Australian residence rules for New Zealand citizens 106-06010020
Expand allThis document outlines the residence rules for New Zealand customers in Australia that came into force on 26 February 2001.
On this page:
Checking New Zealand residence status
Assessing New Zealand residence status
Checking New Zealand residence status
Table 1: how to check a New Zealand citizen's residence status or the need for a manual decision and coding.
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Step |
Action |
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1 |
Checking residence status for a New Zealand citizen + Read more ... New Zealand (NZ) citizens must have their residence status assessed to determine their eligibility for payments. This may happen automatically or CIS may action because of a Manual Follow-up (MFU) activity. Check the New Zealand residence status: field on the Legal Residence Details (RSLEG) screen. This field will either be blank or contain one of the following:
Does the field have a status recorded?
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2 |
Norfolk Island + Read more ... An MFU will create if the status is NOT and the customer lived on Norfolk Island between 26 February 1999 and 26 February 2001. CIS will action this MFU to check whether the NOT status is correct. Is there a New Zealand residence MFU outstanding?
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3 |
New Zealand residence MFU + Read more ... Recording all the residence information generally allows the system to accurately assess the customer's residence. Make sure the:
For more information, see Recording legal residence status. An MFU titled NZ RESIDENCE ACTIVITY with keyword NZ-STS will be created if the system cannot determine a required status. Is there a New Zealand residence MFU outstanding?
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4 |
MFU to be actioned by CIS + Read more ... The New Zealand residence MFU will map to CIS to action. Is the Service Officer in CIS?
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5 |
Grandfathered + Read more ... The customer is a protected SCV holder, therefore they are considered a legal Australian resident. To be entitled to social security payments the customer must also:
Alternatively, they may be entitled to a payment using the International Agreement with New Zealand. Procedure ends here. |
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6 |
Transitional + Read more ... The customer is a protected SCV holder therefore they are considered a legal Australian resident. To be entitled to social security payments the customer must also:
Alternatively, they may be entitled to a payment using the International Agreement with New Zealand. The agency issues transitional customers a 'Certificate of Australian Residence' AUS223 form (formerly XOB073) when the assessment is made. If the customer has lost or misplaced their 'Certificate of Australian Residence', contact CIS for a replacement. See CIS - contact details for staff. Procedure ends here. |
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7 |
Non-Protected + Read more ... The customer is a non-protected SCV holder. The customer does not meet the definition of an Australian resident. They are not entitled to most social security payments, unless they apply for and are granted Australian citizenship or a permanent residence visa. A non-protected SCV holder can receive the following payments and services. Service Officers may offer them to the customer, if appropriate:
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Assessing New Zealand residence status
For Centrelink International Services (CIS) staff only.
Table 2: steps CIS officers take to assess a New Zealand citizen’s residence status.
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Step |
Action |
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1 |
New Zealand Residence MFU + Read more ... A New Zealand residence status will be automatically recorded for NZ citizens whenever possible. An MFU will be created when the system cannot determine the status. This includes when:
Ensure all immigration data is being assessed. See Activating the Department of Home Affairs datalink and contingency procedures if datalink is unavailable. |
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2 |
In Australia as an SCV holder on 26 February 2001 + Read more ... Special Category visa (SCV) holders who were physically present in Australia on 26 February 2001 are protected SCV holders. Check the RSIM screen. Was the customer physically in Australia as an SCV holder on 26 February 2001?
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3 |
In Australia for at least 12 months between 26 February 1999 and 25 February 2001 inclusive + Read more ... SCV holders who were not actually in Australia on 26 February 2001, but who were physically present in Australia for 12 months in the 2 years immediately before the date of the announcement (between 26 February 1999 and 25 February 2001 inclusive) are protected SCV holders. The 12 month period does not have to be continuous, it can be made up of any number of broken periods. Check the Time Inside/Outside Australia (TIO) screen in Customer First. Make sure the Immigration Limiting Date is moved back far enough to include all the movements of interest on the RSIM screen. Was the customer in Australia for at least 12 months between 26 February 1999 and 25 February 2001 inclusive?
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4 |
Residing in Australia, but temporarily absent on 26 February 2001 + Read more ... SCV holders who were residing in Australia, but temporarily absent on 26 February 2001, and not in receipt of an Australian social security payment are protected SCV holders if between 26 February 2001 and 26 February 2002 they:
These SCV holders are covered under the transitional SCV provisions. SCV holders who were residing in Australia, but temporarily absent on 26 February 2001 and in receipt of an Australian social security payment are protected if they returned to Australia by 26 August 2001. Check the Country of Residence (CRES) screen and make a residence determination if required. Check historical information for customer contact (this could include information stored in Archiving and Culling Engine (ACE)). If checking the NZ residence status for a customer who was residing in Australia as a child on 26 February 2001, check whether their parents made contact with Services Australia. Did the person make appropriate contact with Services Australia between 26 February 2001 - 26 February 2002 and was residing in Australia, but temporarily absent on 26 February 2001?
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Arrived in Australia between 27 February 2001 and 25 May 2001 inclusive + Read more ... SCV holders who established residence in Australia between 27 February 2001 and 25 May 2001 inclusive are protected SCV holders if, between 26 February 2001 and 26 February 2004, they:
These SCV holders are covered under the transitional SCV provisions. Check the Country of Residence (CRES) screen and make a residence determination if required. Check historical information for customer contact (this could include information stored in Archiving and Culling Engine (ACE)). If checking NZ status for a customer who started residing in Australia as a child between 26 February 2001 and 25 May 2001, check whether parents made appropriate contact with Services Australia. Did the person make appropriate contact with Services Australia between 26 February 2001 and 26 February 2004 and commenced to reside in Australia between 26 February 2001 and 25 May 2001?
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6 |
Grandfathered + Read more ... The customer is a protected SCV holder, therefore they are considered a legal Australian resident. To be entitled to social security payments the customer must also:
Alternatively, they may be entitled to a payment using the International Agreement with New Zealand. Go to Step 9, if actioning an MFU due to 80+ immigration movements. The description in the MFU will likely include ‘NZ residence activity created by NCL’ or ’80 movements Assessment implications’. For all other situations:
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7 |
Transitional + Read more ... The customer is a protected SCV holder therefore they are considered a legal Australian resident. To be entitled to social security payments the customer must also:
Alternatively, they may be entitled to a payment using the International Agreement with New Zealand. Go to Step 9, if actioning an MFU due to 80+ immigration movements. The description in the MFU will likely include ‘NZ residence activity created by NCL’ or ’80 movements Assessment implications’. For all other situations:
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8 |
Non-Protected + Read more ... The customer is a non-protected SCV holder therefore they are not considered a legal Australian resident. The customer will not be entitled to most social security payments unless they apply for and are granted Australian citizenship or a permanent residence visa. Go to Step 9, if actioning an MFU due to 80+ immigration movements. The description in the MFU will likely include ‘NZ residence activity created by NCL’ or ’80 movements Assessment implications’. For all other situations: The following payments and services can be received by a non-protected SCV holder and may be offered to the customer where appropriate:
Record Not a protected SCV holder (NOT) in the New Zealand residence status: field on the RSLEG screen. Document the decision, use Fast Note , select Auto Text, use Centrelink International Services > Residence > NZ CITIZEN – NOT PROTECTED or NZ Ctzn NOT Protected – Child. Procedure ends here. |
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9 |
Updating the record when there are 80+ immigration movements + Read more ... The system will only allow up to 80 immigration movements to be loaded onto a customer’s record at one time. When there are 80+ movements, the system will assess a customer’s NZ residence status based on the most recent 80 movements on the RSIM screen. This may cause the system to automatically code the wrong status in the NZ residence status: field on the RSLEG screen. For example, if the first movement counted on RSIM is an arrival after 26 February 2001, the system automatically assesses ‘non-protected’. If the customer had an earlier arrival before 26 February 2001 (confirming they were in Australia on 26 February 2001) they should be assessed as ‘protected’. If there is an existing NZ residence status on the record and more than 80 immigration movements are loaded, the status in the field will not change, but investigation is required. Determine the customer’s circumstances on the relevant dates in Steps 2-8 of this table by examining:
See the Resources page for an example. Update the record with the correct New Zealand residence status:
Note: the MFU will generate again if the customer travels outside Australia or the datalink is refreshed. |