Section 164A — Purpose of Special Category visa
Text of provision
In this Division: Commonwealth aircraft has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999. Commonwealth ship has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999. enforcement visa (environment matters) means an enforcement visa that is granted by section 164BA. enforcement visa (fisheries matters) means an enforcement visa that is granted by section 164B. environment detention means detention under Schedule 1 to the Environment Protection and Biodiversity Conservation Act 1999. fisheries detention means detention under:
(a) Schedule 1A to the Fisheries Management Act 1991; or
(b) Schedule 2 to the Torres Strait Fisheries Act 1984.
Plain English
Section 164A provides that the purpose of the Special Category visa is to permit New Zealand citizens who satisfy the criteria for such a visa to remain in Australia. New Zealand citizens who arrive in Australia on a valid NZ passport are generally granted a Subclass 444 (Special Category) visa automatically on entry under the Trans-Tasman Travel Arrangement.
Practical effect
The Subclass 444 visa is temporary but indefinitely renewable — New Zealand citizens can remain in Australia as long as they continue to hold a valid NZ passport and are not excluded by character or other grounds. However, SCV holders do not have automatic access to most social security benefits or a pathway to Australian citizenship (unless they became protected SCV holders before 2001 or later applied under the New Zealand Stream of the skilled migration program). New Zealand citizens wishing to become Australian permanent residents must apply through the general skilled migration or other programs.