BL9.1 Residence visas/permits subject to section 18A requirements (30/11/2009)

Immigration Act 1987 s 18A(1), (2)

1. All residence permits granted under the Entrepreneur Plus Category must impose the following requirements on the permit holders, under section 18A of the Immigration Act 1987, and all residence visas or returning residence visas issued under this policy must specify that the following requirements will be imposed under section 18A on the holder of a residence permit granted under this policy:
   1. the principal applicant must be self employed in the business for a minimum of two years (inclusive of time spent operating the business while holding a Long Term Business Permit); and
   2. the principal applicant must retain the investment and maintain the created jobs in the established business for a minimum of two years (inclusive of time spent operating the business while holding a Long Term Business Permit); and
   3. the principal applicant informs the nearest branch of INZ of any changes of New Zealand address during the section 18A requirement period.
2. Any accompanying partner and dependent children of a principal applicant issued with a residence visa or granted a residence permit will be subject to the requirement that the principal applicant comply with the requirements of their visa or permit.

BL9.1.5 Imposing requirements

Principal applicants are advised of the requirements imposed in a letter that states:

1. the requirements; and
2. that failure to comply with the requirements may result in the revocation of the permit under section 20(1)(d) of the Immigration Act 1987; and
3. that the requirements will continue to apply while any returning resident's visa issued is still current; and
4. that the requirements will apply to any residence permit granted on the applicant's return to New Zealand, within the section 18A requirement period.

BL9.1.10 Reminder from Immigration New Zealand to provide evidence of section 18A requirements being met

1. Immigration New Zealand will attempt to contact the principal applicant three months before the expiry of the section 18A requirements period requesting evidence that section 18A requirements are being met.
2. The evidence must be provided no later than three months after the expiry of the section 18A requirements period.

BL9.1.15 Meeting section 18A requirements

1. The principal applicant will need to show that they have:
   1. been self employed in the business for at least two years (inclusive of time spent operating the business while holding a Long Term Business Permit); and
   2. retained the investment and maintained the created three full-time positions for New Zealand citizens or residents in the established business for at least two years (inclusive of time spent operating the business while holding a Long Term Business Permit).
2. Notwithstanding (a) (ii) above, where the principal applicant fails to retain the investment and/or maintain the created three full-time positions in the established business, a business immigration specialist may consider, on a case by case basis, whether the failure was beyond the control of the principal applicant (eg. unforeseen economic conditions) and if satisfied that this was the case, may consider the section 18A requirements met.
3. Suitable evidence to prove that the principal applicant has met the section 18A requirements (see BL9.1) must be produced by a reliable independent agency or professional (for example, a solicitor or chartered accountant) and can include, but is not limited to, original or certified copies of the following documents:
   • a Certificate of Incorporation
   • financial accounts
   • GST records
   • other tax records
   • Employment agreements/contracts
   • IRD Employee schedules
   • Payslips
   • Job specifications
   • Letters of appointment
   • Evidence of employees New Zealand citizenship or resident status (for example: passport, birth certificate)
   • property purchase or lease documents relating to the business' site
   • invoices for business equipment and supplies
   • other documents, evidence and information a business immigration specialist considers may demonstrate reasonable steps taken to maintain the business as a going concern (e.g. employment agreements, bank statements, utility company invoices).

BL9.1.20 Compliance with requirements

When the principal applicant under this category satisfies a business immigration specialist that the requirements imposed on their residence permit under section 18A(1) have been complied with, those requirements will no longer apply and the officer will advise the applicant in writing.

Effective 30/11/2009