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-   -   Leaving Australia without an exemption? (https://www.flyertalk.com/forum/oceania-australia-new-zealand-south-pacific/2025369-leaving-australia-without-exemption.html)

Croupier Sep 19, 2020 1:46 am

Leaving Australia without an exemption?
 
Does anyone out there know if Protected SCV 444 visa holders are allowed to leave Australia without an exemption.
my VEVO shows:

Visa description
TEMPORARY RESIDENT
Document number
XXXXXXX
Visa class / subclass
TY / 444


Just wondering if anyone has had any experience in this situation.
Will border force /check-in just go off Vevo records?
If they check my movement records it will be pretty clear im a protected SCV holder and classified as an eligible NZ citizen.

jridge Sep 19, 2020 2:31 am


Originally Posted by Croupier (Post 32686127)
Does anyone out there know if Protected SCV 444 visa holders are allowed to leave Australia without an exemption.

Seems pretty clear from the web site.
https://covid19.homeaffairs.gov.au/leaving-australia

You are exempt if you are:
  • ordinarily resident in a country other than Australia
  • an airline, maritime crew or associated safety worker
  • a New Zealand citizen holding a Special Category (subclass 444) visa
  • engaged in the day-to-day conduct of outbound freight
  • associated with essential work at Australian offshore facilities
  • travelling on official government business, including members of the Australian Defence Force


Croupier Sep 19, 2020 4:56 am

Interesting, so for social security purposes I'm considered an Australian resident but for immigration purposes im a temporary resident.
Guess i need an exemption to return home to Australia.
Been living in Australia for 44 years since I was 1yr old 🙄

Looks like I can therefore come and go as I please providing i have enough funds to pay for my hotel quarantine ect.

EDIT: It appears to me that eligible NZ citizens whom reside in Australia have more freedom of international movement than Australian citizens. Even Non protected SCV holders who's usual place of residence is Australia have more freedoms.

Mwenenzi Sep 19, 2020 2:33 pm

Wanting to travel to where?
Crossing a state border going in or out of Au? [More hassle than crossing the AU international border]

As a NZ citizen normally resident Australia, you do not need an exemption to return to Australia.
But can lodge a request if in doubt. With 44 year in Au unlikely to apply to you
https://covid19.homeaffairs.gov.au/a...anent-resident

Crossing some other state border requires permission and/or the 14 days isolation, at own cost.
WA requires an exemption to cross the state border.
https://www.wa.gov.au/organisation/d...irus-travel-wa


Some of these Government web pages were updated 17 Sept

Croupier Sep 19, 2020 5:15 pm


Originally Posted by Mwenenzi (Post 32687268)
Wanting to travel to where?
Crossing a state border going in or out of Au?

Overseas, as in the the title Leaving Australia.

nancypants Sep 19, 2020 5:48 pm

I don’t know enough about it but is there a risk to your Centrelink etc status if you leave on an “old” SCV and return on a new one (that doesn’t allow Centrelink or various other things)? If it was me I’d probably have lots of deeper questions “just in case”

Mwenenzi Sep 19, 2020 6:44 pm


Originally Posted by nancypants (Post 32687555)
I don’t know enough about it but is there a risk to your Centrelink etc status if you leave on an “old” SCV and return on a new one (that doesn’t allow Centrelink or various other things)? If it was me I’d probably have lots of deeper questions “just in case”

Yes. A new SCV 444 is issued every time the border is crossed. From 26 Feb 2001 new arrivals have been classified as "non-protected" SCV holders. Protected before that. Can make a big difference. Can also be messy depended on how long a person has been out of AU.
"Since 2001, Kiwi new arrivals have been classified as "non-protected" SCV holders Unlike all other permanent residents, they are not entitled to unemployment benefit, student loans and, depending on the state, disability and maternity support, social housing or transport concessions. This is because, technically, these Kiwis are only "temporarily" residing in Australia even if some of them have lived there since their were toddlers"

Croupier Sep 19, 2020 9:09 pm

Very complex and confusing.
i guess i need to apply for a resident return visa?

Travelling as a permanent resident

As an Australian permanent resident, there is a 5-year travel facility attached to your visa. You need to renew this when it expires if you want to travel outside Australia and return.

This also applies to New Zealand citizens who lived in Australia before 1 September 1994.

More information is in overseas travel as a permanent resident.

Interestingly I have never been asked for a resident return visa in all my years traveling in and out of Australia.

Mwenenzi Sep 19, 2020 9:45 pm


Originally Posted by Croupier (Post 32687874)
Very complex and confusing.
i guess i need to apply for a resident return visa?

Travelling as a permanent resident
As an Australian permanent resident, there is a 5-year travel facility attached to your visa. You need to renew this when it expires if you want to travel outside Australia and return.

This also applies to New Zealand citizens who lived in Australia before 1 September 1994.

More information is in overseas travel as a permanent resident.
Interestingly I have never been asked for a resident return visa in all my years traveling in and out of Australia.

Yes. Can be complex. SCV444 is not a permanent resident visa (~Peter Dutton). What travel out of AU that resets the clock is difficult to know. Exceptions that, as your 1994 reference? If you had never left AU would be clearer. From your post 1 Border Force says you are SCV444. Does it state "protected" or "unprotected"?

Nothing to lose by applying for (federal) permission to leave and re-enter.

I got my AU citizenship ~30 years ago. Now have AU & NZ passports. IMHO since 2001 has been worthwhile for NZ citizens living in AU to get the formal permanent resident visa or AU citizenship. In some ways refugees in AU have more rights in AU than someone from NZ who has been living/paying tax in AU for 20-30-40-50-60 years.

Croupier Sep 19, 2020 10:24 pm


Originally Posted by Mwenenzi (Post 32687931)
From your post 1 Border Force says you are SCV444. Does it state "protected" or "unprotected"?

Hi thanks for your input.
It states neither protected or unprotected what I posted was directly copied and pasted from the VEVO screen only i blanked out my passport number.

nancypants Sep 19, 2020 10:36 pm

Honestly it’s sufficiently complex that I’d want to ask for professional advice. Wouldn’t for example put it beyond this government to infer from you leaving as an SCV (vs PR- which would require an exemption) that you have voluntarily rescinded your protected status

but as I say, don’t know enough about this fairly complex subject

(caveat: I am assuming that your previous exits/entries post 2001 haven’t already affected that)


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