Information about how we define an Australian resident.
An Australian resident is a person who is living in Australia and is either:
- an Australian citizen
- a permanent visa holder, or
- a protected Special Category Visa (SCV) holder
Special Category Visa (SCV) holder
People who arrive in Australia on a New Zealand passport are generally issued an SCV on arrival.
New Zealand citizens who arrived in Australia after 26 February 2001 are generally non-protected SCV holders. Therefore they do not meet the definition of Australian resident above. Read more about New Zealand citizens claiming payments in Australia.
Protected Special Category Visa (SCV) holder
Protected SCV holders are those who arrived in Australia on a New Zealand passport and:
- were in Australia on 26 February 2001
- were in Australia for 12 months in the 2 years immediately before this date, or
- were assessed as protected SCV holders before 26 February 2004
Protected Special Category Visa holders who are living in Australia meet the definition of an Australian resident.
Living in Australia
Living in Australia means Australia is your usual place of residence. That is, Australia is where you make your home.
When we are deciding whether you are living in Australia we will look at:
- the nature of your accommodation
- the nature and extent of your family relationships in Australia
- the nature and extent of your employment, business or financial ties with Australia
- the frequency and duration of your travel outside Australia, and
- any other matter we think is relevant
Generally you can only be a family member of a person if you are their partner or dependent child.
Temporary protection type visas
Temporary protection type visas include:
- subclass 070 - removal pending bridging
- subclass 449 - humanitarian stay
- subclass 695 - return pending
- subclass 785 - temporary protection
- subclass 786 - temporary (humanitarian concern)
- subclass 787 - witness protection (trafficking) (temporary)
- subclass 790 - safe haven enterprise (when available)
- subclass ZB 951 - criminal justice stay visa issued for the purpose of assisting in the administration of criminal justice in relation to the offence of people trafficking, sexual servitude or deceptive recruiting
Most temporary protection type visa holders cannot be paid their payments outside Australia for any reason.
If you hold a visa subclass 785 or 790 (when available), you may be paid outside Australia if you have an approved reason. Read more about payments while outside Australia.
Partner provisional and interdependency visas
Partner Provisional and Interdependency Visas include:
- subclass 820 - extended eligibility (spouse)
- subclass 820 - extended eligibility (partner)
- subclass 826 - interdependency (provisional)
- subclass 309 - spouse (provisional)
- subclass 309 - partner (provisional)
- subclass 310 - interdependency (provisional)
If you hold one of the above partner provisional or interdependency visas, you may be paid outside Australia if you have an approved reason. Read more about payments while outside Australia.