The Employees of Relocating Businesses Category

This category facilitates the granting of residence to employees of businesses relocating to New Zealand, who do not qualify for residence under any existing categories.

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Requirements for the Employee of a Relocating Business Visa

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Summary of requirements

1. Employee of a relocating business
2. Ineligibility for approval under any other category
3. Compliance with employment and immigration law
4. English language requirements
5. Payment of fee and immigration levy

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1. Employee of a relocating business

Principal applicants in the Employees of Relocating Businesses Category are required to demonstrate that:

• they are an employee of a relocating business and that they are a key employee; and
• the relocation of the business is supported by New Zealand Trade and Enterprise.

2. Ineligibility for approval under any other category

A business immigration specialist must be satisfied that the principal applicant in the Employees of Relocating Businesses Category is not eligible for approval under any of the other categories of residence instructions.

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3. Compliance with employment and immigration law

Businesses relocated to New Zealand must comply with all relevant employment and immigration law in force in New Zealand. Compliance with relevant New Zealand employment and immigration law includes but is not limited to:

• paying employees no less than the appropriate minimum wage rate or other contracted industry standard; and
• meeting holiday and special leave requirements or other minimum statutory criteria, e.g. occupational safety and health obligations; and
• only employing people who have authority to undertake that work under the Immigration Act 2009.

Businesses relocated to New Zealand are considered to not be compliant with employment law if they fail to meet the requirements, or they are included on a list of non-compliant employers maintained by the Labour Inspectorate.

4. English language requirements

Principal applicants in the Employees of Relocating Businesses category must meet the English language requirements.

Principal applicants who lodge applications under the Employees of Relocating Businesses category meet the minimum standards of English for that category if:

• they provide acceptable English language test results, or
• they provide evidence that they have an English-speaking background which is accepted by a business immigration specialist as meeting the minimum standard of English; or
• they provide other evidence which satisfies a business immigration specialist that, taking account of that evidence and all the circumstances of the application, the person meets the minimum standard of English.

In any case a business immigration specialist may require an applicant to provide an English language test result. In such cases, the English language test result will be used to determine whether the applicant meets the minimum standard of English.

Any partner or dependent children aged 16 years and over who are included in the application must meet a minimum standard of English or, where instructions allow, pre-purchase of ESOL tuition.

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5. Payment of fee and immigration levy

Applicants applying under the Employees of Relocating Businesses Category are required to pay the appropriate fee and immigration levy.

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The Application Process under the Employee of a Relocating Business policy

The business immigration specialist at Immigration New Zealand must be satisfied that documents provided as evidence are genuine and accurate, and they may take any steps they determine necessary to verify such documents and the information they contain.

In considering the application, the business immigration specialist will liaise with the appropriate office of New Zealand Trade and Enterprise, NZTE, and may also consult the appropriate INZ branch/es.

In assessing the application, the business immigration specialist must check that claims of non-eligibility under other categories of residence instructions are plausible, and that the other criteria set out in instructions are met.

Evidence concerning the relocating business

The principal applicant must provide a statement from the CEO of the relocating business that:

• gives the name and location of the business intending to relocate to New Zealand; and
• explains why the business is relocating and how that will benefit New Zealand; and
• confirms that the business will comply with all relevant employment and immigration law in force in New Zealand.

The principal applicant must provide evidence of the business operation. This may include, but is not limited to, original or certified copies of the following documents:

• business registration
• company accounts or tax returns
• other documents, evidence and information the business immigration specialist considers necessary to determine the application.

The business immigration specialist will consult with New Zealand Trade and Enterprise to determine their support for the relocation of the business.

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Criteria for a business benefiting New Zealand

A business will be considered to benefit New Zealand if a business immigration specialist is satisfied that it promotes New Zealand's economic growth by for example:

• introducing new, or enhancing existing, technology, management or technical skills; or
• introducing new, or enhancing existing, products or services; or
• creating new or expanding existing export markets; or
• creating employment (other than for the principal applicant);

and the business is trading profitably at the time the application is made or a business immigration specialist is satisfied that it has the potential to be trading profitably within 12 months after relocating.

Evidence concerning the employee's role in the relocating business

The principal applicant must provide a statement from the CEO of the relocating business that:

• describes the current role of the employee in the business, and the employee's intended role in the relocated business; and
• explains why the employee is reasonably considered to be a key staff member.

The principal applicant must provide evidence of their role in the relocating business. The evidence may include, but is not limited to, original or certified copies of the following documents:

• references from employers;
• on company letterhead; and
• stating the occupation and dates of employment; and
• giving the contact phone number and address of the employer
• letters of appointment;
• certificates of service;
• pay slips;
• job specifications;
• tax records;
• job assessments;
• other documents, evidence and information the business immigration specialist considers necessary to determine the application.

Failure of a business to relocate to New Zealand

Applications for a resident visa must be declined if principal applicants do not present acceptable evidence that the business has relocated to New Zealand within 24 months from the date of approval in principle.

Temporary visa to arrange business relocation

1. After approval in principle, a work visa may be granted (once an application has been lodged) to allow the principal applicant to arrange the business relocation to New Zealand.
2. The work visa will be current for 24 months after approval in principle has been given and be granted with travel conditions allowing multiple journeys.
3. Visitor visas for the same period may be granted (once an application has been lodged) to the principal applicant's partner and dependents.
4. Student visas for the same period may be granted (once an application is lodged) to those of the principal applicant's dependants who wish to study, in accordance with current student instructions.

Read more on becoming a resident under the Employees of Relocating Business Policy.