BJ2.25 Resident visas granted with conditions (29/11/2010)

See also Immigration Act 2009 s 49

1. Under the Migrant Investment Categories (MIC), a resident visa is granted to a principal applicant and accompanying partner and dependent children subject to conditions under section 49(1) of the Immigration Act 2009. All resident visas granted in accordance with these instructions must specify that the visa will be subject to the following conditions under section 49(1).
2. The MIC conditions are that:
   1. the principal applicant retains an acceptable investment in New Zealand for a minimum of three years (Investor 1 Category) or four years (Investor 2 Category) and spends a minimum period of time in New Zealand during the required investment period (see BJ9); and
   2. the principal applicant informs the nearest branch of INZ of any changes of New Zealand address during the required investment period; and
   3. a principal applicant who was awarded 1 point for English language ability (IELTS 3) under the Investor 2 Category, must complete a minimum 20 hours of English language tuition with a New Zealand Qualifications Authority (NZQA) registered education provider in New Zealand within the four year investment period; and
   4. at the two-year anniversary of the investment period, the principal applicant submit evidence that they:
      • are retaining an acceptable investment in New Zealand; and
      • meeting minimum period of time in New Zealand requirements; and
   5. within 3 months after the expiry date of the required investment period, the principal applicant submit evidence to INZ that they have met conditions (i) and (iii) if applicable.
3. Any accompanying partner and dependent children 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.

BJ2.25.1 Imposing conditions

1. Principal applicants are advised of the conditions of their visa 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.
2. The letter will also specify the date on which the required investment period begins (see BJ7.25).

Effective 29/11/2010