BL9.1 Resident visas subject to conditions (08/04/2013)

See also Immigration Act 2009 s 49

1. All resident visas granted under the Entrepreneur Plus Category must impose the following conditions on the visa holders, under section 49(1) of the Immigration Act 2009:
   1. the principal applicant must be self-employed in the business for a minimum of two years (inclusive of time spent operating the business while holding a Long Term Business Visa); and
   2. the principal applicant must retain the investment and maintain the created jobs in the established business for a minimum of two years (inclusive of time spent operating the business while holding a Long Term Business Visa); and
   3. the principal applicant informs the nearest branch of INZ of any changes of New Zealand address during the period the conditions have been imposed on their resident visa.

      Note: The created jobs must be in addition to the self-employment of the principal applicant and, if applicable, their partner.

2. Any accompanying partner and dependent children of a principal applicant granted with a resident visa will be subject to the condition that the principal applicant complies with the conditions of their visa.

BL9.1.5 Resident visas subject to conditions

Principal applicants are advised of the conditions their resident visa is subject to in a letter that states:

1. the conditions; and
2. that failure to comply with the conditions may result in the visa holder becoming liable for deportation under section 159 of the Immigration Act 2009.

BL9.1.10 Reminder from Immigration New Zealand to provide evidence of conditions being met

1. Immigration New Zealand will attempt to contact the principal applicant three months before the expiry of the conditions period requesting evidence that conditions are being met.
2. The evidence must be provided no later than three months after the expiry of the conditions.

BL9.1.15 Meeting conditions

1. The principal applicant will need to show that they have:
   1. been self-employed in the business for at least two years (inclusive of time spent operating the business while holding a Long Term Business Visa); and
   2. retained the investment and maintained the created three full-time positions for New Zealand citizens or residents in the established business for at least two years (inclusive of time spent operating the business while holding a Long Term Business Visa).
2. Notwithstanding (a)(ii) above, where the principal applicant fails to retain the investment and/or maintain the created three full-time positions in the established business, a business immigration specialist may consider, on a case by case basis, whether the failure was beyond the control of the principal applicant (e.g. unforeseen economic conditions) and if satisfied that this was the case, may consider the conditions met.
3. Suitable evidence to prove that the principal applicant has met the conditions (see BL9.1) must be produced by a reliable independent agency or professional (for example, a solicitor or chartered accountant) and can include, but is not limited to, original or certified copies of the following documents:
   • a Certificate of Incorporation
   • financial accounts
   • GST records
   • other tax records
   • employment agreements/contracts
   • IRD Employee schedules
   • payslips
   • job specifications
   • letters of appointment
   • evidence of employees New Zealand citizenship or resident status (for example: passport, birth certificate)
   • property purchase or lease documents relating to the business' site
   • invoices for business equipment and supplies
   • other documents, evidence and information a business immigration specialist considers may demonstrate reasonable steps taken to maintain the business as a going concern (e.g. employment agreements, bank statements, utility company invoices).

BL9.1.20 Compliance with conditions

When the principal applicant under this category satisfies a business immigration specialist that the conditions imposed on their resident visa under section 49(1) have been complied with, those conditions will be cancelled and the business immigration specialist will advise the applicant in writing.

BL9.1.25 Non-compliance with conditions

If the conditions have not been complied with, the resident visa holder may become liable for deportation under section 159 of the Immigration Act 2009.

Effective 08/04/2013