Regulation 1.03 of the Migration Regulations 1994 defines an eligible New Zealand citizen as "a New Zealand citizen who is a protected SCV holder within the meaning of section 7 of the Social Security Act 1991". That is a narrow test, and living in Australia for a long time does not satisfy it. The provisions on this page were read on the Federal Register of Legislation on 23 September 2026; confirm the current Migration Regulations 1994 before relying on them.
What does regulation 1.03 actually say?
One sentence, pointing at another Act. The Regulations borrow the social security concept of a protected SCV holder, and "SCV" is the Special Category visa, the subclass 444 that New Zealand citizens are granted on presenting a New Zealand passport in immigration clearance. Section 7 of the Social Security Act 1991 gives the concept its content in four subsections. In outline, a person is a protected SCV holder if:
| Limb | What it covers |
|---|---|
| Section 7(2A)(a) | The person was in Australia on 26 February 2001 and was a special category visa holder that day |
| Section 7(2A)(b) | The person had been in Australia for a period, or periods totalling, 12 months during the two years immediately before 26 February 2001, and returned to Australia after that day |
| Section 7(2B) | The person was residing in Australia but temporarily absent on 26 February 2001, held a special category visa immediately before the absence, was receiving a social security payment on that day, and returned within the period set by that subsection |
| Sections 7(2C) and 7(2D) | The person commenced or recommenced residing in Australia in the three months beginning on 26 February 2001, or was residing here but temporarily absent on that day without a payment — each protected only for a limited period unless a determination by the Secretary is in force, or a payment claim was granted on that basis within the period |
Key facts
the eligible New Zealand citizen test is a status test fixed to 26 February 2001. It is not about how long the sponsor has been here, what they earn, or whether they own a home. A New Zealand citizen who first arrived after February 2001 will usually not meet it.
Older guides sometimes describe the definition differently, as a test about health and character at the sponsor's last entry together with presence on or before a set date. That is not what regulation 1.03 said when it was read on 23 September 2026: the wording checked on that date is the single sentence quoted above, which works entirely through section 7 of the Social Security Act 1991. Definitions like this are amended from time to time, so read the current text before acting on it.
How does a New Zealand citizen prove the status?
By evidence going to the limb that applies to them, not by length of residence. The Department of Home Affairs requires evidence of the sponsor's status with the application, and says that "a driver's licence or Medicare card is not sufficient evidence". For a New Zealand sponsor there are two questions, and both have to be answered:
- Are they a New Zealand citizen holding a subclass 444 visa? The passport and a check of the visa record through VEVO deal with this part. The subclass 444 is a digital visa with no label in the passport.
- Do they meet one of the limbs in section 7? This is the part people cannot answer from memory. It turns on presence in, or residence in, Australia around a date more than two decades ago, so the evidence is historical: travel and movement records, and, for the limbs that depend on it, a determination made by the Secretary under section 7(2E) to (2G) or a record that a payment was granted on the basis that the person was a protected SCV holder. Because this is a social security status, records held by Services Australia are often where the evidence sits.
A sponsor who is not sure should establish the position before anything is lodged. The sponsorship is a separate decision, approved or refused on its own terms, as set out under who can sponsor an 820 visa.
What happens if the sponsor is not an eligible New Zealand citizen?
Clause 820.211 of Schedule 2 is not satisfied, because it requires the applicant's spouse or de facto partner to be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. There is no discretion in the definition and no waiver of it. That is not the end of the couple's options, but the alternatives all involve the sponsor's own status changing first:
- The sponsor obtains an Australian permanent visa. Regulation 1.03 defines an Australian permanent resident as a non-citizen who, being usually resident in Australia, holds a permanent visa. New Zealand citizens have permanent visa pathways of their own; which one fits is a question for advice.
- The sponsor becomes an Australian citizen. Citizenship removes the question entirely.
- A different visa suits the couple better. Where the sponsor holds a subclass 444, the New Zealand family relationship pathway is sometimes raised as an alternative. The trade-offs are set out under 820 vs the New Zealand family visa.
Whichever route is taken, the sponsorship limits still apply. A sponsor who came to Australia on a partner visa themselves, or has sponsored before, has to clear sponsorship limitations, and a conviction raises the separate questions under sponsor character checks.
The trap for New Zealand passport holders who hold the 820
This one catches applicants, not sponsors, and it is easy to trigger by accident at an airport. If you hold a New Zealand passport and have been granted a subclass 820 visa, the Department of Home Affairs says you must tell the border officer that you hold a temporary Partner visa and that you do not want a Special Category subclass 444 visa. Its warning is blunt: "Grant of a subclass 444 visa will override your temporary Partner visa. This means you will not be eligible for the permanent Partner visa (subclass 801)."
The mechanism is section 82(2) of the Migration Act 1958: a substantive visa ceases to be in effect if another substantive visa comes into effect. The subclass 444 is a substantive temporary visa, so if it is granted the 820 ceases. Clause 801.221 of Schedule 2 requires an applicant for the permanent visa to be the holder of a subclass 820 visa, so the permanent stage falls away with it. The Department puts the point generally: "If you are granted any other visa, you will no longer be eligible for the grant of the permanent Partner visa (subclass 801)."
Practical consequences:
- It applies every time you enter Australia while the 801 is pending, not only the first time. Read travelling on a granted 820 before booking.
- It can be triggered by automated processing as easily as by a conversation, so say it early and check your visa record in VEVO after arrival.
- There is no rule forcing a New Zealand citizen to take the 444, but the visa that is granted is the visa that governs, and the permanent stage needs the 820 to still be in effect. See subclass 801 permanent visa.
An application prepared by an immigration lawyer is more likely to succeed where New Zealand citizenship is on either side of the couple. The eligible New Zealand citizen definition is the criterion most often assumed rather than checked, and it is checked against records from 2001 that take time to obtain.
Next: confirm the sponsor's status, then work through the rest of the sponsorship under who can sponsor an 820 visa. If the 820 is already granted, see 820 visa conditions and obligations.
Common questions
Can a New Zealand citizen on a subclass 444 visa sponsor a partner visa?
Only if they are an eligible New Zealand citizen. Regulation 1.03 of the Migration Regulations 1994 defines that term as a New Zealand citizen who is a protected SCV holder within the meaning of section 7 of the Social Security Act 1991. Holding a Special Category subclass 444 visa is necessary but not sufficient. The test also requires a connection to Australia around 26 February 2001, so most New Zealand citizens who arrived after that date do not meet it.
What is a protected SCV holder?
Section 7 of the Social Security Act 1991 sets out four ways a person can be one. In outline, a person is a protected SCV holder if they were in Australia on 26 February 2001 and held a special category visa that day, or had been in Australia for 12 months in total in the two years immediately before that date and returned afterwards. Further limbs cover people who were residing in Australia but temporarily absent on that date, and people who commenced or recommenced residing in Australia in the three months beginning on 26 February 2001, subject to time limits and a determination by the Secretary.
My New Zealand partner arrived in 2015. Can they sponsor me?
Almost certainly not as an eligible New Zealand citizen, however long they have lived, worked and paid tax here. The usual routes are for them to obtain an Australian permanent visa, or to become an Australian citizen, and then sponsor. Both change their status for the purposes of regulation 1.03, because an Australian citizen or an Australian permanent resident can sponsor without meeting the eligible New Zealand citizen test at all.
I hold an 820 visa and a New Zealand passport. What do I tell the border officer?
Tell the officer you hold a temporary Partner visa and that you do not want a Special Category subclass 444 visa. The Department of Home Affairs warns that the grant of a subclass 444 visa will override your temporary Partner visa, and that you will then not be eligible for the permanent Partner visa subclass 801. Section 82 of the Migration Act 1958 is the mechanism: a substantive visa ceases when another substantive visa comes into effect.
Does the eligible New Zealand citizen test depend on how long the sponsor has lived in Australia?
No. It is a status test tied to a fixed date. Years of residence, home ownership, employment and tax history in Australia do not make a New Zealand citizen an eligible New Zealand citizen if none of the limbs in section 7 of the Social Security Act 1991 applies to them.
Sources
Keep reading
Sponsorship Limitations: Previous Sponsorships and the Five-Year Rule
How regulation 1.20J limits partner visa sponsorship: two partners, five years between applications, the waiver, and the rules on sponsor convictions.
Read the guide →
Sponsor Character Checks and Police Certificates
What police checks an 820 sponsor can be asked for, which convictions stop a sponsorship being approved, and what the applicant is told.
Read the guide →
Can a Sponsor Withdraw Sponsorship?
What happens if an 820 sponsor withdraws, why the sponsor cannot be changed, and the provisions that can still lead to a permanent partner visa.
Read the guide →