Acceptable investments for a Business Investor Work Visa

As part of your application for a Business Investor Work Visa, you must nominate an established New Zealand business you intend to invest in by purchasing the business and it.

The business you invest in must:

• have been trading for at least 5 years
• be lawful and currently operating in New Zealand
• comply with immigration, employment and business standards
• have a purchase price of at least NZD $1 million (not including property value or goods and services tax (GST)) that would result in you owning at least 25% of the business
• employ at least 5 equivalent staff
• not already be owned by yourself or any family member
• not have been used in an approved application in the last 10 years for a:
  • Business Investor Work Visa
  • Business Investor Resident Visa
  • Entrepreneur Work Visa, or
  • Entrepreneur Resident Visa.

Business Investor Work Visa

There are some types of businesses you cannot invest in called 'excluded businesses'. These include:

• businesses directly involved in:
  • drop-shipping
  • gambling
  • the manufacturing of tobacco or other nicotine-based products, including vaping
  • adult entertainment
• convenience stores (for example, corner dairies)
• businesses that offer immigration advisory services, or that were purchased from an immigration adviser, or where an immigration adviser is materially involved
• discount or value stores (for example, NZD $2 shops)
• fast food outlets
• franchised businesses
• labour hire companies
• home-based businesses (businesses only operating from a residential address).

Your business must comply with certain immigration, employment and business standards.

The business and any of its must:

• not currently be on a stand-down list for breaches of employment or immigration standards
• have resolved any issues relating to being on a stand-down previously, if they have been on one before
• not have given false or misleading information to us, or withheld information about a visa application
• not have allowed a person to work, if that work was not allowed under their visa conditions
• be working in New Zealand lawfully with valid visas
• not have received a prison sentence or home detention for immigration offences
• not have been convicted of any offence under the Immigration Act 2009 or Crimes Act 1961
• be allowed to work as a director or manager of an incorporated company or unincorporated body under the Companies Act 1993
• not charge unlawful fees, or pass on recruitment, training or equipment costs, to Accredited Employer Work Visa (AEWV) holders or applicants.

Employers on stand-down — Employment New Zealand

Immigration stand-down list

If the business or any of its key people have active non-compliance cases pending that could result in them not meeting the requirements, your Business Investor Work Visa application can be put on hold until there is an outcome.

You must undertake financial and legal due diligence of your nominated business and ensure it meets all the above requirements. We cannot pre-approve a business.

As part of your application, you must provide:

• a completed Business Proposal form, demonstrating that your nominated business meets the above requirements and describing the due diligence undertaken
• a valuation of your nominated business from a qualified statutory accountant
• supporting documentation, including the evidence asked for in the Business Proposal form
• confirmation that you understand the legal and financial position of the nominated business and any associated risks
• confirmation from a qualified statutory accountant of financial due diligence into your nominated business, and
• confirmation from a New Zealand lawyer of legal due diligence into your nominated business.