BE6.1 Residence visas and/or permits subject to requirements

Immigration Act 1987 s 18A(1)

1. Under the Employees of Relocating Businesses category, a residence visa/permit and returning resident's visa is issued or granted to a principal applicant and accompanying partner and dependent children with requirements imposed under section 18A of the Immigration Act.
2. The Employees of Relocating Businesses category requirements that may be imposed by letter on the residence visas/permits and returning residents' visas are:
   1. that, the permit holder is employed in the relocated business for the 24 months following the relocation of the business; and
   2. that, if the permit holder is in a position to ensure that the relocating business complies with all relevant employment and immigration law in New Zealand, the business has done so; and
   3. that, the permit holder informs the nearest branch of the NZIS of any changes of New Zealand address during the 24 month employment period, and
   4. that, within 3 months after the expiry of the 24 month employment period the permit holder must submit suitable evidence that requirements (i) to (ii) have been met.
3. If a principal applicant is issued with or granted a residence visa/permit and returning resident's visa subject to requirements, the residence visa/permit and returning resident's visa of any accompanying partner and dependent children must be subject to the same requirements.
4. For further information about the implications of visas/permits subject to requirements, see RA40.

BE6.1.1 Imposing Requirements

Principal applicants are advised of any requirement imposed in a letter that states:

1. the requirements; and
2. that failure to comply with the requirements may result in the revocation of the permit under section 20(1)(d) of the Immigration Act 1987; and
3. that the requirement will continue to apply while any returning resident’s visa issued is still current; and
4. that the requirement will apply to any residence permit granted on the applicant’s return to New Zealand within the 2 year period following the grant of their initial residence permit.

BE6.1.5 Reminder from the NZIS to provide evidence that requirements have been met

Three months before the expiry of the 24-month employment period the NZIS will write to the principal applicant requesting that evidence of requirements being met be provided within 3 months after the expiry of the 24-month employment period.

Effective 29/09/2003