After we issue you (and your family) residence visas or grant you permits under the Active Investor Migrant Policy, there are some requirements that you will have to meet. These are requirements under section 18A of the Immigration Act 1987 – we call them 'Section 18A requirements'.
Retain your funds in acceptable investments for four years
You need to retain your investment funds in an acceptable investment(s) in New Zealand for four years. We refer to this four-year period as your ‘investment period’. The investment period begins from the date you complete the investment of your nominated investment funds. However, if your investment funds are already in acceptable investments in New Zealand at the date we approve your application in principle, the four-year investment period commences from that date.
You may change your investments during the four-year investment period provided your investment funds continue to meet all requirements for acceptable investments.
Meet the requirements for minimum time spent in New Zealand
As the principal applicant you must meet the requirements for minimum time spent in New Zealand for each year (excluding the first year) of your four-year investment period:
- General (Active) investors – 40 percent of each year (146 days per year)
- Professional investors – 30 percent of each year (109 days per year)
- Global investors – 20 percent of each year (73 days per year).
Your family do not need to spend time in New Zealand in that period, but they do need to come to New Zealand within 12 months of being isssued a residence visa, or their residence will lapse.
Tell us if your New Zealand address changes
Because we need to contact you at several stages of this process, you need to let us know of any changes to your contact details.
Two years after you have invested your funds in New Zealand
We will write to you three months before the second anniversary of your investment period to remind you that after two years you need to provide evidence that you have:
- retained acceptable investment(s) in New Zealand for the first two years of the investment period (see 'Evidence that you have retained acceptable investment', below)
- spent the required time in New Zealand in the second year of your investment period.
You must provide this evidence within three months after the second anniversary of your investment period.
When you have satisfied us that you have met these requirements and you have held a residence permit at least two years earlier, you and your family members included in your application will be eligible for a second returning resident’s visa (RRV). This will be valid for up to two years.
If you do not satisfy these requirements, your residence permit may be revoked under section 20(1)(d) of the Immigration Act 1987.
Four years after you have invested your funds in New Zealand
We will write to you three months before the end of your four-year investment period to remind you that you need to provide evidence after the end of your investment period to show that you have:
- retained acceptable investment(s) in New Zealand for the four year investment period (see 'Evidence that you have retained acceptable investment', below)
- spent the required time in New Zealand in the third and fourth years of your investment period.
You must provide this evidence within three months after the end of your investment period.
When you have satisfied us that you have met these requirements you will be eligible for an indefinite returning resident’s visa(s) for yourself and your family members included in your application.
If you do not satisfy these requirements, your residence permit may be revoked under section 20(1)(d) of the Immigration Act 1987.
Evidence that you have retained acceptable investment
Evidence that you have retained acceptable investment(s) will include documentation from a reliable independent professional (for example, a solicitor or chartered accountant) stating:
- the full name of the investor
- the amount invested
- the date the investment was lodged
- the type of investment (in the case of shares, the names of the companies invested in and the number of shares purchased must be listed)
- confirmation that the funds were invested in New Zealand for the full period since the beginning of your investment period or, if transferred, the date of lodgement and withdrawal of the investment.
If you have undertaken active investment, you will need to provide additional evidence from a reliable independent professional (for example, a solicitor, chartered accountant, bank manager), showing:
- the full name of the business owner(s)
- a full valuation of the business; and
- the date the business was established or a shareholding purchased
- the percentage of shareholding undertaken
- the amount invested in the business
- documentary evidence that demonstrates the operation of the business (for example, annual accounts).
If you have established or purchased a shareholding in more than one business this information should be provided for each of the businesses.
If you have transferred funds between several organisations during your four year investment period, you should provide letters from every organisation you have invested with. Lodgement and withdrawal dates will be checked to ensure that funds have been held continuously in New Zealand for the required four year period.
We may request other information to be satisfied that the above requirements have been met.