What is the Special Category visa (subclass 444)?
The Special Category visa (subclass 444) is a temporary visa for New Zealand citizens, usually applied for each time they enter Australia, free of charge, and it ceases when they leave, according to Home Affairs’ “Subclass 444 Special Category visa (SCV)” page.
Home Affairs explains that entry is usually through an airport or seaport, or through SmartGate using a New Zealand passport. A new SCV is needed for each re-entry: it is not a permanent visa.
How do you know if you hold an SCV?
You know you hold an SCV by checking VEVO with a reference number, because the visa is linked digitally to your passport and carries no label, as Home Affairs’ “Subclass 444 Special Category visa (SCV)” page explains.
- Check your current visa: use VEVO with a reference number.
- Account for travel: Home Affairs says an SCV is usually granted on entry and ends when you leave.
- Check protected status separately: use the 26 February 2001 rule below.
Check-your-SCV card
Under Home Affairs’ “Subclass 444 Special Category visa (SCV)” guidance:
- How to check: VEVO, with a reference number.
- What you get: a visa linked digitally to your passport, no label.
- When it starts: usually granted on each entry, at the airport or seaport or through SmartGate with a New Zealand passport.
- When it ends: when you leave Australia; a new SCV is needed for each re-entry.
Checking that you hold a subclass 444 visa and checking whether your SCV is protected are separate questions. Do not assume that confirming the visa alone settles protected status.
Protected and non-protected SCV holders
Protected and non-protected SCV holders differ in what the law lets them count as: a protected holder is an “eligible New Zealand citizen” under regulation 1.03 of the Migration Regulations 1994 and, while residing in Australia, an “Australian resident” under section 7(2) of the Social Security Act 1991. A non-protected holder is not an eligible New Zealand citizen.
The table summarises those laws and Home Affairs’ “Entitlements for New Zealand citizens” guidance.
| Attribute | Protected SCV holder | Non-protected SCV holder |
|---|---|---|
| Who | Meets the 26 February 2001 rule, or a limited Centrelink-confirmed case | Everyone else holding an SCV |
| Eligible New Zealand citizen in law | Yes | No |
| Citizenship by conferral | Counted as a permanent resident for citizenship purposes | The same; able to apply for conferral since 1 July 2023 |
| Nominate an 858 applicant as an individual | Yes, with a national reputation in the applicant’s area | Not on SCV status alone; must qualify through Australian permanent residence or citizenship, with the required reputation |
The 26 February 2001 rule
The 26 February 2001 rule makes a New Zealand citizen a protected SCV holder if they were in Australia on 26 February 2001 as an SCV holder, or were in Australia for 12 months in the two years before that day and came back after it, under section 7(2A) of the Social Security Act 1991.
Protected-or-not decision strip
Follow these questions in order, using section 7 of the Social Security Act 1991 and Home Affairs’ “Entitlements for New Zealand citizens” page.
Were you in Australia on 26 February 2001 as an SCV holder?
Yes → protected SCV holder, under section 7(2A).If not, were you in Australia for 12 months in the two years before 26 February 2001 (Home Affairs: 365 days between 26 February 1999 and 25 February 2001), and did you come back after that day?
Yes → protected SCV holder.If neither, does one of the limited other cases in s 7(2B)–(2D) apply?
You need written confirmation from Centrelink, according to Home Affairs’ “Entitlements for New Zealand citizens” page.
Otherwise → non-protected SCV holder. Simply having lived in Australia sometime before 26 February 2001 does not establish that you meet the statutory test.
Can an SCV holder nominate an 858 applicant?
Yes, if the SCV is protected and the reputation requirement is met. Regulation 1.03 of the Migration Regulations 1994 defines an eligible New Zealand citizen as a protected SCV holder; the note to regulation 858.212 also requires a national reputation in the applicant’s area.
For the National Innovation visa (subclass 858), the Regulations therefore do not allow nomination based solely on a non-protected SCV. The person must instead qualify as an Australian citizen or Australian permanent resident; regulation 1.03 defines the latter as a non-citizen usually resident in Australia who holds a permanent visa.
Form 1000 includes the date-based test and Centrelink confirmation where applicable. It also warns that an application may be refused if the nominator falls outside the four permitted categories.
SCV holders and Australian citizenship
Home Affairs’ “Entitlements for New Zealand citizens” page counts SCV holders as permanent residents for citizenship purposes, and says non-protected SCV holders have been able to apply for citizenship by conferral since 1 July 2023.
That citizenship treatment does not make the SCV itself a permanent visa. For the separate residence test, see Australian citizenship requirements for 858 holders.
New Zealanders granted an 858: declining the SCV at the border
New Zealanders granted an 858, or any permanent visa, need to say on arrival that they do not want an SCV. Home Affairs’ “Subclass 444 Special Category visa (SCV)” page warns that otherwise an SCV may be granted and affect Resident Return visa eligibility.
Home Affairs’ National Innovation visa page says permanent residence starts on the day of grant. Regulation 858.511 provides a five-year travel facility; Home Affairs says that after it expires, a Resident Return visa (subclass 155 or 157) is needed to re-enter as a permanent resident.
New Zealand nominators and Form 1000
New Zealand nominators sign Form 1000 in Part B, the individual-nominator section (questions 37–47). Form 1000 asks eligible New Zealand citizens to meet the 26 February 2001 test, with written Centrelink confirmation for the limited other cases.
Start with proving an 858 nominator's status, then read the instructions for Form 1000 Part B. Status is only one requirement: the Migration Regulations 1994 also require a national reputation in the applicant’s area for the 858 visa.
In Form 1000, the nominator confirms that the applicant:
- has an internationally recognised record of exceptional and outstanding achievement;
- is currently prominent;
- will be an asset to Australia; and
- will obtain employment or become established in their area.
Form 1000 also requires that no fee be paid to the nominator, who declares that no fee has been received.
Frequently asked questions
How do I know if I have an SCV?
Home Affairs’ subclass 444 page says to check VEVO with a reference number; there is no visa label.
Are SCV holders permanent residents?
No. Home Affairs describes the SCV as temporary, but counts holders as permanent residents for citizenship purposes.
How do I know if my SCV is protected?
Apply section 7’s date-based test above; Home Affairs requires written Centrelink confirmation for the limited other cases.
Can a non-protected SCV holder nominate someone for an 858?
Not on that status alone. Under the Migration Regulations 1994, they must qualify through Australian permanent residence or citizenship and meet the reputation requirement.
Does a New Zealander granted an 858 still get an SCV on arrival?
Home Affairs says to decline it: otherwise an SCV may be granted and affect Resident Return visa eligibility.
Before signing Form 1000, ask an Australian migration lawyer to verify the New Zealand nominator’s protected SCV, permanent visa or citizenship status and obtain the required evidence.