Special Work Visa for Refugee or Protection Status Claimants

At a glance

Refugee and protection status claimants in New Zealand who have confirmed their claim in writing, hold a current temporary visa, and show a need to work may apply for a Special Work Visa under WI6. [WI6][WI6.1] The visa allows the claimant to work for a specified employer in a specified occupation and location while their refugee or protection claim is being determined. [WI6] The grant of this visa is discretionary and subject to conditions. [WI6]

How to apply

Applications must be made in the prescribed manner for lodging a temporary entry class visa application (see E4). [E4] To apply for a Special Work Visa under WI6, the applicant must submit a completed Work Visa Application form (INZ 1015) together with the prescribed fee to an INZ office. [WI6] The application must be lodged before the applicant's current temporary visa expires. [WI6]

An appropriately delegated immigration officer may waive the requirement to produce evidence of funds or sponsorship, the requirement to produce evidence of travel tickets or onward travel arrangements, and the requirement to produce a job offer by special direction. [WI6.10]

The following documents ordinarily accompany the application:

• Evidence that the claimant has confirmed their claim for refugee or protection status in writing in the prescribed manner under C3.25. [WI6]
• Evidence of the need to work, such as a bank statement confirming that the claimant has insufficient funds to support themselves. [WI6.1]
• A valid offer of employment for a position that is not on any list of occupations that cannot be filled by refugee or protection status claimants (if such a list exists), unless waived under WI6.10. [WI6][WI6.10]
• Any other evidence required by the generic temporary entry instructions, including health and character information, unless waived by a special direction. [WI6]

Appropriately delegated immigration officers may waive certain lodgement requirements by special direction. [WI6] An application fee is payable unless waived. [WI6]

Eligibility criteria

An applicant may be granted a Special Work Visa under WI6 if:

• the applicant is in New Zealand; [WI6]
• the applicant has made a claim for refugee or protection status and confirmed that claim in writing in the prescribed manner; [WI6]
• the applicant holds a current temporary visa; [WI6][WI6.1]
• the applicant shows a need to work to support themselves, demonstrated by evidence such as a bank statement confirming insufficient funds; [WI6.1]
• the applicant has a genuine offer of employment in a role that is not on a list of occupations restricted to claimants (if applicable); [WI6]
• the applicant meets the generic temporary entry requirements relating to health and character, or those requirements are waived by special direction. [WI6]

The visa is granted for a period linked to the expected duration of the claim determination, up to a maximum of 12 months. [WI6] It may be renewed if the claim is still undetermined. [WI6] The visa will include conditions restricting the holder to work only for the specified employer, in the specified occupation, and in the specified location. [WI6]

Interpretation & edge cases

• The WI6 Special Work Visa is distinct from the visitor visa normally granted to claimants under E8.10; it is specifically for claimants who wish to undertake employment during the determination of their claim. [WI6]
• The requirement to have a confirmed claim in writing means that a claimant who has merely expressed an intention to claim but has not yet completed the formal confirmation process cannot apply for this visa. [WI6]
• The need to work must be evidenced; a bank statement showing insufficient funds is one form of evidence, but immigration officers may consider other documentary evidence demonstrating financial need. [WI6.1]
• The visa does not carry travel conditions; leaving New Zealand will result in the claim being treated as withdrawn. [WI6]
• Renewal is possible only while the claim remains undetermined and the applicant continues to meet the eligibility criteria. [WI6]
• Special directions may be used to waive certain lodgement or generic temporary entry requirements in appropriate cases, but the core requirements of holding a current temporary visa, having a confirmed claim, showing a need to work, and having a qualifying job offer cannot be waived. [WI6][WI6.1]
• Under WI6.10, an appropriately delegated immigration officer may waive the requirement to produce a job offer at the time of application; this does not remove the underlying eligibility requirement to have a qualifying job offer, but it relieves the applicant from providing documentary evidence of the offer with their application. [WI6.10]
• Any work visa granted under this provision may be endorsed with conditions that allow work for any employer, rather than restricting the holder to a specified employer. [WI6.10] This means an immigration officer can choose to issue a visa that does not tie the claimant to a single employer, providing greater flexibility while the claim is being processed.
• Immigration officers should refer to the temporary visa instructions at [E8.10] for further guidance on temporary visas for refugee or protection status claimants. [E8.10]
• Claimants who are sponsored for a particular period or who arrived in New Zealand with sufficient funds for a particular period are unlikely to be granted a special work visa for that period [WI6.5].
• Persons who are not eligible for a special work visa under this provision may apply under the provision for work visas in WK, but must meet all the requirements of those instructions [WI6.5].
• Despite the general provision under WI6 that an application fee is payable unless waived, claimants are exempt from paying the application fee, Immigration Levy, and the International Visitor Conservation and Tourism Levy under WI6.5 [WI6.5].

Citations

• WI6 — Special work visas for refugee or protection status claimants
• WI6.1 — Who is eligible for a special work visa
• E8.10 — Temporary visas for refugee or protection status claimants
• WI6.5 — Who is not normally eligible for a special work visa
• WI6.10 — Making an application
• E4 — Lodging an application for a temporary entry class visa