BB5 Changing a business proposal

1. The holder of an Entrepreneur Work Visa may submit one request to change their business plan within the validity of their visa. Any changes proposed must be minimal, or the request will be declined.
2. Change requests may be granted if a business immigration specialist is satisfied that:
   1. the changes proposed are minimal and do not significantly alter the nature of the proposed business; and
   2. there are genuine reasons for changing the original business proposal; and
   3. the business still requires the same or a greater level of capital investment (see BB3.5.10) than the original business proposal; and
   4. the proposed changes would have been granted the same or greater points in the points scale set out in BB3.10(d); and
   5. the business still meets the requirements for a business plan as set out in BB3.15; and
   6. the applicant has sufficient business experience relevant to the proposed business; and
   7. the business continues to offer at least the same level of benefit to New Zealand, including full time positions created for New Zealand citizens or residents, annual turnover, new exports and/or the introduction of unique products or services to New Zealand or to a particular region; and
   8. the applicant continues to meet the fit and proper person requirements set out at BM1.
3. If the request to change a business proposal is refused for reasons set out at BB5(b)(i to vii), the applicant must be offered the option of continuing with their original business proposal.
4. If the applicant still wishes to pursue the new business after the request for a change has been refused, they must lodge a new application for an Entrepreneur Work Visa.
5. If the applicant does not continue with the original business proposal, but starts the new business without approval or a new application being approved, they may be made liable for deportation.

Notes:
- A genuine reason for changing the original business proposal does not include inadequate market research.
- A visa holder may be made liable for deportation where they are undertaking business activities which breach the conditions of their visa.
- Long Term Business Visa holders may also apply for a Change of Plan under these instructions, but do not have to meet the requirements at BB5(b)(iv) or (v).

Effective 10/11/2016