For these provisions, a permanent resident is a foreign national who:

  • Before 1 September 1994 has been granted an entry permit by DIAC authorising him or her to live in Australia without any time limits. This does not include people who entered Australia and were exempted from the need to hold an entry permit under the provisions of the Migration Act 1958 – for example:
      • Members of the Defence Forces of the Crown or a Government recognised by the Commonwealth entering Australia;
      • Diplomatic or consular representatives, their staff and family;
      • Crew members of vessels entering Australia;
      • New Zealand citizens not in possession of a permanent entry permit who last arrived in Australia on or after 26 January 1973;
      • Permanent residents of the Territory of Norfolk Island not in possession of a permanent entry permit who last arrived in Australia (including Norfolk Island) on or after 1 July 1981;

  • After 1 September 1994 has been granted a permanent visa; or

  • Is a New Zealand citizen who meets the requirements of the Australian Citizenship Act 1948 (see Applicants born in Australia to New Zealand parents); and

  • Was not deported or removed from Australia.