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Migrant Investment Policy: questions and answers

Monday, 27 July 2009

How many options are available under the Migrant Investment Policy?

The Migrant Investment Policy has two residence sub-categories. These are:

 

  • Investor Plus (Investor 1 Category); and
  • Investor (Investor 2 Category).

 

How many places are available under the Migrant Investment Policy?

There is no limit on the number of Investor Plus (Investor 1 Category) applications that can be considered. The Investor (Investor 2 Category) has a cap of 300 approved applications per year.  These sit within the total number of places available under the Skilled/Business stream of the New Zealand Residence Programme.

 

What are key requirements under the Migrant Investment Policy?

 

Key requirements Investor Plus (Investor 1 Category) Investor (Investor 2 Category)
Principal applicant’s English language No requirement IELTS* test report with an overall band score of 3 or more; or
Evidence of an English speaking background.
Family member's English language No requirement Same as principal applicant or pre-purchase ESOL tuition
Age No requirement 65 or younger
Business experience No requirement Minimum of three years
Investment funds NZ$10 million NZ$1.5 million
Settlement funds No requirement NZ$1 million (transfer not required)
Section 18A requirement on residence

Maintain the investment funds in New Zealand for a minimum of three years; and

spend 73 days in New Zealand in each of the last two years of the three-year investment period.

Maintain the investment funds in New Zealand for a minimum of four years; and

spend 146 days in New Zealand in each of the last three years of the four-year investment period; and

(if required) complete 20 hours of English language tuition.

Health and character Applicants under both categories must be healthy and of good character
*International English Language Testing System 

Investor Plus (Investor 1 Category) requirements

How do I apply under the Investor Plus (Investor 1 Category)?

You can lodge your residence application directly if you apply under the Investor Plus (Investor 1 Category). 

 

How much is the application fee for the Investor Plus (Investor 1 Category)?

The application fee for the Investor Plus (Investor 1 Category) is NZ$3400.

 

Investor (Investor 2 Category) requirements

How do I apply under the Investor (Investor 2 Category)?

The Investor (Investor 2 Category) is managed by requiring applicants to first submit an Expression of Interest (EOI). This is a points-based system. Those with highest total points in their EOI may be invited to apply for residence. If you are invited to apply for residence you must lodge your residence application within three months of the date of our letter of invitation. 

 

How do I submit an EOI?

You must fully complete the Investor (Investor 2 Category) EOI form and send it, along with the fee, to the Business Migration Branch. You do not need to provide any documentary evidence with your EOI.

 

Business Migration Branch
PO Box 3705
Wellington
New Zealand

 

What are the fees for an EOI and a residence application?

For the Investor (Investor 2 Category) the EOI fee is NZ$460, and the residence application fee is NZ$3400.

 

How often does EOI selection happen?

EOIs will be selected from the Pool every two weeks.

 

If my EOI does not get selected from the Pool, how long can my EOI remain in the Pool?

An EOI is current for a period of six months from the date of initial entry to the Pool.

 

How many points will I need to go into the Investor (Investor 2 Category) EOI Pool?

To enter into the EOI Pool, you must meet prerequisites for health, character, English language, age, business experience, investment funds and settlement funds, and have a minimum points score of 20 or more. These points accrue from the minimum requirements for:

 

  • English language – IELTS 3 level:  1 point
  • Age – 65 years:  0 points
  • Business experience 3 years:  9 points
  • Investment funds NZ$1.5 million:  10 points

 

How many points do I need to have in order to be selected from the EOI Pool and issued an Invitation to Apply for residence?

There is no pass mark for EOIs being selected from the Pool. EOIs will be selected periodically from the Pool according to their points ranking in sufficient numbers to suit the places available under the Investor (Investor 2 Category) at the time of selection.

 

How can I increase my chances to be selected from the Pool?

People with highest total points in their EOI will be selected from the Pool. You may qualify for additional points for English language, age, business experience, and investment funds. 

 

What happens if I reach age 66 while my EOI is still in the Pool?

You cannot apply for residence under the Investor (Investor 2 Category) if you are aged 66 or over at the time of your application.  In that situation your EOI would be removed from the Pool.

 

Can I change the makeup of my total points score after INZ has invited me to apply?

Example: an EOI was selected at 31 points with the minimum one point for English, nine points for business experience, one point for age and 20 points for investment funds.  In the three-month period between being invited to apply and submitting his application, the client sat another IELTS test and achieved an overall band score of 5.  He advised the case officer that he wished to now claim 10 points for English language and decrease his proposed investment points from 20 to 10 still leaving an overall score of 31 points.

 

The relevant section of policy is BJ5.5 Approval of applications under the Investor 2 Category, which says that for an application under the Investor 2 category to be approved, “the principal applicant must qualify for the points on the basis of which their EOI was selected from the Pool”.

 

However, it goes on to allow for consideration of the request to change points after an ITA has been issued: “if a principal applicant does not qualify for the points for business experience and nominated investment funds on the basis of which their EOI was selected from the Pool (see BJ4.20), a business immigration specialist may, on a case by case basis, determine that the application may nevertheless be approved, where the principal applicant has satisfied a business immigration specialist that there was a reasonable basis for making the claim for points in the Expression of Interest and that in making that claim there was no fraud, or intent to provide false or misleading information.”

 

Are there any requirements for business experience?

You need to have at least three years’ business experience to be approved for residence under the Investor (Investor 2 Category). Business experience is recognised if it is experience in planning, organisation, control, senior change-management, direction-setting and mentoring acquired through ownership of, or management level experience in, a lawful business enterprise that has at least five full-time employees and an annual turn-over of NZ$1 million.

 

Ownership means owning at least 25 percent of a business.

 

A lawful business enterprise is an organisation that operates lawfully in a commercial environment with the goal of returning a profit and is not set up primarily for passive or speculative purposes.

 

Investment funds requirements for both categories

What are the requirements for investment funds?

You must demonstrate ownership of your nominated funds and/or assets, and demonstrate that the nominated funds and/or assets have been legally earned or acquired. All invested funds must be placed in an acceptable investment(s).

 

Can I nominate funds that have been gifted to me?

You may nominate funds and/or assets which have been given to you unconditionally and in accordance with local law. You will need to show that your donor acquired those funds and/or assets lawfully.

 

If some of your funds and/or assets have been acquired by inheritance you will need to provide appropriate evidence, eg probate or evidence from your solicitor, to show that they were acquired lawfully.

 

What is an acceptable investment?

An acceptable investment is defined as investment that:

 

  1. is in either one or more of the following:
    • bonds issued by the New Zealand government or local authorities, or
    • bonds issued by New Zealand firms traded on the New Zealand Debt Securities Market (NZDX), or
    • bonds issued by New Zealand firms with at least a BBB- or equivalent rating from internationally recognised credit rating agencies (for example, Standard and Poor’s), or
    • equity in New Zealand firms (public or private), including managed funds and:
  2. is capable of a commercial return under normal circumstances and has the potential to contribute to New Zealand's economy, and
  3. is invested in New Zealand in New Zealand currency, and
  4. has the potential to contribute to New Zealand’s economy, and 
  5. is invested in lawful enterprises or managed funds that comply with all relevant laws in force in New Zealand, and
  6. is not for the personal use of the applicant(s), and

is not (directly or indirectly) invested in residential property development or deposit taking financial institutions (e.g. banks or finance companies).

 

Note: that for the purpose of the Migrant Investment Policy, convertible notes are considered an equity investment.  

 

What is meant by personal use of investment funds?

Personal use includes a personal residence, car, boat or similar assets.

 

If my application for residence is approved in principle within what time frame do I have to invest my funds in New Zealand?

You should transfer your total investment funds to New Zealand and invest them in acceptable investments within 12 months of approval in principle.

 

If you cannot liquidate your assets, transfer and invest your funds in New Zealand within 12 months of approval in principle, you may request a further 12 months to do so. 

 

If you do not transfer your funds within 12 months (or 24 months if extended) your application must then be declined.

 

Can I come to New Zealand to investigate investment opportunities once my application has been approved in principle?

Once your application is approved in principle you are eligible for a 12 month multiple entry work visa to come to New Zealand to investigate investment opportunities.

 

If applicable, your partner and children are eligible for multiple entry visitor’s visas for the same period.  If your children wish to study during this period they will have to apply for a student visa and meet student policy.  

 

A further 12 month multiple entry work visa is available if needed.   

 

Do I have to transfer my settlement funds to New Zealand (Investor (Investor 2 Category))?

No, you are only required to transfer your nominated investment funds to New Zealand.

 

Is any other information available?

A Client Manager is available to provide immigration, investment and settlement information. Email enquires can be directed to investors@dol.govt.nz.

 

Where can I get more detailed information?

To get further detailed information, you can:

 


Page Last Updated: 11 Sep 2009

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