WI5.30 Special work permits for victims of domestic violence

WI5.30.1 Who is eligible for a special work permit

People in New Zealand:

1. who are, or have been in a partnership (see F2.5b) with a New Zealand citizen or resident, and
2. had intended to seek residence in New Zealand on the basis of that partnership, and
3. that partnership has ended due to domestic violence by the New Zealand citizen or resident or someone with whom the applicant is living in a domestic relationship and
4. who show a need to work in order to support themselves;

may be granted work permits valid for 6 months. This may be extended to nine months if the applicant applies for residence.

Note: For the purpose of this policy, 'domestic relationship' has the meaning set out in s.4 of the Domestic Violence Act 1995.

WI5.30.5 Evidence of domestic violence

Evidence of domestic violence means:

1. a final Protection Order against the New Zealand citizen or resident partner or someone with whom the applicant is living in a domestic relationship under the Domestic Violence Act 1995, or
2. a relevant New Zealand conviction of the New Zealand citizen or resident partner, or someone with whom the applicant is living in a domestic relationship of a domestic violence offence against the principal applicant or a dependent child of the principal applicant; or
3. a complaint of domestic violence against the New Zealand citizen or resident partner, or someone with whom the applicant is living in a domestic relationship investigated by the New Zealand Police where the New Zealand Police are satisfied that such domestic violence has occurred; or
4. a statutory declaration from the applicant stating that domestic violence has occurred and two statutory declarations completed by persons competent to make statutory declarations that domestic violence has occurred (see WI5.30.6 below).

Note: For the purpose of this policy, 'domestic violence' has the meaning set out in s.3 of the Domestic Violence Act 1995.

WI5.30.6 Persons competent to make a statutory declaration that domestic violence has occurred

1. Statutory declarations from the following persons stating that they are satisfied that domestic violence has occurred are acceptable as evidence of domestic violence:
   1. 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;
   2. doctors registered with the New Zealand Medical Council;
   3. nurses registered with the Nursing Council of New Zealand;
   4. psychologists registered with the New Zealand Psychologists Board;
   5. counsellors who are members of the New Zealand Association of Counsellors; and
   6. experienced staff members of Child Youth and Family approved women’s refuges. Such staff members must be nominated by:
      • the National Collective of Independent Women's Refuges
      • Shakti Community Council.
2. In order to meet the requirements of WI5.30.5d above, an applicant must supply a statutory declaration from people acting in their professional capacity from two of the groups listed above. The two people must be unrelated professionally (for example, they cannot be a doctor and a nurse from the same practice).
3. Immigration officers may verify that statutory declarations provided as evidence of domestic violence have been made by the appropriate person by contacting the professional bodies listed above.

WI5.30.15 Evidence that the principal applicant* has been in a partnership with a New Zealand citizen or resident

Evidence that the principal applicant* has been living in a partnership with a New Zealand citizen or resident may include, but is not limited to, original or certified copies of:

• an original or certified copy of a marriage certificate;
• evidence as to the duration of the relationship;
• correspondence (including postmarked envelopes) addressed to both principal applicant* and the New Zealand citizen or resident
• 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.

WI5.30.18 Evidence of living in a domestic relationship with the perpetrator of domestic violence

Evidence that the principal applicant has been living in a domestic relationship with the perpetrator of domestic violence includes:

1. confirmation from the New Zealand Police that they are satisfied the domestic violence was perpetrated by someone living at the same address;
2. a statutory declaration by the applicant that the perpetrator of domestic violence lived at the same address as the applicant;
3. a statutory declaration by one of the professionals listed at WI5.30.6 stating that the perpetrator of domestic violence lived at the same address as the applicant;
4. any other documentary evidence that the perpetrator of domestic violence lived at the same address as the applicant.

WI5.30.25 Making an application

1. Applications must be made in the prescribed manner (see E4.55); but an appropriately delegated immigration officer may waive:
   1. the application fee, and
   2. the requirement to produce evidence of funds or sponsorship, and
   3. the requirement to produce evidence of travel tickets or onward travel arrangements, and
   4. the requirement to produce a job offer.
2. Any work permits granted under this provision may be endorsed with conditions that allow work for any employer.

WI5.30.30 Determination of applications

1. Applications will be determined by immigration officers who have received specialist training on this policy.
2. Applications under this policy will be given priority processing.

Effective 02/03/2009