BJ5.5 Approval of applications under the Investor 2 Category (to 28/07/2022)

1. Principal applicants under the Investor 2 category are assessed against:
   1. age, health, character and English language requirements; and
   2. investment requirements; and
   3. business experience requirements.
2. For an application under the Investor 2 category to be approved:
   1. the principal applicant must qualify for the points on the basis of which their EOI was selected from the Pool; and
   2. the principal applicant and family members included in the application must meet health and character requirements; and
   3. the principal applicant must be aged 65 years or younger; and
   4. the principal applicant must have a minimum of three years of business experience; and
   5. the principal applicant must qualify for at least 1 point for English language ability (see BJ5.35); and
   6. the principal applicant must nominate investment funds and/or assets equivalent in value to at least NZ$3.0 million; and
   7. the principal applicant must demonstrate ownership of the nominated funds and/or assets and that they have been legally earned or acquired; and
   8. the principal applicant must meet fit and proper person requirements (see BM1).
3. Despite BJ5.5(b)(i) above, 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 BJ4.15), 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.

BJ5.5.1 Applications made on the basis of a further ITA

1. Despite BJ5.5 and BJ2.5.10, an application under the Investor 2 category can be approved if:
   1. it is made on the basis of a further ITA issued in line with BJ4.25.1;
   2. the requirements of either (b) or (c) below are met.
2. An application based on a further ITA can be approved if the principal applicant has chosen to be assessed against the immigration instructions in place at the time their EOI was selected and they meet those instructions.
3. An application made on the basis of a further ITA issued can be approved if the principal applicant has chosen to be assessed against the instructions in place at the time their application is made and:
   1. the principal applicant meets the requirements of BJ5.5 above, except for BJ5.5(b)(i); and
   2. if the applicant nominated investment funds and/or assets equivalent to more than NZ$3.0 million in their EOI, they have nominated at least the same amount of funds and/or assets in the application.
4. Where an application is made on the basis of a further ITA and the applicant already made an application under Investor 2, medical, chest X-ray and police certificates from the first application may be used to determine whether applicants meet health and character requirements, despite the requirements setting out the validity of such certificates in A4.20 and A5.10.

Effective 19/06/2017