BH7.10 Resident visas that are subject to conditions

See also Immigration Act 2009 s 49

1. All resident visas granted under the Entrepreneur Residence Visa Category under BH2.1(a)(ii) are subject to the following conditions (imposed 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 (including the time spent operating the business while holding an Entrepreneur Work Visa); and
   2. the principal applicant must retain the investment and maintain the new full time jobs created in the business, employing people under these conditions for a minimum of two years (including the time spent operating the business while holding an Entrepreneur Work Visa); and
   3. the principal applicant must inform the nearest branch of INZ of any changes of their New Zealand address during the period that the conditions have been imposed on their resident visa.
2. Any accompanying partner and dependent child/ren of a principal applicant granted a resident visa will be subject to the condition that the principal applicant complies with the conditions of their visa.

BH7.10.1 Informing resident visa holders of conditions

Principal applicants will be advised of the conditions in a letter that states:

1. the conditions their resident visa is subject to;
2. what they need to do in order to have these conditions lifted, and in what time frame; and
3. 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.

BH7.10.5 Reminder from INZ to provide evidence of conditions being met

1. INZ will attempt to contact the principal applicant three months before the end of the conditions period requesting evidence that conditions are being met.
2. Evidence that the principal applicant has met and complied with the conditions of their visa must be provided no later than three months after their conditions are due to be lifted (see BH7.10.1).

BH7.10.10 Evidence of 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 an Entrepreneur Work Visa); and
   2. retained the investment and maintained the created three new 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 an Entrepreneur Work Visa).
2. Notwithstanding BH7.10(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 must be produced by a reliable agency or professional (for example, a solicitor or chartered accountant) who is independent both of the business and the applicant’s immigration adviser or lawyer.
4. Suitable evidence 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).

BH7.10.15 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 met or complied with, those conditions will be cancelled and the business immigration specialist will advise the applicant in writing.

BH7.10.20 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 24/03/2014