Requesting and coding additional residence data for Norfolk Island claims 106-06010040

Prior to 1 July 2016, residents of Norfolk Island who met certain criteria were granted official Norfolk Island Resident status by the Norfolk Island government or obtained this at birth. This was not an Australian permanent visa but under the reforms it is considered to be the equivalent for Services Australia purposes.

The Department of Home Affairs will confirm where an Australian visa has been issued for an arrival in Australia. The information will be advised through the Immigration Datalink. This includes the permanent visa subclass 834 that was issued to eligible Norfolk Island Residents on arrival in Australia before 1 July 2016. A grant of this visa indicates the person already held Norfolk Island Resident status when they arrived in Australia.

On 1 July 2016 non-Australian citizens who held official Norfolk Island Resident status were generally transitioned to a permanent Australian visa subclass 808 (this includes those that had been issued an 834 visa before that date).

The system will automatically assess former Norfolk Island Residents as permanent visa holders from the earliest date they were ever granted any Australian permanent visa. However where a claim is rejecting due to insufficient periods of Australian residence or failure to meet Newly Arrived Residents Waiting Period (NARWP) or qualifying residence requirements, Centrelink International Services (CIS) staff should also record the earlier grant date of Norfolk Island Resident status under the Norfolk Island government's legislation so the system can correctly assess the full period of Australian residence.

People on Norfolk Island on 1 July 2016 transitioned to the following Australian visas on this date:

• Non-Australian citizens who held official Norfolk Island Resident status before 1 July 2016 were transitioned to a permanent Australian visa subclass 808 - this includes some New Zealand citizens
• New Zealand citizens who did not hold official Norfolk Island Resident status transitioned to an SCV
• Foreign nationals (excluding New Zealand citizens) who did not hold official Norfolk Island Resident status transitioned to an applicable temporary visa

Note: Australian citizens did not need to transition to any visa.

Under the Norfolk Island reforms, New Zealand citizens who were present on Norfolk Island on 26 February 2001 or for a total of 12 months on Norfolk Island and/or Australia at any time in the 2 years prior to 26 February 2001 are deemed to have held a Special Category visa (SCV) at that time and are considered protected SCV holders. CIS staff make these decisions. For more information see Australian Residence Rules for New Zealand citizens.

Additional provisions for protected SCV assessments under transitional rules expired in 2004 and are not available under the Norfolk Island reforms.

All past periods that protected SCV holders resided in Norfolk Island are considered to be periods as an Australian resident.

For a non-protected SCV holder, past periods residing on Norfolk Island as a Norfolk Island Resident are only considered to be periods as an Australian resident from the grant date of Norfolk Island Resident status.

Non-protected SCV holders who were not transitioned to a permanent visa on 1 July 2016 will not have any periods of residence on Norfolk Island before 1 July 2016 counted as Australian residence and will have only limited access to income support payments. Past periods residing on Norfolk Island before 1 July 2016 will still count towards the NARWP requirements for CSHC and LIC.

Under the Norfolk Island reforms, non-protected SCV holders who have lived in Australia and/or Norfolk Island for 10 years continuously immediately before claiming may be eligible to access a one-off period of JobSeeker Payment or Youth Allowance under the New Zealand 10 year residence exemption.

New Zealand citizens may also be eligible to claim Australian and New Zealand payments under the International Social Security Agreement between Australia and New Zealand.

Prior to 1 July 2016, Norfolk Island has been assessed for income support and family payments purposes as ‘outside Australia’. This applies for both:

• “residence”, that is, a person residing on Norfolk Island is not residing in Australia and is not assessed as an ‘Australian resident’, and
• “presence”, that is, a person located on Norfolk Island is not physically in Australia

Assessment of historical periods of presence on Norfolk Island up to and including 30 June 2016 will be assessed as periods outside Australia.

From 1 July 2016 a person residing on Norfolk Island will be treated as residing in Australia.

On 1 July 2016 a period on Norfolk Island commencing on/before 1 July 2016 will be an arrival in Australia on 1 July 2016.

From 1 July 2016 a period on Norfolk Island commencing after 1 July 2016 will be either:

• a continuation of a period of presence in Australia – if the customer departed Australia immediately prior to arrival on Norfolk Island
• an arrival in Australia – if the customer did not depart Australia immediately prior to arrival on Norfolk Island

For the purpose of assessing the Newly Arrived Resident's Waiting Period (NARWP) and past periods of qualifying residence under the Norfolk Island reforms from 1 July 2016:

• Past periods residing on Norfolk Island before 1 July 2016 are considered to be periods residing in Australia. Note: the system will automatically assess periods residing on Norfolk Island as a period of Australian residence if the period is after 1 September 1994 and the person is also recorded during the period as an Australian citizen, permanent visa holder or, protected SCV holder (or a New Zealand citizen between 1 September 1994 and 25 February 2001 only). However, it is important to only code periods residing on Norfolk Island on the CRES screen prior to 1994 if the Service Officer is satisfied that the customer held Australian citizenship, a permanent visa (including official Norfolk Island Resident status) or New Zealand citizenship during that period

Norfolk Island Resident status grant date under Norfolk Island government's legislation before 1 July 2016 is not available through the Immigration Datalink and may need to be manually recorded for the system to correctly assess the full period of Australian residence.

• Past periods of physical presence on Norfolk Island before 1 July 2016 are generally considered to be presence in Australia but cannot be detected using the Immigration Datalink. Manual evidence and assessment may be required if the customer is not exempt from the NARWP or qualifying residence requirement for Parenting Payment (PP). Note: only presence while an Australian resident usually counts towards PP qualifying residence and social security payments and concession cards affected by the NARWP. Exceptions apply for concession cards where the customer qualifies as an SCV holder.

For information about qualifying residence and NARWP exemptions, refer to the relevant residence assessment procedure.

Verified historical arrivals on and departures from Norfolk Island may be used to determine when a person was present on Norfolk Island for NARWP and qualifying residence requirements and may also be used as evidence that a person was residing there. If this information is required, Service Officers need to contact CIS to request this information directly from the Department of Home Affairs.

Service Officers processing Norfolk Island claims may need to send a service request to CIS to request information directly from the Department of Home Affairs if a claim is rejecting due to insufficient periods of qualifying residence or failure to meet Newly Arrived Resident's Waiting Period requirements and the customer is not exempt.

Details that may be required include:

• the actual grant date of Norfolk Island Resident status
• historical arrivals and departures from Norfolk Island before 1 July 2016

CIS staff are responsible for updating customers' records for Norfolk Island claims in the following cases:

• a customer is not otherwise exempt from the PP qualifying residence or NARWP requirements and evidence shows they have served these requirements using periods on Norfolk Island before 1 July 2016
• Norfolk Island Resident status grant date needs to be recorded for claims is rejecting due to insufficient residence or the NARWP
• evidence of historical movements and or grant date of Norfolk Island Resident status is required for determining past periods of Australian residence
• protected SCV status needs to be checked for customers who were living on Norfolk Island on 26 February 2001 or for at least 12 months in the 2 years immediately prior to 26 February 2001