What are the business establishment rules?

Substantial investment means the purchase of 25 per cent or more of the shareholding of a business.

 

Self-employment means your lawful active involvement in the management and operation of a business in New Zealand which you (the principal applicant) have established or purchased, or in which you have made a substantial investment.

 

Full-time employment is considered to be at least 30 hours of work per week.

Do I have to show I have transferred my investment capital?

You must provide evidence demonstrating the direct transfer of at least NZ$0.5 million (your investment capital) from your bank account, through the banking system to New Zealand. Evidence of this transfer must include telegraphic transfer documentation. 

Can I borrow investment capital?

You are able to borrow your investment capital to invest in your business if: 

• you are able to demonstrate that you own net assets equal or greater in value to the proposed investment amount; and
• the borrowed investment capital is from a bank or commercial lending institution and is secured against your net assets.
  

What English language requirements do my family and I have to meet?

We require people to have a reasonable standard of English to ensure they have the best opportunity to settle successfully into work and life in New Zealand.

Principal applicant

To meet our English language requirements you must:

• have an English speaking background, or
• be a competent user of English, or
• have an International English Language Testing System (IELTS) certificate (no more than two years old at the time you lodge your application for residence), which shows you gained at least an overall band score of 4 or more in the IELTS General or Academic Module.

We may still require you to provide an IELTS certificate to confirm you meet our English language requirements.

Partner and dependent children

To meet our English language requirements, partners and dependent children aged 16 or more included in your application must meet the same requirements as the principal applicant (see above).

 

However, if your partner and/or dependent children do not yet meet the minimum standard of English, they can pre-purchase ESOL tuition in New Zealand. You purchase this tuition from us, on behalf of New Zealand’s Tertiary Education Commission. The resident visa will only be granted once you have paid the tuition charge. Payment of this tuition charge is not due until your application is approved.

What other evidence do I need to provide?

Evidence everyone must provide

For every person included in the application you must provide:

• two passport-size photographs
• photocopies of the identity pages of their passport
• a full birth certificate (that is, one showing the names of both parents).

Health

You must show that everyone included in the application meets our health requirements by submitting a completed medical and chest x-ray certificate.

Character

You must show that everyone included in the application who is aged 17 or more meets our character requirements by providing police certificates from their country or countries of citizenship, and all countries they have lived in for 12 months or more in the last 10 years. This includes countries where the stay has been broken by short departures. See information on how to get a police certificate.

Evidence of your partnership

If your partner is applying on your application form too, you need to show that you have been living together in a genuine and stable relationship for at least 12 months.

 

Evidence you live together might include original or certified copies of documents showing shared accommodation - such as joint ownership of residential property, joint tenancy agreement, or correspondence (including postmarked envelopes) addressed to both you and your partner at the same address.

Evidence of business establishment and operation

All documents submitted to prove that you have established a business in New Zealand must be produced by a reliable independent agency or professional (for example, a solicitor or chartered accountant). 

 

The evidence you need to provide to show that you have established and been self-employed in a business in New Zealand may include (but is not limited to):

• a certificate of incorporation or business registration
• shareholder certificates or proof of ownership of business
• a business purchase agreement
• company financial accounts and bank statements
• company tax returns
• GST returns
• documents showing property lease or purchase by the business
• invoices for business equipment, supplies, ACC, utility bills
• photos of the business
• strategic planning documents.

Evidence that your business meets New Zealand employment and immigration law

You will need to have documents that show us you meet these requirements, such as documents proving you are:

• paying employees no less than the correct minimum wages
• meeting holiday and special leave requirements and looking after the health and safety of your employees
• only employing people who are legally able to undertake that work in New Zealand.

We may verify your documents to check that you meet the requirements. We may also visit your business or arrange for another person to visit.

What happens once my application has been assessed?

If you have submitted an application for residence under the Entrepreneur Category, and we have approved it in principle, we can grant resident visas to you and your family members included in your application when you have:

• paid any applicable migrant levy
• paid any applicable ESOL training tuition fee(s) if any of your family who are aged 16 and over included in your application have not satisfied the English language requirements.

If I'm not already in New Zealand, how long will I have to travel to New Zealand?

When you have met the above requirements, you and your family members included in your application will receive a resident visa.

 

Resident visas will be current for 12 months from the date of issue – you and your family must arrive in New Zealand within that period. If you do not arrive, your residence visa will lapse. 

How long can I stay in New Zealand?

Once you arrive in New Zealand or, if you are already here, are issued with a resident visa, the resident visa will allow you and your family to stay in New Zealand indefinitely. 

If I leave New Zealand, can I re-enter as a resident?

The resident visa will be granted with travel conditions valid for two years from the date you first enter New Zealand or, if you are already here, from the date of issue. The travel conditions will allow you to travel to and from New Zealand during the two-year period.
 
You will need to meet requirements for a permanent resident visa if you would like to travel to and from New Zealand after that. 
 

Requirements after residence is granted

Your initial resident visa will be granted subject to the conditions under section 49(1) of the Immigration Act 2009.  The conditions that you must meet in order to be granted unconditional residence are summarised below.

Self-employment in an established business

You must be self-employed in the business you have established or purchased for a minimum of two years (inclusive of time already spent operating the business while holding a long-term business visa).

 

You must retain the NZ$0.5 million invested into your business.

 

You must maintain the three new jobs you have created in your business.

Tell us if your New Zealand address changes

You need to let us know of any changes to your contact details.

End of self-employment period

We will write to you three months before the end of your self-employment period to remind you to provide evidence that you have:

• remained self-employed in your business for two years (inclusive of time spent operating the business while holding a long-term business visa)
• retained your investment capital and maintained the created jobs in your business (see evidence you have retained your investment and created jobs).

When you have satisfied us that you have met the above requirements, we will remove the section 49(1) conditions.  Once you have held your resident visa for two years you may be eligible for a permanent resident visa.

 

If you do not satisfy these conditions, you may be liable for deportation under section 159 of the Immigration Act 2009.

How do I apply?

See the how to apply page.

Where can I get more detailed information?

To get further detailed information, you can:

• phone:
  • 0508 55 88 55 (if you are within New Zealand but outside of Auckland)
  • 09 914 4100 (if you are calling from Auckland); or
• e-mail entrepreneurs@dol.govt.nz