The temporary class category of the business immigration instructions is the Entrepreneur Work Visa Category. Persons who are granted a work visa under the Entrepreneur Work Visa Category will have the opportunity to apply for residence, including under the Entrepreneur Residence Visa Category. Such persons will need to meet the relevant residence category requirements applying at the time that their residence class visa application is made. Such residence category requirements may differ from those that applied at the time that the person's Entrepreneur Work Visa application was made or at the time of the grant of the work visa under the Entrepreneur Work Visa Category.

The following business immigration categories are part of residence instructions:

• Entrepreneur Residence Category
• Employees of Relocating Businesses Category
• Migrant Investment Categories

- Investor 1 Category
- Investor 2 Category

Generic provisions

The residence class categories have generic provisions covering the following matters:

• English language requirements (the International English Language Testing System (IELTS), which shows an overall band score of at least 4 in the IELTS General or Academic Module for a principal applicant);
• Payment of migrant levy;
• Health and character requirements

Entrepreneur Work Visas

1. The Entrepreneur Work Visas is a category of temporary entry class visa with conditions that allow self-employment in New Zealand.

2. Applicants for an Entrepreneur Work Visa may be approved, if they meet the following conditions:

1. a minimum capital investment of NZ$100,000, excluding working capital (as defined in BH6.1.50), unless this requirement is waived under BB3.5.1(b); and

2. meeting or exceeding the pass mark (see a table below)) on a scale which awards points for factors relating to the likely success of the proposed business and its value to New Zealand.

3. Applicants and any partner or dependent child/ren accompanying them must meet health and character requirements for residence as set out at A4 and A5.

4. Applicants and any partner or dependent child/ren accompanying them must also meet all requirements under Generic Temporary Entry Instructions.

Currency of Entrepreneur Work Visas

1. An Entrepreneur Work Visa may be granted for a total period of up to 3 years, encompassing an Entrepreneur Start-Up stage and Entrepreneur Balance stage. Only one fee will be charged for an Entrepreneur Work Visa.
2. The Entrepreneur Start-Up stage is the first 12 months of the Entrepreneur Work Visa (though a business immigration specialist may extend the Entrepreneur Start-Up stage). During the Entrepreneur Start-Up stage, the holder of the Entrepreneur Work Visa is expected to establish and commence the operation of an agreed business in New Zealand.
3. If the holder does not meet the requirements in BB4.5(a) during the Entrepreneur Start-Up stage, the visa expires at the end of the Entrepreneur Start-Up stage.
4. If the holder does meet the requirements in BB4.5(a), the visa will be valid for the balance of the 3 year period. This is the Balance stage of the Entrepreneur Work Visa.
5. A further Entrepreneur Work Visa (also known as a Renewal) may be granted beyond the 3 year period, if the conditions at BB4.10 are met, the application is approved by a business immigration specialist, and the prescribed fee is paid.

Conditions of Entrepreneur Work Visas

1. The conditions specified on an Entrepreneur Work Visa will include the following conditions relating to work:
1. As: Self-employed
2. For: (Business type and trading name of business)
3. At: (Location of business)
2. The travel conditions on the visa will give permission to travel to New Zealand for multiple journeys.
3. Entrepreneur Work Visas and any other temporary visas granted to the holder of an Entrepreneur Work Visa’s partner or dependent child/ren are subject to the condition that the holder must not apply for and be granted welfare assistance under the Social Security Act 1964 while in New Zealand during the currency of their Entrepreneur Work Visas or any visa gained through their relationship with a holder of an Entrepreneur Work Visa.

Points scale for an Entrepreneur Work Visa

1. Applications must meet a minimum score of 120 or more points, in order to be granted an Entrepreneur Work Visa. Applications not meeting the minimum score of 120 points will be declined.
2. Applicants must be able to demonstrate to the satisfaction of a business immigration specialist why they should be awarded the points they have claimed.
3. Business immigration specialists must give written reasons for declining the application and not awarding any points claimed.
4. The following table outlines the points that can be awarded for an Entrepreneur Work Visa application:

 

Investor 1 Category

1. Principal applicants under the Investor 1 Category are assessed against:
1. health and character requirements; and
2. investment funds requirements.
2. For an application to be approved under the Investor 1 Category:
1. the principal applicant and family members included in the application must meet health and character requirements and
2. the principal applicant must nominate funds and/or assets equivalent in value to at least NZ$10 million and demonstrate ownership of these funds and/or assets; and
3. the principal applicant must demonstrate that the nominated funds have been legally earned or acquired; and
4. the principal applicant must undertake to invest NZ$10 million for a period of three years in New Zealand and transfer and place the funds in an acceptable investment

Investor 2 Category

1. Principal applicants under the Investor 2 Category are assessed against:
1. age, health, character and English language requirements; and
2. investment and settlement fund requirements; and
3. business experience requirements.
2. For an application under the Investor 2 category to be approved:
3. the principal applicant and family members included in the application must meet health and character requirements; and
4. the principal applicant must qualify for the points on the basis of which their EOI was selected from the Pool; and
1. the principal applicant must be aged 65 years or younger; and
2. the principal applicant must have a minimum of three years of business experience; and
3. the principal applicant must have a minimum overall band score of IELTS 3 for English language ability; and
4. the principal applicant must nominate investment funds and/or assets equivalent in value to at least NZ$1.5 million; and
5. the principal applicant must nominate NZ$1 million of settlement funds; and
6. the principal applicant must demonstrate ownership of the nominated funds and/or assets and that they have been legally earned or acquired.
5. Despite BJ5.5(b)(ii) 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 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.