Special Work Visa for Victims of Family Violence

At a glance

The Special Work Visa for Victims of Family Violence is a temporary work visa that allows a person in New Zealand to work if they have been a victim of family violence and their partner relationship has ended because of that violence. [WI7.1] To be eligible, the applicant must have had a partnership with a New Zealand citizen or residence class visa holder and intended to seek residence based on that partnership, or hold a visa based on their relationship with a partner holding a temporary entry class visa. [WI7.1] The applicant must also demonstrate a need to work to support themselves. [WI7.1]

Successful applicants may be granted a work visa valid for 6 months, or for 9 months if they have applied for residence. Subsequent work visas valid for 9 months may be granted if the applicant has applied for residence. [WI7.35]

How to apply

Applications for the Special Work Visa for Victims of Family Violence must be made in the prescribed manner for lodging a temporary entry class visa application, as set out in the generic immigration instructions at E4.50. [WI7.25] For full details on the prescribed manner, see Lodging a temporary visa application.

Applicants are exempt from the requirement to pay an application fee, the Immigration Levy, and the International Visitor Conservation and Tourism Levy. [WI7.25]

An appropriately delegated immigration officer may waive the normal funds requirements and outward travel requirements for work visas. [WI7.25]

As with all work visa applications, the standard lodgement requirements for a work visa application (as set out in generic immigration instructions) apply. [WI7.1] Applicants should consult the Immigration New Zealand website for the appropriate form and supporting documents. [WI7.1]

Eligibility criteria

An applicant is eligible for a special work visa for victims of family violence if they meet all of the following requirements: [WI7.1]

• The applicant is in New Zealand.
• The applicant was in a partner relationship that has ended due to family violence committed by someone with whom the applicant was living in a family relationship.
• Either:
  • The partnership (as defined in F2.5(b)) was with a New Zealand citizen or residence class visa holder and the applicant had intended to seek residence in New Zealand on the basis of that partnership; or
  • The applicant holds a visa based on their relationship as the spouse or partner of a temporary entry class visa holder.
• The applicant shows a need to work in order to support themselves.

For the purposes of these instructions, "family relationship" has the meaning set out in section 12 of the Family Violence Act 2018. [WI7.1]

Evidence of living in a family relationship with the perpetrator

Evidence that the principal applicant has been living in a family relationship with the perpetrator of family violence includes: [WI7.20]

• confirmation from the New Zealand Police that they are satisfied the family violence was perpetrated by someone living at the same address;
• a statutory declaration by the applicant that the perpetrator of family violence lived at the same address;
• a statutory declaration by one of the professionals listed at [WI7.10] (see Persons competent to make statutory declarations) stating that the perpetrator of family violence lived at the same address;
• any other documentary evidence that the perpetrator of family violence lived at the same address.

Evidence of family violence

To demonstrate family violence, the applicant must provide one of the following: [WI7.5]

• a final Protection Order against someone with whom the applicant is living in a family relationship under the Family Violence Act 2018;
• a relevant New Zealand conviction of someone with whom the applicant is living in a family relationship where the conviction is for a family violence offence against the principal applicant or a dependent child;
• a complaint of family violence against such a person investigated by the New Zealand Police where Police are satisfied family violence occurred;
• a statutory declaration from the applicant and two statutory declarations from persons competent to make statutory declarations that family violence has occurred (see WI7.10).

Note: For the purpose of these instructions, 'family violence' has the meaning set out in section 9 of the Family Violence Act 2018. [WI7.5]

A visa based on a relationship is one that requires the existence of a partnership relationship to be granted, such as a visa under WF4 (work visas for partners of student visa holders) or V3.10, or a visa granted to a partner of diplomatic, consular or official staff under H2.1, but not a visa that was granted independently of the relationship with a partner, even if the declared purpose is to visit a partner. [WI7.1]

Evidence of partnership

Evidence that the principal applicant has been living in a partnership with a New Zealand citizen or residence class visa holder may include, but is not limited to: [WI7.15]

• a marriage or civil union certificate;
• evidence as to the duration of the relationship;
• correspondence (including postmarked envelopes) addressed to both principal applicant and the New Zealand citizen or residence class visa holder;
• evidence of communication between the couple;
• photographs of the couple together;
• documents indicating public recognition of the relationship;
• evidence of any specific arrangements and/or engagement ceremonies which have been carried out;
• communication between the parents of the couple and/or a person acting as a go-between or matchmaker;
• other documents indicating public recognition of the arrangement and/or engagement ceremony;
• confirmation from independent sources that such arrangements and/or engagement ceremonies are in accordance with the cultural custom of the parties concerned;
• a joint mortgage, tenancy agreement or rent book;
• birth certificates of their children;
• proof of joint assets;
• proof of shared income; and
• proof of shared bank accounts.

Note: This evidence is only required from partners of New Zealand citizens or residence class visa holders where partnership has not been established previously through the granting of a visa based on partnership. [WI7.15]

Persons competent to make statutory declarations

The following professionals are competent to make a statutory declaration that family violence has occurred for the purposes of WI7.5(d): [WI7.10]

• social workers who are:
  • registered with the Social Workers Registration Board; or
  • full members of the Aotearoa New Zealand Association of Social Workers; or
  • employed in the public service under the State Sector Act 1988;
• doctors registered with the New Zealand Medical Council; [WI7.10]
• nurses registered with the Nursing Council of New Zealand; [WI7.10]
• psychologists registered with the New Zealand Psychologists Board; [WI7.10]
• counsellors who are members of the New Zealand Association of Counsellors; [WI7.10]
• experienced staff members of Ministry for Children, Oranga Tamariki approved women's refuges nominated by the National Collective of Independent Women's Refuges or Shakti Community Council. [WI7.10]

The two persons making the declarations must be from different professional groups and must be unrelated professionally (for example, not a doctor and a nurse from the same practice). [WI7.10] Immigration officers may verify that statutory declarations have been made by an appropriate person by contacting the professional bodies listed above. [WI7.10]

Interpretation & edge cases

• Work visa stream: This visa falls under the Special Work stream of work visas. [WI7.1]
• Pathway to residence: The related residence category for victims of family violence (see Residence Category for Victims of Family Violence) provides a pathway to permanent residence for eligible applicants. [WI7.1]
• Regulatory designation: Under schedule 5(9) of the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, the category is also known as the Special Category for Victims of Family Violence. [WI7.1]

Application process

• Prescribed manner: Applications must be lodged in accordance with E4.50. The general rules for applications not lodged in the prescribed manner (see Lodging a temporary visa application) apply. [WI7.25]
• Fee exemption: Unlike most work visa applications, applicants for this visa are exempt from paying the application fee, Immigration Levy, and International Visitor Conservation and Tourism Levy. [WI7.25] This removes a significant financial barrier for victims of family violence.
• Waiver of funds and travel requirements: An appropriately delegated immigration officer has discretion to waive the normal funds requirements and outward travel requirements for work visas. [WI7.25] This discretion recognises that victims of family violence may have limited financial resources and may not be in a position to demonstrate onward travel arrangements.
• Determination and priority: Applications will be determined by immigration officers who have received specialist training on these instructions. Applications under these instructions are given priority processing. [WI7.30]

Visa validity and conditions

Successful applicants may be granted a work visa valid for 6 months, or for 9 months if they have applied for residence. Subsequent work visas valid for 9 months may be granted if the applicant has applied for residence. [WI7.35] Any work visas granted under this provision may be endorsed with conditions that allow work for any employer. [WI7.35] These conditions are designed to give victims of family violence the flexibility to work without being tied to a specific employer, and the extended validity periods recognise the path to residence.

Prior status of WI7 (before WI7.1 came into effect on 28/02/2023)

Before WI7.1 was published, the operational manual contained the following placeholder statements, cited as [WI7]:

• "The Special Work Visa for Victims of Family Violence is a temporary work visa under WI7 of the operational manual. As of the latest crawl, WI7 does not contain published eligibility criteria or procedural requirements. Applicants should consult INZ for the latest information." [WI7]
• "No application process is currently published for this visa." [WI7]
• "No eligibility criteria are currently specified in WI7." [WI7]
• "This visa falls under the Special Work stream (see Work visa streams). It is distinct from the Residence Category for Victims of Family Violence (see that page). As the instructions are pending, immigration officers have no criteria to apply as of the date of this page." [WI7]

These statements have been superseded by WI7.1.

Citations

• WI7 — Special work visas for victims of family violence
• WI7.1 — Who is eligible for a special work visa
• WI7.5 — Evidence of family violence
• WI7.10 — Persons competent to make a statutory declaration that family violence has occurred
• WI7.15 — Evidence that the principal applicant has been in a partnership with a New Zealand citizen or residence class visa holder
• WI7.20 — Evidence of living in a family relationship with the perpetrator of family violence
• WI7.25 — Making an application
• WI7.30 — Determination of applications
• WI7.35 — Currency and conditions