{"id":"F2022L01628","name":"Australian Citizenship (Permanent Resident) Determination (LIN 22/103) 2022","slug":"australian-citizenship-permanent-resident-determination-lin-22-103-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102937,"registerId":"commonwealth-F2022L01628-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australian Citizenship (Permanent Resident) Determination (LIN 22/103) 2022","content":"![Commonwealth Coat of Arms](image.001.png)\n\nLIN 22/103\n\nAustralian Citizenship (Permanent Resident) Determination (LIN 22/103) 2022\n\nmade under the Australian Citizenship Act 2007\n\nCompilation no. 1\n\nCompilation date 1 July 2023\n\nThis compilation was prepared by the Department of Home Affairs on 1 July 2023 taking into account amendments up to Australian Citizenship (Permanent Resident) Amendment Determination (LIN 23/024) 2023.\n\n1 Name\n\nThis instrument is the Australian Citizenship (Permanent Resident) Determination (LIN 22/103) 2022.\n\n3 Definitions\n\nIn this instrument:\n\n> airline crew member has the meaning given by regulation 1.03 of the Migration Regulations 1994.\n\n> airline positioning crew member has the meaning given by regulation 1.03 of the Migration Regulations 1994.\n\n> dependent child has the meaning given by regulation 1.03 of the Migration Regulations 1994.\n\n> diplomatic or consular representative has the meaning given by subsection 5(1) of the Migration Act 1958.\n\n> return endorsement means a return endorsement issued under section 11A of the Migration Act 1958 before the day when the Statute Law (Miscellaneous Provisions) Act (No. 1) 1987 received the Royal Assent, other than a return endorsement that has expired or been cancelled, including a document or notation mentioned in subsection 9(3) of the Migration Amendment Act 1979.\n\n> spouse has the meaning given by regulation 1.03 of the Migration Regulations 1994.\n\n> Subclass 189 visa means the Subclass 189 (Skilled—Independent) visa prescribed by the Migration Regulations 1994.\n\nNote Some terms have the same meaning as in the Act, including ordinarily resident, special category visa and special purpose visa.\n\n4 Persons who hold a special category visa\n\n(1) For subsection 5(2) of the Act, this section applies to a person who:\n\n(a) is a New Zealand citizen; and\n\n(b) holds a special category visa; or\n\n(c) both:\n\n(i) held a special category visa on or after 1 July 2023; and\n\n(ii) holds a permanent visa which was granted to the person on or after 1 July 2023.\n\n(2) The person is taken to have become a permanent resident on 1 July 2022 if the person was granted a special category visa before 1 July 2022.\n\n(3) The person is taken to have become a permanent resident on the day between 1 July 2022 and 30 June 2023 when the person was granted a special category visa for the first time.\n\n(4) The person is a permanent resident if the person is granted a special category visa on or after 1 July 2023.\n\n(5) However, this section does not apply to a person who:\n\n(a) is in Australia as a diplomatic or consular representative of New Zealand; or\n\n(b) is the spouse or dependent child of a diplomatic or consular representative of New Zealand.\n\n5 Persons who have held a special category visa\n\n(1) For subsection 5(2) of the Act, this section applies to a person who:\n\n(a) is a New Zealand citizen; and\n\n(b) is outside of Australia but not because the person was removed or deported from Australia under the Migration Act 1958; and\n\n(c) immediately before last leaving Australia, was the holder of:\n\n(i) a special category visa; or\n\n(ii) a special purpose visa taken to have been granted on the basis of the person’s status as an airline crew member or an airline positioning crew member.\n\n(2) The person is taken to have become a permanent resident on 1 July 2022 if the person was granted a special category visa before 1 July 2022.\n\n(3) The person is taken to have become a permanent resident on the day the person was granted a special category visa for the first time if the person was granted a special category visa between 1 July 2022 and 30 June 2023.\n\n(4) The person is a permanent resident if subsection (1) applies to the person on or after 1 July 2023.\n\n(5) However, this section does not apply to a person who, when the person was last in Australia, was in Australia as:\n\n(a) a diplomatic or consular representative of New Zealand; or\n\n(b) the spouse or dependent child of a diplomatic or consular representative of New Zealand.\n\n(6) A reference in this section to a person who has been removed or deported from Australia under the Migration Act 1958 does not include a person covered by subregulation 5.15A(3) of the Migration Regulations 1994.\n\n6 Persons who have held special category visa—Subclass 189 visa holders\n\n(1) For subsection 5(2) of the Act, a person is taken to have become a permanent resident on 1 January 2022 if the person:\n\n(a) is a New Zealand citizen; and\n\n(b) has held a special category visa; and\n\n(c) either:\n\n(i) is the holder of a Subclass 189 visa in the New Zealand stream which was granted to the person after 31 December 2021 and before 1 July 2023 (the primary visa holder); or\n\n(ii) is the holder of a Subclass 189 visa who satisfied the secondary criteria and is a member of the family unit of the primary visa holder.\n\n(2) However, subsection (1) does not apply to a person who:\n\n(a) is in Australia as a diplomatic or consular representative of New Zealand; or\n\n(b) is the spouse or dependent child of a diplomatic or consular representative of New Zealand.\n\n7 Persons in Norfolk Island or Territory of Cocos (Keeling) Islands\n\n(1) For subsection 5(2) of the Act, a person is a permanent resident if the person:\n\n(a) is present in Norfolk Island or the Territory of Cocos (Keeling) Islands; and\n\n(b) is not an Australian citizen; and\n\n(c) subsection (2) or (3) applies.\n\n(2) For a period when the person was present in Norfolk Island or the Territory of Cocos (Keeling) Islands before 1 October 2017, the person’s presence:\n\n(a) was not in contravention of a law of Norfolk Island or the Territory of Cocos (Keeling) Islands; and\n\n(b) either:\n\n(i) was not, during the period when the person was present, subject to any limitation of time imposed by law; or\n\n(ii) was subject to a limitation of time imposed by law, if the person would have been a permanent resident if the person:\n\n(A) had been present in Australia (other than in Norfolk Island or the Territory of Cocos (Keeling) Islands) in that period; or\n\n(B) had been present on another of the islands of Norfolk Island or the Territory of Cocos (Keeling) Islands in that period.\n\n(3) For a period when the person was not present in Australia before 1 October 2017, the person was the holder of, or was taken to have been the holder of:\n\n(a) a visa of a class mentioned in Schedule 1; or\n\n(b) a return endorsement; or\n\n(c) a document or endorsement in force under a law of Norfolk Island or the Territory of Cocos (Keeling) Islands entitling the holder to rights equivalent to those associated with a visa of a class mentioned in Schedule 1 or a return endorsement.\n\nSchedule 1 Classes of visas\n\n(paragraph 7(3)(a))\n\n| Item | Class of visa |\n| ---- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 1 | Document or notation permitting residents to return to Australia, issued before 1 November 1979 |\n| 2 | Resident return visa, within the meaning of regulation 29AC of the Migration (1959) Regulations |\n| 3 | Return visa, within the meaning of regulation 2 of the Migration (1989) Regulations |\n| 4 | Group 1.4 (resident return (permanent entry)) visa, within the meaning of the Migration (1993) Regulations |\n| 5 | Document or notation mentioned in item 1, or visas mentioned in item 2, 3 or 4 that continued in force after 31 August 1994 as transitional (permanent) visa by the Migration Reform (Transitional Provisions) Regulations |\n| 6 | Return (Residence) (Class BB) visa, within the meaning of the Migration Regulations 1994 |\n\n> Notes\n\n> Note: This compilation comprises Australian Citizenship (Permanent Resident) Amendment Determination (LIN 23/024) 2023 amended as indicated in the following tables.\n\n> Note: > Note: Table of\n> \n> instruments\n\n| Name | Registration | Number | Commencement | Application, saving or transitional provisions |\n| ------------------------------------------------------------------------------------- | ------------ | ----------- | ------------ | ---------------------------------------------- |\n| Australian Citizenship (Permanent Resident) Determination (LIN 22/103) 2022 | 12 Dec 2022 | F2022L01628 | 1 Jan 2023 | – |\n| Australian Citizenship (Permanent Resident) Amendment Determination (LIN 23/024) 2023 | 2 June 2023 | F2023L00680 | 1 July 2023 | – |\n\n> Note: > Note: Table of amendments\n\n```html\n

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

s 2..................

rep. Legislation Act 2003, s. 48D [auto repeal of commencement provision]

s 3..................

am. LIN 23/024

s 4..................

rs. LIN 23/024

s 5 ..................

rs. LIN 23/024

s 8..................

rep. Legislation Act 2003, s. 48C [auto repeal of repeal provision]

\n```","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose of defining 'permanent resident' for citizenship purposes. The 2023 amendments expanded coverage to include people who held SCVs and later got permanent visas (section 4(1)(c)), and refined the overseas New Zealand citizen provisions, but these are natural extensions of the original scheme rather than scope creep."},"complexity_factors":["Multiple overlapping date-based regimes (1 July 2022, 1 January 2022, 1 July 2023, 1 October 2017) creating different rules for different cohorts","Cross-references to external legislation including Migration Act 1958, Migration Regulations 1994, and Australian Citizenship Act 2007","7 defined terms that themselves reference other instruments (cascading definitions)","Conditional logic with multiple exceptions (diplomatic representatives excluded in sections 4, 5, and 6)","Historical visa classes in Schedule 1 dating back to 1979, requiring knowledge of repealed migration legislation","Nested subsections with multiple criteria (e.g., section 6(1)(c)(ii) has three levels of nesting)","Transitional provisions treating the same person differently depending on exact timing of visa grants"],"plain_english_summary":"This legislation determines who counts as a 'permanent resident' for Australian citizenship purposes, with a particular focus on New Zealand citizens and people in Australia's external territories.\n\n**What it does:**\n\nThe main Australian Citizenship Act says you generally need to be a 'permanent resident' to become an Australian citizen. This Determination fills in the details of who meets that definition in specific situations.\n\n**Key groups affected:**\n\n- **New Zealand citizens on Special Category Visas (SCVs):** Since 1 July 2022, many New Zealand citizens living in Australia on SCVs are automatically treated as permanent residents for citizenship purposes. This applies whether they're currently in Australia, temporarily overseas, or have since gotten a permanent visa. The exact date they're deemed to have become a permanent resident depends on when they first got their SCV.\n\n- **New Zealand citizens who got a Skilled Independent (Subclass 189) visa in the 'New Zealand stream':** These people (and their family members) are treated as having become permanent residents from 1 January 2022, even if their visa was granted later.\n\n- **People in Norfolk Island or the Cocos (Keeling) Islands:** The rules ensure people legally present in these territories before October 2017 are treated as permanent residents if they would have been considered permanent residents under mainland Australian rules.\n\n**Who is excluded:**\n\nDiplomatic staff from New Zealand and their immediate family members don't get these benefits.\n\n**Why it matters:**\n\nThis legislation is particularly significant for New Zealand citizens who've lived in Australia long-term on SCVs. Before these changes, they were in a kind of limbo—living and working in Australia permanently but not officially 'permanent residents,' which blocked them from citizenship. These rules create a pathway to citizenship by backdating their permanent resident status."},"summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument is a legislative determination that defines who is taken to be a permanent resident under the Australian Citizenship Act 2007, compiled as at 1 July 2023."},"complexity_factors":["Multiple categories of people with different effective dates for permanent residence","Backdating provisions that span several time periods","Interaction with migration legislation definitions (special category visa, Subclass 189, airline crew)","Exceptions for diplomatic representatives and removal or deportation cases"],"plain_english_summary":"This instrument defines who counts as a permanent resident for the Australian Citizenship Act, chiefly affecting New Zealand citizens with Special Category Visas and certain residents of Norfolk Island and the Cocos (Keeling) Islands. The practical effect is that people treated as permanent residents under these rules meet the residency requirement for citizenship by conferral, often enabling earlier applications.\n\nIt backdates or fixes the date a person becomes a permanent resident based on when an SCV or certain 189 visas were granted, with narrow exclusions for NZ diplomatic/consular representatives and their families."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The compilation and amendment notes show LIN 23/024 replaced or amended key provisions (notably ss 3–5), modifying which New Zealand citizens are taken to be permanent residents and the effective deeming dates (for example adding treatment of persons granted permanent visas on or after 1 July 2023 and specifying distinct dates for Subclass 189 holders). The amendment table records these replacements, so the qualifying population and timing were altered from the original instrument."},"complexity_factors":["Multiple temporal deeming rules with different effective dates (e.g. 1 January 2022, 1 July 2022, and provisions applying on or after 1 July 2023) (see ss 4–6).","Numerous cross‑references to external instruments and definitions (Migration Regulations reg 1.03; Migration Act 1958 definitions; historical return endorsements) (see s 3 and definitions).","Separate rules depending on whether the person is in Australia, outside Australia, or present in Norfolk Island/Cocos (see ss 4, 5 and 7).","Special‑case treatment for Subclass 189 (New Zealand stream) primary and secondary family members with a distinct deeming date (see s 6).","Explicit exceptions for diplomatic or consular representatives and their spouses/dependent children in multiple provisions (see ss 4(5), 5(5), 6(2)).","Schedules listing historical visa classes and multiple legacy visa categories that must be interpreted against past regulations (see Schedule 1 and s 7(3)).","Compilation and amendment history showing sections were replaced or amended by LIN 23/024, requiring attention to which text is current (see compilation notes and table of amendments).","Interplay with removal/deportation exclusions and specific subregulation references (see s 5(6) and cross‑reference to subregulation 5.15A(3) of the Migration Regulations 1994)."],"plain_english_summary":"This instrument treats particular New Zealand citizens who hold, or held, a special category visa (and some related visas) as \"permanent residents\" for the purposes of the Australian Citizenship Act, by fixing dates on which they are taken to have become permanent residents. It affects New Zealand citizens (including certain Subclass 189 New Zealand‑stream holders), people who last held a special category or special purpose visa while outside Australia, and certain residents of Norfolk Island and the Cocos (Keeling) Islands, subject to diplomatic exceptions; the deeming dates change when they become eligible for citizenship."}},"importantCases":[],"_links":{"self":"/api/acts/australian-citizenship-permanent-resident-determination-lin-22-103-2022","history":"/api/acts/australian-citizenship-permanent-resident-determination-lin-22-103-2022/history","analysis":"/api/acts/australian-citizenship-permanent-resident-determination-lin-22-103-2022/analysis","conflicts":"/api/acts/australian-citizenship-permanent-resident-determination-lin-22-103-2022/conflicts","importantCases":"/api/acts/australian-citizenship-permanent-resident-determination-lin-22-103-2022/important-cases","documents":"/api/acts/australian-citizenship-permanent-resident-determination-lin-22-103-2022/documents"}}