1. What is a Victims of Family Violence Residence Visa?

A Victims of Family Violence Residence Visa is a type of visa issued by the New Zealand government to individuals who have experienced or are at risk of experiencing domestic violence, abuse, or neglect from a family member in New Zealand. This visa allows victims to stay and live permanently in New Zealand and access support services such as accommodation, counseling, and legal assistance.

2. Who is eligible for a Victims of Family Violence Residence Visa?

To be eligible for this visa, an individual must meet the following criteria:

– Must be the victim of domestic violence, abuse or neglect by a family member in New Zealand
– Must have been living with the abuser as their partner or family member
– Must have evidence to prove the relationship and abuse
– Must demonstrate that they are willing to leave the abusive relationship and make arrangements for their safety
– Must be able to support themselves financially and not rely on social welfare benefits
– Must meet health and character requirements

3. What evidence is required for a Victims of Family Violence Residence Visa?

Applicants will need to provide evidence to support their claims of being a victim of domestic violence, abuse, or neglect. This can include police reports, medical records, witness statements, protection orders, photos/videos, social worker reports, or any other relevant documents.

4. How long is a Victims of Family Violence Residence Visa valid for?

This visa allows individuals to live and work in New Zealand permanently. It has no expiry date but recipients are expected to maintain their residence status by staying out of an abusive relationship.

5. Can I bring my children with me on a Victims of Family Violence Residence Visa?

Yes, you can include your dependent children (under 24 years old) on your application for this visa if they are also victims of family violence.

6. Can I apply for permanent residency directly under this category?

No, you cannot apply solely for permanent residency under this category. However,your residence visa can lead to permanent residency after you have held it for at least two years and continue to meet the eligibility criteria.

7. Is there a fee for a Victims of Family Violence Residence Visa?

Yes, there is a fee for this visa. The current fee is NZD $1,650 for online applications and NZD $1,800 for paper applications.

8. Can I apply for this visa while I am in New Zealand on another visa?

Yes, you can apply for this visa while in New Zealand on any valid visa (except a visitor visa). However, if your current visa is about to expire or has already expired, you may need to apply for a new visa to remain in the country until a decision has been made on your application.

9. Can I work with a Victims of Family Violence Residence Visa?

Yes, you are allowed to work with this visa.

10. Where can I get help with my application?

You can seek assistance from an immigration advisor or lawyer who specializes in residence visas and supporting victims of family violence. You can also contact the Immigration New Zealand helpline or visit their website for more information and guidance on the application process.

2. Am I eligible for a Victims of Family Violence Residence Visa?

You may be eligible for a Victims of Family Violence Residence Visa if you are currently in New Zealand on a temporary visa and have experienced domestic violence from your partner or family member who is a New Zealand citizen or resident. You will also need to provide evidence of this abuse and explain how it affects your ability to leave the relationship.

3. How do I apply for a Victims of Family Violence Residence Visa?
To apply for this visa, you will need to submit an application form along with supporting documents such as evidence of the domestic violence and your relationship with the abuser. You may also be required to attend an interview with immigration officials.

4. What type of evidence can I include to show domestic violence?
Examples of evidence that may help support your claim of domestic violence include police reports, protection orders, medical records, and statements from friends or family members who witnessed the abuse.

5. Can I apply for this visa while in another country?
No, you must be in New Zealand in order to apply for a Victims of Family Violence Residence Visa.

6. How long does it take to process this visa?
The processing time for this visa varies depending on individual circumstances and the amount of information provided. It is best to consult with an immigration advisor or check the current processing times on the Immigration New Zealand website.

7. Can I include my children in my application?
If you have dependent children under the age of 20, you can include them in your application for a Victims of Family Violence Residence Visa. However, each child must meet their own eligibility requirements.

8. Do I have to pay an application fee for this visa?
Yes, there is an application fee for this visa. The amount varies depending on your age and whether you are applying online or by paper.

9. Will I need to attend an interview as part of the application process?
In some cases, Immigration New Zealand may request that you attend an interview as part of the application process. This is done to verify the information provided in your application and to better understand your situation.

10. What happens if my visa application is approved?
If your Victims of Family Violence Residence Visa application is approved, you will be granted a residence visa which will allow you to live and work in New Zealand permanently. You may also be eligible for social welfare benefits and other support services.

3. What documentation do I need to provide for a Victims of Family Violence Residence Visa application?

To apply for a Victims of Family Violence Residence Visa, you will need to provide the following documentation:

1. Completed application form: You will need to complete and submit the appropriate application form for the residence visa. This can typically be done online or through paper forms.

2. Proof of relationship to the abusive partner: You will need to provide documentation that proves your relationship with your abusive partner, such as marriage certificate or birth certificates if you have children together.

3. Evidence of abuse: You must provide evidence that you were a victim of family violence by your partner. This could include police reports, medical records, restraining orders, or statements from social workers or support organizations.

4. Valid passport: You must have a valid passport to travel to New Zealand and stay there for the duration of your visa.

5. Proof of identity: You may be required to provide proof of your identity, such as a birth certificate, national ID card, or driver’s license.

6. Financial support information: You may need to provide details about how you plan to financially support yourself and any dependents while in New Zealand. This could include bank statements, job offers, or other financial documents.

7. Character references: You may be asked for character references from people who know you and can attest to your good character.

8.Dependent children documentation (if applicable): If you are bringing any dependent children with you, you will need to provide their passports and birth certificates as well as evidence that you have legal custody over them.

9. Health check: In some cases, you may be required to undergo a health check before your visa is approved.

10. Other supporting documents: Depending on your specific situation, additional documents may be required to support your application. It is best to consult with an immigration advisor or lawyer for guidance on what specific documents you may need based on your circumstances.

4. How long does it take to process a Victims of Family Violence Residence Visa application?

There is no set processing time for a Victims of Family Violence Residence Visa application. Processing times can vary depending on the individual circumstances of the case, the completeness of the application, and any additional information or documentation required. In general, applicants should expect a processing time of several months, but this can vary and may be longer in some cases. It is important to provide all necessary information and documentation to expedite the process.

5. Can my family members be included in my application for a Victims of Family Violence Residence Visa?

Yes, your family members can be included in your application for a Victims of Family Violence Residence Visa. According to Immigration New Zealand, family members that may be included in the application are:

1. Your partner or spouse, including same-sex and de facto partners
2. Any dependent children under the age of 25 who are not married or in a de facto relationship themselves
3. Dependent children over the age of 25 who have a disability that prevents them from supporting themselves financially
4. Dependent parents who are widowed or separated and do not have any other means of support.

If you have dependent children under the age of 18, they must also meet health and character requirements for immigration to New Zealand.

It is important to note that the visa is only available for partners and dependent family members who are currently living in New Zealand and are victims of domestic violence committed by their sponsor (usually their partner or spouse). If your family members are living outside of New Zealand, they will need to apply for a different type of visa.

All family members included in the visa application will need to provide evidence of their relationship with you as well as evidence that they have experienced domestic violence from their sponsor.

You will also need to provide evidence that you can financially support yourself and your family members during your stay in New Zealand. This can include bank statements, employment contracts, or other sources of income.

For more information on how to include family members in your application, it is recommended to consult with an immigration lawyer or accredited adviser.

6. Is there an age limit for applying for a Victims of Family Violence Residence Visa?

No, there is no age limit for applying for a Victims of Family Violence Residence Visa. Anyone who meets the eligibility criteria and can demonstrate that they are a victim of family violence in New Zealand may apply for this visa, regardless of their age.

7. Do I need to have already left New Zealand in order to apply for this visa?

No, you do not need to have left New Zealand in order to apply for this visa. However, if you are already in New Zealand on a temporary visa, you will need to have valid immigration status that allows you to stay in the country until your application is processed. It is recommended that you apply for this visa at least three months before your current visa expires.

8. What type of evidence do I need to provide to prove that I am a victim of family violence?

The type of evidence required to prove that you are a victim of family violence may vary depending on the specific situation and the laws of your state or country. Generally, evidence such as police reports, medical records, photographs of injuries or property damage, witness statements, protective orders, and other documentation can help support your claim. It is important to gather and preserve any evidence related to the abuse you have experienced. Additionally, it may be helpful to seek assistance from a domestic violence advocate who can provide guidance on what types of evidence will be most effective in your specific case.

9. Can I work and study while holding a Victims of Family Violence Residence Visa?

Yes, you are allowed to work and study while holding a Victims of Family Violence Residence Visa in New Zealand. However, the visa conditions require you to maintain your good character and comply with all laws in New Zealand, including those related to employment and study. It is important to note that this visa does not provide automatic eligibility for financial assistance or social services.

10. Do I need to have an ongoing protection order against my abuser in order to qualify for this visa?

No, you do not need to have a protection order in place to qualify for a U visa. However, having evidence of past abuse and/or ongoing threats or harm from the perpetrator can strengthen your case for the visa.

11. Are there any medical or health requirements for the Victims of Family Violence Residence Visa?

No, there are no specific medical or health requirements for the Victims of Family Violence Residence Visa. However, applicants may be required to undergo a medical examination if it is deemed necessary by Immigration New Zealand. This is done to ensure that the applicant does not have any medical condition that may pose a risk to public health in New Zealand.

12. Can I apply for permanent residency after receiving the Victims of Family Violence Residence Visa?

Yes, if you have been approved for and have lived in Canada on a Victims of Family Violence Residence Visa for at least two years, you may be eligible to apply for permanent residency under the humanitarian and compassionate grounds category. This is subject to meeting all the other eligibility requirements, such as passing criminal background checks and having a valid passport or travel document. It is recommended to consult with an immigration lawyer or consultant for assistance with your permanent residency application.

13. How long is the validity period for the Victims of Family Violence Residence Visa?

The Victims of Family Violence Residence Visa is valid for two years.

14. Is there an English language requirement for this visa category?

Yes, there is an English language requirement for the Skilled Independent visa (subclass 189). Applicants must demonstrate competent English language proficiency by meeting one of the following criteria:

1. Achieve a score of at least 6 in each of the four components (speaking, reading, listening, and writing) on the International English Language Testing System (IELTS), or an equivalent score on another approved English language test.

2. Hold a passport from Canada, New Zealand, Ireland, United Kingdom or United States of America.

3. Have completed at least five years of full-time study in a secondary or higher education institution where all instruction was conducted in English.

4. Hold a tertiary qualification that required at least two years of study in Australia.

5. Have completed at least one year full-time work experience within the past five years in an occupation that required use of English as the main language.

6. Be exempt from demonstrating English language proficiency due to your nationality or if you have previously held a Skilled – Recognised Graduate visa (subclass 476) and have met the Australian Study Requirement.

Proof of your English language proficiency must be provided as part of your visa application.

15. What happens if my visa application is unsuccessful?

If your visa application is unsuccessful, you may request for a review of the decision. The rejection letter should have instructions on how to appeal the decision. Alternatively, you can reapply for a visa after addressing the reasons for your initial rejection.

16. Can I include my children who are over 18 years old in my application as dependents?

It depends on the specific immigration program you are applying for. Some programs have an age limit for dependent children, typically between 18 and 21 years old. However, there may be exceptions for children who are still financially dependent on their parents due to a disability or full-time education. It is best to check the eligibility requirements of the program you are interested in to determine if your adult children can be included as dependents.

17. Will my identity as a victim be kept confidential during the visa application process?

Yes, your identity as a victim will be kept confidential during the visa application process. Immigration officials are trained to handle sensitive information and take the privacy of victims seriously. Your personal information and any details about the crime you have provided will not be shared with anyone outside of the appropriate government agencies involved in the processing of your visa application. However, certain details may need to be shared in order for your visa application to be processed, such as information about your relationship to a perpetrator or evidence of the crime committed against you. If you have concerns about confidentiality, you can speak with an immigration attorney or advocate who can provide guidance on how to protect your privacy during this process.

18.Can I travel outside of New Zealand while holding a Victims of Family Violence Residence Visa?

Yes, you can travel outside of New Zealand while holding a Victims of Family Violence Residence Visa. However, you must ensure that your visa remains valid and that you have all necessary documentation and permits for re-entry into New Zealand. It is recommended to consult with Immigration New Zealand before making any travel plans.

19.How does this visa differ from other New Zealand residence visas?

This visa differs from other New Zealand residence visas in several ways:

1) Purpose: The purpose of this visa is to attract individuals with specific skills and experience to live and work in New Zealand, whereas other residence visas may have different purposes such as family reunification or investment.

2) Requirements: The requirements for this visa are different than other residence visas. For example, applicants must have a job offer from a New Zealand employer, be under 55 years old, and meet health and character requirements.

3) Quota: The number of people who can be granted this visa is limited to 4,000 per year. Other residence visas may not have a quota or may have a different quota.

4) Pathway to citizenship: Unlike some other residence visas, the Skilled Migrant Category visa does not automatically lead to citizenship. Applicants must meet additional criteria and apply for citizenship separately.

5) Processing time: The processing time for this visa may be shorter compared to other residence visas due to its skilled nature and selection process.

6) Points system: Applicants for the Skilled Migrant Category visa are evaluated based on a points system that takes into account factors such as age, education, work experience, and language proficiency. Other residence visas may have different evaluation criteria.

Overall, the Skilled Migrant Category visa is designed specifically for highly-skilled individuals who can contribute to New Zealand’s economy, whereas other residence visas may have different focuses or requirements.

20.What support services are available for victims of family violence in New Zealand?

There are several support services available for victims of family violence in New Zealand, including:

1. Police: Victims can contact the police for immediate assistance and help in filing a protection order against the abuser.

2. Women’s Refuge: This is a national organization that provides safe houses and support services for women and children experiencing family violence.

3. Shine: An organization that offers advocacy, support, and counseling services to people affected by domestic abuse.

4. Victim Support: Provides counseling, emotional support, and practical assistance to victims of all types of crime, including family violence.

5. Family Violence Information Line: A 24/7 hotline operated by trained staff who can provide information and support to victims of family violence.

6. Safe to Talk: A confidential helpline for people who have experienced sexual harm or abuse.

7. Rape Crisis Centers: These centers offer free counseling, support groups, and other services for anyone who has experienced sexual violence.

8. Ethnic Community Services: Organizations like Shakti, Pasefika Proud, and the Migrant Action Trust offer culturally appropriate support to ethnic communities affected by family violence.

9. Child Youth & Family Services (CYFS): CYFS provides social work services to children who have been exposed to family violence or are at risk of it.

10. District Health Boards (DHBs): DHBs provide mental health services and referrals for victims of family violence through their local community mental health teams (CMHTs).

11. Legal Aid: Eligible victims can access legal representation and advice through Legal Aid for matters related to family violence matters.

12.Family Court Liaison Officers: These officers provide information and guidance on legal options for victims of family violence going through the court process.

13.Elder Abuse Response Service (EARS): EARS offers protective intervention when elder abuse is suspected or identified in the community.

14.Crisis Mental Health Teams (CMHTs): CMHTs provide acute mental health assessment and treatment for victims of family violence who have experienced trauma or psychological distress.

15.MenzShed: A men’s support organization that provides a safe and non-judgmental space for men to talk about their experiences and connect with others.

16.Sexual Violence Prevention Network: This network provides resources, training, and support for individuals and organizations working to prevent sexual violence in their communities.

17.Youthline: Offers free counseling, support, and information services for young people affected by family violence.

18.Local Community Support Groups: Many local community organizations offer support groups for victims of family violence. These can be found through community notice boards or online search engines.

19.Healthcare Professionals: Doctors, nurses, and other healthcare professionals can provide medical care, referrals to support services, and document injuries related to family violence.

20.Privacy Services Commissioner: The Commission provides guidance on privacy breaches, statutory requirements surrounding confidentiality/privacy within the health system (principles within the code) as well as providing mediation services between the health provider/matter met regarding privacy breach issues.