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If you are experiencing domestic violence, you may be able to apply for a visa that allows you to stay in New Zealand independently of your partner. Immigration New Zealand offers special visa options for people whose relationship has ended due to domestic violence, helping you remain in New Zealand safely and lawfully. Our team can guide you through this confidential process and help you understand your options.

 

See more about the Victims of Family Violence Work Visa and the Victims of Family Violence Resident Visa below.

Victims of Family Violence Work Visa

With the Victims of Family Violence Work Visa, you are eligible to apply if you have experienced family violence while in a partnership with a New Zealand citizen or resident. You can also apply if you hold a partnership-based visa with another temporary migrant, for example your partner may hold a work visa or student visa. If granted, you will be able to stay and work in New Zealand for 6 months for any employer.

If you are in New Zealand and your temporary visa is about to expire before you can be granted a new one, Immigration NZ will in most cases grant you an interim visa to allow you to stay in the country while you application is being processed.

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Frequently Asked Questions

A Domestic Violence Work Visa is an open temporary work visa for people who have experienced domestic or family violence from their partner and are no longer living with them. It allows you to work for any employer in New Zealand.
You may be eligible if you:
• Were in a genuine relationship with a New Zealand citizen, resident, or have a partnership-based visa with a temporary visa holder
• Held, or were eligible for, a visa based on that relationship
• Have experienced domestic or family violence
• Are no longer living with the abusive partner
Domestic or family violence can include:
• Physical abuse
• Sexual abuse
• Psychological or emotional abuse
• Financial abuse
• Coercive or controlling behaviour
INZ follows New Zealand’s legal definition of family violence.
You must provide acceptable evidence, such as:
• A final protection order against someone with whom the applicant is living in a family relationship under the Family Violence Act 2018; or
• 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 of the principal applicant; or
• A complaint of family violence against someone with whom the applicant is living in a family relationship investigated by the New Zealand Police where the New Zealand Police are satisfied that such family violence has occurred; or
• A statutory declaration from the applicant stating that family violence has occurred and two statutory declarations completed by persons competent to make statutory declarations that family violence has occurred
If you feel your life is in danger, please ring the police immediately for help.
Otherwise, a report to the police is not required for the visa application unless they are providing evidence to confirm family violence has occurred.
The visa is typically granted for up to 6 months. In some circumstances, a further visa may be available if the applicant has a domestic violence resident visa is in process.
Yes. Dependent children may be included or may apply separately, depending on their circumstances and current visa status.
In some cases, yes. You may later be eligible to apply for residence under the Victims of Family Violence instructions, provided all criteria are met.

Victims of Family Violence Resident Visa

The Victims of Family Violence Resident Visa allows eligible people who have experienced family violence in New Zealand to apply for residence independently of their abusive partner.

You are able to apply for this visa if you have experienced family violence from someone who is a New Zealand citizen or resident. If you are granted this visa, you will be able to live, work and study in New Zealand indefinitely. You can also include any dependent children who are 24 years or younger in your application.

As part of your application for this visa you will be required to show that you are not able to return to your home country.

If you are here on a temporary visa and it is going to expire before a decision is made regarding your residence application, you will need to apply for another temporary visa if you wish to stay in New Zealand. Interim visas are not issued to those who have made applications for resident visas.

Frequently Asked Questions

This is a residence-class visa that allows people who have experienced family or domestic violence to remain in New Zealand permanently, even though their relationship with the abusive partner has ended.
You may be eligible if you:
• Were in a genuine and stable relationship with a New Zealand citizen or resident;
• Have experienced family violence from that partner;
• And that partnership has ended due to family violence by the New Zealand citizen or residence class visa holder or by someone with whom the applicant is living with in a family relationship
• are unable to return to their home country because:
o would have no means of independent financial support from employment or other means, and have no ability to gain financial support from other sources; or;
o would be at risk of abuse or exclusion from their community because of stigma
Family violence includes:
• Physical abuse
• Sexual abuse
• Psychological or emotional abuse
• Financial abuse
• Coercive or controlling behaviour
Immigration New Zealand applies New Zealand’s legal definition of family violence.
You must provide acceptable evidence, such as:
• A final protection order against someone with whom the applicant is living in a family relationship under the Family Violence Act 2018; or
• 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 of the principal applicant; or
• A complaint of family violence against someone with whom the applicant is living in a family relationship investigated by the New Zealand Police where the New Zealand Police are satisfied that such family violence has occurred; or
• A statutory declaration from the applicant stating that family violence has occurred and two statutory declarations completed by persons competent to make statutory declarations that family violence has occurred
No. Holding a Domestic Violence Work Visa is not required. Eligibility depends on your individual circumstances and relationship history.
Yes. Dependent children can be included if they meet immigration requirements. Each child’s health, character, and dependency will be assessed.
There is no strict deadline, but you should apply as soon as reasonably possible. If there has been a significant delay, you may need to explain the reasons.
Yes. A residence application fee applies. In some cases, fee waivers or reduced fees may be available.
If your application is declined, you may have the right to appeal to the Immigration and Protection Tribunal (IPT), depending on your circumstances.
Yes. Applications are handled confidentially by Immigration New Zealand. Your abusive partner is not notified of the application.

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Muhammad Bin Kamarudin

Senior Associate | Solicitor

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