Moving between Australia and New Zealand is about as easy as going interstate; Australians need neither a passport nor a Visa. In many ways New Zealanders can live in Australia like local residents. One exception occurs if the foreign individual has a serious criminal record (12 month or more behind bars). Since December 2014 any such individual will be deported, including New Zealanders.
This new law will affect about 100 New Zealander presently in the country, many who have been here most of their lives. It has already affected many New Zealanders who have had Visas revoked, though this is apparently due to a backlog of application since the policy was introduced.
There is some concern for 200 New Zealanders in detention centres, though Prime Minister Mr Turnbull has said these individuals could return to New Zealand and make an appeals over their Visa revocations; there was no need for them to stay in Australia. No Migration Agent in Sydney has yet commented on the situation.
New Zealand Prime Minister Mr Key has expressed a hope that an exception might be made for any of his countrymen that have been in Australia long term without posing any real threat. Australian Prime Minister Mr Turnbull says no exception in the law will be made for New Zealand residents, though he did listen to the New Zealand labour leaders’ suggestion that discretion be used on a case by case basis.
It is unclear if the criminal record allows for the place or nature of the crime. Does a New Zealand resident who previously committed a crime in Australia get deported to New Zealand? It appears so, even though some individual have lived here since childhood and are effectively locals.
Immigration Lawyers in Sydney should be consulted with any concerns. Individuals being deported because of their previous crimes will not necessarily face any further criminal preceding other outside of the deportation.