on 31-05-2013 01:05 PM
It's not widely known by the public living in Australia, that a vulnerable group of New Zealand citizens live amongst them and consider Australia their home. Welcomed into Australia, only to have the door to Australian citizenship slammed shut.
Australia and New Zealand have had arrangements in place since the 1920s to facilitate a free flow of people between the two countries to reside and work. New Zealand citizens and Australian citizens were considered permanent residents in each others countries and could apply for citizenship after a few years if they wished.
In February 2001, the Howard government introduced a 'bilateral agreement', which in reality is more of a 'unilateral' (one way) 'disagreement', as the New Zealand government did not approve of it.
New Zealand citizens arriving in Australia since February 2001 are on non-protected Special Category Visas and considered 'temporary visitors', indefinitely - an oxymoron...
I am not sure how I think it should be........ part of me says it is ok but then when I read about how it affects families, I think it is wrong.
On the other hand, I have 2 grandaughter.... one born in Australia, her mum born in the UK but lived here since aged 4. This grandaughter is both British and Australian citizen.
The other was born in UK, mum Australian, dad NZ but Aus citizen. She does not qualify for British Citizenship.
on 31-05-2013 06:59 PM
The Plight of the Lost Kiwis - is that were this comes from?
Yes, that is it.
on 02-06-2013 02:26 PM
What I find hard to fathom, is the New Zealanders living on special category visa's in Australia have no government assistance - BUT Australian's on the same visa in New Zealand do.
In Australia you have to be a citizen to work for the government but in New Zealand you can work for the government just by being a permanent resident.
So much for reciprocal arrangements.
"and for various reasons they don't want to move back to NZ"
Most of them don't have the funds to get home. There was an article about the homeless New Zealander's in the paper recently, some of their families are trying to get funds together to get them home.
on 02-06-2013 03:33 PM
I read that article also shopping trolley.
We (family) would not have moved here under the conditions brought in on 26 Feb 2001.
Arrived before that date.
Tougher policy needed for New Zealanders wanting to work in Australia
Feb 2013
on 02-06-2013 11:54 PM
Seems a bit crazy... that they will recruit troops from other countries. That may mean people who are already in the armed forces in overseas countries though.
Diana Drysdale's dream to be a full-time member of the RAAF has been shot down by ADFA
DIANA Drysdale is a loyal member of the Royal Australian Air Force cadets who plans to make Australia home, but because she is a dual Kiwi/British citizen she cannot follow her dream to become a full-time member of the RAAF.
The 15-year-old from Southern Cross College at Scarborough near Brisbane is a top student and active member of the school and local community.
Meanwhile, defence will continue to spend tens of thousands of taxpayers dollars recruiting troops from the UK, Canada and USA while refusing entry to up to the dozen Kiwis a week who want to join.
Read more: http://www.news.com.au/national-news/diana-drysdale8217s-dream-to-be-a-fulltime-member-of-the-raaf-h...
on 03-06-2013 06:09 AM
Dunno about the kiwis
my neighbor and great mate... Baggy 😐 ..the scotsman (Hoots...mon blow that pipe)
... came over from Scotland with his parents in 1960 and has lived here ever since (53 years) but has never taken out Australian citizenship.... he is still thinking about it.....
Another friend is married to a javanese lady who has been in Australia for about 20 years and was naturalized about 10 years ago.
She had dual citizenships and passports for those 20 years until the indonesian embassy found out.
So this year she was refused a visa to go and visit her Mum, Dad and relo's until she physically relinquished her Indonesian passport and citizenship in writing.
Indonesia does not allow dual citizenship although Sarik had dual citizenship for 20 years it was removed as soon as the Indonesian embassy became aware of the situation.
on 03-06-2013 02:01 PM
Diana Drysdale already holds dual citizenship,neither of them Australian.
I am sure that the same non-Australian dual citizenship criteria would apply to recruits from the UK Canada etc.
on 03-06-2013 05:11 PM
I am sure that the same non-Australian dual citizenship criteria would apply to recruits from the UK Canada etc.
I don't think it does. The Govt will be recruiting trained, experienced members of the armed forces (saves them the cost of training them and a quick fix if there is a shortage in any field).
They would most likely be given permanent residence or eligiblity for citizenship after a period because they are in an occupation that there is a shortage of here.
Whereas someone who just wants to join the ADF is just one of many applicants.
I remember Aust actively recruiting policemen not that long ago from NZ also.
on 03-06-2013 05:23 PM
The Australian Defence Force looks to overseas candidates to fill gaps in our Services, which can't currently be satisfied by standard recruitment.
Who we are looking for
We are looking for serving or ex-serving foreign military personnel, who can directly transfer their job and life skills to whichever Service they join, with limited training and preparation.
Non-Australian Citizens or Non-Permanent Residents
If you are not an Australian Citizen or Permanent Resident and you do have recent military experience, please refer to the individual Navy, Army and Air Force information by clicking on the relevant link towards the top of this page
The purpose of the Australian Army's Overseas Lateral Transfer Scheme is to address capability shortfalls within the Army that cannot be solved using Australian personnel.
The Lateral Transfer Scheme is underpinned by a Labour Agreement that has been agreed upon between the Australian Defence Force and various stakeholders within the Australian Federal Government. Applicants that do not meet the criterion within the agreement cannot be sponsored for a Lateral Transfer.
on 03-06-2013 05:27 PM
Labour Agreements are formal arrangements between an employer and the Commonwealth which allows for the recruitment of an agreed number of overseas skilled workers. Both temporary and permanent visas can be granted under the agreement. Agreements are generally effective for two to three years.
What does this program let me do?
This program allows you to employ a number of overseas workers on temporary and/or permanent visas.
Permanent Visa
This visa allows people you employ from overseas, and any dependent family members included in their visa application, to live as permanent residents in Australia.
Australian permanent residents can:
live and work in Australia on a permanent bass
study in Australia at school or university
receive subsidised healthcare through Medicare and the Pharmaceutical Benefits Scheme (PBS)
access certain social security payments (subject to waiting periods)
be eligible for Australian citizenship (subject to the residency eligibility criteria)
sponsor people for permanent residence.
on 07-06-2013 03:51 PM
I think you can be aware of rules at the time of moving, but the rules have changed alot since 2001.
On Feb 26 2001 the government changed social security law (note: not immigration law). They amended the "social security act" 1991 to state that only New Zealanders who arrived in Australia before Feb 26 2001 are considered permanent residents. And that Kiwis who arrived after 26 Feb 2001 are no longer permanent residents and not considered 'residents' of Australia for the purposes of social security law. At the same time, the "Citizenship Act" was amended to state that Kiwis arriving after 26 February 2001 can no longer apply for citizenship, as in, a Special Category Visa given after that date is no longer considered a permanent visa for the purposes of the Citizenship Act (even though Kiwis who arrived before 26 Feb 2001 have exactly the same visa!).
So the only change that happened was in regards to social security payments/welfare and citizenship were blocked. It was not an immigration change, or a visa change, all New Zealanders are in the same visa group - the terms 'Protected' and 'Non-Protected' don't exist in the Migration Act and are only a product of the Social Security Act 2001.
So beginning Feb 27 2001, those Kiwis moving to Australia became ineligible for most government payments, and not being considered permanent residents in the citizenship act means their visa remains "indefinitely temporary". SuddenlyAustralian-born children of New Zealanders no longer acquired citizenship, because his/her parents aren't "permanent residents" of Australia. The children now have wait until age 10 for citizenship to be given.
The solution sold to the public was that if New Zealanders wanted to be treated equally, they could apply for a "Permanent Visa," like any other foreigner has to do before they enter Australia. (Prior to 2001 New Zealanders were actually not allowed to apply for these visas because the government correctly considered them permanent residents).
In 2005 the Australian Government decided that it would only give student loans to Australian Citizens. This change in policy means that New Zealanders moving after Feb 26 2001 (even their children) aren't eligible for HECS funding, and because they also aren't eligible for citizenship they are denied access to education. This was never a part of the 2001 changes and was the beginning of barriers being thrust up.
In 2007 the Australian Government abolished three specific New Zealand permanent resident visas (Skilled — Onshore Independent New Zealand Citizen; Skilled —Onshore Australian-sponsored New Zealand Citizen; and Skilled — Onshore Designated Area-sponsored New Zealand Citizen). New Zealanders can now only become "permanent residents" by sponsorship or competing with foreign migrants for capped numbers of skilled visas - the department of immigration estimates up to 60% of kiwis will never meet the skills or age requirements, especially the Kiwi children of New Zealanders who have no skills and access to education funding cut away from them.
In 2008 some Australian states saw that the Federal Government was able to discriminate against New Zealanders depending on their date of arrival (Before Feb 26 2001 "Protected" / After Feb 26 2001 "Non Protected") and joined in the fun. They basically copied the residency requirements of the Social Security Act 2001 changes and pasted them into their own state laws, retrospectively revoking the rights of New Zealanders who had already been resident in Australia for up to 7 years (now 13 years).
Queensland currently denies disability support to New Zealanders and their Australian born children who arrived/were born after Feb 26 2001. New South Wales denies Social and emergency housing to the same group. Western Australia tried to do this with their disability funding but were successfully sued and funding was restored in 2012. In Victoria, all New Zealand Citizens including primary and secondary educated school children are denied student concessions because they aren't considered "permanent residents" - this is currently going to court in June at the Victorian Civil and Administrative Tribunal.
New Zealand women fleeting domestic violence with their Australian children are denied carers payments and emergency housing while also being denied the ability to go back to New Zealand. They can't even access money from their own super funds early, because you have to be already receiving a Centrelink payment to do so, which New Zealanders are banned from
The (Supporting Australian Victims of Terrorism Overseas) Act 2012 excludes New Zealanders who arrived after 2001 meaning if they are injured or killed overseas, even their Australian Citizen children will not receive a payment because her parent wasn't a "resident" of Australia!!
And now the National Disability Insurance Scheme Act 2013 excludes New Zealanders who arrived after 2001. This is the NDIS which perversely, all New Zealanders will have to pay the tax levy to fund it, while those who moved in the last 13 years will be denied access to it.
Of note the "Taxation Act" considers all New Zealanders permanent residents. So the Australian Government is perfectly happy treating them as permanent residents when it suits them, and as 'temporary non-residents' when it doesn't.
Lots of Kiwis don't want to go home, because Australia is now their home and has been for many years. They have had children in Australia, and if both parents are not permanent residents then their children have to wait until they are 10yrs old before they can get citizenship.
It wouldn't be easy to just say lets go back to NZ if you have a house here, your children have never known NZ as home, all their friends are here, and you have no ties back in NZ.