Australian Nationality Law - New Zealand Citizens

New Zealand Citizens

New Zealanders were included in the definition of British subject in the 1948 Act and hence many New Zealanders resident in Australia acquired Australian citizenship in 1949 when this was introduced. There was no bar on New Zealanders automatically acquiring Australian citizenship as well as New Zealand citizenship under the equivalent New Zealand legislation (The British Nationality and New Zealand Citizenship Act 1948 (NZ)).

The facilities to become an Australian citizen by registration or naturalisation have been open to New Zealanders in Australia since 1949. However, most New Zealand citizens arriving since February 2001 are required to apply for and obtain Australian permanent resident status before becoming eligible for Australian citizenship.

Children born to New Zealanders in Australia have generally been Australian citizens by birth. The exceptions are:

• those born between 20 August 1986 and 31 August 1994. This is due to a technicality in the 1986 legislation which limited the acquisition of Australian citizenship to children of Australian citizens and permanent residents, which was not corrected until 1994
• those born on or after 27 February 2001 where neither parent is an 'eligible New Zealand citizen'
• neither of the above restrictions affect children where one parent was an Australian citizen or permanent resident at the time of birth
• special rules apply to cases where the New Zealand parent is a diplomat, official guest, visiting forces personnel, or has entered Australia on the passport of another country.

Those children born to New Zealand parents in Australia automatically acquire Australian citizenship on their tenth birthday if ordinarily resident in Australia until age 10, if they have not already acquired Australian citizenship by birth or naturalisation.