BD7.1 Variation of conditions to change business during the Operating stage

1. Holders of a Business Investor work visa should apply for a variation of the conditions of their visa if they wish to change the type of business that they are actively involved in operating.
2. Business immigration specialists may grant a variation of conditions provided the applicant completes the relevant application for Variation of Conditions and produces:
   1. the appropriate fee; and
   2. a valid passport (or a certified copy) or travel document (or a certified copy), if not previously provided; and
   3. documents which support the requested variation that show the requirements in (c) below are met; and
   4. any other documents requested by the business immigration specialist.
3. A change of business type may be approved if a business immigration specialist is satisfied that:
   1. the proposed new business is not an excluded business (see BD9.15); and
   2. the proposed new business is a lawful business enterprise (see BD9.30); and
   3. the proposed new business will employ at least 5 people in full time equivalent positions (see BD9.35); and
   4. the Business Investor work visa holder will be actively involved (see BD9.1) in operating the business; and
   5. the Business Investor work visa holder has obtained professional or occupational registration in New Zealand if registration is required for operating the proposed business or intends to obtain such registration prior to commencing the business if required; and
   6. the Business Investor work visa holder continues to be a fit and proper person.
4. A variation of conditions will only be granted where the varied conditions still meet the objectives of these instructions.
5. A variation of conditions must be declined if the proposed business would create an unacceptable risk to the integrity of New Zealand’s immigration or employment laws or policies or international reputation (see BD9.70).
6. A Business Investor work visa holder may have their business conditions varied under these instructions once only during the validity of their Business Investor work visa.
7. A Business Investor work visa holder whose visa was granted under BD8 Business Investor work visa (Renewal) will not have their visa conditions varied under these instructions.

Notes:
-Where a Business Investor work visa is varied under these instructions, the period required to successfully operate the business (see BI2.5(a) and BI2.10(a)) will begin from the date the Business Investor work visa holder begins operating the business according to the varied conditions.

Effective 24/11/2025