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The
Business Categories are:
Investor
Category
Applicants
applying under the Investor Category are assessed by a
points system.Points are awarded for age,business experience
and investment funds.
To be approved under the Investor Category you must have
a points score that is equal to or greater than the
Investor Category passmark.If you score less than
the passmark,your application will be declined.
The
passmark is set by the Minister of Immigration.To find
information on the current Investor Category passmark
you should contact the nearest branch of the NZIS or check
the internet:http://www.immigration.govt.nz The
points structure for the Investor Category is as follows
|
Age
(years) |
Points
Claimed |
Business
experience |
Points
Claimed |
Investment
Funds (NZ$) |
Points
Claimed |
|
25-29 |
10
points |
2
years |
1 point |
$1,000,000 |
1 |
|
30-34 |
9 points |
4
years |
2 points |
$1,500,000 |
2 |
|
35-39 |
8
points |
6
years |
3
points |
$2,000,000 |
3 |
|
40-44 |
6
points |
8
years |
4
points |
$2,500,000 |
4 |
|
45-49 |
4
points |
10
years |
5
points |
$3,000,000 |
5 |
|
50-54 |
2
points |
- |
- |
$3,500,000 |
6 |
|
55-64 |
0
points |
- |
- |
$4,000,000 |
7 |
|
65-74 |
-2
points |
- |
- |
$4,500,000 |
8 |
|
75-84 |
-4
points |
- |
- |
$5,000,000 |
9 |
|
- |
- |
- |
- |
$5,500,000 |
10 |
|
- |
- |
- |
- |
$6,000,000 |
11 |
A minimum of one
point for investment funds is required and you must be able to
demonstrate that your funds have been earned legally.An applicant
over the age of 84 will not be approved under this category.
All applicants
must meet health and character requirements.
Applicants aged
16 years and over must also meet English language requirements.
Long-term
Business Visa (Temporary Entry Category)
It is intended
that temporary entry under this category will lead to residence
under the Entrepreneur Category.
A Long Term
Business Visa (LTBV) is multiple entry work visa.
-
Initial
multiple-entry visa will be for nine months only.
-
Further
permits granted if NZIS is satisfied that
reasonable steps have been taken to establish
and operate the proposed business and that
money required to establish business has been
transferred to New Zealand.
Applicants
for a LTBV are required to:
-
have a satisfactory business plan (see the Guide
to Applying for Long Term Business Visa and Permit
(NZIS
1059));and
-
have,in
addition to investment capital,sufficient funds for the
maintenance and accommodation of themselvesand any
non-principal applicants included in their application;and
-
meet health
and character requirements.
A
business plan is a proposal to establish a specific business
in New Zealand and contains information as set out in the
Application
for Long Term Business
Visa and Permit (NZIS 1058).
The Business
Plan form covers the following:
-
an outline of
the proposed business and its viability;
-
financial
information (forecasts and financing options);
-
the business
experience of the applicant;
-
the applicant
’s knowledge of the New Zealand market.
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Business
plans for the establishment of or investment in a business
in New Zealand demonstrate
that the business will benefit New Zealand
in some way.
Criteria for business benefiting New Zealand now consistent
with Entrepreneur category and reads:
a)
A business may be considered to benefit New Zealand if it
promotes New Zealand's economic growth
by for example:
i.
Introducing new, or enhancing existing, technology,
management or technical skills, or
ii.
Introducing new, or enhancing existing,
products or
services; or
iii.
Creating new or enhancing existing New Zealand
export
markets; or
iv. Creating employment (other than for the principal
applicant); or
v.
Revitalising an existing New Zealand business;
and
b)
The business is trading profitably at the time a subsequent
application under the Entrepreneur category
is made or clearly has the potential to be
trading profitably within 12 months after that
application is made.
Policies for business plan change -
-
Further
permits will not be granted within the
initial three-year period (or the current permit will
be
revoked) where an applicant embarks on a different
business proposal without the consent of the BIS.
-
All
visa and permit labels issued or granted to LTBV
applicants
will contain the conditions that the applicant
is self employed in the particular industry that
they have identified in their business plan.
New
business plans will be accepted only where:
a) the plan meets the policy requirements for business
plan; and
b)
there are genuine reasons for abandoning the original
proposal; and
c) the subsequent proposal requires the same or a greater
level of capital investment than the
original proposal; and
d)
the applicant has access to sufficient capital to
finance the proposed new business; and
e)
the applicant has relevant experience for the proposed
business.
Entrepreneur
The Entrepreneur
Category has been set up to grant residence to those people who
have successfully established a
business in New Zealand.An applicant is considered to have
successfully established a business in New Zealand if:
-
they have
established or purchased,or made a substantial investment (a
minimum of 25%of the
shareholding of a business)in a business operating in New
Zealand;and
-
the business
has been established for at least two years;and
-
the applicant
has been lawfully self-employed in New Zealand in that
business for at least two years;and
-
the business
is benefiting New Zealand.
A business is
considered to be benefiting New Zealand if it promotes New Zealand
’s economic growth through:
-
introduction
of new technology,management or technical skills;or
-
introduction
of new products or services or export markets;or
-
development of
new export markets or increased market access;or
-
creation of
new job opportunities;or
-
the
revitalising of an existing business.
Criteria
for a business benefiting New Zealand state that:
a)
A business may be considered to benefit New Zealand if it
promotes New Zealand's economic growth by, for example:
vi. introducing new, or enhancing existing, technology,
management or technical skills; or
vii. introducing new, or enhancing existing, products or
services; or
viii. creating new or enhancing existing New Zealand export
markets; or
ix. creating employment (other than for the principal
applicant); or
x. revitalising an existing New Zealand business; and
b) the business is trading profitably at the time the
application is made or clearly has the potential be trading
profitably within 12 months after the application is made.
All applicants
must meet health and character requirements.
Applicants aged
16 years and over must also meet English language requirements.
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Changing
Business Plans
When a Long Term Business Permit holder applies under the
Entrepreneur Category and the business they have established is
different to the one outlined in the plan submitted when applying
under the LTBV category; and they have not received NZIS
endorsement for the change, the Entrepreneur application will be
declined unless:
a) the business that has been established would have met the
requirements for a business plan under LTBV policy; and
b) the business that has been established requires the same or a
greater level of capital investment than the original proposal;
and
c) the applicant has relevant experience for the new business.
Good
Employer Provisions
Where an applicant has established a business or made a
substantial investment in a business that employs staff in New
Zealand, that business 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:
a) paying employees no less than the appropriate adult or youth
minimum wage other contracted industry standard; and
b) meeting holiday and special leave requirements or other minimum
statutory criteria, e.g. occupational safety and health
obligations; and
a) only employing people who have authority work in New Zealand.
Transitional
Arrangements to Entrepreneur Category for Existing LTBV/P Holders
Those applicants who have been issued and granted Long Term
Business Visas and Permits under the LTBV
category prior to the effective date of changes to Entrepreneur
Category policy of 20 November 2002, will have their subsequent
Entrepreneur Category applications tested against policy that was
in place prior to this date.
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Employees
of Businesses Relocating to New Zealand
To assist the
promotion of New Zealand as a place in which to invest and locate
businesses,this category facilitates the granting of
residence to employees of businesses relocating to New
Zealand.Employees of relocating businesses who do not qualify
under other categories may be granted residence on a case by case
basis.
A relocating
business is a business that proposes to operate in New Zealand
which the NZIS is satisfied is genuine.
A key employee is
an employee of the business whom the Chief Executive Officer of
that business reasonably considers will be essential to the
operation of the relocated business in New Zealand.
All applicants
must meet health and character requirements.
Benefit
to New Zealand
Business must meet a set criteria for the 'benefit to New
Zealand'. These criteria are the same as those for the
Entrepreneur Category. The relocation of a business to New Zealand
(on the basis of which the key employee is applying for residence)
are required to have the support of Trade. New
Zealand, Industry New Zealand or a similar body.
Good
Employer Provisions
Relocated business in which the applicant is a key employee must
comply with all relevant employment and immigration law in force
in New Zealand. Where the NZIS had reason to believe that the
business did not comply with all relevant New Zealand employment
and immigration law, further information would be sought from the
applicant and where the business was found to breach the 'good
employer' requirements, the requirements would remain on the
residence permit or the residence permit would be revoked under
s20 (1)(d) of the Immigration Act 1987.
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