The Australian Government is aware of a loophole which allows some New Zealanders to obtain a permanent resident visa in Australia, but that the Government does not publicise this pathway, which for many New Zealanders who are caught in the dilema of being left out of many welfare privileges could be a ‘lifeline’.

Some reports estimate that there are about 185,000 New Zealanders currently living in Australia who have been affected by the 2001 restrictions which cut-off New Zelanders  access to an easy permanent residency pathway to Australian and an array of welfare benefits including those for travel concessions, unemployment, sole parent, youth, sickness and even housing. Earlier this year many of these New Zelanders marched across Australian cites demanding a better deal for the taxes they pay.

But another important date is 1 September 1994. Prior to that date New Zealand citizens who entered Australia were considered permanent residents. Accordingly, under the Resident Return Visa  (RRV) rules they may be eligible for permanent residency now, provided of course they meet additional RRV criteria.

The New Zealand Herald reports that Welington academic Peter Hamer has taken this to a parliamentary committee in New Zealand reporting that New Zealanders who have lived in Australia prior to September 1, 1994, have the right to a permanent visa. 

"That has been quite a breakthrough," Paul Hamer told the New Zealand Herald. The September date was when all non-citizens were required to hold a visa and the "special category visa" was given freely to New Zealanders on arrival giving them the rights of permanent residents. The rules have changed since then and, since February 27, 2001, New Zealanders had to gain a permanent visa to access services they previously got automatically, such as social security and student loans. One of the key reasons for the change was to filter out the influx of New Zealanders moving to Australia solely for the purpose of taking advantage of the welfare benefits.

Last year, New Zealand born actor, Russell Crowe failed in his bid to obtain Australian Citizenship. Speaking to the Daily Telegraph, the mulit-award winning actor who had arrived in Australia in 1968 expressed surprise and frustration at the decision saying, "This is the country I choose to live in, in which I spent my formative years, so it's kind of frustrating." Its also the country that proudly advertised him as an Australian Legend on several postage stamps.

Crowe used the publicity to highlight the plight of New Zealanders, saying, “I am not the only person in that boat. There's a whole bunch of New Zealanders who have committed to a life here, who have had children here, who bought their first houses here, who have been productive, taxpaying members of society."

RRVs can be complicated applications and therefore prospective applicants are best advised to seek the assistance of a Registered Migration Agent. A list of RMAs are available on this website.

http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11244526