Applications for Special Category Visas in Immigration Clearance
20 December 2005 - Legislation change
Client summary
From 20 December 2005, the Migration Regulations 1994 (the Regulations) will be amended so that New Zealand citizens who hold a permanent or a temporary visa will not be able to make a valid application for a Special Category visa in immigration clearance. This will prevent the unintentional grant of a less favourable visa in immigration clearance.
Previously, New Zealand citizens who held temporary visas were able to apply for a Special Category visa in immigration clearance. From 20 December 2005, New Zealand citizens, who hold a temporary visa on arrival in Australia, may make a valid Special Category visa application at a State or Territory Office after they have been immigration cleared, if it is more beneficial than the temporary visa held.
The Regulations will remain unchanged for New Zealand citizens who hold permanent visas, so that they cannot make a valid application for a Special Category visa at any time. Their permanent visa is more beneficial to them than the temporary Special Category visa.
Technical details
Paragraphs 1219(3)(a) and (b) in Schedule 1 to the Regulations are amended.
Additional information: Nil
Transitional arrangements: The Regulations apply to visa applications made on or after 20 December 2005.
Forms: Form 15
Instructions: PAM3 Sch 2 Visa 444
Effect on delegations: Nil
Effect on systems: Systems changes are pending. In the meantime, New Zealand citizens who are granted temporary visas will have their visa grant evidenced by a visa label placed in their valid New Zealand passport.