsey
If you are a New Zealand citizen, you can visit, live and work in Australia without applying for a tourist or work visa. However, if you have a criminal conviction history, you may need to apply for a Special Category Visa (subclass 444) (SCV). Australian citizens do not need a Resident Return Visa and can travel in and out of Australia without any restrictions. If you are a permanent resident of Australia and you need to travel out of the country after the initial two-year period, you must apply for and be granted an RRV to be allowed to return.
| Characteristics | Values |
|---|---|
| Who can apply for an Australian Resident Return Visa (RRV)? | Former permanent residents of Australia whose permanent resident visa was not cancelled, or former Australians who lost or surrendered their Australian citizenship. |
| Who cannot apply for an RRV? | Current Australian citizens can travel in and out of Australia without any restrictions and do not need an RRV. |
| How long is the initial permanent resident visa valid for? | The initial permanent resident visa is issued with multiple-entry travel rights for two years. |
| What happens after the initial two-year period? | To travel out of Australia after the two-year period, you must apply for and be granted an RRV to be allowed to return to Australia. |
| What are the requirements for Australian citizenship? | To be lawfully present in Australia for four years, including 12 months as a permanent resident, immediately before the date of application. You cannot have been away from Australia for more than 12 months in total in the past 4 years, including no more than 90 days in total in the past 12 months. |
| When can NZ citizens apply for Australian citizenship? | From 1 July 2023, NZ citizens who have been living in Australia for 4 years or more are eligible to apply directly for Australian citizenship. |
| Do NZ citizens need a visa to enter Australia? | Most NZ citizens can visit, live, and work in Australia without applying for a tourist or work visa. However, NZ permanent residents need to apply for visas to Australia. |
| What if I have a criminal conviction history? | If you are a NZ citizen with a criminal conviction history, you may be considered a "Behaviour Concern Non-Citizen" and your eligibility for a Special Category Visa (subclass 444) may be impacted. |
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What You'll Learn
Criminal convictions and eligibility
Australia has strict rules regarding visas for individuals with prior criminal convictions. Any criminal convictions, no matter how minor or how long ago they were incurred, must be declared when applying for an Australian visa. Failure to declare a criminal conviction, even a minor one, could result in being denied entry, even if a visa is already obtained.
If the criminal convictions incurred a prison sentence (served or suspended) totalling more than 12 months, applicants will not be able to apply online for an ETA (eVisitor) visa. They will fail the character requirements and will have to supply further information to enable authorities to verify their character. The nature of the crime, the sentence served, and the applicant's change of lifestyle and rehabilitation all play a part in determining whether or not the visa is granted.
The time it takes to process the visa application will depend on the nature and severity of the offences and the length of the sentence. It typically takes at least 3 months but could be up to 12 months to obtain a decision on a visa.
If you are a New Zealand passport holder with criminal convictions, you must use a specific form when seeking to travel to Australia. This form will provide guidance on whether you may be considered a "behaviour concern non-citizen", which impacts your eligibility for a Special Category (subclass 444) visa (SCV). The decision to grant an SCV is made at the Australian border by a Border Force Officer when entering the country.
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Visa application process
The visa application process for returning to Australia depends on your citizenship status and the purpose of your visit. Here is a step-by-step guide:
For New Zealand Citizens:
New Zealand citizens visiting Australia: Most New Zealand citizens can enter Australia without a visa and are granted a Special Category Visa (subclass 444) upon arrival, provided they meet certain health and character requirements. This visa allows them to live and work in Australia indefinitely. However, if you have a criminal record, you may need to complete a different form and assess your eligibility for the SCV.
New Zealand citizens seeking Australian citizenship: From 1 July 2023, NZ citizens who have resided in Australia for at least four years can apply directly for Australian citizenship. The general residence requirement includes not being absent from Australia for more than 12 months in the past four years and not more than 90 days in the last year.
For Former Australian Permanent Residents:
If you are a former permanent resident of Australia and your visa was not cancelled, you may need to apply for a Resident Return Visa (RRV) if you wish to travel out of Australia and return after the initial two-year validity period of your first permanent resident visa.
For Skilled Workers:
If you are a skilled worker seeking to live and work in Australia, you may qualify for the Skilled Nominated (SC 190) visa or the SC 491 Skilled Work Regional Visa, which is points-based.
General Application Process:
Regardless of your specific visa type, the following steps outline the typical visa application process:
- Determine your eligibility for the desired visa by checking the Australian government's website or consulting an immigration specialist.
- Gather the required documents, which may include proof of identity, health and character certificates, and evidence of your claims.
- Complete the online visa application form or, for New Zealand citizens with criminal convictions, the online enquiry form.
- Submit your application and supporting documents through the ImmiAccount portal for efficient processing.
- Wait for the initial processing of your application, which begins at the Australian High Commission in Suva.
- If a character assessment is required, your application will be sent to the Visa Application Character Consideration Unit (VACCU) in Melbourne for further assessment.
- Depending on your situation, you may be granted a visa, or your application may be denied.
Please note that this is a general overview, and specific requirements may vary based on your unique circumstances. Always refer to official government sources for the most accurate and up-to-date information.
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Australian citizenship
There are several different routes to becoming an Australian citizen. The most common ways are:
- Applying for citizenship with permanent residence in Australia.
- Citizenship by descent—if at least one of your parents was an Australian citizen when you were born. This applies even if your parent has since changed their citizenship, as long as you were born outside of Australia.
- Citizenship on humanitarian grounds.
- Citizenship as a refugee.
There are some requirements that are generally applicable. Applicants must be over the age of 18, have passed a citizenship test (unless over the age of 60), and be permanent residents at the time of application and decision. They must also be likely to reside, or continue to reside, in Australia or maintain a close and continuing association with the country. There is a separate set of requirements for children.
The time it takes to process a citizenship application depends on individual circumstances. Applicants may be invited to sit the citizenship test or attend an interview. Once citizenship is granted, applicants can apply for an Australian passport through the Australian Passport Office, which is run by the Department of Foreign Affairs and Trade.
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Permanent resident visas
If you are a permanent resident of Australia and have been living outside of the country, you can apply for a Resident Return visa (RRV) to re-enter and maintain your permanent residency status. This visa is also available for former Australian citizens or permanent residents whose visas were not cancelled.
To be eligible for an RRV, you must have lived in Australia for at least two of the last five years. This time does not have to be consecutive, and you can accumulate the required 730 days over the five-year period before submitting your application. If you have not met this requirement, you may still be eligible for an RRV by demonstrating substantial ties to Australia, such as personal, business, or employment connections. Additionally, you must provide compelling reasons for your absence if you have been outside of Australia for more than three continuous months before applying.
The RRV allows you to freely travel to and from Australia for up to another five years. This visa does not affect your permanent residency status and merely renews your permission to travel. You can apply for an RRV online, and there is no limit to how often you can consecutively apply.
When returning to Australia, you must present a valid passport or travel document and your completed Incoming Passenger Card. It is important to check your visa's expiry date and conditions before travelling, as you will need a valid visa to re-enter the country.
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Travel requirements
If you are a New Zealand citizen, you can visit, live and work in Australia without applying for a tourist or work visa. You will be granted a Special Category Visa (subclass 444) (SCV) on arrival, which allows you to remain and work in Australia indefinitely. However, you must meet certain health and character requirements. If you have untreated tuberculosis, you will be considered a Health Concern Non-Citizen (HCNC) and will be asked to provide more information upon arrival. If you have a criminal conviction, you may be considered a "behaviour concern non-citizen" and your eligibility for an SCV may be impacted. In this case, you should fill out a form to receive guidance on your eligibility.
NZ permanent residents, on the other hand, do need to apply for visas to Australia. If you are a skilled worker wishing to live and work in Australia, you may qualify for a Skilled Nominated (SC 190) visa or an SC 491 Skilled Work Regional Visa. If you are planning to return to Australia with your partner, they may be able to apply for an Australian Partner Visa.
If you are a former permanent resident of Australia or a former Australian citizen, you will need to apply for a Resident Return Visa (RRV) to re-enter the country after the initial two-year period of your first permanent resident visa. This visa will grant you multi-entry travel rights to Australia.
For Australian citizenship, the general residence requirement states that an applicant must be lawfully present in Australia for four years, including 12 months as a permanent resident, immediately before the date of application. From 1 July 2023, NZ citizens who have been living in Australia for four years or more are eligible to apply directly for Australian citizenship.
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Frequently asked questions
Most New Zealand citizens can visit, live and work in Australia without applying for a tourist or work visa. They are granted a Special Category Visa (subclass 444) (SCV) on arrival in Australia, subject to meeting certain health and character requirements.
If you have a criminal conviction history, you may be considered a "behaviour concern non-citizen", which impacts your eligibility for a Special Category Visa (subclass 444) (SCV). You can fill out an online enquiry form to receive guidance on your eligibility.
From 1 July 2023, NZ citizens who have been living in Australia for four years or more are eligible to apply directly for Australian citizenship. To meet the general residence requirement, you must be lawfully present in Australia for four years, including 12 months as a permanent resident, immediately before the date of application.
