WI7.1 Who is eligible for a special work visa

A special work visa for victims of family violence may be granted if an applicant was in a partner relationship that has ended due to family violence committed by someone with whom the applicant was living in a family relationship and:

1. the applicant is in New Zealand; and
2. either:
   1. the partnership (see F2.5(b)) was with a New Zealand citizen or residence class visa holder and the applicant had intended to seek residence in New Zealand on the basis of that partnership; or
   2. the applicant holds a visa based on their relationship as the spouse or partner of a temporary entry class visa holder; and
3. the applicant shows a need to work in order to support themselves.

Notes:
- For the purpose of WI7.1(b)(ii) a visa based on a relationship is one that requires the existence of a partnership relationship to be granted, for example WF4 or V3.10. It also applies to holders of visas granted to partners of Diplomatic, Consular and Official staff under H2.1. It does not include a visa that was granted independently of the relationship with a partner, even if the declared purpose is to visit a partner.
-For the purpose of these instructions, ‘family relationship’ has the meaning set out in section 12 of the Family Violence Act 2018.
-For the purposes of schedule 5(9) of the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, the category is also known as the Special Category for Victims of Family Violence.

Effective 28/02/2023