흔히 NZC (NZ citizen)은 SCV (Special Category Visa) subclass 444를 호주 공항에 입국과 동시에 호주에서 무제한 일을 하고 거주할 수 있는 비자를 받게 됩니다. 모든 NZ 시민권자들은 그러합니다. 그런데 eligible New Zealand Citizen (ENZC)는 조금 더 많은 혜택을 받습니다. 사실 훨씬 더 많죠.
ENZC (Eligible New Zealand Citizen) 이란?
사회보장법 1991하에 Protected SCV 비자를 받을 수는 부류의 NZ 시민권자라고 명시되어 있음.
What is an eligible New Zealand citizen? (누가 자격이 되는가?)
An Eligible New Zealand Citizen (ENZC) is a person who is defined as a ‘protected SCV’ holder under the Social Security Act 1991. Protected SCV holders are those who arrived in Australia on a New Zealand passport and were: (Protective SCV 비자는 NZ여권을 소지하고 호주에 살았던 사람들로 다음과 같은 조건을 만족해야 함)
- in Australia on 26 February 2001 (2001년 2월 26일에 호주에 거주하고 있던 NZ시민권자)
- in Australia for 12 months in the 2 years immediately before this date (2001년 2월 26일부터 과거 2년안에 12개월 동안 호주에 거주했던 NZ 시민권자) 그리고
- assessed as protected SCV holders before 26 February 2004. (2004년 2월 26일 전에 protective SCV 비자 소지자로 평가된 NZ 시민권자.
An ENZC can sponsor family members for an Australian permanent visa. (자격있는 NZ 시민권자는 호주영주권비자를 위해서 가족을 스폰서할 수 있음)
아래 내용은 호주사회보장법에 명시된 호주거주자의 정의를 기술한 내용으로 여기에 protected SCV holder 도 자세하게 명시되어 있음.
7 Australian residence definitions
(1) In this Act, unless the contrary intention appears:
Australian resident has the meaning given by subsection (2).
former refugee means a person who was a refugee but does not include a person who ceased to be a refugee because his or her visa or entry permit (as the case may be) was cancelled.
holder, in relation to a visa, has the same meaning as in the Migration Act 1958.
new PRC (temporary) entry permit means an entry permit within class 437 of Division 2.6—Group 2.6 in Part 2 of Schedule 1 to the Migration (1993) Regulations as in force before 1 September 1994.
old PRC (temporary) entry permit means a PRC (temporary) entry permit within the meaning of the Migration (1989) Regulations as in force before 1 February 1993.
permanent visa, special category visa and visa have the same meaning as in the Migration Act 1958.
protected SCV holder has the meaning given by subsections (2A), (2B), (2C) and (2D).
qualifying Australian residence has the meaning given by subsection (5).
qualifying residence exemption has the meaning given in subsections (6) and (6AA).
(2) An Australian resident is a person who:
(a) resides in Australia; and
(b) is one of the following:
(i) an Australian citizen;
(ii) the holder of a permanent visa;
(iii) a special category visa holder who is a protected SCV holder. (엘리저블 NZ 시민권자)
Note: For holder and permanent visa see subsection (1).
(2A) A person is a protected SCV holder if:
(a) the person was in Australia on 26 February 2001, and was a special category visa holder on that day; or
(b) the person had been in Australia for a period of, or for periods totalling, 12 months during the period of 2 years immediately before 26 February 2001, and returned to Australia after that day.
(2B) A person is a protected SCV holder if the person:
(a) was residing in Australia on 26 February 2001; and
(b) was temporarily absent from Australia on 26 February 2001; and
(c) was a special category visa holder immediately before the beginning of the temporary absence; and
(d) was receiving a social security payment on 26 February 2001; and
(e) returned to Australia before the later of the following:
(i) the end of the period of 26 weeks beginning on 26 February 2001;
(ii) if the Secretary extended the person’s portability period for the payment under section 1218C—the end of the extended period.
(2C) A person who commenced, or recommenced, residing in Australia during the period of 3 months beginning on 26 February 2001 is a protected SCV holder at a particular time if:
(a) the time is during the period of 3 years beginning on 26 February 2001; or
(b) the time is after the end of that period, and either:
(i) a determination under subsection (2E) is in force in respect of the person; or
(ii) the person claimed a payment under the social security law during that period, and the claim was granted on the basis that the person was a protected SCV holder.
(2D) A person who, on 26 February 2001:
(a) was residing in Australia; and
(b) was temporarily absent from Australia; and
(c) was not receiving a social security payment;
is a protected SCV holder at a particular time if:
(d) the time is during the period of 12 months beginning on 26 February 2001; or
(e) the time is after the end of that period, and either:
(i) at that time, a determination under subsection (2E) is in force in respect of the person; or
(ii) the person claimed a payment under the social security law during that period, and the claim was granted on the basis that the person was a protected SCV holder.
(2E) A person who is residing in Australia and is in Australia may apply to the Secretary for a determination under this subsection stating that:
(a) the person was residing in Australia on 26 February 2001, but was temporarily absent from Australia on that day; or
(b) the person commenced, or recommenced, residing in Australia during the period of 3 months beginning on 26 February 2001.
(2F) If a person makes an application under subsection (2E), the Secretary must make the determination if:
(a) the Secretary is satisfied that paragraph (2E)(a) or (2E)(b) applies to the person; and
(b) the application was made within whichever of the following periods is applicable:
(i) if paragraph (2E)(a) applies to the person—the period of 12 months beginning on 26 February 2001;
(ii) if paragraph (2E)(b) applies to the person—the period of 3 years beginning on 26 February 2001.
The Secretary must give a copy of the determination to the person.
(2G) The Secretary must make a determination under this subsection in respect of a person if the person is a protected SCV holder because of subsection (2B). If the Secretary is required to make such a determination:
(a) the determination must state that the person was residing in Australia on 26 February 2001, but was temporarily absent from Australia on that day; and
(b) the determination must be made within the period of 6 months of the person’s return to Australia; and
(c) a copy of the determination must be given to the person.
(3) In deciding for the purposes of this Act whether or not a person is residing in Australia, regard must be had to:
(a) the nature of the accommodation used by the person in Australia; and
(b) the nature and extent of the family relationships the person has in Australia; and
(c) the nature and extent of the person’s employment, business or financial ties with Australia; and
(d) the nature and extent of the person’s assets located in Australia; and
(e) the frequency and duration of the person’s travel outside Australia; and
(f) any other matter relevant to determining whether the person intends to remain permanently in Australia.
(3A) For the purposes of determining, under subsections (2A) to (2D), whether a person is a protected SCV holder, Australia is taken, at all relevant times, to have included Norfolk Island.
(4) For the purposes of:
(a) Part 2.2 (age pension); and
(b) Part 2.3 (disability support pension); and
(d) Part 2.7 (bereavement allowance); and
(e) Part 2.8 (widow B pension);
residence of a claimant in an external Territory is taken to be residence in Australia.
NZ 시민권자들 관련된 이민법 및 사회보장제도법 변경
How have changes over time affected New Zealand citizens in Australia?
Changes to travel arrangements
Reflecting our similar histories, the Australian and New Zealand Governments have had arrangements in place since at least the 1920s to assist a free flow of people between the two countries. The current arrangements have been in place since 1973. (호주와 NZ 양국간 국민들이 1920년 이후로 자유롭게 이동할 수 있도록 했고 1973년 이후로 현재 합의가 마련됨)
1973
The Trans-Tasman Travel Arrangement was introduced. The joint report released by the Prime Ministers of Australia and New Zealand (The Hon E.G. Whitlam QC MP and the Hon N.E. Kirk MP) on 22 January 1973 stated: (
“The Prime Ministers agreed that citizens of each country and citizens of other Commonwealth countries who have resident status in either Australia or New Zealand should henceforth be able to travel between Australia and New Zealand, for permanent or temporary stay, without passports or visas.” (Productivity Commission 2012)
A series of ministerial-level agreements and understandings, dating from 1973 onwards, established a Trans-Tasman Travel Arrangement, which helped the entry of Australian and New Zealand citizens into one another’s country to visit, live and work without needing visas or permits.
1 July 1981
The Hon I.M. Macphee MP, Minister for Immigration and Ethnic Affairs, announced that all those entering Australia under the Trans-Tasman Travel Arrangement were required to carry a passport valid for travel from this date.
This change was introduced on 1 July 1981 and at the same time Australia ended the previous arrangement where New Zealand permanent residents, who were citizens of other Commonwealth countries, were included under the Trans-Tasman Travel Arrangement.
1 September 1994
This date represented the commencement of supporting regulations to the Migration Reform Act. Under transitional Regulation 17, any New Zealand citizen who was not granted another visa on that day (either through another transitional regulation or an Act-based visa) was granted a SCV. The Special Category visa (subclass 444) was introduced on this day as a temporary visa.
Before this date, a New Zealand citizen who was in Australia as an exempt non-citizen was considered a permanent resident under theMigration Act 1958. (1994년 9월 1일 전에는 NZ시민권자가 호주에 살 경우 호주 영주권자로 간주; 비자 없이도 ; 그러나 이 날부터 SCV 444 비자가 발효되고 공항에서 NZ 시민권자는 누구나 받게 됨)
Entitlements to services and benefits
Within most Australian Government legislation, New Zealand citizens who live in Australia are defined as Australian residents. This means you have access to many of the services and benefits that apply to Australian citizens and permanent residents, including Medicare and Commonwealth-funded education places. The following information is provided in relation to the most common issues raised with us by New Zealand citizens living in Australia.
Social Security
Until 1986, both countries provided unlimited access to all social security payments and public health systems for each other’s citizens. In response to the substantial increase in the number of New Zealand citizens living in Australia, however, Australia tightened access to social security at various times, with the New Zealand Government often partially matching these various limits. (Productivity Commission 2012).
New Zealand citizens living in Australia today might be eligible for a number of social security benefits and services, including:
- child-related social security (such as baby bonus, child care benefit, parental leave pay)
- family tax benefits
- concession cards
- Age pension (under the bilateral agreement)
- Disability support pension (under the bilateral agreement)
- Carer Payment (under the bilateral agreement)
In all cases, specific entitlement can only be confirmed by the Department of Human Services (DHS). Information or clarification on what is covered under the bilateral agreement can be obtained from DHS or NZ Work and Income (a part of the New Zealand Ministry of Social Development).
Information on the changes over time in Australia, (source: Productivity Commission 2012), with specific detail on the effect of the 2001 changes, is:
1986
A six-month waiting period was introduced for New Zealand citizens in 1986 for access to unemployment income support payments. At the time there was no waiting period that applied to holders of a permanent entry permit.
1996
The Newly Arrived Residents Waiting Period was introduced in 1996 for Australian permanent residents. This period was usually for two years and applied to all new permanent residents but was not extended to SCV holders.
2000
In 2000, a two-year waiting period was introduced for SCV holders to align the arrangements for New Zealand citizens with those that applied to new permanent residents.
2001 (2001년 2월 26일 변경이 가장 큰 타격이 아니었을까)
On 26 February 2001, a new bilateral social security agreement between Australia and New Zealand was announced. This agreement set out arrangements for payment of age pension, disability support pension and carer payment (and their New Zealand equivalents) to the citizens of Australia and New Zealand when living in the other country. New Zealand citizens have access to these payments under the criteria set out in the bilateral agreement.
This bilateral agreement also recognised the right of each country to determine access to social security benefits not covered by the agreement, and to set related residence and citizenship rules according to the respective country’s national legislative and policy frameworks. In line with that principle, a number of supplementary changes were announced by Australia.
As a result, the Social Security Act 1991 requires New Zealand citizens who arrived in Australia after 26 February 2001, to apply for and be granted an Australian permanent visa if they wish to access certain social security payments (including income support payments) not covered by the bilateral agreement. To support this social security change, amendments were also made to citizenship and migration legislation to require New Zealand citizens to become permanent residents if they want to be eligible:
- for Australian citizenship, or
- to sponsor family members for a permanent visa.
Under transitional arrangements, these changes did not affect New Zealand citizens who:
- were in Australia on 26 February 2001 as Special Category visa (subclass 444) holders
- were outside Australia on 26 February 2001, but were in Australia as an SCV holder for a total of 12 months in the two years before that date, and subsequently returned to Australia
- had a certificate issued under the Social Security Act 1991, stating that they were living in Australia on a particular date. These certificates are no longer issued.
2016
On 19 February 2016, to acknowledge the special bilateral relationship between Australia and New Zealand, the Australian Government announced an additional pathway to permanent residence, for New Zealand citizens who are long-term residents in Australia in addition to those already available through our migration programme.
This additional visa pathway commenced on 1 July 2017 for New Zealand citizens who were usually resident in Australia on or before 19 February 2016 (the date of the announcement) had lived in Australia for the five years immediately prior to submitting their application, and shown a commitment and continuous contribution to Australia.
The pathway exists within the Skilled Independent category of the General Skilled Migration (GSM) component of Australia’s annual Migration Programme. It provides many New Zealanders an option to pursue permanent resident status, which will enable them to apply for Australian citizenship.
On 1 July 2017, this additional pathway became a new stream within the Skilled Independent (subclass 189) visa. The pathway is for New Zealand Special Category (subclass 444) visa (SCV) holders who were usually resident in Australia on or before 19 February 2016 and who, at the time of lodging an application, have resided in Australia for at least five years. These new arrangements will give many New Zealand citizens permanent residence status, if they meet certain criteria, including:
- contributing to Australia, demonstrated through income tax returns which show taxable income at least equivalent to the Temporary Skilled Migration Income Threshold (TSMIT) for the qualifying period; and
- meeting mandatory health, character and security checks.
New Zealand citizens who are granted this visa will be eligible to apply for Australian citizenship after a period of 12 months (in addition to the five years as an eligible New Zealand SCV holder).
2017
On 1 July 2017, the definition of eligible New Zealand Citizen (ENZC) was amended to align with Australian social security law. Refer to Eligible New Zealand Citizens (ENZC) further on this page.
NZ 시민권자 중에서 2016년 2월 19일 또는 그 이전까지 이미 호주에 거주했었고 현재도 444 비자를 가지고 있는 경우 189 비자라는 영주비자를 신청할 수 있습니다.
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