You may appeal to the FCCA under s 476(1) to hear and determine the application. Options to permanent residency after studying in Australia.

Applying to the AAT to

Immigration law is a highly specialised area of the law and even lawyers in law firms and QCs who hold full practising certificates are not allowed to advise on it, with some limited exceptions, unless they become registered migration agents and so submit to the regulation of the Migration Agents Registration Authority. Should circumstances change due to Government guidelines, we have ensured that we are flexible enough to enact any changes required, working with all our partners to complete your cases or instructions as required. The Special Category visa is valid from time of grant (usually upon arrival to Australia) to time of departure from Australia, so long as you remain a New Zealand citizen while you are the holder of the visa. I personally recommended Visatec to anyone who’s requiring immigration and visa help as they are skillful, friendly and professional service. 1219(3)(a)(ii)). No unachievable promises, just our commitment to get you the best visa outcome. Melbourne If you are seeking to become an Australian permanent resident, there are a range of visa options available to you that you can apply for in and outside Australia. As the result with Visatec assistance, we have gained our visa as early as we have expected, my fiancé now lives happily with me in Australia. It is not available to all New Zealander’s residing in Australia, only those who: In addition, the delegate’s arrived at an Australian airport or seaport you are required to complete an In short, the delegate’s decision is not a Part 5 reviewable For more information on receiving a Notice of Intention to Consider Cancellation (NOICC) from the Department, see our blog from 23rd August 2013.

If you are convicted of a criminal offence or otherwise breach the Department’s character provisions, the Department of Home Affairs has the power to cancel your visa. Immigration Lawyers & Registered Migration Agents, Brisbane +61 7 3035 4045

defined in s 474) not to grant you a Subclass 444 SCV is not a Part 5 reviewable decision (s 476(2)(a)) and the AAT cannot accept your application. Unlike most migration agencies, we have Australian lawyers who specialise in immigration law on staff which we believe allows us to provide a superior service. Unfortunately there is limited discretion available to Department staff to grant you a subclass 444 visa in these circumstances, even if you have a house and job in Australia and have lived here for a long time. For example: Depending upon your circumstances there may be other options open to you not covered on this page such as business, retirement, partner or parent visa options. Subclass 444 is a temporary visa and a holder of this visa is not entitled to the same rights and benefits as Australian citizens and permanent residents.

If you’re a Kiwi currently living in Australia on a subclass 444 visa, you should be aware of potential issues that can arise if you are convicted of a criminal offence or have previous convictions that haven’t been declared before. The Special Category visa is a temporary visa and you do not have the same rights and benefits as Australian citizens or permanent residents. There is no expiry date or visa cease date (example, “do not enter by date”), however, your visa will cease when you depart Australia, or you ceased to be a New Zealand citizen. Conveniently located close to Melbourne CBD: 513/566 St Kilda Road, Melbourne 3004 VIC. Overview; About this visa; Eligibility; Step by step; When you have this visa; Overview. You then present your NZ passport to an officer or clearance

Australian permanent resident (cl 1219(3)(c)) or hold any other visa when you You need to apply for a new Special Category visa each time you arrive in Australia. I personally recommended Visatec to anyone who’s requiring immigration and visa help as they are skillful, friendly and professional service. New Zealand Citizen pathways to Permanent Residence Whilst New Zealand Citizens are generally eligible to live and work in Australia on the subclass 444 visa, many New Zealand citizens have lived in Australia for many years and wish to remain in Australia on a permanent basis and enjoy the benefits provided to Australian permanent residents. You may be denied a Special Category Subclass 444 visa if you are of a character concern ( (behaviour concern non-citizen or BCNC not satisfying s 32(2)(a)(ii) ) and have been previously denied entry into another country or you have been convicted of a crime and was sentenced to death or to imprisonment for at least 12 months or has been convicted of 2 or more crimes and was jailed for a period that added up to at least 12 months. Generally, the only option for you if you were refused entry at the airport would be a temporary Subclass 773 Border visa, which may be granted in certain circumstances. Because of new agreements between Australia and New Zealand the migration of process between the two countries has become much more assessable. This means you may run into issues if you have to leave Australia and try to re-enter, as the Department of Immigration now has the facilities to check your criminal history (including ‘spent’ convictions). 188C visa- Business visa (Significant Investment), 888 Business innovation and investment (permanent) visa, Business visa (188) Points Calculator (Instant), 132 Business Talent (Permanent) visa A | B, Partner visa: Important points & requirements, Contributory Parent (Temporary) visa (subclass 173), Contributory Aged Parent visa- Temporary (subclass 884), Notice of Intention to Consider Cancellation, Electronic Travel Authority (subclass 601), Best Immigration Agents and Lawyers Melbourne, Permanent Resident and Citizenship for New Zealanders living in Australia, Some NZ citizens in Australia may be eligible for the, https://www.seekvisa.com.au/wp-content/uploads/2020/11/Latest-Subclass-189-and-491-Invitation-Round-Analysis-1.jpg, SeekVisa: Australian Migration Agents and Lawyers in Melbourne, https://www.seekvisa.com.au/wp-content/uploads/2019/11/Seekvisa-Migration-Agent-Melbourne-1-300x58-300x58.png, Latest Subclass 189 and 491 Invitation Round Analysis, https://www.seekvisa.com.au/wp-content/uploads/2020/10/Permanent-visa-Pathways-and-DAMA-changes-for-South-Australia.jpg, PR Pathways and DAMA changes for South Australia, © 2020 | Migration Agent Melbourne | Australian Migration Agents and Immigration Lawyers | Suite 513/566 St Kilda Rd, Melbourne VIC 3004, Australia | Tel: +61 (03) 9521 7577, Changes ahead for New Zealand 189 visa (reduced financial criteria for PR), New Zealand Citizen Family Relationship visa (subclass 461), Australian Permanent Residency for New Zealand citizens, Skilled Independent (subclass 189) (New Zealand) stream, How does a New Zealander become an Australian Citizen, Australian citizenship for New Zealand citizens, are a New Zealand citizen and you do not hold another visa, present a New Zealand passport that is in force. This is why many New Zealand citizens do not apply for a permanent visa. It is issued when you enter Australia. For you as a Client, and new prospective enquiries alike, our services will remain completely unchanged. The Special Category visa (subclass 444) is a temporary visa that lets you stay and work in Australia as long as you remain a New Zealand citizen.

The temporary Special Category visa (subclass 444) (SCV) does not limit how long you can stay in Australia. There is no expiry date or visa cease date (example, “do not enter by date”), however, your visa will cease when you depart Australia, or you ceased to … Eligibility requirements for this visa include the following: The DIBP have estimated approximately 60,000 – 70,000 of the 140,000 post 2001 SCV holders who have been in Australia for at least five years are expected to be eligible to apply for this visa option. If you are a New Zealand citizen who already holds a Australian Visa and have lived in Australia for an extended perido you may be eligible for a Australian permanent residency. If you are manually cleared, your application for a Subclass 444 SCV visa is your completed incoming passenger card or IPC. Australian migration law is complex and difficult to understand, contact our immigration lawyer for a free 15 minutes consultation to help you to understand your immigration status (click here to find out how an immigration lawyer or registered migration agent can help you) or click here for more information. You can see us in-office or arrange a phone-in meeting, depending on your convenience. However, it’s important you understand that this is only a temporary visa and it will cease as soon as you leave Australia. When choosing a course it is always important to think about it’s prospects and chances of getting a permanent visa. Because we are regulated by the MARA, most of our Australian lawyers do not also hold practising certificates from the legal regulator, and we have chosen not to structure ourselves as an immigration law firm, so even when you are dealing with one of our lawyers, a solicitor-client relationship will not arise, as we will explain to you in detail when you engage us. However, an SCV is not always a direct pathway to Australian citizenship.

If you’d like assistance either with a NOICC or an assessment of what your other visa options are, please contact our Migration Team. Melbourne 3000. You may be considered a permenent resident for the purpose of applying for Australian Citizenship. Ask us about your immigration, notarial and other legal needs. However, you may find useful the following links: https://www.humanservices.gov.au/individuals/enablers/new-zealand-citizens-claiming-payments-australia, https://www.studyassist.gov.au/help-loans/hecs-help, https://www.studyassist.gov.au/help-loans/fee-help. If you apply to the AAT to review the refusal to grant you a Subclass 444 SCV, it is likely the Tribunal will invite you to comment on its preliminary view that it had no jurisdiction because you have not been immigration cleared. present a completed incoming passenger card. Neither Australian permanent residents nor Subclass 444 holders are able to: It is valid from the time of the grant up until the time of departure from Australia. If you require any special assistance or need any questions answered please phone us on (03) 9863 7732 or email us at legal@visatec.com.au. As the result with Visatec assistance, we have gained our visa as early as we have expected, my fiancé now lives happily with me in Australia. Sunshine Coast +61 7 5443 6600, Registered Migration Agent MARA Number: 0105779, © 2020 Visa Australia – Immigration Lawyers & Registered Migration Agents - Australian Migration Lawyers & Registered Migration Agents, Important information for Kiwi’s living in Australia on the Subclass 444 Special Category Visa, Business, Investor and Significant Investor Visas.