S4.5 Residence policy for victims of domestic violence (01/10/2001)

People in New Zealand:

1. 1. who are holding a work permit granted under W3.150 Special work permits for victims of domestic violence, or
   2. who are, or have been, married to a New Zealand citizen or resident, or
   3. who have been living together in an established relationship with a New Zealand citizen or resident, and
2. had intended to seek residence in New Zealand on the basis of that marriage or relationship, and
3. that marriage or relationship has ended due to domestic violence by the New Zealand citizen or resident, and
4. has been, or would be, if they returned to their home country, disowned by their family and community as a result of their marriage to or relationship with the New Zealand citizen or resident which has ended, and
5. if they returned to their home country, would have no means of independent support (e.g.state financial support) or ability to gain that independent support (e.g through employment or marriage) for whatever reason, and
6. meet health and character requirements policy (see A4 and A5);

   may be granted a residence permit.

Note: Applicants for residence under this policy are exempt from the requirement to pay the Settlement information fee (see R5.85).

S4.5.1 Evidence of domestic violence

Evidence of domestic violence means:

1. 1. a relevant New Zealand conviction of the New Zealand citizen or resident spouse or partner or intended spouse of a domestic violence offence against the principal applicant or a dependent child of the principal applicant; or
   2. a complaint of domestic violence against the principal applicant or a dependent child investigated by the New Zealand Police where the New Zealand Police are satisfied that domestic violence has occurred; and
2. referral to the New Zealand Immigration Service by a Refuge Organisation that is a member of the National Collective of Independent Women’s Refuges Inc.

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

S4.5.5 Evidence of marriage

Applicants who are married to a New Zealand citizen or resident must provide the original or certified copy of their marriage certificate.

S4.5.10 Evidence that the principal applicant has been in an established relationship with a New Zealand citizen or resident

Evidence that the principal applicant has been in an established relationship with a New Zealand citizen or resident may include, but is not limited to, original or certified copies of documents showing:

• 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.

S4.5.15 Evidence of inability to return to the home country

1. Principal applicants must provide evidence in the form of documents and/or information provided at an interview with an immigration officer, that they:
   1. have been, or would be, if they returned to their home country, disowned by their family and community as a result of their marriage to or relationship with the New Zealand citizen or resident which has ended, and
   2. if they returned to their home country, would have no means of independent support (e.g. state financial support) or ability to gain that independent support (e.g. through employment or marriage) for whatever reason.
2. The NZIS may refer to any relevant information when determining the ability of the applicant to return to their home country.

S4.5.20 Making an application

1. Applications must be made in the prescribed manner (see R2.40); but an appropriately delegated immigration officer may waive:
   1. the application fee, and
   2. police certificates, if these are not available from a particular country.
2. Where police certificates are not available, the applicant must make and provide a separate statutory declaration in both English and their own language. The statutory declaration must:
   1. detail the applicant's attempts to obtain a police certificate, and
   2. state whether the applicant and any accompanying family members have been convicted, or found guilty of, or charged with offences against the law of that country, or have not been charged with any offences against the law of that country, and
   3. be corroborated by other information confirming the applicant's character.

S4.5.25 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 01/10/2001