Special Work Visa for Victims of People Trafficking

At a glance

The Special Work Visa for Victims of People Trafficking is a temporary work visa that enables victims of people trafficking in New Zealand to work. The policy framework is governed by WI16, which as of the latest crawl does not contain substantive criteria. [WI16] Eligibility requirements are provided in WI16.1, and the application process is set out in WI16.5. The visa falls under the Special Work stream (see Work visa streams). [WI16.1, WI16.5]

How to apply

Applications must be made in the prescribed manner (see E4.50), but an immigration officer with appropriate delegation may waive the application fee, the requirement to produce evidence of funds or sponsorship, and the requirement to provide police certificates if those certificates are not available from a particular country. [WI16.5]

Where police certificates are not available, the applicant must make and provide a separate statutory declaration in line with A5.10.1. [WI16.5]

Applications under these instructions will be given priority processing and are determined by immigration officers who have received specialist training on these instructions. [WI16.10]

Work visas granted under this category may be endorsed with conditions that allow work for any employer. [WI16.5]

Eligibility criteria

Eligibility under WI16.1

Applicants in New Zealand may be granted one work visa valid for 12 months if they have been certified by the New Zealand Police as being suspected victims of people trafficking. [WI16.1]

A further work visa may only be granted if:

• the New Zealand Police or Immigration New Zealand determines the applicant's continued presence in New Zealand is required; and
• the applicant has not obstructed a New Zealand Police or Immigration New Zealand investigation; and
• an immigration officer determines that the applicant has personal circumstances that warrant the grant of a further work visa. [WI16.1]

Before making a decision on an application, immigration officers should consult with Immigration New Zealand's Serious Offences Unit. [WI16.1]

Note: Circumstances that may require the applicant's continued presence in New Zealand under the third criterion may include, but are not limited to, where there is an ongoing police investigation and/or prosecution beyond the initial 12-month visa duration, and Immigration New Zealand or the New Zealand Police desire the applicant to remain in New Zealand to continue their involvement in the case. [WI16.1]

Interpretation & edge cases

• Work visa stream: This visa falls under the Special Work stream (see Work visa streams). [WI16]
• Pathway to residence: The related residence category for victims of people trafficking (see Residence Category for Victims of People Trafficking) requires that an applicant hold a special temporary visa under WI16. [WI16]
• Prior status: As of the crawl date, WI16 is a placeholder with no detailed policy instructions. The content will be updated when INZ publishes substantive criteria, mirroring the approach taken for WI7 (family violence) before WI7.1 came into effect. [WI16]
• Determination of applications: Applications under these instructions are determined by immigration officers who have received specialist training on the WI16 instructions, and are given priority processing. [WI16.10]

Citations

• WI16 — Special work visa for victims of people trafficking
• WI16.1 — Who is eligible for a special work visa
• WI16.5 — Making an application
• WI16.10 — Determination of applications