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Residence Category for Victims of People Trafficking

Enables victims of people trafficking to remain in New Zealand when they cannot return home due to danger, risk of re-victimisation, or stigma and financial hardship.

Status
active
Updated
2026-05-01
Also known as
Residence for victims of people trafficking
Sources
S4.15S4.15.1S4.15.5S4.15.10S4.15.15S4.15.20WI16

At a glance

The Residence Category for Victims of People Trafficking enables victims of people trafficking to remain in New Zealand when they cannot return home because they would be endangered, at risk of re-victimisation, or face significant social stigma and financial hardship. [S4.15.1]

How to apply

Applications must be made in the prescribed manner (see general residence application requirements), but an immigration officer may waive the application fee and police certificates if they are unavailable from a particular country. [S4.15.15] Where police certificates are waived, the applicant must provide a statutory declaration in line with character requirements. [S4.15.15]

Applications under this category will be given priority processing and are determined by immigration officers who have received specialist training on this category. [S4.15.20]

Eligibility criteria

To be eligible, an applicant must be in New Zealand and: [S4.15.5]

  • hold a special temporary visa for victims of people trafficking under the Special Work Visa for Victims of People Trafficking (see that page) [WI16];
  • have certification from the New Zealand Police that they are believed to be a victim of people trafficking;
  • have certification from the Police that they have not obstructed the police investigation during the validity of their special temporary visa;
  • be unable to return to their home country (see evidence criteria below);
  • meet health and character requirements (see Health requirements and Character requirements).

Despite the above, child applicants are exempt from providing the Police certification that they have not obstructed the investigation. [S4.15.5] A child victim is a person under 18 at the time they were identified as a trafficking victim. Children may be unaccompanied or accompanied by parent(s). [S4.15.5 note]

Evidence of inability to return to the home country

Applicants must provide evidence, either through documents or an interview with an immigration officer, that returning to their home country would result in: [S4.15.10]

  • endangerment; or
  • risk of re-victimisation; or
  • risk of significant social stigma and financial hardship.

INZ may refer to any relevant information when determining an applicant's ability to return. [S4.15.10]

Interpretation & edge cases

  • Objective and international obligations: The category seeks to protect victims and facilitate prosecution of trafficking offenders, reflecting New Zealand's international obligations. [S4.15.1]
  • Priority and specialist decision‑makers: Applications receive priority and are determined only by officers with specialist training. [S4.15.20] For child applicants, decisions must be based on the 'best interest of the child', with advice from Child Youth and Family. [S4.15.20]
  • Police certification nuances: The non‑obstruction requirement applies only while the special temporary visa is valid; it does not extend to any period before or after. Children are entirely exempt.
  • Fee and certificate waivers: Delegated immigration officers can waive the application fee and police certificate requirements; if waived, a statutory declaration must still be made and provided. [S4.15.15]
  • Special work visa for victims of people trafficking (WI16): The eligibility requirement to hold a special temporary visa refers to the Special Work Visa for Victims of People Trafficking under WI16. This visa is a prerequisite for residence under this category. [WI16]
  • Relationship to Victims of Family Violence category: Both categories provide residence pathways for vulnerable victims, with similar application waivers and priority processing, but they differ in eligibility triggers and evidence requirements. See Residence Category for Victims of Family Violence.
  • Temporary student visa for child victims: A child victim of trafficking who wishes to study may be granted a special student visa under the student visa category for child victims of people trafficking. See Student Visa for Child Victims of People Trafficking.

Citations

Residence Category for Victims of Family Violence

Allows partners of New Zealand citizens or residents who have experienced family violence to apply for residence when they cannot return home due to stigma or lack of financial support.

Residual PAC Places Category

Fills unfilled annual quota places under the Pacific Access Category by calling for resident visa applications from eligible citizens of those countries who are already in New Zealand.

On this page

At a glanceHow to applyEligibility criteriaEvidence of inability to return to the home countryInterpretation & edge casesCitations