# What exactly does "Eligible New Zealand Citizen" mean?



## mcginr (Jul 29, 2009)

Hi there. I plan to apply for the de facto visa as my girlfriend is a NZ citizen. However I have searched everywhere but I cannot find out what an "Eligible New Zealand Citizen" is. This is the definition according to the immi website;

"A New Zealand citizen who at the time of their last entry to Australia would have met their health and character checks and:

* held a Subclass 444 (Special Category) visa on 26 February 2001, or
* held a Subclass 444 visa that was in force for at least one (1) year in the two (2) years before 26 February 2001, or
* has a certificate, issued under the Social Security Act 1991, that states the citizen, for the purposes of the Migration Act, was residing in Australia on a particular date."

The problem is I have no idea what this means! The first two probably don't apply as I don't think she was in Australia in 2001. But what does the third one mean?? Does anyone know?

Thanks

Ronan


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## Shell09 (Nov 5, 2008)

An eligible NZ citizen is a New Zealander that has been in Australia for 2 years (at the current time) or a new zealand citizen whom you are entering the country with - as they automatically receive a special visa when they arrive - which if I am not mistaken is the subclass 444.

Hope this helps.


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## mcginr (Jul 29, 2009)

Hi there. Thanks for your reply. But I'm not sure how your definition links in with the official definition? The first two requirements date back to 2001 and the third doesn't mention the 444 visa at all? It refers to some certificate. But I can't find out anywhere what that certificate is and how you get it.


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## amaslam (Sep 25, 2008)

Hi Ronan:

For the 3rd one take a look at this link:
http://www.welfarerights.org.au/Factsheets/fsssnz.doc





mcginr said:


> Hi there. I plan to apply for the de facto visa as my girlfriend is a NZ citizen. However I have searched everywhere but I cannot find out what an "Eligible New Zealand Citizen" is. This is the definition according to the immi website;
> 
> "A New Zealand citizen who at the time of their last entry to Australia would have met their health and character checks and:
> 
> ...


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## mcginr (Jul 29, 2009)

Thanks for that link. It does explain requirements 1 and 2 in more detail but I'm not sure it refers to the 3rd one? The part about the 3rd one I am particularly confused by is the wording "on a particular date". Could this be any date?


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## amaslam (Sep 25, 2008)

I think the particular date is before 26 February 2001. The other two conditions are specific, but the statement makes no sense for a condition after 26 February 2001.



mcginr said:


> Thanks for that link. It does explain requirements 1 and 2 in more detail but I'm not sure it refers to the 3rd one? The part about the 3rd one I am particularly confused by is the wording "on a particular date". Could this be any date?


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## thehumanlizard (Dec 11, 2015)

This post is from several years ago but am answering for the benefit of anyone coming across it after Googling a similar question.

The information offered by Shell09 is incorrect. An eligible NZ citizen must have been living in Australia for before the rules were changed in 2001. Google 'eligible NZ citizen' for details.

The visa that the original poster should have been applying for is 461 - New Zealand Citizen Family Relationship (Temporary) visa. It is for five years and is much cheaper and easier to get than the normal defacto visa. Google 'visa 461' for details.


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## fentonsat59 (Jan 31, 2017)

I am a NZ citizen and I have a French gf. We applied for the spouse visa 461 and she got it, yet in this visa she is not entitled to Medicare, yet she's aloud to stay for 5 years.. 
I was trying to get the Partner visa (subclasses 820 and 801) because I think it mention she could be entitled to medicare, yet we cant apply for it as I wasn't in the country before 2001 which sucks!


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