Domestic Violence & Immigration Protection

Special Cases

Domestic Violence &
Immigration Protection

If your visa depends on a partner and you have experienced family violence, New Zealand law gives you specific rights to apply for residence or a visa independently — regardless of whether your relationship has ended. You do not have to stay in a dangerous situation to protect your immigration status.

★ Independent Residence Rights
★ Confidential Process
★ No Police Report Required
★ Urgent Applications Available

Family ViolenceBroad definition under NZ law
IndependentResidence without partner’s support
ConfidentialINZ does not notify your partner
UrgentPriority processing available

Your Safety Comes First

If you are in immediate danger, call 111. For confidential crisis support, Women’s Refuge is available 24/7 on 0800 733 843 and the Family Violence Info Line is available on 0800 456 450. Immigration advice is important — but your physical safety comes first. We can work around your safety situation and conduct consultations in a way that keeps you protected.

The Immigration Problem

Visa Dependency Creates Vulnerability

Many people in New Zealand are on visas that depend on their partner — partnership-based residence applications, temporary visas sponsored by a partner, or work visas tied to a partner’s employment. When family violence occurs in these relationships, the visa dependency can be used as a tool of control: “Leave me and you’ll be deported.”

This is a recognised problem. New Zealand’s immigration law includes specific provisions designed to break this dependency — allowing victims of family violence to apply for residence or a visa in their own right, separate from their partner’s support or cooperation.

Family Violence Has a Broad Legal Definition

Under NZ law, family violence includes physical violence, psychological abuse, financial control, threats, intimidation, harassment, and damage to property. You do not need to have been physically harmed to qualify — coercive and controlling behaviour is recognised.

Who This Applies To

Visa Situations Commonly Affected

💍
Partnership-Based Residence
Applied for residence through your partner. The application does not need to continue — you can apply independently under the family violence provisions.
📋
Temporary Partner Visa
On a temporary visa sponsored by your partner. You may be able to apply for an alternative visa or for an urgent protection visa while your situation is assessed.
🏠
Two-Stage Partnership Residence
In the two-year qualifying period for a two-stage partnership residence. Family violence provisions allow you to apply for residence before completing this period.
👶
Children Included on Partner’s Visa
Children included on a partner-dependent visa are similarly vulnerable. They can typically be included in an independent family violence application.

Immigration Pathways

Your Options Under NZ Immigration Law

The specific pathway available to you depends on your current visa type and circumstances. We assess which applies and advise on the strongest route forward.

Residence

Family Violence Residence Visa

If you were in a partnership-based residence application or a two-stage partnership residence and have experienced family violence, you may be able to apply for residence independently — without your partner’s cooperation or support letter.

  • Who qualifies: Those in partnership residence stream who experienced family violence
  • Key evidence: Family violence support person report or statutory declaration
  • Outcome: Permanent residence in your own right
Temporary

Victims of Family Violence Work Visa

If you are on a temporary visa that depends on your partner and you have experienced family violence, you may be eligible for a special temporary visa that allows you to remain in New Zealand while your longer-term options are assessed.

  • Who qualifies: Temporary visa holders experiencing family violence
  • Duration: Typically 6 months while longer-term path is determined
  • Outcome: Right to work and remain temporarily; pathway planning
Alternative

Other Independent Pathways

Depending on your skills, employment, qualifications, or NZ ties, there may be independent visa pathways available that don’t rely on the family violence provisions at all — giving you additional options beyond the partnership stream.

  • Examples: AEWV (work visa through employer), Skilled Migrant Category, student visa
  • Humanitarian: Ministerial discretion for exceptional circumstances
  • Outcome: Independence from partner-based visa status

Evidence

What INZ Accepts as Proof

You do not need a conviction, police report, or Protection Order to make a family violence immigration application. INZ accepts a wide range of evidence. You also do not need to have left the relationship already.

Confidentiality Is Protected

INZ will not contact your partner, disclose that you have applied, or share the details of your application with them. The process is handled confidentially. We also conduct our consultations with your safety in mind — contact us to arrange a safe time and method to speak.

Support Person Reports
  • Report from an approved family violence support person (social worker, counsellor, DVSA)
  • Refuge or crisis shelter records
  • Report from registered health professional
  • Letters from community support organisations
Legal & Statutory Evidence
  • Statutory declaration (your own sworn statement)
  • Protection Order (if obtained)
  • Police report or attendance record
  • Court records related to family violence proceedings
Medical & Psychological
  • Medical records of injuries or treatment
  • GP or hospital records
  • Psychologist or counsellor reports
  • Mental health treatment records
Supporting Evidence
  • Witness statements (neighbours, friends, family)
  • Text messages, emails, or call records
  • Photos of injuries or property damage
  • Financial control evidence (bank records)

Support Services

You Don’t Have to Do This Alone

Immigration advice is one part of the support you need. New Zealand has a strong network of family violence support services — many of which are free, confidential, and experienced in working with people from migrant and refugee backgrounds.

We regularly work alongside these services — with your consent — to ensure your immigration case is supported by the right evidence and advocacy from approved support persons.

Women’s Refuge
0800 733 843
24/7 crisis support & safe houses
Family Violence Info Line
0800 456 450
Free confidential advice

Women’s Refuge

24/7 crisis support, safe houses, and advocacy for women and children experiencing family violence. Experienced with migrant and refugee situations. Can provide approved support person reports for INZ.

Shakti Community Council

Specialist support for Asian, African, and Middle Eastern women and children experiencing family violence. Culturally appropriate services and licensed immigration advisers within their network.

SHINE

Specialist domestic violence services across New Zealand. Provide counselling, safety planning, advocacy, and can act as approved support persons for INZ immigration applications.

Community Law Centres

Free legal advice on Protection Orders, Family Court matters, and related legal issues. Can help you understand your legal rights independently of the immigration process.

Our Process

How We Help You

We handle family violence immigration cases with care, confidentiality, and urgency. Your safety and wellbeing guide every step of how we work with you.

1

Confidential Consultation

We arrange a consultation in a safe and private manner — by phone, video, or in person at a safe location. We understand that contacting a lawyer may need to happen covertly. Tell us your situation and we will work around it.

2

Immigration Status Assessment

We review your current visa, your relationship situation, and your immigration history to identify which pathway — family violence residence, victims visa, or an independent pathway — is available and strongest for your circumstances.

3

Evidence Gathering & Support Coordination

We identify what evidence is available and help you gather it safely. Where appropriate, we coordinate with support organisations to obtain approved support person reports. We advise on how to document your experience compellingly without putting you at risk.

4

Application Preparation

We prepare your application carefully — ensuring all evidence is presented clearly, all INZ requirements are met, and your personal statement is handled sensitively. Where urgency is needed, we request priority processing.

5

Submission & INZ Liaison

We submit your application and handle all communication with INZ on your behalf. We respond to any requests for further information and monitor progress. Your partner is not notified or contacted.

6

Outcome & Ongoing Support

Once your application is decided, we walk you through your new immigration status, your rights, and your next steps. If further applications are needed — for children, for a permanent resident visa, or for any other matter — we continue supporting you.

FAQ

Common Questions

Do I need a Protection Order or police report to apply?

No. A Protection Order or police report is one type of evidence but is not required. INZ accepts a wide range of evidence — including a statutory declaration, a report from an approved support person such as a social worker or counsellor, medical records, and witness statements. Many people in family violence situations have not involved police, and INZ understands this.

Will my partner find out that I applied?

No. INZ will not contact your partner, notify them of your application, or share any details of the process with them. The application is handled confidentially. We also take care in how we communicate with you — if there is a risk that communications could be monitored, please let us know so we can take appropriate precautions.

Can I apply if I am still in the relationship?

Yes. You do not have to have left the relationship to apply. INZ recognises that leaving is often not immediately possible — particularly when immigration status, housing, finances, and children are involved. If you are still in the relationship, we advise on how to apply safely and what safety planning is recommended before and after applying.

My visa has already expired. Am I too late?

Not necessarily. An expired visa does not automatically bar a family violence immigration application — particularly where the expiry was directly linked to the relationship and the violence you experienced. We assess your situation urgently and advise on the best available pathway, including whether an urgent bridging visa or other immediate protection is available.

Can my children be included in my application?

Yes. Dependent children who were included in the partner-based visa or application can typically be included in your independent family violence application. Their wellbeing is also a factor INZ considers when processing your case. We advise on exactly how to include your children and what additional documentation may be needed for them.

Speak to Us Confidentially

Your Immigration Status Should Not Trap You

A confidential consultation costs nothing. We will tell you exactly what options are available for your situation, how to access them safely, and what to do next. You are not alone in this.

design_element
contact us

15+ years’
experience in
the industry

021 212 8982

Contact us via WhatsApp
Get in Touch
design_element