W3.150 Special work permits for victims of domestic violence (01/10/2001)

W3.150.1 Who is eligible for a special work permit

1. People in New Zealand:
   1. who are, or have been, married to a New Zealand citizen or resident or
   2. 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. 1. 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
   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, and
5. who show a need to work in order to support themselves;

may be granted work permits valid for 3 months.

W3.150.5 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 such 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.

W3.150.10 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.

W3.150.15 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 living in an established relationship with a New Zealand citizen or resident may include, but is not limited to, original or certified copies of:

• 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.

W3.150.20 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.

W3.150.25 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.

W3.150.30 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 01/10/2001