Concerns over residency rule

WELLINGTON: It will be a ‘‘low mark’’ in AustraliaNew Zealand relations if the Australian Government does not extend a law that protects the rights of Kiwi expats, an expert on the issue says.

An expat lobby group says a law that makes it easier for New Zealanders who arrived in Australia before 2001 to get citizenship is to expire in October.

The group has been urging expats to apply for citizenship as soon as possible, in case they miss out.

New Zealanders who moved to Australia before February 26, 2001, can apply for citizenship as permanent residents. The legislative instrument that allows pre2001 arrivals to be treated as permanent residents expires on October 1.

The Australian Government has given no indication on whether it will be extended.

Victoria University researcher Paul Hamer, who has a special interest in New Zealanders in Australia, said he would be ‘‘extremely surprised’’ Australia did not roll over the law change.

Failing to do so would be ‘‘worse than what happened in 2001’’, when a policy change meant New Zealanders had to get permanent residency before being eligible for citizenship, and access to unemployment, youth and sickness benefits was removed for those on special category visas.

‘‘That was signalled quite a way out, and the rights of people already there were preserved,’’ Mr Hamer said.

‘‘This would be retrospectively taking rights back off people and it would be a really low mark in New ZealandAustralian relations if it happened.’’

Not extending the law would create a level playing field for all expats in Australia, he said.

‘‘But it would be an abrogation of the rights of Kiwis. In 2001, the people who were already there were protected.’’

About 200,000 New Zealanders were believed to be living in Australia before 2001. Hamer said about 40% had since secured citizenship.

A spokeswoman from the Australian Department of Immigration and Border Protection did not directly answer questions about whether the law would be extended.

She simply said the Australian Government ‘‘has no intention of altering the policy settings relating to New Zealand citizens’’.

Fears about a change were raised by Morgan Blake, a researcher behind a Facebook page called Protecting Special Category Visa Holders, who said it was possible the law would be replaced with something entirely different.

Foreign Affairs Minister Murray McCully was unable to comment immediately because he was travelling back from the Middle East.

New Zealanders who moved to Australia after the February 2001 cutoff must apply for permanent residency, which is capped, and compete against other skilled migrants.

However, Australian Prime Minister Malcolm Turnbull announced last year that the rules would be loosened for some post2001 arrivals who met certain income thresholds. Expats who earned $A53,000 ($NZ57,000) over five consecutive years between 2001 and today would eventually be able to apply for permanent residency and later apply for citizenship. — NZME