The Entrepreneur Residence Visa

The objective of the Entrepreneur Residence Visa Category is to attract migrants who can demonstrate they have been actively participating in business and contributing to New Zealand's economic development.

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The requirements of the Entrepreneur Residence Visa Category at a glance:

1. Successful establishment and operation of a business that benefits New Zealand significantly
2. Compliance with employment and immigration law
3. English language requirements
4. Health and character requirement
5. Payment of fee and immigration levy
6. Applicants must not have accessed welfare assistance

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1. Successful establishment and operation of a business that benefits New Zealand significantly

Principal applicants in the Entrepreneur Residence Visa Category are required to:

• demonstrate that they have successfully established a business in New Zealand that realises the benefits outlined in their business plan, and have operated that business for at least: two years or six months, and
• demonstrate that the business is benefiting New Zealand significantly, and
• demonstrate that the business complies with employment and immigration law, and
• demonstrate that the same or greater amount of capital has been invested in the business as outlined in the business plan; and
• meet the fit and proper person requirements.

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Requirements for applicants who have operated a business for at least two years

To be granted an Entrepreneur Residence Visa on the basis of operating a business for two years, the principal applicant must:

• have been self-employed in that business for two years prior to the date the application under the Entrepreneur Residence Visa Category is made; and
• hold an Entrepreneur Work Visa, Long Term Business Visa or other visa which allows self-employment.
• If a principal applicant does not hold an Entrepreneur Work Visa or Long Term Business Visa, they must demonstrate they meet the requirements for an Entrepreneur Work Visa.

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‍Requirements for applicants who have operated a business for at least six months

To be granted an Entrepreneur Residence Visa on the basis of operating a business for six months, the principal applicant must:

• have been self-employed in that business for at least six months prior to the date the application under the Entrepreneur Residence Visa Category is made; and
• have made a capital investment of at least NZ$500,000 in their business; and
• have created at least three ongoing and sustainable full time jobs for New Zealand citizens or residents; and
• hold an Entrepreneur Work Visa or a Long Term Business Visa at the time the residence visa application is made.
• Applicants who have operated a business for six months must provide evidence:
• of how their investment funds have been invested in their business and how this has benefited the business or increased its value; and
• that any jobs created meet the definition of full time employment as shown by employment contracts, wage and salary records, or evidence of business turnover.
• If they have not done so previously, the principal applicant must provide evidence the investment capital, as stated in the business plan, has been transferred directly from the holder’s bank account(s) through the banking system to New Zealand.

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2. Compliance with employment and immigration law

Businesses established in 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 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.

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Where an application otherwise meets all requirements for approval and there is an incident of non-compliance with any relevant employment or immigration law in force in New Zealand, a business immigration specialist may nevertheless approve the application where:

• they are satisfied that the breach of requirements is of a minor nature; and
• evidence is provided that satisfies the business immigration specialist that the cause and consequences of the breach have been remedied.

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To determine the nature of a breach, the business immigration specialist may consult with WorkSafe New Zealand, the Labour Inspectorate and other sections of the Ministry of Business, Innovation and Employment, and/or the Accident Compensation Corporation.

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The business established is considered to not be compliant with employment law if it fails to meet the requirements or if it is included on a list of non-compliant employers maintained by the Labour Inspectorate.

3. English language requirements

• Principal applicants in the Entrepreneur Residence Visa Category must meet 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.

4. Health and character requirement

Principal applicants and partners and/or dependent children included in the application must meet health and character requirements.

5. Applicants must not have accessed welfare assistance

Applications under the Entrepreneur Residence Visa Category will also be declined if the principal applicant and any partner or dependent child/ren applied for and was granted welfare assistance under the Social Security Act 1964 while in New Zealand during the currency of their temporary visas.