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Brisbane.Lawyer
Brisbane.Lawyer, Solicitor
Category: Australia Law
Satisfied Customers: 1601
Experience:  Lawyer of the Federal and High Courts of Australia; Lawyer of the Supreme Court of Qld
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My name is an I've been trying to do my citizenship but im

Customer Question

Hi my name is ***** ***** I've been trying to do my citizenship but im not getting anywhere cause no one wants to give me the right information can you help me please. .
Submitted: 1 year ago.
Category: Australia Law
Customer: replied 1 year ago.
Im from New Zealand an im 47 already running out of time
Expert:  Brisbane.Lawyer replied 1 year ago.

Hi Christine,

Can you please tell me whether you are currently living in WA, under a SCV - Special Category Visa, or as a permanent resident?

Kind regards,

James

Customer: replied 1 year ago.
I've been trying to get permanent residence. Not on special visa been here since 2004..
Expert:  Brisbane.Lawyer replied 1 year ago.

Were you living (even if temporarily) in Australia at anytime prior to 2004?

Note that if you were living in Australia prior to 26 February 2001, you may already be a permanent resident.

If you are a NZ citizen living in Australia, then your passport will be stamped with a SCV upon your arrival in Australia... even though you have said you are not on a SCV, my assumption is that if you look at your passport you will find that you are in fact automatically on a SCV for NZ Citizens in Australia.

What have you done to obtain permanent residency? what specific difficulty have you encountered?

Please advise, kind regards, James

Customer: replied 1 year ago.
I have tryed to obtain my permanent residency but Australian office will not tell me what papers i need to get done ...
Customer: replied 1 year ago.
I just remember i did applyed on line with immigration filled out papers for citizen resistance an payed $160 for it an nothing come of it ..
Expert:  Brisbane.Lawyer replied 1 year ago.

You stated above that you do not currently hold a SCV - Special Category Visa...

Most New Zealand citizens who enter Australia on a New Zealand passport do so under the Trans-Tasman Travel Arrangement. New Zealand citizens who enter Australia under this arrangement do not have to apply for a visa before travelling. They are granted a Special Category visa (subclass 444) (SCV) on arrival in Australia, subject to meeting certain health and character requirements.

if you do not have a SCV, then which temporary visa are you currently on?

We need to determine you current temporary visa status before we proceed any further.

Assuming you are actually on a SCV, but just were not aware of it.. then in order to apply for one of the 18 classed of Permanent Resident Visa's that apply to NZ's...

Permanent Residency Visa for NZ Citizens

You MUST have one of the 18 permanent residency visa's that apply to NZ citizens (before you can apply for Australian Citizenship). In order to obtain one of these PR visa's you MUST meet the legislative requirements.

Not all NZ Citizens will meet the requirement for a PR Visa

The Australian Government does however acknowledge that not all New Zealand citizens will meet, or continue to meet the legislated requirements to be granted a permanent visa.

Here is a search showing 26 visa types that may apply to you as a NZ Citizen seeking to live in Australia permanently... we note the SCV (sub-class 444) allows you to live in Australia permanently, but is only a temporary class visa...

Please look at this list in detail, and let me know which visa types you think apply to you.

http://www.border.gov.au/Trav/Visa-1/visa-finder?Purpose=Live+in+Australia&Nationality=New+Zealand&ApplyFrom=Australia&Age=All&Stay=Permanent&Length=Permanently&Family=All&Type=All

I can then help you determine, if any are permanent visa, and if so, the steps and forms to complete to apply.

Kind regards,

James

Customer: replied 1 year ago.
Ok i think it is that scv your talking about but not 100 percent as im not very clued up with all this stuff im lost already. .
Expert:  Brisbane.Lawyer replied 1 year ago.

Ok, that would make sense that you currently hold a SCV - sub-class 444 temporary visa... check your passport as a starting point.

On a SCV you can live and work in Australia indefinitely without any restrictions.

I note that this is only a temporary visa (not a Permanent Resident visa).

Next, look at the link I posted above... do any of the other visa types apply to you...if Yes, we need to determine if it is a PR class visa.

If not, you cannot become a PR (permanent resident), and therefore cannot become an Australian Citizen.

Kind regards, James

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