In early March 2025, Immigration New Zealand (INZ) released new policies for the Active Investor Plus (AIP) visa. As we discussed in our previous article More ways to Invest: Active Investor Plus Visa Changes, two simplified categories—Growth and Balanced—will replace the existing framework from 1 April 2025.

Key Changes to AIP Visa

The key changes are summarised in the table below (adapted from INZ’s factsheet):

 

Key Features Growth Balanced
Minimum Investment Amount

 

NZD $5 million NZD $10 million
Acceptable Investments New Zealand Trade and Enterprise (NZTE) determines investments are acceptable:

  • Managed funds
  • Direct investments

 

INZ determines investments are acceptable

  • Bonds (Government, local government, corporate, traded on NZDX)
  • Listed equities
  •  New property development (residential, rental, social housing; commercial and industrial; investment sensitive land as specified and approved by the Overseas Investment Office (OIO))
  • Existing commercial or industrial property developments (including investment in sensitive land as specified and approved by the OIO)
  • Philanthropy
  • Direct investments
  • Managed funds

 

Investment Period 3 years 5 years
Time to be spent in NZ 21 days 105 days

* unless eligible for a reduction by investing above the minimum investment amount into direct investments or managed funds.

  • $11 million = 14-day reduction
  • $12 million = 28-day reduction
  • $13 million = 42-day reduction
Time to transfer and invest 6 months from the date of Approval in Principle, with the option to apply for a one 6 month extension (12 months total)
Section 49 investment retention checkpoints 24 months

36 months

24 months

60 months

English Language No requirement No requirement

Key Changes to Acceptable investments

The updated instructions offer greater flexibility, allowing a broader range of businesses and funds to qualify. This provides more investment opportunities for investor migrants and enhances capital-raising options for New Zealand companies to raise capital.

While these updates may create the impression that securing a visa through investment is now easier, the process remains complex. One of the most critical aspects is ensuring that the investment meets the new eligibility criteria.

Growth Category

Under the new rules, NZTE will assess Growth Category investments, with key changes including:

  1. Investments no longer need to demonstrate potential for “global success” or “high growth”. Businesses focused on the domestic market can now be considered, however, need to deliver economic and other positive impact for New Zealand.
  2. Business model should not involve property acquisition or ownership;
  3. Investments in businesses that depend on property as part of their business model are allowed in the following sectors:
  • Technology
  • Manufacturing
  • Food and beverage
  • Renewable energy
  • Aged care
  • Primary sector (e.g., horticulture, including post-harvest infrastructure, forestry, agriculture, aquaculture)
  • Infrastructure (e.g., tourism, film, health, and education).

These changes significantly expand direct investment opportunities, allowing AIP applicants to invest in businesses aligned with their interests while supporting New Zealand’s economic growth.

 

Direct Investments

 To qualify as an acceptable direct investment under the new instructions, an investor must:

  1. Invest in one of the following:
  • Listed equities deemed acceptable under INZ instructions as a wholesale investor
  • An equity security in an investee entity
  • A financial product (e.g., convertible note, preference share, or Simple Agreement for Future Equity) that can be converted into an equity security in an investee entity
  1. Obtain confirmation from NZTE that either:
  • The listed equity investment was pre-approved by NZTE before funds were invested, or
  • The investee entity qualifies as an acceptable direct investment
  1. Maintain ownership interest by:
  • Holding a direct ownership interest in the entity, or
  • Holding a sole beneficial interest in a trust whose trustee has a direct ownership interest in the entity, or
  • Appointing a nominee under a bare nominee structure to hold shares or securities on their behalf

Even if the investee entity ceases to be a New Zealand resident entity post-investment, the funds will still be considered an acceptable investment.

Managed Funds

 Managed funds investments must be made in:

  • Managed investment products issued by a scheme listed on NZTE’s acceptable managed fund list
  • A discretionary investment management service listed as acceptable by NZTE

A managed fund product is not classified as an acceptable Growth Category investment unless it is on NZTE’s list. However, it may qualify under the Balanced Category investment class if it is structured to raise funds for:

  • Investing in listed equities that meet INZ’s requirements
  • Residential, commercial, or industrial property acquisition or development meeting INZ’s requirements
  • Bonds that meet INZ’s requirements
 On-Call Investments

 Investors placing funds in managed funds but awaiting fund manager allocation must hold them in on-call investments.  Main conditions include:

  • Legal Agreement: A binding commitment must exist.
  • Fund Management: Managed by the investor or an authorized party (e.g., a bank or financial adviser).
  • Investment Compliance: Must meet NZ regulatory and Financial Markets Authority requirements.
  • Investment Restrictions: Funds may be temporarily held in NZ bank accounts or term deposits (up to six months).

 Balanced Category

 Property Development

To qualify as acceptable, investments in property development must fall into one of the following categories:

  1. New property developments, including:
    1. Residential
    2. Commercial
    3. Industrial
  2. Existing commercial or industrial property developments.

For developments on sensitive land, approval under the Overseas Investment Act 2005 is required, either through consent or an exemption.

a. Residential Property Development: For a residential development to be eligible, it must meet these conditions:

  • It must be a new development (not a renovation or extension).
  • The development must increase the housing stock (more than a single dwelling).
  • It must have the necessary approvals or consents from relevant authorities.
  • The investment should aim for a commercial return, such as rental income.
  • The applicant or their family cannot reside in the developments.

b. Commercial/Industrial Property Development: Commercial or industrial property developments are acceptable if they:

  • Are used for business purposes (not residential).
  • Are capable of generating a commercial return.
  • Are not vacant land unless development plans are submitted and work has started.
  • Include improvement plans approved by INZ.
  • The applicant or their family cannot live in the development.
  • If a new development, the necessary resource consents must be in place.

c. Industrial Property includes facilities such as warehouses, manufacturing, distribution, and logistics.

 Bonds

To qualify as acceptable investment, the bonds must be placed in:

  • Issued by the New Zealand government or local authorities.
  • Traded on the New Zealand Debt Securities Market (NZDX).
  • Issued by New Zealand firms with at least a BBB- rating from recognized credit rating agencies.
  • Issued by New Zealand registered banks.
  • Issued by finance companies that are wholly owned subsidiaries of an NZX-listed company or local authority, raise capital solely for the parent, and have an unconditional guarantee from the parent.

Managed funds investing in bonds may also qualify if the underlying bonds meet these requirements.

Challenges

The changes to the AIP policies are aimed at making New Zealand a more attractive destination for investment. The key benefits of these policy updates include:

  • Increasing the scope of acceptable investment – providing more flexibility for investors.
  • Removing the English language requirement – making the process more accessible to investors from non-English-speaking countries, e.g. China.
  • Reducing the time spent in New Zealand- allowing for a more efficient investment experience.
  • Reducing the investment timeframes – helping investors achieve their goals more quickly.
  • Removing the cap on investment – offering greater opportunities for larger-scale investments.
  • Simplifying investment process – streamlining procedures for faster approvals and easier navigation. Applications are assessed by NZTE AIP Committee approximately fortnightly.

However, despite these advantages, investors may still encounter challenges. These include:

  1. Legally acquired funds – The nominated funds and/or assets must be legally earned or acquired, free from encumbrances, and have acceptable valuations.
  2. Transferring funds from countries with foreign exchange controls, e.g. China – The Qualified Domestic Institutional Investor (QDII) and Qualified Domestic Limited Partnership (QDLP) schemes are not accepted in AIP applications. As such, investors from these regions should engage professionals early to develop a customised investment plan that ensures compliance with all regulatory requirements.
  3. Due diligence for investment decisions – All investments carry risks, whether in the growth or balanced category. Conducting thorough due diligence on potential projects and seeking professional advice can help reduce risks and increase the potential benefits of your investment. It is important to approach the process as an investment opportunity, not just as a path to obtaining a visa.

 Message to Investors

 While these changes may give the impression that securing a visa by bringing funds into New Zealand is now easier, the process remains complex. The key factor is ensuring investments meet the strict criteria set by INZ and NZTE.

Investors must carefully structure their funds to align with these requirements to secure eligibility under the AIP scheme. Seeking expert guidance from the outset is crucial to navigating complexities and making informed investment decisions.

How We Can Help

Our team combines expertise in immigration, commercial, and property to provide comprehensive guidance tailored to your needs. Whether you require assistance with immigration procedures, investment structuring, or property regulations, we are here to help.

Feel free to reach out for expert advice and a personalised strategy to make your investment and visa application process as smooth as possible.

Please note that this article not a substitute for legal advice and you should contact your lawyer about your specific situation. Please feel free to contact us by email immigration@parryfield.com or by phone 03 348 8480.

新规定,新机遇: 2025年积极投资者(AIP)签证指南

 

2025年3月初,新西兰移民局(INZ)发布了新的积极投资者(AIP)签证政策。如之前讨论的,自2025年4月1日起,现有框架将被两个简化类别——增长类(Growth)和平衡类(Balanced)取代。

 AIP 签证的主要变更

 

主要变化总结如下表:

增长类别 平衡类别
最低投资额 $500万纽币 $1千万纽币
可接受投资 由新西兰贸易发展局(NZTE)确定可接受的投资:

  • 管理基金
  • 直接投资
由INZ确定可接受的投资:

  • 债券(政府债券、地方政府债券、公司债券、在NZDX交易)
  • 上市股票
  • 新房地产开发(住宅、租赁、社会住房;商业和工业项目;需海外投资办公室(OIO)批准的敏感土地)
  • 现有商业或工业房地产开发(包括投资OIO批准的敏感土地)
  • 慈善投资
  • 直接投资
  • 管理基金
投资期限 3年 5年
在新西兰停留时间 21天 105天
* 若投资额超过最低投资要求,可减少停留时间。·         $1.1千万纽币 = 减少14天停留时间·         $1.2千万纽币= 减少28天停留时间

  • $1.3千万纽币= 减少42天停留时间
资金转移及投资期限 自原则批准日起6个月(可申请额外6个月延期,最多12个月)
49条投资保留核查时间点 24 月

36 月

24 月

60 月

英语要求 无要求

可接受投资的关键变化

最新规定提供了更大的灵活性,使更多企业和基金符合资格。这为投资移民提供了更多投资机会,同时增强了新西兰企业的集资选择。

尽管这些更新可能让人觉得通过投资获得签证变得更容易,但整个流程依然复杂。其中最关键的一点是确保投资符合新的资格标准。

 

增长型

 根据新规定,NZTE将评估增长类别投资,主要变化包括:

  1. 投资不再需要证明其具有“全球成功”或“高增长”潜力。专注于国内市场的企业现在也可被纳入考量,但需为新西兰带来经济及其他积极影响。
  2. 商业模式不得涉及房地产收购或持有。
  3. 以下行业中涉及房地产作为商业模式一部分的企业可获批准:
    • 科技
    • 制造业
    • 食品和饮料
    • 可再生能源
    • 老年护理
    • 第一产业(如园艺,包括后收获基础设施、林业、农业、水产养殖)
    • 基础设施(如旅游、电影、医疗和教育)

这些变化大大拓展了直接投资的机会,使高净值投资移民AIP申请人能够投资符合自身兴趣的企业,同时推动新西兰经济增长。

 

直接投资

 要符合新规定下的可接受直接投资,投资者必须:

  1. 投资于以下之一:
    • 依照INZ政策,作为批发投资者投资于认可的上市股票
    • 被投资企业的股权证券
    • 可转换为被投资企业的股权证券的金融产品(如可转换债券、优先股或未来股权简单协议)
  1. 获得NZTE确认,确保:
    • 上市股票投资在资金投入前已获得NZTE预先批准,或
    • 被投资企业符合可接受直接投资的条件
  2. 维持所有权权益方式:
    • 直接持有被投资企业的所有权权益,或
    • 作为信托唯一受益人,信托受托人持有被投资企业的所有权权益,或
    • 指定名义受托人代表持有股份或证券

即使被投资企业在投资后不再是新西兰本地企业,资金仍被视为可接受投资。

管理基金

管理基金投资必须:

  • 购买NZTE认可基金清单上的管理基金产品
  • 选择NZTE认可的自主投资管理服务

管理基金产品不被归类为可接受的增长类别投资,除非列入NZTE清单。然而,如果基金专注于以下领域,可归入平衡类别投资:

  • 投资符合INZ要求的上市股票
  • 投资符合INZ要求的住宅、商业或工业地产收购或开发
  • 投资符合INZ要求的债券
 短期流动性(on-call)投资

 投资者将基金存入管理基金,但等待基金经理配置时,必须存入短期流动性(活期)投资。主要条件包括:

  • 法律协议:必须有具约束力的承诺。
  • 资金管理:由投资者或授权方(如银行或财务顾问)管理。
  • 投资合规性:必须符合新西兰监管和金融市场管理局(FMA)要求。
  • 投资限制:资金可临时存入新西兰银行账户或定期存款(最长六个月)。

 平衡型

 房地产开发

 要符合可接受投资标准,房地产开发投资必须属于以下类别之一:

  1. 新建房地产开发,包括:
    • 住宅
    • 商业
    • 工业
  2. 现有的商业或工业房地产开发。

对于涉及敏感土地的开发,必须根据《2005年海外投资法》获得批准,或符合豁免条件。

 

a. 住宅房地产开发

必须满足以下条件:

  • 必须是新开发项目(非翻新或扩建)。
  • 必须增加住房存量(超过单户住宅)。
  • 必须获得相关机构的必要批准或许可。
  • 投资应以商业回报为目标,例如租金收入。
  • 申请人及其家人不得居住于开发项目中。

 b. 商业/工业房地产开发

必须符合以下标准:

  • 仅用于商业目的(不得用于住宅)。
  • 能够产生商业回报。
  • 不得是闲置土地,除非已提交开发计划且工程已启动。
  • 必须有INZ批准的改进计划。
  • 申请人及其家人不得居住在开发项目中。
  • 若为新开发,必须具备必要的资源许可。

c. 工业地产,包括仓储、制造、配送和物流等设施。

 债券

可接受的债券投资必须满足以下条件之一:

  • 由新西兰政府或地方政府发行。
  • 在新西兰债务证券市场(NZDX)交易。
  • 由获得公认信用评级机构至少BBB-评级的新西兰公司发行。
  • 由新西兰注册银行发行。
  • 由NZX上市公司或地方政府全资子公司发行,仅为母公司筹集资金,并获得母公司无条件担保。

投资于债券的管理基金也可符合要求,前提是其基础债券符合上述标准。

 

挑战

AIP政策的变化旨在使新西兰成为一个更具吸引力的投资目的地。这些政策更新的主要好处包括:

  • 扩大可接受投资的范围 – 为投资者提供更多灵活性。
  • 取消英语语言要求 – 使来自非英语国家(如中国)的投资者更容易参与。
  • 减少在新西兰的停留时间 – 使投资过程更加高效。
  • 缩短投资时限 – 帮助投资者更快地实现目标。
  • 取消投资上限 – 提供更大规模投资的机会。
  • 简化投资流程 – 简化程序,加快审批速度,便于导航。申请将由新西兰贸易和企业部(NZTE)AIP委员会大约每两周评审一次。

然而,尽管有这些优势,投资者仍然可能面临一些挑战。这些挑战包括:

  1. 合法获得的资金 – 提名的资金和/或资产必须合法赚取或获得,且没有任何负担,并且估值需符合要求。
  2. 来自外汇管制国家的资金转移(如中国) – 合格的国内机构投资者(QDII)和合格的国内有限合伙人(QDLP)计划不被接受用于AIP申请。因此,来自这些国家的投资者应尽早与专业人士合作,定制具体的投资计划,确保符合所有监管要求。
  3. 投资决策的尽职调查 – 所有投资都存在风险,无论是在增长型类别还是平衡型类别。对潜在项目进行深入的尽职调查,并寻求专业建议,可以帮助降低风险并提高投资的潜在回报。重要的是要将这一过程视为投资机会,而不仅仅是获得签证的途径。

写在最后

 尽管这些变化可能让人觉得将资金带入新西兰即可轻松获得签证,但实际操作仍然复杂。关键在于确保投资符合INZ和NZTE设定的严格标准。

投资者必须谨慎安排资金,使其符合这些要求,以确保AIP计划的资格。从一开始就寻求专家指导至关重要,以便顺利应对复杂流程,并做出明智的投资决策。

欢迎垂询 竭诚服务

我们的团队结合了移民、商业和房地产领域多年的专业知识与经验,能为您提供量身定制的全方位咨询服务。无论您需要移民程序指导、投资结构建议,还是房地产法规支持,我们都可以提供帮助。

欢迎随时联系我们。我们竭诚为您服务,让您的投资与移民旅程更加顺畅。

请注意,本文章不能替代法律意见,您应咨询律师以了解您的具体情况。如有任何问题,欢迎通过电子邮件 immigration@parryfield.com 或电话 03 348 8480 联系我们。

The New Zealand Government is modernising its visa settings to encourage foreign investment and stimulate economic growth. From 1 April 2025, changes to the Active Investor Plus (AIP) visa will make it simpler and more attractive for high-value investors to choose New Zealand as a destination for their capital, skills, and business ventures. “Foreign investment has the potential to provide jobs for Kiwis, lift incomes by delivering new businesses and investing in existing ones”, Economic Growth Minister Nicola Willis has said.

Key Changes to the AIP Visa

The revamped visa introduces two streamlined investment categories:

  • Growth Category: Requires a minimum investment of NZD $5 million in high-risk, direct investments in New Zealand businesses for at least three years.
  • Balanced Category: Requires a minimum investment of NZD $10 million over five years, with a broader range of investment options, including bonds and property developments (new residential, commercial, or industrial projects).

Other changes include:

  • Expanded investment options for the Balanced Category, including Bonds.
  • Fewer immigration requirements for those choosing active investments, for example, time required to be spent in NZ.
  • Faster investment timelines—investors must allocate funds within six months of visa approval (with a possible six-month extension).
  • Removal of the English language requirement to lower barriers for investors.

 

See Immigration New Zealand’s table below for a breakdown of the two new categories.

Category

Minimum Investment Amount

 

Acceptable Investments

Investment Period

Time to be spent in NZ

Time to transfer and invest

Section 49 investment retention checkpoints

English Language

Growth

NZD $5 million NZTE determines investments are  acceptable:

  • Managed funds
  • Direct investments

 

3 years 21 days 6 months from the date of Approval in Principle, with the option to apply for a one 6 month extension (12 months total) 24 months

36 months

No requirement

Balanced

NZD $10 million INZ determines investments are acceptable

  • Bonds (Government, local government, corporate, traded on NZDX)
  • Listed equities
  • New property development (residential, rental, social housing; commercial and industrial; investment sensitive land as specified and approved by the Overseas Investment Office (OIO));
  • Existing commercial or industrial property developments (including investment in sensitive land as specified and approved by the OIO);
  • Philanthropy
  • Direct investments
  • Managed funds
5 years 105 days

* unless eligible for a reduction by investing above the minimum  investment amount into direct investments or managed funds.

  • $11 million = 14-day reduction
  • $12 million = 28-day reduction
  • $13 million = 42-day reduction

 

24 months

60 months

No requirement

Message to investors

For investors from China, Immigration New Zealand will not accept Qualified Domestic Institutional Investor (QDII) products, as these funds must be repatriated to China at a certain point after permanent residency is granted. Further details will be released in early March, and applications will continue through the updated online system.

Our immigration team has extensive experience assisting investors. Please do not hesitate to contact our team for expert assistance. We are here to help.


Please note that this article not a substitute for legal advice and you should contact your lawyer about your specific situation. Please feel free to contact us by email immigration@parryfield.com or by phone 03 348 8480.

In December 2024, the New Zealand Government announced significant reforms to the Accredited Employer Work Visa (AEWV) and Specific Purpose Work Visa (SPWV) to create a more flexible and responsive immigration system. These changes aim to address labour shortages while ensuring fair treatment for both employers and migrant workers.

Starting from 10 March 2025, Immigration New Zealand (INZ) will implement several key updates affecting wage requirements, work experience criteria, visa durations, and hiring processes. Below is a detailed breakdown of how these changes will affect a business/employers and migrant workers.

 

Impact on Businesses/Employers

  1. Removal of the Median Wage Requirement
  • From 10 March 2025, employers will no longer be required to pay the median wage for AEWV and SPWV roles. Instead, they must pay at least the minimum wage (NZD $23.15 per hour, increasing to NZD $23.50 per hour on 1 April 2025) and ensure that migrant workers receive the market rate aligned with their roles and work location.
  • The removal of Sector Agreements means that jobs previously subject to wage exemptions or employment caps will now be treated like any other role of the same skill level.
  1. Simplified Hiring Process with MSD

The requirement for employers to engage with the Ministry of Social Development (MSD) will be declaration-based instead of requiring an Engagement Check. Employers must advertise roles in skill levels 4 and 5 and interview any suitable New Zealand candidates, but they will only need to keep records as evidence—formal approval from MSD will no longer be required.

  • If employers apply for a job check on or after 10 March 2025, they will not need an MSD Engagement Check, even if they engaged with MSD before.
  • If a job check application is in progress on 10 March 2025, it will be assessed under the new rules if it benefits the employer.
  1. Recognition of Higher ANZSCO Skill Levels

The following occupations will be recognised as ANZSCO skill level 3, including:

  • Cook (351411)
  • Pet groomer (361113)
  • Kennel hand (361115)
  • Nanny (421113)
  • Fitness instructor (452111)
  • Scaffolder (821712)
  • Slaughterer (831212)

If the employer specifies that the job needs either 3 years of work experience or a level 4 qualification, the following occupations will be recognised as ANZSCO skill level 3:

  • Agricultural and horticultural mobile plant operator (721111)
  • Excavator operator (721214)
  • Forklift driver (721311)
  • Mobile plant operators not elsewhere classified (721999)

This change means that businesses hiring for these roles will face fewer advertising and labour market test requirements.

 

Impact on Employees and Migrant Workers

  1. Lower Work Experience Requirement

From 10 March 2025, the required work experience for AEWV applicants will reduce from 3 years to 2 years, making it easier for skilled workers to qualify.

  1. Increased Visa Duration for Lower-Skilled Jobs

AEWV holders in ANZSCO skill levels 4 and 5 will be able to stay in New Zealand for up to 3 years, aligning with the maximum continuous stay allowance.

 

Impact on Migrant Workers

  1. English Language Exemptions for Some Roles

Jobs upgraded from ANZSCO skill level 4 to skill level 3 will no longer require English language testing.

  1. Interim Visa Work Rights Expansion (April 2025)

Migrant workers applying for an AEWV while holding a work visa or a student visa with work rights will now receive interim work rights. Time spent on an interim visa will count towards total AEWV stay duration and work experience for residence pathways.

  1. Higher Income Threshold for Supporting Dependent Children

The income threshold for AEWV holders to sponsor dependent children will increase from NZD $43,322.76 to NZD $55,844 per year (equivalent to 80% of the median wage). However, children already in New Zealand on a dependent visa will not be affected by this change.

  1. Median Wage Increase for Partner Sponsorship (February 28, 2025)
  • AEWV holders who wish to support a partner’s visa must meet a new wage threshold of NZD $26.85 per hour.
  • The income threshold for sponsoring parents under the Parent Category will also be updated to NZD $33.56 per hour.

 

Message to Applicants

For employers, these updates simplify the hiring process and offer more flexibility in recruitment. However, employers must still ensure the market rate aligns with the role and location. Also, it is important to keep records of engagement with MSD in case INZ conducts a post-accreditation check.

For migrant workers, these changes make it easier to work in New Zealand, but they should plan ahead before reaching the maximum continuous stay period (either 5 or 3 years).


If you need further details on how these changes affect you, your family, or your business, please reach out to our team—we are here to help.

Please note that this article not a substitute for legal advice and you should contact your lawyer about your specific situation. Please feel free to contact us by email immigration@parryfield.com or by phone 03 348 8480.

In December 2024, Immigration Minister Erica Stanford emphasised the importance of “a responsive immigration system” in rebuilding New Zealand’s economy, unveiling significant changes to the Accredited Employer Work Visa (AEWV) program. On 27 January 2025, Economic Growth Minister Nicola Willis elaborated on this vision, stating, “The change is part of the Government’s plan to unlock New Zealand’s potential by shifting the country onto a faster growth track.” One notable update is the introduction of provisions for digital nomads and remote workers to operate within New Zealand under new visa conditions.

This article outlines key updates and upcoming changes.

 

New Visitor Visa Conditions for Digital Nomads and Remote Workers

From 27 January 2025, Immigration New Zealand (INZ) will implement updated visitor visa conditions allowing visitors to work remotely for overseas employers or clients. These conditions apply to all visitor visa holders, including tourists, family visitors, those on longer-term partner or guardian visas, and individuals entering with a New Zealand Electronic Travel Authority (NZeTA).

Under these new conditions, visitor visa holders can:

  • Stay connected to their work abroad while enjoying New Zealand.

However, they must not:

  • Work for a New Zealand employer;
  • Provide goods or services to people or businesses in New Zealand; or
  • Perform work requiring a physical presence at a New Zealand workplace.

Visitors planning to work remotely in New Zealand for more than 92 days within a year should be aware of potential tax implications.

In cases where individuals do not meet these requirements, they must apply for a relevant work visa or special-category visitor visa. For example, if an elderly person or a young family plans to visit New Zealand with a caregiver or nanny, the caregiver or nanny should apply for a specific purpose work visa (SPWV), not a visitor visa. Services provided within New Zealand are considered work, regardless of whether the employer is based in New Zealand or overseas according to the immigration rules.

If you are uncertain about your individual circumstances, please contact us. Our team will provide tailored advice and a bespoke plan to meet your needs.

 

Changes to Accredited Employer Requirements

Updates to requirements for accredited employers and Recognised Seasonal Employers (RSEs) will also take effect on 27 January 2025.

Key changes include:

  • Employers will no longer need to complete Employment New Zealand’s online modules to hire migrant workers.
  • Workers will no longer be required to undertake employee modules.
  • Instead, INZ will provide links to information about employment rights and obligations during key stages of the immigration process. Employers must still ensure that migrant workers receive appropriate employment and settlement resources.

Further, the domestic workforce threshold for “triangular” employers hiring workers in certain construction roles will decrease from 35% to 15%. This adjustment aligns with thresholds in other sectors and aims to support the construction industry while maintaining a balance between domestic and migrant employment.

These reforms are part of broader updates to the AEWV programme, designed to meet New Zealand’s labour market needs while promoting domestic workforce inclusion.

 

2025 Opening Dates for Capped Working Holiday Schemes Confirmed

The 2025 opening dates for capped Working Holiday Schemes have been announced, providing young adventurers with opportunities to plan their New Zealand experiences. You can visit the INZ website for specific details about scheme caps and application deadlines.

If you miss the opening date or are unable to secure a spot, do not hesitate to contact us. Our Immigration Team can create a tailored plan to suit your circumstances and goals.

 

What is on the Horizon

Several key changes are expected to take place in 2025. Here is what we can look forward to:

  • March 2025: The removal of the median wage requirement for AEWV and SPWV holders. However, the market rate for their position and workplace location will still be required.
  • March 2025: A new earning threshold of $55,844 per year will be introduced for AEWV holders wishing to bring dependent children.
  • March 2025: The experience requirement for AEWV applicants will be reduced from three years to two.
  • March 2025: The visa duration for AEWV applicants in low-skilled roles under ANZSCO will be increased to three years.
  • March 2025: Work and Income engagement requirements will become declaration-based.
  • March 2025: The Active Investor Plus Visa will undergo revisions. The English language requirement will be removed, and additional investment options will be introduced.
  • April 2025: AEWV applicants on interim visas will gain work rights while applying for any work visa, or for those transitioning from a student visa that allows work during term time.
  • November 2025: Two new pathways for seasonal workers will be introduced. These include a three-year multi-entry visa for experienced workers and a seven-month single-entry visa for lower-skilled workers.
  • November/December 2025: A new Parent Boost Visa may be introduced, allowing parents to stay in New Zealand for up to 10 years.
  • 2025: The Skilled Migrant Category resident visa and the Green List will be reviewed.

 

Message to applicants

These updates demonstrate New Zealand’s dedication to driving economic growth while aligning its immigration policies with global trends. For more information or tailored advice, please do not hesitate to contact our team for expert assistance. We are here to help.

Please note that this article not a substitute for legal advice and you should contact your lawyer about your specific situation. Please feel free to contact us by email immigration@parryfield.com or by phone 03 348 8480.

 

31 January 2025

 

New Zealand (NZ) has become a thriving hub for entrepreneurs, offering a supportive environment and an attractive destination with its natural beauty, high living standards, and welcoming approach to immigrants. Entrepreneurs can establish themselves in NZ through the Entrepreneur Work Visa, leading to the Entrepreneur Resident Visa, offering a pathway to contribute to the economy and gain residency.

Entrepreneur Work Visa (EWV)

The EWV is the starting point for business owners or managers who wish to set up or buy a business in NZ. This visa allows successful applicants to buy or establish a business, offering a potential pathway to residency. The visa is valid for up to three years and is divided into two stages: a 12-month Start-up stage and a 24-month Balance stage.

  • Initial Entry (Start-up Stage): The first 12 months are designed to allow the applicant time to establish their business in NZ. During this period, the visa holder is expected to take tangible steps such as registering the company, securing premises, and hiring employees.
  • Balance Stage: After completing the Start-up Stage, the visa holder may continue operating their business for an additional 24 months. To progress to this stage, applicants must show sufficient progress in establishing their business and demonstrate its viability.
  • Pathway to Residency: The EWV is often seen as a stepping stone to the Entrepreneur Resident Visa, which offers residency for those who have successfully established a business.

Basic Requirements for EWV

To be eligible for an EWV, applicants must meet several key requirements:

  • Minimum Capital Investment: Applicants must have a minimum capital investment of NZD $100,000 in their business. However, in exceptional cases, Immigration New Zealand (INZ) may waive this requirement for businesses that offer unique benefits to the country.
  • Business Plan: A detailed business plan is a crucial part of the application process. This plan, dated within three months of the application, should outline the nature of the business, its structure, market opportunities, and expected financial outcomes. It must also show how the business will benefit NZ through job creation, innovation, or export opportunities.
  • Business Experience: Applicants must demonstrate relevant business experience or a proven track record in a related field, such as prior business ownership, management, or industry-specific expertise.
  • Health, Character, and Language Requirements: All applicants must meet INZ’s health and character requirements. Also, English proficiency is required, usually demonstrated by a score of at least 4 in the IELTS General or Academic module.
  • Points System: Like many NZ visa categories, the EWV operates on a points-based system. Applicants need a minimum of 120 points, with points awarded based on factors such as investment amount, job creation, business location (bonus points for businesses outside Auckland), and the applicant’s experience.

Application Process

The EWV application involves several steps:

  • Submit an Expression of Interest (EOI): Applicants begin by submitting an EOI, outlining their business proposal and points calculation.
  • EOI Assessment: If the EOI meets the 120-point threshold, it will undergo further assessment, and the applicant may be invited to submit a full visa application.
  • Submit Full Application: The full application includes detailed supporting documents such as the business plan, financial records, proof of investment funds, and evidence of business experience. INZ will also assess the business’s potential contribution to NZ’s economy.
  • Approval: If approved, the applicant receives the EWV, enabling them to enter NZ and start their business.

Entrepreneur Resident Visa (ERV)

After establishing and running a successful business under the EWV, visa holders may become eligible for the ERV, which grants residency to individuals who have proven their ability to contribute to NZ’s economy.

Requirements:

  • Business Success: Applicants must have successfully run a business in NZ for at least two years under the EWV. A fast-track option allows those who demonstrate exceptional business success to apply after just six months if they have invested at least NZD $500,000 and created at least three full-time jobs for NZ citizens or residents.
  • Character, Health, and Language: Applicants must meet the residency class requirements for character, health, and English proficiency.

Temporary visa holders who have conditions which allow for self-employment may not be aware that they also may be eligible for residency under the ERV category.  If you have been holding a visa other than an EWV which allow self-employment (for example, an open partner work visa), you can apply for an ERV provided that you can demonstrate you meet the requirements for both an EWV and ERV.

 Application Process

  • Submit Residency Application: Applicants must provide evidence of having successfully operated their business for the required period, including financial statements, tax records, employment contracts, and proof of meeting job creation or investment criteria.
  • INZ Assessment: INZ will evaluate the business’s viability and its contribution to the economy. If approved, the applicant and their family are granted permanent residency.

Benefits of the Entrepreneur Visas

Among the many advantages of this visa category, we highlight the key benefits that attract applicants and their families seeking both business success and a high quality of life in New Zealand:

  • Pathway to Residency: These visas offer a structured route to permanent residency, enabling entrepreneurs and their families to settle in NZ.
  • Supportive Business Environment: NZ’s ease of doing business, transparent regulations, and dynamic economy foster innovation and entrepreneurship.
  • Quality of Life: NZ offers stunning natural landscapes, safe cities, excellent healthcare, and high-quality education, making it an appealing destination for relocation.
  • Access to Global Markets: Located in the Asia-Pacific region, NZ provides easy access to major markets such as Australia, China, and Southeast Asia.

Common Pitfalls of the Entrepreneur Visas

We also list common pitfalls that can undermine an otherwise strong application, potentially leading to delays, rejections, or difficulties during the visa process:

  • Unrealistic or Poorly Developed Business Plan: Business plans that lack detail, market research, or clear and realistic financial projections may lead to rejection.
  • Insufficient Capital Investment: Failure to meet the minimum investment requirement of NZD $100,000 can result in an unsuccessful application.
  • Inadequate Business Experience: Lack of relevant business experience or industry knowledge can weaken INZ’s confidence in your ability to run a successful business.

Message to Applicants

For entrepreneurs looking to expand their horizons and build a life in one of the world’s most picturesque and business-friendly countries, the entrepreneur visas are ideal pathways. However, the decline rate is relatively high – meeting the 120-point threshold may, on the face of it, seem relatively easy, but it is a complex application requiring sound legal advice. It is also important to have an experienced team who can advise whether it is the right pathway for you (as there may be alternative easier pathways to residence you have not considered).

With the right business plan, investment, and commitment, entrepreneurs can turn their vision into reality while contributing to NZ’s growing economy. Our team is happy to assist you throughout this journey.


Please note that this article not a substitute for legal advice and you should contact your lawyer about your specific situation. Please contact us by email immigration@parryfield.com or by phone 03 348 8480, if you have any questions.

请注意,本文不构成法律建议,您应就您的具体情况联系您的律师。如有任何疑问,请通过邮箱 immigration@parryfield.com 或电话 03 348 8480 联系我们。

Planning a New Zealand Getaway for Christmas and New Year Holidays or Chinese and Lunar New Year? Here is your Visa Guide!

计划在圣诞和新年假期或中国春节期间前往新西兰度假吗?这是您的签证指南!

 

New Zealand (NZ) is renowned for its stunning landscapes, diverse wildlife, and vibrant culture, making it a popular destination for tourists and those visiting family. If you are looking to escape the winter chill in the Northern Hemisphere during the Christmas/New Year holidays or planning a trip to visit loved ones during the Chinese New Year, NZ offers the perfect warm-weather getaway.

新西兰以其壮丽的自然风光、多样的野生动植物和丰富的文化闻名,是游客和探亲者的热门目的地。如果您打算在圣诞节/新年假期期间逃离北半球的冬季寒冷,或计划在春节期间探亲访友,新西兰是一个温暖的度假胜地。

For those from non-visa waiver countries, a General Visitor Visa or Parent/Grandparent Visitor Visa may be required. With recent updates to visa requirements, we are here to guide you through the process and offer tips to make your application smoother.

对于来自非免签国的游客,您可能需要申请普通访问签证或父母/祖父母访问签证。由于最近对签证要求的更新,我们将为您提供申请过程的指导和一些实用的申请建议。

General Visitor Visa 普通访问签证

The General Visitor Visa is for individuals wishing to visit NZ for a short period for tourism or family visits. This visa allows you to stay in the country for up to 6 or 9 months within an 18-month period (depending on whether the visa is single or multiple entry).

普通访问签证适用于希望短期访问新西兰的个人,用于旅游或探亲。该签证允许您在18个月内在新西兰停留最多6至9个月(取决于签证是单次入境还是多次入境)。

 

Basic Requirements 基本要求:

 Valid Passport: Your passport must be valid for at least three months beyond your intended departure date from NZ. 有效护照:您的护照必须在计划离开新西兰之日起至少三个月内有效。

  • Genuine Intentions: You must demonstrate that your visit is temporary and provide clear plans for returning to your home country. 真实访问意图:您需要证明您的访问是临时的,并提供明确的回国计划。
  • Sufficient Funds: You need to show evidence that you have enough money to cover your stay in NZ, which can be demonstrated through bank statements or other financial documents. 充足的资金:您需要提供足够资金支持在新西兰的停留,这可以通过银行对账单或其他财务文件来证明。
  • Proof of Onward Travel Arrangements: You must provide evidence of your travel plans, such as a return ticket or onward travel arrangements. 有证据的后续旅行安排:您必须提供您的旅行计划,如返程机票或后续旅行的安排。
  • Health and Character: In some cases, applicants may need to undergo medical exams to prove an acceptable standard of health and provide police certificates to prove good character. 健康和品行:在某些情况下,申请人可能需要进行健康检查以证明其健康状况,并提供无犯罪记录证明。
  • English Translations: If any of your documents are not in English, certified English translations must be provided. 英文翻译:如果您的文件不是英文的,必须提供经过认证的英文翻译件。

 

Parent/Grandparent Visitor Visa父母/祖父母访问签证

 NZ offers a special visitor visa for parents and grandparents of NZ citizens or residents. This visa allows visits of up to six months at a time, with a total stay of 18 months over a three-year period (or four-year period in the case of nationals of the United States of America or five-year period in the case of nationals of the People’s Republic of China).

新西兰为新西兰公民或居民的父母和祖父母提供特殊访问签证。此类签证允许每次访问最长6个月,总计18个月的停留时间(美国国民可以停留四年,中国国民可以停留五年)。

 

Basic Requirements: 基本要求: 

  • Valid Passport: Your passport must be valid for at least 3 months beyond your intended departure date from NZ. 有效护照:您的护照必须在计划离开新西兰之日起至少三个月内有效。
  • Sponsors: Your sponsor must be a NZ citizen or resident. 担保人:您的担保人必须是新西兰公民或居民。
  • Relationship to Sponsor: The sponsor must be your child, grandchild, or the parent of your child/grandchild. 与担保人的关系:担保人必须是您的子女、孙子或您子女/孙子的父母。
  • Multiple Visits: The visa allows for multiple entries, providing flexibility to visit NZ several times over three years. 多次访问:此签证允许多次入境,提供了在三年内多次访问新西兰的灵活性。
  • Health and Character: A chest X-ray and medical examination are required. In some cases, police certificates may be needed to prove good character. You or your sponsor must agree to cover your healthcare costs. 健康和品行:需要进行胸透和体检。在某些情况下,可能需要提供无犯罪记录证明。您或您的担保人必须同意支付您的医疗费用。
  • English Translations: Certified English translations are required if any documents are not in English. 英文翻译:如果文件不是英文的,必须提供经过认证的英文翻译件。

 

Application fee and processing timeframe申请费用和处理时间

Please note that application fees are non-refundable, so ensure all documents are submitted correctly to avoid delays or rejections.

请注意,申请费用不予退还,因此请确保正确提交所有文件以避免延误或拒签。

  • Application Fee: The online application fee for Immigration New Zealand (INZ) is NZD $441, which includes a NZD $100 International Visitor Conservation and Tourism Levy (IVL). Additional fees may apply for paper applications or if using third-party visa service providers. 申请费用:新西兰移民局的在线申请费用为441纽币,其中包括100纽币的国际游客保护和旅游税(IVL)。纸质申请或使用第三方签证服务提供商可能会产生额外费用。
  • Processing Timeframe: Processing times vary depending on INZ’s workload. Currently, General Visitor Visas are typically processed within four weeks, while Parent/Grandparent Visitor Visas take up to three months. 处理时间:处理时间取决于新西兰移民局的工作量。目前,普通访问签证通常在四周内处理,而父母/祖父母访问签证则需要长达三个月的时间。

 

Maximum duration of a General Visitor Visa

Please double-check your visa conditions once your application is approved. A multiple-entry general visitor visa may allow the holder to enter NZ and stay for a maximum of six months within a 12-month period before the end of the current stay. This is referred to as the “6 in 12 months rule”.

Also, if the visa holder wishes to extend their stay, they must not have been in NZ for more than nine months in the preceding 18-month period at the time of submitting the application. This is known as the “9 in 18 months rule”.

If you are unsure which rule applies to your situation, feel free to contact us for clarification.

 

Common pitfalls and tips常见陷阱和建议

The INZ process can be detailed, so give yourself enough time before your travel date. Here are some common pitfalls and tips to help you through your visa application. If you need specific advice, feel free to contact our team—we’re always happy to help.

新西兰移民局的申请过程可能比较复杂,因此请在旅行日期之前留出足够的时间。以下是一些常见的陷阱和建议,以帮助您顺利完成签证申请。如果您需要具体的建议,请随时联系我们的团队——我们随时乐意为您提供帮助。

  • Ensure Your Passport is Valid: Make sure your passport is valid for at least three months beyond your departure date from NZ. This applies to any family members or children traveling with you. Provide a clear, scanned copy of the photo page of your passport with all the necessary information. 确保护照有效:请确保您的护照在离开新西兰之日起至少三个月内有效。这也适用于与您同行的家人或孩子。提供护照照片页的清晰扫描件,并附上所有必要的信息。
  • Submit an Acceptable Visa Photo: Your visa application must include a recent photo (taken within the last six months) that meets INZ’s specifications. An unacceptable photo may cause delays, so ensure it follows the guidelines. 提交合格的签证照片:您的签证申请必须包含符合新西兰移民局规格的近期照片(在过去六个月内拍摄)。不合格的照片可能会导致延误,因此请确保照片符合要求。
  • Double-Check Your Information: Ensure all personal details in your application (name, passport number, date of birth) are accurate and match your passport exactly. Small errors can lead to delays, especially when boarding your flight. 仔细检查信息:确保申请中的所有个人信息(姓名、护照号码、出生日期)与护照完全一致。小错误可能会导致延误,特别是在登机时。
  • Demonstrate Genuine Intentions: You can strengthen your application by including documents like proof of employment, property ownership, return flight tickets, or a letter explaining your intentions. If you apply offshore and do not provide sufficient evidence to satisfy INZ you are a genuine visitor, INZ do not have to give you an opportunity to respond to their concerns and can decline your visa application. 证明真实访问意图:您可以通过提供就业证明、房产所有权、返程机票或解释信来加强申请。如果您在境外申请,未能提供足够证据证明您是访客,新西兰移民局可能不会给您回应其疑虑的机会,并可能拒绝您的签证申请。
  • Provide Certified English Translations: From 17 June 2024, all supporting documents must be accompanied by certified English translations. 提供认证的英文翻译件:从2024年6月17日起,所有支持文件都必须附有经过认证的英文翻译件。
  • Show Sufficient Funds or Sponsorship: You must provide evidence that you either have sufficient funds to support your stay in NZ or have an acceptable sponsor. 显示足够的资金或担保:您必须提供证明,显示您有足够的资金支持您在新西兰的停留,或有合格的担保人。

 

Message for applicants给申请人的信息

Applying for a General Visitor Visa or a Parent/Grandparent Visitor Visa can be straightforward if you follow the correct steps and submit all required documents accurately.

如果您遵循正确的步骤并准确提交所有所需文件,申请普通访问签证或父母/祖父母访问签证是相对简单的。

 

If you need tailored advice, do not hesitate to contact our team before booking your flights. We are here to help you streamline your visa process, allowing you to enjoy your trip to NZ without unnecessary delays.

如果您需要量身定制的建议,请在预订机票前随时联系我们的团队。我们会帮助您简化签证流程,避免不必要的延误,让您尽情享受新西兰之行。

 

Using a licensed immigration advisor or lawyer can increase the chances of your application being approved. Beware of unlicensed people – we have heard many horror stories from applicants who have used unlicensed people, such as forging supporting documentation, providing misleading information to INZ and applying for the wrong visitor visa type. This can affect future visa applications and result in visa applications being declined and denied boarding to travel to New Zealand. It is important to get it right from the start!

咨询执牌顾问或律师可以提高申请批准的几率。请提防无执照的人员——我们听过很多申请人使用无执照人员的恐怖经历,例如伪造支持文件、向新西兰移民局提供误导信息以及申请错误的签证类型。这会影响未来的签证申请,并导致签证申请被拒绝以及被拒绝登机前往新西兰。因此,务必要从一开始就做对!

Safe travels, and enjoy your time in New Zealand! 祝您旅途愉快,尽情享受在新西兰的时光!

Please note that this article not a substitute for legal advice and you should contact your lawyer about your specific situation. Please contact us by email immigration@parryfield.com or by phone 03 348 8480, if you have any questions.

请注意,本文不构成法律建议,您应就您的具体情况联系您的律师。如有任何疑问,请通过邮箱 immigration@parryfield.com 或电话 03 348 8480 联系我们。

 

移民部长宣布了对雇主认证工签的变更。以下是我们总结了的变更,而且我们将会在2024年4月23日星期二中午12:30在1 Rimu Street举办有关这些变更的研讨会 — 如果您无法亲身来参加研讨会,您可以通过Microsoft Teams在网上参加。请发送电子邮件到migrant@parryfield.com 进行预约。我们的研讨会将包括问答环节。

 

雇主认证工作签证

对于澳大利亚和新西兰职业标准分类(ANZSCO)中 4级和5级工作,如果既不在绿名单上且工资未达到认证雇主工签的工资标准的1.5倍(现在是2月中位数工资标准)—

  • 认证雇主工签的最长签证期限为2年(之前是5年);以及
  • 一个移民员工(从事澳大利亚和新西兰职业标准分类 4级和5级工作)在一个或多个认证雇主工签上停留的总时间为3年(之前是5年)。

 

对于澳大利亚和新西兰职业标准分类 4级和5级工作,申请人必须符合最低英语标准(请看以下说明)。

对于既不在绿名单上且工资未达到认证雇主工签的工资标准2倍的工作,申请人必须有 —

  • 至少3年的相关工作经验;或者
  • 新西兰资格证书(NZQCF)4级或以上的相关学历,如果低于大学本科水平则同时需要提供国际资格评估(IQA)证书。

 

英语水平

申请人必须在递交申请时提供两年以内的英语测试成绩单,以证明符合最低英语水平要求。

 

其他能证明申请人符合最低英语标准的有以下 —

  • 加拿大、爱尔兰、英国或美国的公民,并且申请人在这些国家或澳大利亚或新西兰工作或接受教育至少五年;或
  • 在澳大利亚、加拿大、新西兰、爱尔兰、英国或美国完成至少两年学习,并取得与新西兰7级大学本科相当的学历;或
  • 在澳大利亚、加拿大、新西兰、爱尔兰、英国或美国完成至少一年学习,并取得与新西兰8级或以上资格相当的学历。

 

工作检查

对于ANZSCO 4级和5级工作,您必须—

  • 将职位广告在一个面向全国的工作网站上刊登21天(之前是14天);
  • 将职位在工收局上发布21天;
  • 在工作检查中解释为什么没有录用任何新西兰本地申请人。

 

雇主认证

提醒一下:

  • 在移民员工开始为您工作之前,您必须核实他们的签证是否允许他们在新西兰为您工作。您可以通过要求移民员工向您展示(例如,他们的新西兰工作签证、新西兰居留类签证等等)来确认他们有权在新西兰为您工作,或者使用网站VisaView来进行核实。您必须记录您的移民员工签证的有效日期,并提醒他们签证到期的日期。
  • 在雇佣后一个月以内,您必须向您的移民员工提供关于当地社区和服务以及员工工作的相关信息。
  • 在雇佣后一个月以内,您必须在带薪的工作时间内为您的移民员工提供足够的时间完成就业培训,并且每个招聘决策者在每个认证期内必须完成就业培训。
  • 您必须向移民员工提供每周至少30个小时的工作时长。

 

雇主认证的新义务 –

  1. 如果您的任何一名移民员工停止为您工作,您必须在10天内通知新西兰移民局。但如果该移民员工的签证将在一个月内到期,您则不需要通知新西兰移民局。
  2. 您必须采取合理的措施以确保您招聘的移民员工—

– 符合最低技能门槛;

– 通过工作经验或具备适当的学历来从事这项工作。

 

如果雇主因可能违反认证雇主规行为而正在被调查,那么他们的认证可能会被暂停长达3个月,或直到调查结果出来。而以前,雇主认证只会因违反某些雇主认证要求而被暂停。

 

如果发生以下情况,雇主认证可能会被撤销 –

  • 在没有合理理由的情况下,雇主未能在10个工作日内向新西兰移民局提供被要求提供的信息或材料; 或者
  • 在没有合理理由的情况下,雇主拒绝新西兰移民局进入进行现场访问; 或者
  • 新西兰移民局对雇主是否继续满足雇主资格要求感到不满意。

 

请注意,这篇文章不能代替法律建议,您应该与律师根据您的个人情况寻求法律建议。如果您有任何疑问,请联系我们。电子邮件:immigration@parryfield.com 或致电:03 348 8480.

The Minister of Immigration has announced changes to the Accredited Employer Work Visa. We have summarised the changes below, but will be holding a seminar on the changes at 12.30pm, Tuesday 23 April 2024 at 1 Rimu Street – should you be unable to attend the seminar in person, you can join via Microsoft Teams. Please email migrant@parryfield.com to RSVP. A Q&A session will be part of our seminar.

Accredited Employer Work Visa

For ANZSCO level 4 and 5 jobs not on the Green List and not being paid 1.5 times the AEWV wage rate (currently the February median wage rate) –

  • The maximum visa length for an AEWV is 2 (previously 5) years; and
  • The total time a migrant worker (in an ANZSCO level 4 and 5 jobs) can stay on one or more AEWVs is 3 (previously 5) years.

For ANZSCO level 4 and 5 jobs, the applicant must meet the minimum standard of English (see below).

For jobs not on the Green List and not being paid 2 times the AEWV wage rate, the applicant must have –

  • At least 3 years’ relevant work experience; or
  • A relevant qualification at level 4 or above on the New Zealand Qualifications and Credentials Framework (NZQCF), and an International Qualification Assessment (IQA) if it is below Bachelor’s degree level.
English Language

To meet the minimum standard of English, the applicant must provide acceptable English language test results no more than two years old at the time the application is lodged.

Other evidence that an applicant meets the minimum standard of English is –

  • Citizenship of Canada, the Republic of Ireland, the United Kingdom or the United States of America, provided the applicant has spent at least five years in work or education in one or more of those countries or Australia or New Zealand; or
  • A qualification comparable to a New Zealand level 7 bachelor’s degree and gained in Australia, Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America as a result of study undertaken for at least two academic years in one or more of those countries; or
  • A qualification comparable to a New Zealand qualification at level 8 or above and gained in Australia, Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America as a result of study undertaken for at least one academic year in one or more of those countries.

Job Check

For ANZSCO level 4 and 5 jobs, you must –

  • Advertise the role for 21 (previously 14) calendar days on a general national job listing website;
  • List the role with Work and Income for 21 calendar days; and
  • Declare in the Job Check why any New Zealanders who applied were not hired.

Employer Accreditation

As a reminder –

  • Before a migrant can begin working for you, you must check that their visa gives them the right to work for you in New Zealand. You can do so by having the migrant show you a document as evidence of their right to work for you in New Zealand (for example, their valid New Zealand work visa, New Zealand residence class visa etc.) or by using VisaView. You must document the expiry date of your migrant workers’ visas and remind them about their visa expiry dates.
  • You must provide your migrant workers with information about the local community and services and employee work-related matters within one month of employment.
  • You must provide your migrant workers with sufficient time during paid work hours to complete Employment Learning Modules within one month of employment, and everyone who makes recruitment decisions must complete Employment Learning Modules once every accreditation period.
  • You must employ your migrant workers for at least 30 hours per week.

There are new Employer Accreditation obligations –

  1. You must advise Immigration New Zealand within 10 days if one of your migrant workers stops working for you. You do not need to let Immigration New Zealand know about migrant workers that leave within a month of their visa
  2. You must take reasonable steps to ensure that the migrant worker you are hiring –
    1. meets the minimum skills threshold; and
    2. is suitably qualified by work experience or qualifications to do the job offered.

Employers being actively investigated for any breach of Employer Accreditation may have their accreditation suspended for up to 3 months or until there is an outcome of the investigation. Previously, Employer Accreditation could only be suspended for breaches of some Employer Accreditation requirements.

Employer Accreditation can be revoked where –

  • An employer has not provided information and/or documentation which has been requested by Immigration New Zealand within 10 working days without reasonable justification; or
  • An employer refused Immigration New Zealand entry to conduct a site visit without reasonable justification; or
  • Immigration New Zealand is not satisfied that an employer has continued to meet the Employer Accreditation requirements.

Please note that this article not a substitute for legal advice and you should contact your lawyer about your specific situation. Please contact us by email immigration@parryfield.com or by phone 03 348 8480, if you have any questions.

On 21 June 2023, the Government announced a simplified points system for the Skilled Migrant Category (“SMC”) as part of the immigration rebalance.

In summary, what is changing?

1) The points system is changing. You will need 6 points to apply.

2) To apply, you must have skilled job or job offer with an accredited employer in New Zealand to apply. There was no such requirement under the old system.

3) There will be no cap under the new SMC system – see below.

4) A Skilled Migrant Category Interim Visa will be introduced – see below.

What is a “skilled” job or job offer?

 For your job or job offer to be considered skilled, you must be suitably qualified and your job or job offer must:

  • Be with an accredited employer in New Zealand;
  • Guarantee at least 30 hours per week;
  • Pay:
    • At or above the median wage (currently $29.66 an hour) where it is an ANZSCO Level 1 to 3 occupation; or
    • 1.5 times the median wage (currently $44.49 an hour) where it is an ANZSCO Level 4 to 5 occupation;
  • Be a permanent contract or fixed-term for at least 12 months.

How does the new point system work?

 You will need 6 points to apply. You can claim 6 points from:

  • One of the following skill categories:
    • Your New Zealand occupational registration;
    • Your qualification;
    • Your income from your job or job offer (earning at least 1.5 times the median wage in New Zealand);

(“skill points”)

  • And your skilled work experience in New Zealand.

(“skilled work in New Zealand points”)

See Immigration New Zealand’s summary below.

How many New Zealand occupational registration points can I claim?

 You can claim between three to six New Zealand occupational registration points.

For occupational registrations which require more training, you can claim more points. For example:

  • A Registered Nurse can claim 3 points;
  • A Midwife can claim 4 points;
  • A Dentist can claim 5 points; and
  • A Medical Practitioner can claim 6 points.

How many qualification points can I claim?

 You can claim between three to six qualification points as per the following:

Points Qualification
6 Level 10 Doctoral Degree
5 Level 9 Master’s Degree
4 Level 8 Bachelor Honours Degree

Level 8 Postgraduate Diploma

3 Level 8 Postgraduate Certificate

Level 7 Bachelor’s Degree

 Your qualification must be:

  • A New Zealand qualification; or
  • An overseas qualification on the List of Qualifications Exempt from Assessment; or
  • An overseas qualification which has been evaluated by the New Zealand Qualifications Authority.

How many income points can I claim?

 You can claim three, four or six income points as per the following:

Points Income
6 3 x the median wage (currently $88.98 an hour) or more
4 2 x the median wage (currently $59.32 an hour) or more
3 1.5 x the median wage (currently $44.49 an hour) or more

To claim income points your job or job offer must:

How many skilled work in New Zealand points can I claim?

To claim skilled work in New Zealand points, the skilled work experience must:

  • Have been in New Zealand;
  • Have been at least 30 guaranteed hours per week;
  • Have paid:
    • At or above the median wage where it is an ANZSCO Level 1 to 3 occupation; or
    • 1.5 times the median wage where it is an ANZSCO Level 4 to 5 occupation.

You can claim 1 point per year, up to a maximum of 3 points.

Has there been any change to English language requirements?

 No. These requirements have not changed. See https://www.immigration.govt.nz/new-zealand-visas/preparing-a-visa-application/english-language/acceptable-english-language-test-results/english-language-test-results-for-residence-visas.

Has there been any change to age requirements?

No. As with the old system, you must be 55 years and under to apply.

What about health and character requirements? Will they be changing?

No. They will stay the same.

How many visas are there under the new SMC system?

There is no cap under the new SMC system. As long as you meet the criteria, your visa application will be approved.

What long will it take Immigration New Zealand to process visa applications under the new SMC system?

Immigration will New Zealand aim to process straightforward and complete applications within 6 to 8 weeks. However, where Immigration New Zealand ask other organisations for information (third party checks), it will take more time. Immigration New Zealand cannot control how long third party checks take.

What if my temporary visa expires while my SMC application is in progress?

An interim visa (the Migrant Category Interim Visa) will be introduced for people applying under the new SMC system.

Your Skilled Migrant Category Interim Visa will be granted automatically and will come into effect the day after your current visa expires.

Your Skilled Migrant Category Interim Visa conditions will be the same as conditions as you currently hold.

Your Skilled Migrant Category Interim Visa will expire the soonest of:

  • 24 months after it comes into effect;
  • The date your Skilled Migrant Category Resident Visa application is approved; or
  • Where the visa application is declined or withdrawn, 2 months after the decision is made.

When are these changes effective from?

The changes will be effective from 9 October 2023.

However, you may still apply under the old SMC system where:

  • You submitted an Expression of Interest before 11:59pm on 15 August 2023; and
  • You have been invited to apply.

Why the changes?

The Government is introducing these changes to:

  • Not give skilled migrants false hope about gaining residence in New Zealand by providing clarity;
  • Process applications faster;
  • Reduce New Zealand’s reliance on lower-skilled migrant workers and encourage employers to offer competitive wages; and
  • Retain skilled migrants to fill medium-to-long-term skills needs that would take time to fill by workers already in New Zealand.

Please note that this article not a substitute for legal advice and you should contact your lawyer about your specific situation. Please contact us by email immigration@parryfield.com or by phone 03 348 8480, if you have any questions.

Background

Since 19 September 2022, applications for Investor 1 and Investor 2 visa categories were replaced by a new category: the Active Investor Plus Visa (“AIP Visa”). New Zealand Trade and Enterprise (“NZTE”) has published guidance about the eligibility and what are acceptable investments under the new Visa. The guide was set up to explain this investment program, and to assist deal makers and capital raisings who hope to have deals or funds approved as acceptable investments.

The Government’s aim is to attract experienced and high-value investors to encourage greater economic benefit to New Zealand companies and the economy. The AIP Visa allows experienced investors to add to opportunities for companies and start-ups. You get points toward your visa if you are willing to invest in companies here.

An investor must also have a reasonable command of English to qualify for an AIP Visa (a minimum of Level 5 under the International English Language Testing System or the equivalent). As explained in our article Immigration Changes Overview, “acceptable investments” for an AIP Visa are made between NZ $5 million and $15 million. Different investments carry different weightings for the purposes of an AIP Visa application.

Direct investments

These are direct investments into businesses, and they receive the highest weighting of 3x (every $1 invested counting as $3 towards their visa conditions). In this case, an investment of only $5 million is required.

To qualify as a direct investment, some conditions must be met:

  1. Firstly, a direct investment is an investment in a New Zealand resident entity and privately owned business;
  2. An application for approval may be made either before the AIP Visa applicant makes the investment (classified as a current direct investment), or retrospectively (classified as a historical direct investment);
  3. NZTE will consult an external advisory panel which helps them to determine whether the direct investment meets the AIP Visa eligibility criteria; and
  4. For each direct investment, you must apply and receive and approval letter from NZTE for such direct investment to qualify.

There is no cost to apply for approval as an acceptable direct investment and any decision made by NZTE is final.

 

Indirect investments

A. Acceptable managed funds

Investments into private funds, such as private equity or venture capital funds are also upweighted but only 2x and an amount of $7.5 million is required (every $1 an investor invests into managed funds, counts as $2 towards their visa conditions).

To qualify as an acceptable managed fund, additional conditions apply :

  1. The fund has to be a New Zealand resident, entity which means:
    • Be incorporated in New Zealand;
    • Have its head office in New Zealand;
    • Have its centre of management in New Zealand; and
    • Have control, by company directors, exercised in New Zealand.
  2. It must meet the criteria in the AIP Visa Immigration New Zealand Instructions. The applicant should provide:
    • Evidence of incorporation in New Zealand from the New Zealand Companies Office;
    • Evidence that the fund manager will be registered on the New Zealand Financial Services Providers Register (per Appendix 15 of the Immigration Instructions);
    • The full legal names and addresses of current directors;
    • A summary of the fund’s background, proposed activities, status, target fund size. It should contain details about how the Managed Fund supports New Zealand being a responsible member of the world community, and demonstrates that the Managed Fund will not invest in anything which may prejudice New Zealand’s reputation;
    • An overview of the investment thesis of the Managed Investment. The application form must detail how the Managed Fund will deliver on the requirements for actual or potential growth of investee entities and/or their contribution to positive social and economic impacts for New Zealand; and
    • A summary of any social, environmental or governance (ESG) policies applicable to the organisation.
  3. Submit an application using the NZTE Investment forms;
  4. Be assessed as an acceptable investment and be added to the Acceptable Managed Fund list maintained and published by NZTE;
  5. Pay the application fee of $1,500 NZD (GST inclusive) per application;
  6. Once the application is submitted, NZTE will provide an invoice for this charge via email.

To qualify as an eligible recipient of Indirect Investment, the applicants must be a New Zealand resident entity that invests in private New Zealand businesses, with no investment in listed equities and/or fixed income assets such as bonds.

NZTE considers whether the Managed funds invests wholly or substantially in entities with a New Zealand connection. A minimum of 70% of the net committed capital must be made available for the investment in entities with a New Zealand connection.

An external advisory panel makes recommendations to NZTE on whether the Managed Fund investments are acceptable. The panel sits monthly and the dates are published online.

Annual re-certification is required to maintain an “Acceptable Managed Fund” status. NZTE will notify any approved managed fund when annual re-certification is required.

 Property is not an acceptable investment, however it can be 20% or less of an exchange traded fund or managed fund’s total assets.

 B. Listed equities and philanthropy

These investments (such as investment in NZX listed companies) do not receive an additional weighting, and each are capped at 50% of the $15m investment requirement. An investor could meet the required investment amount by investing $7.5m into listed equities and $7.5m into eligible philanthropic causes.

Key time periods to consider are:

  • The minimum investment period: the investor should invest across three years and maintain the investment for a further fourth year;
  • The minimum time required in NZ: the investor should spend 117 days in New Zealand across the four-year conditional visa period, or around a month a year; and
  • Despite these requirements, New Zealand is still quite restrictive on home ownership and processing times. It means investing with this sort of wealth might look elsewhere.

We support investors moving to New Zealand so if you would like to discuss further, please contact one of our team at stevenmoe@parryfield.comrebeccanicholson@parryfield.com or yangsu@parryfield.com at Parry Field Lawyers.