Long battle ... former Kiwi soldier Duncan Sandilands will soon get his chance to join the Australian Army Source: News Limited

Duncan Sandilands has been battling with politicians, veterans groups, Defence and the Immigration Department in a bid to change laws than ban all 640,000 Kiwis living permanently in Australia under a Special Category Visa from fighting for their adopted country.

former Kiwi soldier Duncan Sandilands will soon get his chance to join the Australian Army. Source: News Limited

Only citizens or permanent residents who have applied for citizenship can join the Australian Defence Force.

Many foreign troops have been “laterally” recruited to fill specialist positions and they are granted a fast track to citizenship.

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Tribute ... a soldier plays the last post during the unveiling of a memorial statue of a World War I Kiwi Digger on the ANZAC Bridge in Sydney. Source: AP

However Kiwis who want to join up as ordinary soldiers cannot do so without first taking out citizenship. That means going back to New Zealand and applying through the normal channels.

The anomaly also applies to the children of New Zealanders who have lived their whole lives in Australia but are not citizens.

Mr Sandilands, who began the “Fairgo4all” campaign, was told this month by Defence Force Recruiting that he was eligible to be assessed for service after being granted permanent residency.

“In light of your unique circumstances my Headquarters has advised that should you wish you can attend a One Day Model (ODM) assessment session which is generally reserved for regional candidates and special cases,” the letter said.

He plans to begin his test case next month and if successful he expected many more Kiwis to follow suit despite the bureaucratic obstacles.

Ban “ridiculous: ... troops landing at Anzac Cove, Gallipoli. Picture: Australian War Memorial. Source: News Corp Australia

Mr Sandilands, whose grandfather was an original Anzac at Gallipoli in 1915, said the ban on Kiwis serving was ridiculous given that Part IV of the Defence Act compels anyone who has lived in Australia for six months or more between the age of 18 and 60 to serve during a time of war.

“So the ADF believe we Kiwis can show loyalty in a time of war to our adopted country, but outside this, we are just another import [that the ADF doesn’t want], living in Australia,” he said.

He said it was even more ridiculous for the children of Kiwis who had grown up in Australia and served in the military cadets.

“They learned about honour and loyalty but when they turned 18 were told they couldn’t follow their mates into the ADF,” he said.

Sixteen-year-old Diana Drysdale from Scarborough near Brisbane is a Royal Australian Air Force cadet who calls Australia home but, because she is a dual New Zealand/British citizen, she cannot join the RAAF.

Dual citizen ... Diana Drysdale with a photo of her grandfather, who fought for the Royal New Zealand Air Force in World War Two. Picture Darren England. Source: News Limited

“But I live here; Australia is my home,” she said.

Her father was a pilot in the Royal New Zealand air force and her grandfather fought at Monte Cassino, in Italy, in 1944, where 343 New Zealanders fell against Nazi forces.

Defence Personnel Minister Stuart Robert has refused to meet with Mr Sandilands referring him to the Immigration Minister.

According to a government source defence was bound by the citizenship laws and citizens would always get preference.

The source said the government was also concerned about Kiwis trying to obtain citizenship ‘through the back door’ by joining the ADF.

“The ADF is recruiting well so if any Kiwis really want to join up they should go back to New Zealand and seek permanent residency and citizenship,” the source said.

Mr Sandilands called on Mr Robert and the government to give Kiwis living in Australia the right to, “Serve and protect our home, our families, our communities, Australia and yes, our Queen and the Commonwealth, as a member of the Australian Defence Force.”