Residence Category for Victims of Family Violence

At a glance

The Residence Category for Victims of Family Violence (also known as the Special Category for Victims of Family Violence) enables partners of New Zealand citizens or residence class visa holders to remain in New Zealand where the relationship ended because of family violence and they cannot return to their home country due to stigma or lack of independent financial support. [S4.5][S4.5.1]

How to apply

Applications must be made in the prescribed manner (see R2.40). An immigration officer may waive the application fee and may waive police certificates if they are unavailable from a particular country. [S4.5.20] Where police certificates are not available, the applicant must provide a statutory declaration detailing attempts to obtain a certificate, confirming any convictions, and corroborated by other character information. [S4.5.20]

Applications under this category will be given priority processing and are determined by immigration officers who have received specialist training on this category. [S4.5.25]

Eligibility criteria

To be eligible, an applicant must be in New Zealand and must: [S4.5.2]

• be, or have been, in a partnership (as defined in the Partnership Category Residence Visa) with a New Zealand citizen or residence class visa holder;
• have intended to seek a residence class visa on the basis of that partnership;
• have had the partnership end due to family violence by the New Zealand citizen/residence holder or by someone with whom the applicant is living in a family relationship;
• be unable to return to their home country because:
  • they would have no means of independent financial support from employment or other means and no ability to gain financial support from other sources; or
  • they would be at risk of abuse or exclusion from their community because of stigma;
• meet health and character requirements (see Health requirements and Character requirements). [S4.5.2]

Note: 'Family relationship' has the meaning set out in section 12 of the Family Violence Act 2018. [S4.5.2 note]

Evidence of family violence

The applicant must provide evidence of family violence. Acceptable evidence includes: [S4.5.5]

• a final Protection Order under the Family Violence Act 2018 against the partner or person living in a family relationship;
• a relevant New Zealand conviction against that person for a family violence offence against the applicant or a dependent child;
• a complaint investigated by the New Zealand Police where Police are satisfied family violence occurred;
• a statutory declaration from the applicant and two statutory declarations from competent professionals that family violence has occurred.

'Family violence' has the meaning in section 9 of the Family Violence Act 2018. [S4.5.5 note]

Persons competent to make statutory declarations

Acceptable professionals for the statutory declarations under S4.5.5(d) are: [S4.5.6]

• registered social workers (or full members of ANZASW / State sector social workers);
• registered doctors;
• registered nurses;
• registered psychologists;
• counsellors (members of NZAC);
• experienced staff members of Oranga Tamariki approved women's refuges nominated by the National Collective of Independent Women's Refuges or Shakti Community Council.

The two professionals must be from different groups and must be unrelated professionally (e.g., not a doctor and nurse from the same practice). [S4.5.6] Immigration officers may verify declarations with the professional bodies. [S4.5.6]

Evidence of partnership

Evidence of the partnership with the New Zealand partner may include: marriage certificate, correspondence to both, communication, photographs, evidence of public recognition, cultural ceremonies, joint financial documents, birth certificates of children, and others. This list is not exhaustive. [S4.5.10]

Evidence of living in a family relationship with perpetrator

If the family violence was perpetrated by someone living in a family relationship (not the partner), the applicant must provide evidence that the perpetrator was living at the same address, such as: [S4.5.12]

• police confirmation that the violence was by someone living at the same address;
• a statutory declaration by the applicant;
• a statutory declaration by a professional listed in S4.5.6;
• other documentary evidence.

Evidence of inability to return to home country

Applicants must provide evidence, through documents and/or an interview with an immigration officer, that if they returned to their home country they would have no means of independent financial support and no ability to gain support, or would be at risk of abuse/community exclusion due to stigma. [S4.5.15] INZ may refer to any relevant information in assessing this. [S4.5.15]

Interpretation & edge cases

• Relationship to general instructions: The general residence application requirements (e.g., health, character) apply, but the immigration officer may waive the application fee and police certificates where unavailable. [S4.5.20]
• Priority processing: Applications under this category receive priority processing. [S4.5.25]
• Specialist decision‑makers: Determinations are made only by officers with specialist training, ensuring sensitivity to family violence dynamics. [S4.5.25]
• Objective aligns with international obligations: The category recognises New Zealand’s obligations under CEDAW and the Convention on the Rights of the Child. [S4.5.1]
• Evidence flexibility: While specific evidence types are listed, officers may consider other evidence (the list for partnership evidence is non‑exhaustive). The inability‑to‑return assessment can rely on interviews.
• No mention of dependent children: The instructions do not explicitly address inclusion of dependent children; general inclusion rules may apply.

Citations

• S4.5 — Residence Category for victims of family violence
• S4.5.1 — Objective
• S4.5.2 — Who is eligible for a resident visa for victims of family violence
• S4.5.5 — Evidence of family violence
• S4.5.6 — Persons competent to make a statutory declaration that family violence has occurred
• S4.5.10 — Evidence that the principal applicant has been in a partnership with a New Zealand citizen or residence class visa holder
• S4.5.12 — Evidence of living in a family relationship with the perpetrator of family violence
• S4.5.15 — Evidence of inability to return to the home country
• S4.5.20 — Making an application
• S4.5.25 — Determination of applications