Kiwi migrants who settled in Australia before 2001 have an easier path to citizenship than those who came later.

Australia says it has no intention of changing a law that allows Kiwis who moved to Australia before 2001 to gain citizenship faster.

Kiwis who moved to Australia before 2001 were urged to apply for citizenship before a Legislative Instrument that treated them as permanent residents for the purposes of citizenship applications expired in October.

But Australia has since said it has "no intention" of altering the policy settings.

The law allows Kiwis who were residents in Australia on or before February 26, 2001 to apply for citizenship by virtue of holding permanent residency.

READ MORE:

* Australia opens doors for Kiwis in breakthrough agreement

* Kiwi expats in Australia welcome agreement

However, Kiwis who settled in Australia after that date must first apply for permanent residency before subsequently applying for citizenship, putting them in competition with skilled workers from all over the world.

While they did not specifically commit to extending the Legislative Instrument, a spokeswoman for the Australian Department of Immigration and Border Protection said they had no intent to alter the settings.

"The Australian Government has no intention of altering the policy settings relating to New Zealand citizens covered by the 2001 transitional arrangements."

"New Zealand citizens who meet transitional arrangements put in place in 2001 continue to be treated as a permanent resident for the purposes of the Australian Citizenship Act 2007."

New Zealand's Ministry of Foreign Affairs and Trade sought and obtained similar advice.

Australian residency and citizenship confers access to many social services inaccessible to Kiwis who arrived after 2001, who are deemed "temporary" visa holders.

"The crux of it is that if you are already deemed to be a permanent resident it is much easier to become a citizen," immigration lawyer Jackson Taylor said.

The people applying for permanent residency from other parts of the world are likely to be qualified migrants filling skill shortages in Australia, and will thus have an easier ride than many Kiwis, Taylor said.

"Protecting Special Category Visa Holders" Facebook page admin Morgan Blake said up to 200,000 Kiwis in Australia could be affected.

The 2007 legislative instrument that treats Kiwis who were residents before 2001 as permanent residents is set to expire on October 1, and while Taylor expects it will be extended he thinks those eligible should apply to be safe.

"I think it's probably 95 per cent likely that it will be extended. But immigration in today's environment is very hard to predict."

"If they've got access now I would encourage everyone to take it now. You just never know in this environment."

Blake agreed that the law will probably be extended, but said Kiwis in Australia should take nothing for granted.

"The thing is Kiwis have a natural instinct to wonder what will happen, because there's been a 17-year history of reducing rights, and also not explaining what they are going to do.