TO THE IMMIGRATION NEW ZEALAND OPERATIONAL MANUAL

Transcription

1 27 February 2014 IMMIGRATION NEW ZEALAND INSTRUCTIONS: Amendment Circular No. 2014/03 To: All Manual Holders AMENDMENTS TO THE IMMIGRATION NEW ZEALAND OPERATIONAL MANUAL Introduction This circular outlines changes to immigration instructions. A copy of the amended instructions is attached. All immigration officers dealing with immigration applications should read the amendments and operate in accordance with the amended instructions effective from 24 March Note The amendments described in this circular will be published in the Immigration New Zealand Operational Manual in due course. Any enquiries about these amendments should be directed to the Immigration Contact Centre on or (Auckland only). 1

2 Changes to immigration instructions effective from 24 March 2014 Changes to business policies A6.15 Other fee information BA2.1 Residence class categories BA2.5 Temporary class category BB Entrepreneur Work Visa Category BF1 Principal applicants BH Entrepreneur Residence Visa Category BJ3.10 Investment funds BJ5.50 Definition of acceptable investment WF3 Special work visas for partners of holders of work visas... WR4 Entrepreneur Work Visa Category These changes reflect decisions by Cabinet s Economic Growth and Infrastructure (EGI) Committee in December 2013: The previous Long Term Business Visa instructions, which were closed in December 2013, have been replaced with the Entrepreneur Work Visa Category. The Entrepreneur Plus category is now closed and the extra requirements included in the new Entrepreneur Residence Category. Venture capital investments are now deemed to be acceptable investments under the Investor 1 and Investor 2 categories. Revocation of Entrepreneur Plus instructions BH3.5 Consistency with business proposal under the Long Term Business Category BH3.10 Direct applications under Entrepreneur category BH7.5 Failure to meet approval in principle requirements BL Entrepreneur Plus Category These sections have been revoked as a consequence of the changes noted above. Changes to instructions for permanent residence visas and second and subsequent residence visas A5.5 Character checks RV1.25 Declining an application from former residence class visa holders RV2.1 Who is not eligible for a permanent resident visa? RV2.5 How do resident visa holders or former holders qualify for a permanent resident visa? 2

3 RV2.10 Permanent resident visas for holders of resident visas with investment conditions imposed under section 49(1) RV4.1 Who is not eligible for a second or subsequent resident visa? RV4.10 Determining an application for a second or subsequent resident visa The instructions for Second or Subsequent Resident Visa (SSRV) and Permanent Resident Visa (PRV) applications have been amended to make it clear that: the character provisions that apply to other residence class visa applications also apply to PRV and SSRV applications, and a residence class visa holder who is liable (or potentially liable) for deportation, who leaves New Zealand with expired travel conditions, can be declined an SSRV or PRV from offshore, on character grounds. Timeframe for transferring and investing funds under Migrant Investment Categories BJ7.20 Timeframe for investing funds in New Zealand Immigration instructions now specify a deadline for producing evidence of funds being transferred and invested. Transferring visas where a passport expires before the visa would have expired E3.11 Transfer of temporary visas on expiry of passport Partners and dependent children of temporary class visa holders can now be granted the full duration of their visa when the primary visa holder obtains a new passport. Group work visas W2.30 Work visas The group work visa provision, W Group work visa, has been removed. Variations of conditions for professional sports people wanting secondary employment E3.25 Conditions of temporary entry class visas may be imposed, varied or waived WS2 Specific purpose or events The requirements that sports players and professional sports coaches in a paid position in a New Zealand sports club must meet to obtain a variation of conditions to work in secondary employment have been moved from WS2 Specific purpose or events to E Varying the conditions of temporary entry class visas. The wording of these requirements has been clarified and a reference to the ability to work for a company associated with the sport has been reinserted. 3

4 Changes to the Essential Skills in Demand lists the LTSSL Appendix 4 - Long Term Skill Shortage List SM 16.5 Bonus points for recognised qualification WR3.10 Inclusion of occupations on the Long Term Skill Shortage List (LTSSL) The LTSSL has been amended to: remove 14 occupations update the qualifications needed under the LTSSL specify the name of the registration body and the type of registration for occupations where a person needs to be registered to work in New Zealand, and change some names and codes for occupations to align with the Australian and New Zealand Standard Classification of Occupations. Additionally, Skilled Migrant Category instructions have been amended to clarify the requirements for an applicant to be awarded bonus points for a recognised qualification in an area of skills shortage. Changes to the Zimbabwe banned list Appendix 5 - List of persons closely associated with Robert Mugabe, president of Zimbabwe, and the Zimbabwe government 155 individuals have been removed from the Zimbabwe banned list. Miscellaneous amendments R2.1 Who may be included in an application F5.1 How do dependent children qualify for a resident visa? F4.10 Expressions of interest and applications under the Parent Category U5 Programmes of study available to foreign students U3.5 Offer of a place WD1 Post-study work visa employer assisted Appendix 3 - List of Qualifications Exempt from Assessment A number of minor amendments clarify immigration instructions to: remove the instructions at A5.5.1 United Nations International Criminal Tribunal as the cross reference on which this section is based was removed from instructions add cross-references to the definition of 'single' to provisions at F5.1 How do dependent children qualify for a resident visa? and R2.1 Who may be included in an application correct a cross reference at F4.10 Expressions of interest and applications under 4

5 the Parent Category update U5 Courses of study available to foreign students to Programmes of study available to foreign students to reflect NZQA s change of terminology from Course to Programme of Study add a cross-reference at U3.5 Offer of place defining an academic year update the wording at WD1 Post-Study Work Visa Employer Assisted to reflect the renaming of the Study to Work immigration instructions, and make a change in Appendix 3 - List of Qualifications Exempt from Assessment, to the section United Kingdom Academic Qualifications to correct the level of the Master of Arts with Honours qualification. 5

6 APPENDIX 1: AMENDED IMMIGRATION INSTRUCTIONS EFFECTIVE FROM 24 MARCH

7 A5.5 Character checks See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 Regs 5(2)(d)(iii), 6(2)(c)(iv), 10(2)(e)(iii), 12(3)(d) a. Character checks must be carried out for the following categories of applicant: i. those aged 17 and over applying for residence class visas; and i those aged 17 and over applying for temporary entry class visas who intend to stay in New Zealand for 24 months or longer; and other applicants for temporary entry class visas who warrant a character check if the immigration officer decides it is necessary. Note: the 24-month period in A5.5(a)(ii) above includes time already spent in New Zealand prior to the application being made. b. It is a mandatory requirement (see R2.40) for first time applicants for a residence class visa aged 17 and over to obtain a police or similar certificate from: i. the applicant's country of citizenship; and each country in which the applicant has lived for 12 months or more (whether on one visit or intermittently) in the last 10 years (but see A5.10.1). Applicants for a further residence class visa under RV2 or RV4 will not usually need to submit a police or similar certificate, unless specifically asked to by an immigration officer. Applicants for a further residence class visa applying under any other category are required to submit a police or similar certificate as if they were applying for residence for the first time. Note: the requirement in A5.5(b) above does not apply to Australian citizens, holders of a current Australian permanent residence visa and holders of a current Australian resident return visa, applying for a resident visa at an immigration control area. c. If required, applicants aged 17 and over applying for a temporary entry class visa must obtain a police or similar certificate from: i. their country of citizenship; and from any country in which they have lived for five or more years (whether on one visit or intermittently) since attaining the age of 17 years. d. Despite (c) above, student visa applicants do not have to provide a police or similar certificate until they are aged 20 or over if they: i. held a student visa when they turned 17; and i have held consecutive student visas (or interim visas with study conditions) since the date they turned 17; and are applying for a further student visa. e. Despite (d) above, a police or similar certificate is required if an immigration officer decides it is necessary. 7

8 A6.15 Other fee information See also Immigration Act 2009 s 394 A Recovery of courier costs INZ can charge or recover the cost of the courier delivery of documents to applicants. A Reduced Residence application fee a. Applicants who have paid the fee for one of the following temporary entry categories: i. Work to Residence - Long Term Skill Shortage List; i iv. Work to Residence - Talent (Arts, Sports and Culture); Work to Residence - Talent (Accredited Employer); and Entrepreneur Work Visa will be charged a reduced residence class visa application fee as they have already paid a settlement component in their temporary entry fee. b. These applicants should only receive settlement information once. A Fee for a reconsideration of a temporary class visa application a. Where applicants wish to have their visa application reconsidered, they can submit a new application and pay the reconsideration fee. b. If, on reconsideration of the application, INZ finds that the initial decision was made in error, then the reconsideration fee may be refunded using existing discretionary powers by an immigration officer with the appropriate delegation. A Fee for applications granted after consideration under Section 61 of the Immigration Act 2009 a. Temporary class visas granted after consideration under Section 61 of the Immigration Act 2009 will incur the appropriate Section 61 temporary class visa fee, instead of the visitor, student or work visa fee. b. Residence class visas granted after consideration under Section 61 of the Immigration Act 2009 will incur the appropriate Section 61 residence class visa fee. A Use of call out fee a. Where an immigration officer with Schedule 1-3 delegations considers there are compelling reasons for an application to be treated as urgent, and this requires the office to be opened after hours, the call out fee should be applied. b. In cases where the call out fee is used, the fee may be partially waived where the actual costs associated with the processing of the application are lower than the fee specified on the fees schedule. c. The call out fee specified in the fee schedule is the maximum amount that can be charged in these situations. A Offshore fees The Ministry of Business, Innovation and Employment Corporate Finance function completes a quarterly assessment of the fees in relation to foreign currencies, and adjusts them where there are significant currency fluctuations. 8

9 R2.1 Who may be included in an application See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, Reg 20 a. Each principal applicant (see R2.1.1 below) must make a separate application. b. The following people may be included in a residence class visa application, regardless of whether they are living in the same country as the principal applicant: i. The partner of a principal applicant (see R below); and The biological or adopted (see R3) dependent children of the principal applicant and/or partner (if the partner is included in the application) (see R below). R2.1.1 Definition of 'principal applicant' a. The principal applicant is the person who is declared to be the principal applicant on the residence class visa application form. b. When the application is assessed, the principal applicant will be the person first assessed against the criteria in residence instructions, unless the instructions indicate otherwise. R2.1.5 Definition of 'applicant' An applicant is a person included in an application for a residence class visa and includes the principal applicant and secondary applicants (if any). All persons included in an application will be individually assessed against the criteria for the grant of residence in the residence instructions that apply to them. R Definition of 'partner' a. For the purpose of inclusion in a residence class visa application, 'partner' means a person who: i. is legally married to the principal applicant; or i is in a civil union partnership with the principal applicant; or is in a de facto relationship with the principal applicant. b. References to 'partner' in residence instructions mean 'partner' as defined in (a) above. c. A partner who does not meet the criteria in (a) above may not be included in a principal applicant s application and must apply for residence as a principal applicant in their own right. R When may partners included in an application be granted a residence class visa? a. For a 'partner' included in an application to be granted a residence class visa an immigration officer must be satisfied that they meet 'partnership' instructions which are: i. that the principal applicant and partner are living together in a genuine and stable partnership (see F2.10.1); and i that the couple have been living together in such a relationship for 12 months or more at the time the application is assessed; and that the partnership meets the minimum requirements for the recognition of partnerships set out at F2.15 in that: o the couple were both aged 18 years or older at the time the application for residence class visa was made, or if aged 16 or 17 years old have the support of their parent(s) or guardian(s); and o the couple have met prior to the application being made; and o they are not close relatives (see F2.15(d)). b. When assessing if the duration of the partnership requirement in a. ii above is met immigration officers may include any period immediately prior to any marriage where they are satisfied the couple was living together in an interdependent partnership akin to a marriage. R What happens if an immigration officer is not satisfied that a couple are living together in a partnership that is genuine and stable? If an immigration officer is not satisfied the principal applicant and partner included in the application are living together in a partnership that is genuine and stable, then: a. the partner will not be granted a residence class visa; and b. if the principal applicant is reliant on: i. the attributes of their partner included in the application; or the family relationship of their partner included in the application those attributes or relationships will not be taken into account when determining eligibility of the principal applicant under residence instructions. 9

10 Examples: ~ Under the Skilled Migrant Category (see SM10.10(c)) a principal applicant's partner's skilled employment in New Zealand will not qualify for points. ~ Under the Sibling and Adult Child Category instructions (see F6.1(c)) where a principal applicant and partner included in the application have combined income as evidence of meeting the required minimum income requirement only the principal applicant's income may be taken into account when determining the total family income per year. R What happens if the partnership is considered to be genuine and stable but is less than the 12 months required? a. If an immigration officer is satisfied the principal applicant and partner included in the application are living together in a partnership that is genuine and stable, but the duration of that partnership is less than the 12 months required, then: i. in any case where the grant of a residence class visa to a principal applicant is reliant on the relationship with or attributes of their partner the application must be declined under residence instructions; or in any case where the grant of a residence class visa to a principal applicant is not reliant on the relationship with or attributes of their partner the immigration officer may proceed with processing the principal applicant for the residence class visa but defer the final decision on the partner to enable the qualifying period to be met. b. If a partner's application for a residence class visa has been deferred as described in (a)(ii) above they may be granted a work visa (once an application has been made) for a period sufficient to enable the qualifying period to be met and any further assessment of their residence class visa application to be completed (see WF2.20). R Evidence of relationship with partner Principal applicants must provide: a. evidence of their relationship with their partner included in the application; and b. evidence that their partnership is genuine and stable. (F sets out the types of evidence that are required). Note: In each case where a person relies on being the partner of a principal applicant for the purposes of inclusion in an application (and subsequent grant of a residence class visa), the onus of proving that the person included is the partner of the principal applicant, that their partnership is genuine and stable, and of the required duration lies with the principal applicant and their partner (see F2.5(c)). R Polygamous marriages and relationships As an exception to the exclusivity requirement which forms part of the definition of a genuine and stable partnership (see F2.10) principal applicants in polygamous marriages or relationships (i.e. marriages or relationships with more than one partner) may have only one partner included in their application for a residence class visa. R When may dependent children be included in an application and be granted a residence class visa? For a 'dependent child' to be included in an application to be granted a residence class visa, an immigration officer must be satisfied that they are a dependent child. R Definition of 'dependent child' See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, Regs, 4, 20 For the purpose of inclusion in an application, and despite the definition in section 4 of the Immigration Act 2009, a child is dependent if they: a. are: i. aged 21 to 24, with no child(ren) of their own; and i b. are: single (see F5.5); and totally or substantially reliant on the principal applicant and/or the principal applicant's partner for financial support, whether living with them or not; or i. aged 18 to 20, with no child(ren) of their own; and c. are: single (see F5.5); or i. aged 17 or younger; and 10

11 i single (see F5.5); and totally or substantially reliant on the principal applicant and/or the principal applicant's partner for financial support, whether living with them or not. d. When determining whether a child of 21 to 24 years of age is totally or substantially reliant on the principal applicant and/or the principal applicant's partner for financial support immigration officers must consider the whole application, taking into account all relevant factors including: whether the child is in paid employment, whether this is full time or part time, and its duration; whether the child has any other independent means of financial support; whether the child is living with its parents or another family member, and the extent to which other support is provided; whether the child is studying, and whether this is full time or part time. R Evidence of dependence a. Up to 17 years of age, if a child is single, they are presumed to be dependent unless there is evidence to the contrary. b. Children aged 18 to 20 years of age are presumed to be dependent if they are single and have no child(ren) of their own. c. For children aged 21 to 24 years of age, evidence of actual dependence may be required. R Evidence of relationship with dependent children The principal applicant must provide one of the following documents as evidence of the relationship of the principal applicant and/or partner included in the application with any dependent child included in the application: a. the original birth certificate showing the names of the parent(s); or b. original adoption papers showing that the child has been legally adopted by the principal applicant or partner; or c. in the case of a child adopted by custom, a declaration by the adoptive parent(s) separate from, and in addition to, any similar declaration made on an application form (see R3.5.1). R Children under 16 whose parents are separated or divorced a. If the parents of a child aged under 16 included in an application for a residence class visa are separated or divorced, the applicant parent must have the right to remove the child from the country in which rights of custody or visitation have been granted; or if no such rights have been granted, from the country of residence. b. Such children cannot be included in an application unless the applicant parent produces satisfactory evidence of their right to remove the child from the country in which the rights of custody or visitation have been granted or if no such rights have been granted, from the country of residence. c. Except where (d) applies, evidence of the right to remove the child from the country in which rights of custody or visitation have been granted must include original or certified copies of: i. legal documents showing that the applicant has custody of the child and the sole right to determine the place of residence of the child, without rights of visitation by the other parent, or i a court order permitting the applicant to remove the child from its country of residence; or legal documents showing that the applicant has custody of the child and a signed statement from the other parent, witnessed in accordance with local practice or law, agreeing to allow the child to live in New Zealand if the application is approved. d. Where an immigration officer is satisfied that: i. by virtue of local law, the applicant parent has the statutory right to custody of the child; and it is not possible or required under that local law to obtain individualised legal documents to verify that custodial right, the child may be included in the application. R Children under 16 with only one parent included in the application for a residence class visa. a. If one of the parents of a child aged under 16 is not included in the application for a residence class visa, the applicant parent must have the right to remove the child from its country of residence. b. Such children cannot be included in an application unless the applicant parent produces satisfactory evidence of their right to remove the child from its country of residence. c. Except where (e) applies, evidence of the right to remove the child from its country of residence in cases where one parent is not included in the application for a residence class visa, but the parents are not separated or divorced, must include original or certified copies of: 11

12 i. a written statement confirmed by both parents at interview; or a court order permitting the applicant to remove the child from its country of residence. d. If, because of the death of one of the parents of a child aged under 16, only one parent is included in the application, the death certificate of the other parent must be provided. e. The child may be included in the application where an immigration officer is satisfied that: i. by virtue of local law, the applicant parent has the statutory right to custody of the child; and it is not possible or required under that local law to obtain individualised legal documents to verify that custodial right. R Situation of dependent of partners included in an application a. Any dependent child who is reliant on inclusion in an application solely by virtue of being the dependent child of the principal applicant's partner included in an application (i.e. they are not a child of the principal applicant) may not be granted a residence class visa unless their parent partner is granted a residence class visa. b. If their parent partner is granted a work visa as provided for in R (b) above then they may also be granted a temporary visa of a type appropriate to their needs (once an application has been made) for the same period. Example: a dependent child intending to attend school in New Zealand must apply for a student visa. 12

13 BA2.1 Residence class categories The following business immigration categories are part of residence instructions: Entrepreneur Residence Category (see BH) Employees of Relocating Businesses Category (see BE) Migrant Investment Categories (see BJ) Investor 1 Category (see BJ3) Investor 2 Category (see BJ4 BJ5) BA2.1.1 Generic provisions The residence class categories have generic provisions covering the following matters: English language requirements (see BF) Payment of migrant levy (see R5.90) Health and character requirements (see A4 and A5) 13

14 BA2.5 Temporary class category The temporary class category of the business immigration instructions is the Entrepreneur Work Visa Category (see BB). Persons who are granted a work visa under the Entrepreneur Work Visa Category will have the opportunity to apply for residence, including under the Entrepreneur Residence Visa Category. Such persons will need to meet the relevant residence category requirements applying at the time that their residence class visa application is made. Such residence category requirements may differ from those that applied at the time that the person's Entrepreneur Work Visa application was made or at the time of the grant of the work visa under the Entrepreneur Work Visa Category. Note: People who were granted and still hold a visa under the former Long Term Business Visa Category can also apply for residence under the Entrepreneur Residence Visa Category. Such persons will need to meet the relevant residence category requirements applying at the time that their residence class visa application is made. 14

15 BB Entrepreneur Work Visa Category 15

16 BB1 Objective The objective of this category is to contribute to economic growth by enabling experienced business people to grow or establish a high growth and innovative business with export potential in New Zealand. 16

17 BB2 Special category of work visa 17

18 BB2.1 Entrepreneur Work Visas a. The Entrepreneur Work Visas is a category of temporary entry class visa with conditions that allow selfemployment in New Zealand. b. Applicants for an Entrepreneur Work Visa may be approved, if they meet the following conditions: i. a minimum capital investment of NZ$100,000, excluding working capital (as defined in BH6.1.50), unless this requirement is waived under BB3.5.1(b); and meeting or exceeding the pass mark (as set out in BB3.10) on a scale which awards points for factors relating to the likely success of the proposed business and its value to New Zealand. c. Applicants and any partner or dependent child/ren accompanying them must meet health and character requirements for residence as set out at A4 and A5. d. Applicants and any partner or dependent child/ren accompanying them must also meet all requirements under Generic Temporary Entry Instructions. BB2.1.1 Currency of Entrepreneur Work Visas a. An Entrepreneur Work Visa may be granted for a total period of up to 3 years, encompassing an Entrepreneur Start-Up stage and Entrepreneur Balance stage. Only one fee will be charged for an Entrepreneur Work Visa. b. The Entrepreneur Start-Up stage is the first 12 months of the Entrepreneur Work Visa (though a business immigration specialist may extend the Entrepreneur Start-Up stage under BB4.5.5). During the Entrepreneur Start-Up stage, the holder of the Entrepreneur Work Visa is expected to establish and commence the operation of an agreed business in New Zealand. c. If the holder does not meet the requirements in BB4.5(a) during the Entrepreneur Start-Up stage, the visa expires at the end of the Entrepreneur Start-Up stage. d. If the holder does meet the requirements in BB4.5(a), the visa will be valid for the balance of the 3 year period. This is the Balance stage of the Entrepreneur Work Visa. e. A further Entrepreneur Work Visa (also known as a Renewal) may be granted beyond the 3 year period, if the conditions at BB4.10 are met, the application is approved by a business immigration specialist, and the prescribed fee is paid. BB2.1.5 Conditions of Entrepreneur Work Visas a. The conditions specified on an Entrepreneur Work Visa will include the following conditions relating to work: i. As: Self-employed i For: (Business type and trading name of business) At: (Location of business) b. The travel conditions on the visa will give permission to travel to New Zealand for multiple journeys. c. Entrepreneur Work Visas and any other temporary visas granted to the holder of an Entrepreneur Work Visa s partner or dependent child/ren are subject to the condition that the holder must not apply for and be granted welfare assistance under the Social Security Act 1964 while in New Zealand during the currency of their Entrepreneur Work Visas or any visa gained through their relationship with a holder of an Entrepreneur Work Visa. 18

19 BB3 Determining an application for an Entrepreneur Work Visa 19

20 BB3.1 Summary of requirements for the grant of an Entrepreneur Work Visa Applications for an Entrepreneur Work Visa may be approved if: a. the applicant can demonstrate to the satisfaction of a business immigration specialist that they will meet a minimum capital investment of $100,000, excluding working capital, as at BB3.10, unless this requirement has been waived under BB3.5.1(b); and b. the applicant has been awarded a minimum of 120 points for factors described in BB3.10(d); and c. the applicant provides a business plan specific to the proposed business that meets the requirements of BB3.15; and d. the applicant has obtained professional or occupational registration in New Zealand if registration is required for operating the proposed business; and e. the applicant has not been involved in bankruptcy or business failure within the 5 years preceding the date their application was made; and f. the applicant has not been involved in business fraud or financial impropriety; and g. the applicant can provide evidence to satisfy a business immigration specialist that they have sufficient funds, in addition to investment capital, to: i. finance their business; and provide maintenance and accommodation for the period of the Entrepreneur Work Visa for themselves and any partner or dependent child/ren who will accompany them to New Zealand; and h. a business immigration specialist is satisfied that the applicant: i. has sufficient business experience relevant to their business proposal; and has a genuine intent to establish the business described in the business plan in New Zealand and will abide by the conditions of the visa; and i. the applicant and any partner or dependent child/ren accompanying them meet requirements as set out in BB2.1 (d) and (e); and j. the applicant meets English language requirements set out in BF1 and BF2; and k. the proposed business would not constitute an unacceptable risk to New Zealand laws or policies under BB BB3.1.1 Unacceptable risk a. INZ will decline an application for an Entrepreneur Work Visa where it considers the grant of the visa would create unacceptable risks to the integrity of New Zealand s immigration or employment laws or policies. b. Offering business opportunities to meet the requirements of an Entrepreneur Work Visa application by persons whose main business is the facilitation of entry to New Zealand of non-new Zealand citizens and residence class visa holders potentially creates an unacceptable risk to the integrity of New Zealand s immigration laws and policies. Therefore, applications for Entrepreneur Work Visas based on such business opportunities will not be approved. 20

21 BB3.5 Requirement for capital investment a. An applicant must be able to make a minimum capital investment of NZ$100,000, excluding working capital, in to their proposed business, unless waived as per BB3.5.1 below. b. The principal applicant must: i. nominate funds and/or assets equivalent in value to NZ$100,000; and i demonstrate ownership of these funds and/or assets (see BB3.5.5); and demonstrate that the nominated funds and/or assets have been earned or acquired legally (see BB3.5.5 (c) below). BB3.5.1 Discretion to waive capital investment requirement a. Only members of the management team of the Business Migration Branch are able to waive the minimum capital investment requirement. b. The requirement for applicants to demonstrate a minimum capital investment of NZ$100,000 can only be waived for businesses in science, ICT, or other high value export-oriented sector, which demonstrates a high level of innovation or credible short-term high growth prospects. BB3.5.5 Ownership of capital investment a. The minimum capital investment of NZ$100,000 may be owned either: i. solely by the principal applicant; or jointly by the principal applicant and partner, provided a business immigration specialist is satisfied that the principal applicant and partner have been living together for 12 months or more in a partnership that is genuine and stable (see R and R (b) and R (a)(i)), and that the partner supports the use of these funds for the proposed business. If so, the principal applicant may claim the full value of such jointly owned funds or assets for assessment purposes. b. If nominated funds and/or assets are held jointly by the principal applicant and a person other than their partner, the principal applicant may only claim the value of that portion of funds and/or assets for which they provide evidence of ownership. c. The principal applicant may only nominate funds and/or assets that they earned or acquired legally, including funds and/or assets which have been gifted to them unconditionally and in accordance with local law. Where nominated funds and/or assets have been gifted to the principal applicant, a business immigration specialist must be satisfied that the funds and/or assets being gifted were earned lawfully by the person/s gifting the funds and/or assets. d. The nominated funds and/or assets must be unencumbered. e. The nominated funds and/or assets must not be borrowed, but may be gifted as per BB3.5.5(c). 21

22 BB3.10 Points scale for an Entrepreneur Work Visa a. Applications must meet a minimum score of 120 or more points, in order to be granted an Entrepreneur Work Visa. Applications not meeting the minimum score of 120 points will be declined. b. Applicants must be able to demonstrate to the satisfaction of a business immigration specialist why they should be awarded the points they have claimed. c. Business immigration specialists must give written reasons for declining the application and not awarding any points claimed. d. The following table outlines the points that can be awarded for an Entrepreneur Work Visa application: Points for business experience (can be awarded in only one category) Relevant self employment 10 years years years + 20 Other self employment 10 years years years + 5 Relevant senior management experience 10 years years + 5 Points for benefit to New Zealand (can be awarded in up to two categories) New full time employment creation 10+ new full time positions for New Zealand citizens or residents 80 5 or more new full time positions for New Zealand citizens or residents 50 3 or more new full time positions for New Zealand citizens or residents 30 2 new full time positions for New Zealand citizens or residents 20 1 new full time position for a New Zealand citizen or resident. 10 Points for approved export businesses (based on annual turnover) $1,000,000 + turnover a year 80 $750,000 + turnover a year 60 $500,000 + turnover a year 40 $400,000 + turnover a year 30 $300,000 + turnover a year 20 $200,000 + turnover a year 10 22

23 Points for unique or new products or services to New Zealand A credible business proposal that provides unique or new products/ services to New Zealand, or to a particular region. 30 Points for capital investment (excluding working capital) $1,000, $750, $500, $400, $300, $200, under $200,000 0 Points for age of prospective applicant (at date of lodging application) 24 and under and over 0 Bonus points (can be awarded in only one category) Regional bonus points Business based outside Auckland as defined in BB Market research and/or local agency support Has obtained local council or Economic Development Agency formal support or chamber of commerce support (new businesses only); or Has obtained formal support from New Zealand Trade and Enterprise, or MBIE 20 Note: For definitions of terms for the purposes of the Entrepreneur Work Visa and Entrepreneur Residence Visa Categories, please see the Definitions section at BB6. No points will be granted for an applicant obtaining local council or Economic Development Agency support if there is any business connection or financial interest in the proposed business by any staff in the local council or Economic Development Agency. BB Change to points scale and pass mark for Entrepreneur Work Visa a. The Minister of Immigration, in consultation with the Minister of Economic Development and the Minister for Small Business, may amend the bonus points that can be awarded in the points scale at BB3.10. b. Any changes to the points scale, categories or the pass mark will be effected through changes to immigration instructions and advertised on the INZ website. 23

24 BB3.15 Requirements for a business plan Business plans must: a. be to establish or purchase a specific business in New Zealand; and b. be specific to the proposed business, not a generic or template business plan; and c. be no more than three months old on the date the application is made; and d. include satisfactory evidence: i. to support the claims that have been made for the proposed business; and i that the principal applicant has sufficient capital to finance their business proposal; and that the principal applicant has sufficient business experience that is relevant to their business proposal; and e. demonstrate to the satisfaction of a business immigration specialist that: i. the principal applicant s financial forecasts are realistic; and i iv. the principal applicant has sufficient relevant knowledge about the proposed business and the New Zealand business environment; and the principal applicant has done sufficient market research into the New Zealand business environment and market for their proposed business, to optimise their chances of succeeding; and the proposed business meets the objectives of the Entrepreneur Work Visa Category, as outlined in BB1; and f. include sufficient supporting documentation to support any of the claims made about the proposed business, or concerning any aspect of the applicant s skills, funds or experience. BB Requirements for a business plan involving the purchase of an existing business Where the business plan involves the purchase of an existing business, the plan must: a. identify the particular business to be purchased; and b. include: i. information that allows business immigration specialists to assess the benefit that the applicant s business activity will provide New Zealand; and i evidence that outlines the purchase price and the financial performance of the existing business, which may include, but is not limited to the conditional sale and purchase agreement, an independent valuation, and/or financial statements for the previous two years; and information on numbers of positions currently employed in the business, such as wage records, anonymised employment agreements and job descriptions for each role, or Employer Monthly Schedules prepared for Inland Revenue. BB Assessment of a business plan a. A business immigration specialist will assess applications based on: i. an applicant s capacity to contribute to economic growth by growing or establishing a high growth and innovative business in New Zealand; and i iv. plans provided by the applicant to demonstrate how they will meet the objectives set out in their business plan; and evidence that the applicant has sufficient business experience relevant to the proposed business; and information provided by the applicant demonstrating how their business will significantly benefit New Zealand. b. In assessing a business plan, a business immigration specialist will consider the credibility of the information provided and whether the business will significantly benefit New Zealand. c. Business immigration specialists must be satisfied that the information an applicant submits complies with the evidential requirements set out in Entrepreneur Work Visa Category instructions and may request additional evidence as they deem necessary to demonstrate that an applicant or a business plan meets the requirements as set out in BB3.1. d. INZ may submit any business plan to an independent person or business for vetting. They will offer an independent assessment and advice, which will be considered by a business immigration specialist in making a decision. e. INZ may also consult other government agencies or sections of the Ministry of Business, Innovation and Employment when assessing business plans. 24

25 BB Verification of a business plan a. A business immigration specialist must be satisfied that documents provided in support of the business plan are genuine and accurate, and may take any steps they determine necessary to verify such documents and the information they contain. b. A business immigration specialist may interview, or ask another office of INZ to interview, the principal applicant in order to determine whether or not the information contained in the business plan is genuine and accurate. 25

26 BB4 Stages of Entrepreneur Work Visas 26

27 BB4.1 During the Entrepreneur Start-Up stage If an application for an Entrepreneur Work Visa has been approved, holders of Entrepreneur Work Visas must establish and commence their proposed business in New Zealand during the first 12 months (the Entrepreneur Start-Up stage). 27

28 BB4.5 Requirements at the end of the Entrepreneur Start-Up stage a. Towards the end of the Entrepreneur Start-Up stage, the holder must provide evidence sufficient to satisfy a business immigration specialist that: i. the investment capital for the proposed business, as stated in the business plan, has been transferred directly from the holder s bank account(s) through the banking system to New Zealand; and reasonable steps have been taken to establish or invest in the business as set out in the business plan. BB4.5.1 Evidence of reasonable steps taken to establish and operate a business a. Evidence of transferring investment capital to New Zealand through the banking system may include but is not limited to: i. telegraphic transfer forms other documents, evidence and information the business immigration specialist considers may demonstrate the transfer of investment capital to New Zealand through the banking system. b. Evidence of reasonable steps taken to establish and operate a business may include but is not limited to: i. documents evidencing the constitution of the business (e.g. certificate of incorporation) i iv. audited accounts GST records other tax records v. property purchase or lease documents relating to the business' site vi. v invoices for business equipment and supplies other documents, evidence and information a business immigration specialist considers may demonstrate reasonable steps taken to establish or invest in a business (e.g. employment agreements, bank statements, utility company invoices, sales agreements, contracts to provide products or services). BB4.5.5 Further Entrepreneur Start-Ups a. A business immigration specialist may extend the Entrepreneur Start-Up stage, in cases where they are not satisfied that the requirements of BB4.5(a) have been met, but are satisfied that the holder may be able to meet these requirements within a specified time, to allow the holder to take further steps to establish and operate their business. b. Towards the end of the Entrepreneur Start-Up stage, the holder must provide evidence to satisfy a business immigration specialist that they meet the requirements at BB4.5(a) to be granted an Entrepreneur Balance at the expiry of that second period. c. Further Entrepreneur Start-Ups will not extend the maximum length of the Entrepreneur Work Visa, which will still be for a period of up to 3 years (that is, the maximum duration remains up to 3 years from the date the Entrepreneur Work Visa was granted). 28

29 BB4.10 Grant of further Entrepreneur Work Visas beyond three years a. A further Entrepreneur Work Visa (or Renewal) may be granted beyond the initial 3 year work visa (for periods not exceeding 3 years) where a business immigration specialist is satisfied that there are valid reasons for the principal applicant needing a further Entrepreneur Work Visa to meet the requirements to apply for or be granted residence under the Entrepreneur Residence Visa Category. b. In order to be granted a further Entrepreneur Work Visa, the application must be approved by a business immigration specialist, and the prescribed fee paid. c. Further Entrepreneur Work Visas will be granted only where a business immigration specialist is satisfied that: i. any time in New Zealand has been spent setting up and operating the original business proposal; i iv. any change to the original business proposal was granted by a business immigration specialist in accordance with BB5; and the principal applicant intends to spend the further period in New Zealand either implementing the original business proposed or a business proposal for which a business immigration specialist has given consent; and the principal applicant has, in addition to investment capital, sufficient funds: o o to finance their business; and for their own maintenance and accommodation and that of any partner or dependent child/ren accompanying them; and v. the principal applicant and any partner or dependent child/ren accompanying them have not drawn on the New Zealand welfare system (see BB2.1.5(c)); and vi. the principal applicant and any partner or dependent child/ren accompanying them meet health and character requirements for residence (see A4 and A5). Note: Applicants can only be granted one further Entrepreneur Work Visa beyond the initial 3 year work visa. If they still wish to run their business beyond the period of the further (or renewed) Entrepreneur Work Visa, they will need to make a new application under the Entrepreneur Work Visa instructions, or any other applicable category, in force when they apply. 29

30 BB5 Changing a business proposal a. The holder of an Entrepreneur Work Visa may submit one request to change their business plan within the validity of their visa. Any changes proposed must be minimal, or the request will be declined. b. Change requests may be granted if a business immigration specialist is satisfied that: i. the changes proposed are minimal and do not significantly alter the nature of the proposed business; and i iv. there are genuine reasons for changing the original business proposal; and the business still requires the same or a greater level of capital investment than the original business proposal; and the proposed changes would have been granted the same or greater points in the points scale set out in BB3.10(d); and v. the business still meets the requirements for a business plan as set out in BB3.15; and vi. v the applicant has sufficient business experience relevant to the proposed business; and the business continues to offer at least the same level of benefit to New Zealand, with regards to requirements for full time positions being created for New Zealand citizens or residents, annual turnover, new exports and/or the introduction of unique products of services to New Zealand or to a particular region. c. Account will only be taken of the amount of capital that is to be actively invested in the business. This does not include: i. working capital; or i speculative or passive investment(s), such as reserve funds or term bank deposits; or expenditure on items for the personal use of the applicant(s), such as personal residence, cars or boats. d. If the request to change a business proposal is refused, the applicant must be offered the option of continuing with their original business proposal. e. If the applicant still wishes to pursue the new business after the request for a change has been refused, they must lodge a new application for an Entrepreneur Work Visa. f. If the applicant does not continue with the original business proposal, but starts the new business without approval or a new application being approved, they may be made liable for deportation. Note: A genuine reason for changing the original business proposal does not include inadequate market research. A visa holder may be made liable for deportation where they are undertaking business activities which breach the conditions of their visa. 30

31 BB6 Definitions 31

32 BB6.1 Definitions The definitions set out in this section define terms for the purposes of the Entrepreneur Work Visa Category (BB) and the Entrepreneur Residence Visa Category (BH). BB6.1.1 Definition of a business plan A business plan is a plan to establish or purchase a specific business in New Zealand, which contains information as set out in the business plan form, and is supported by appropriate documentation. Business plans must be based on specific details of the proposed business: generic or template business plans will not be accepted. BB6.1.5 Definition of funds earned or acquired legally a. Funds and/or assets earned or acquired legally are funds and/or assets earned or acquired in accordance with the laws of the country in which they were earned or acquired. b. Business immigration specialists have discretion to decline an application if they are satisfied that, had the funds and/or assets been earned or acquired in the same manner in New Zealand, they would have been earned or acquired contrary to the law of New Zealand. BB Definition of unencumbered funds Unencumbered funds are funds that are not subject to any mortgage, lien, charge and/or encumbrance (whether equitable or otherwise) or any other creditor claims. BB Definition of self-employment a. Self-employment is lawful full time active involvement in the management and operating of a business which the principal applicant has established or purchased, or in which the principal applicant has made a substantial investment. b. Substantial investment is defined as the purchase of 25% or more of the shareholding of a business. c. For the avoidance of doubt, self-employment does not include involvement of a passive or speculative nature. d. Applicants for an Entrepreneur Work Visa (see BB) may claim points for experience of self-employment in the points scale at BB3.10(d) for businesses outside of New Zealand, and/or for self-employment in New Zealand while on a visa that permitted self-employment. e. Applicants for an Entrepreneur Residence Visa (see BH) must have been self-employed in New Zealand in order to be granted residence under this category. BB Definition of senior management a. Senior management experience means extensive experience at a senior level within a lawful business enterprise, in planning, organisation, control, change-management and direction-setting, where the business enterprise had at least five full-time employees or an annual turn-over of NZ$1 million. b. To demonstrate senior management experience, an applicant will need to be able to show they held the day-to-day responsibilities of managing a business or company or corporation, or function within a large company (with, at that time, 5 or more full time employees, or a turnover in excess of $1,000,000 per annum), with specific executive powers conferred onto them with and by authority of the board of directors and/or the shareholders. BB Definition of creation of full time employment a. The creation of full time employment means a new full time and ongoing job or jobs that will be created for New Zealand citizens or residents. b. A full time and ongoing job means a permanent role for at least 30 hours a week: i. as demonstrated in written employment contracts for the role; and excluding contract or casual roles. c. The creation of full time employment may include cases where new permanent and ongoing part time jobs have been created which, when taken together, are equivalent to new full time roles. Evidence must be provided in respect of each claimed equivalent full time job to demonstrate the part time roles: i. are for two or more new roles with fixed hours that are equivalent to one new full time job; and i iv. are for permanent and ongoing roles as demonstrated in written employment contracts for the roles; and meet all employment and immigration laws; and exclude contract, sub-contracted or casual roles. 32

33 d. The creation of employment for non-new Zealand citizens or residents in new or existing jobs will not result in points being awarded in the points scale at BB3.10(d). e. The employment of New Zealand citizens and residents in existing jobs will not result in points being awarded in the points scale at BB3.10(d). BB Definition of providing unique or new products/services to New Zealand a. A product or service is considered new if it is: i. a significant enhancement or product line not being provided by existing businesses in New Zealand or the region of New Zealand in which the prospective business would be located; or a proposed enhancement that would promote New Zealand s economic growth within the 3 year validity of the Entrepreneur Work Visa. b. A product of service is considered unique if it is: i. the only product or service of its type being provided in New Zealand; or a product or service that is not available elsewhere in New Zealand or the region of New Zealand in which the prospective business would be located. BB Definition of a business based outside Auckland A business based outside Auckland means a business with its headquarters or sites based outside the area covered by the authority of the Auckland Council. Please see the Auckland Council website for details of the area they cover. BB Definition of trading profitably For the purposes of the instructions in Entrepreneur Work Visa Category (BB) and the Entrepreneur Residence Visa Category (BH), trading profitably means: a. meeting or exceeding the projected annual turnover from the original business plan, and assessment from the points scale at BB3.10(d); and b. making sufficient profit to enable the principal applicant to pay themselves at least the minimum wage per annum. BB Definition of substantial investment Substantial investment means the purchase of 25% or more of the shareholding of a business. BB Definition of working capital For the purposes of Entrepreneur Work Visa Category and Entrepreneur Residence Visa Category instructions, working capital is cash or capital that is tied to assets used in the on-going maintenance or day-to-day running of a business. BB Definition of revitalisation of an existing business For the purposes of Entrepreneur Work Visa Category and Entrepreneur Residence Visa Category instructions, revitalisation means significantly improving the performance of an existing business through the injection of new skills, networks, management capability and/or capital. Evidence of revitalisation can include, but is not limited to, evidence of: a. doubling the annual turnover of the business; or b. creating two or more full time and ongoing jobs for New Zealand citizens or residents; or c. adding a series of new product lines to an existing business; or d. expanding the number of branches or sites of the business; or e. significantly expanding the customer base of the business. BB Definition of business in ICT sector For the purposes of these instructions, Information and Communications Technology (ICT) is defined as one of three important activities in the economy: ICT manufacturing, telecommunications and information technology (IT) services. BB Definition of a high value export-oriented business For the purposes of these instructions, a high value, export oriented business is one where the Entrepreneur Work Visa application has claimed points in the points scale at BB3.10(d) for a business plan that aims to: a. create 5 or more new full time positions for New Zealand citizens or residents (50 points); and b. achieve an annual export turnover of NZ$500,000 per annum or more; and 33

34 where the applicant can demonstrate that they have met these goals at the time they apply for an Entrepreneur Residence Category Visa. BB Definition of innovation For the purposes of these instructions, an innovative business is one that demonstrates a high probability of succeeding in discovering and applying new ways to produce more with the same quantity of inputs. BB Definition of unacceptable risk Unacceptable risks to the integrity of New Zealand s immigration or employment laws is defined as offering business opportunities to meet the requirements of an Entrepreneur Work Visa by persons whose main business is the facilitation of entry to New Zealand of non-new Zealand citizens and residence class visa holders. BB Definition of formal support from a local agency For the purposes of gaining bonus points in the points scale at BB3.10(d), local agency support is defined as a proposed business that has been included in a formal initiative or business development programme run by a council, EDA, or local office of MBIE or NZTE; for example being offered a grant or subsidy to develop their business, being part of formal on-going discussions, or being included in business or export development programmes run by that agency. Formal support will be determined by the local agency at its sole discretion. 34

35 BF1 Principal applicants a. Principal applicants under the Entrepreneur Work Visa Category, Investor, Entrepreneur Residence Visa, Employees of Relocating Businesses, General (Active) Investor, Professional Investor, and Investor 2 categories must meet a minimum standard of English (as specified in BF2) to ensure their English language ability is sufficient to assist them to successfully settle in New Zealand. b. Applications under all Business Immigration categories must be declined if the principal applicant has not met the minimum standard of English. 35

36 BF1.1 Partners and dependent children Partners and dependent children aged 16 years and over, who are included in applications under the Entrepreneur Residence Visa, Investor, Employees of Relocating Businesses, General (Active) Investor, Professional Investor, or the Investor 2 categories may either: a. show they meet the minimum standard of English (as specified at BF2); or b. pre-purchase ESOL training. 36

37 BH Entrepreneur Residence Visa Category 37

38 BH1 Objective The objective of the Entrepreneur Residence Visa Category is to attract migrants who can demonstrate they have been actively participating in business and contributing to New Zealand's economic development. 38

39 BH2 Summary of requirements 39

40 BH2.1 Successful establishment and operation of a business that benefits New Zealand significantly Principal applicants in the Entrepreneur Residence Visa Category are required to demonstrate that: a. they have successfully established a business in New Zealand that realises the benefits outlined in their business plan, and have operated that business for at least: i. two years, and meet the requirements of BH2.1.1; or six months, and meet the requirements of BH 2.1.5; and b. the business is benefiting New Zealand significantly (BH4.10); and c. the business complies with employment and immigration law (see BH2.5); and d. the same or greater amount of capital has been invested in the business as outlined in the business plan. Note: In assessing capital investment in the business, no account will be taken of working capital, passive or speculative investments, such as reserve funds or term bank deposits, any legal, accounting or administrative fees associated with the establishment of the business, or expenditure on items for the personal use of the applicant(s), such as personal residence, cars or boats. For a definition of working capital please refer to the definition at BB BH2.1.1 Requirements for applicants who have operated a business for at least two years a. To be granted an Entrepreneur Residence Visa on the basis of operating a business for two years, the principal applicant must: i. have been self employed in that business for two years prior to the date the application under the Entrepreneur Residence Visa Category is made; and hold an Entrepreneur Work Visa, Long Term Business Visa or other visa which allows self-employment. b. If a principal applicant does not hold an Entrepreneur Work Visa or Long Term Business Visa, they must demonstrate that meet the requirements to have been approved for an Entrepreneur Work Visa under BB3.1. BH2.1.5 Requirements for applicants who have operated a business for at least six months a. To be granted an Entrepreneur Residence Visa on the basis of operating a business for six months, the principal applicant must: i. have been self-employed in that business for at least six months prior to the date the application under the Entrepreneur Residence Visa Category is made; and i iv. have invested at least $NZ500,000 (excluding working capital) in their business; and have created at least three ongoing and sustainable full time jobs for New Zealand citizens or residents; and hold an Entrepreneur Work Visa or a Long Term Business Visa at the time the residence visa application is made. b. Applicants who have operated a business for six months must provide evidence: i. of how their investment funds have been invested in their business and how this has benefited the business or increased its value; and that any jobs created meet the definition of full time employment at BB6.1.25, as shown by employment contracts, wage and salary records, or evidence of business turnover. 40

41 BH2.10 English language requirements a. Principal applicants in the Entrepreneur Residence Visa Category must meet the minimum standard of English (see BF2). b. Any partner or dependent children aged 16 years and over who are included in the application must meet a minimum standard of English (see BF2) or, where instructions allow, pre-purchase of ESOL tuition (see BF1.1). 41

42 BH2.20 Payment of migrant levy Applicants approved under the Entrepreneur Residence Visa Category are required to pay a migrant levy (see R5.90). 42

43 BH2.25 Applicants must not have accessed welfare assistance Applications under the Entrepreneur Residence Visa Category will also be declined if the principal applicant and any partner or dependent child/ren applied for and was granted welfare assistance under the Social Security Act 1964 while in New Zealand during the currency of their temporary visas. 43

44 BH3 Relationship to Entrepreneur Work Visa 44

45 BH3.1 Consistency with business proposal under the Entrepreneur Work Visa Category a. An application under the Entrepreneur Residence Visa Category will be declined if: i. the business on the basis of which the application is made was established while the principal applicant was the holder of a work visa granted under the Entrepreneur Work Visa or Long Term Business Visa Category; and the business is different from the business proposal (except for a business proposal subsequently modified with the consent of a business immigration specialist) in respect of which the applicant was granted a work visa. b. Despite BH3.1(a) above, an application may be approved if: i. the business that has been established would have met the requirements for a business plan under the Entrepreneur Work Visa Category; and i iv. the business that has been established required the same or a greater level of capital investment than a business proposal in respect of which the applicant was granted or issued a work visa under the Entrepreneur Work Visa Category; and the applicant has relevant experience for the new business; and the business has provided a significant benefit to New Zealand equal or greater than the original business as determined by a business immigration specialist (see BH4.10). c. For the purposes of BH3.1(b)(ii), account will only be taken of the amount of capital that has been actively invested in the business. No account will be taken of: i. working capital (see BB6.1.50); or i passive or speculative investments, such as reserve funds or term bank deposits; or expenditure on items for the personal use of the applicant(s), such as personal residence, cars or boats. d. Applications for an Entrepreneur Residence Visa which have not met one or any of the goals in the business plan, or realised their stated goal in one or any of the categories which were claimed in the points scale at BB3.10(d) in the original Entrepreneur Work Visa application, will be declined unless: i. the applicant can demonstrate that this failure was due to extraordinary circumstances outside their control; and i the circumstances were not foreseeable; and the failure was not due to lack of planning or realistic goals on the part of the applicant or adviser working on their behalf. Note: People who hold a visa under the former Long Term Business Visa Category must demonstrate they meet these requirements to be granted residence under the Entrepreneur Residence Visa Category. 45

46 BH4.1 Criteria for successfully establishing a business in New Zealand A principal applicant will be considered to have successfully established a business in New Zealand if they have established or purchased, or made a substantial investment in a business operating in New Zealand; and a. has been self-employed in New Zealand in that business for at least 2 years if applying under BH2.1(a)(i); or b. has been self-employed in their business for at least six months, if applying under BH2.1(a)(ii). 46

47 BH4.5 Definitions Please refer to section BB6 for definitions of terms for the purposes of the Entrepreneur Work Visa Category (BB) and the Entrepreneur Residence Visa Category (BH). 47

48 BH4.10 Criteria for a business benefiting New Zealand a. A business is considered to add significant benefit to New Zealand if it can demonstrate that it has promoted New Zealand's economic growth by for example: i. introducing new, or enhancing existing, technology, management or technical skills; or i iv. introducing new, or enhancing existing, products or services; or creating new, or significantly expanding existing, export markets; or creating sustained and ongoing full time employment for one or more New Zealand citizens or residents; or v. the revitalisation of an existing New Zealand business that has led to significantly increased financial performance; or vi. introducing productivity-enhancing spillover benefits or increased capacity utilisation (such as significant net new job creation); and b. The business is trading profitably on the date the application is lodged or a business immigration specialist is satisfied that it clearly has the potential to become profitable within the following 12 months. c. For definitions of new products or services and trading profitably please refer to the Definitions section at BB6. 48

49 BH7.1 General rules for approval in principle Principal applicants who meet the criteria of the Entrepreneur Residence Category will be advised that: a. their application has been approved in principle; and b. resident visas may be granted once the following requirements have been met: i. the principal applicant pays any applicable migrant levy; and the principal applicant submits evidence that they and any partner or dependent children aged 16 or over meet the English language requirements (see BF). c. Applications for a resident visa may be declined if principal applicants do not present the requirements listed in the approval in principle letter within the timeframe specified by a business immigration specialist. BH7.1.1 Approval in principle for applicants under BH2.1(a)(ii) Principal applicants who meet the criteria under BH2.1(a)(ii) will also be advised (in addition to the requirements as set out at BH7.1) that their resident visas will be granted subject to conditions under section 49(1) of the Immigration Act

50 BH7.10 Resident visas that are subject to conditions See also Immigration Act 2009 s 49 a. 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): i. 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 i 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 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. b. 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. BH Informing resident visa holders of conditions Principal applicants will be advised of the conditions in a letter that states: a. the conditions their resident visa is subject to; b. what they need to do in order to have these conditions lifted, and in what time frame; and c. that failure to comply with the conditions may result in the visa holder becoming liable for deportation under section 159 of the Immigration Act BH Reminder from INZ to provide evidence of conditions being met a. INZ will attempt to contact the principal applicant three months before the end of the conditions period requesting evidence that conditions are being met. b. 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). BH Evidence of meeting conditions a. The principal applicant will need to show that they have: i. 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 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). b. 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. c. 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. d. 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 50

51 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). BH 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. BH 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

52 BJ3.10 Investment funds a. The principal applicant must invest a minimum of NZ$10 million in New Zealand for a period of three years. b. The principal applicant must: i. nominate funds and/or assets equivalent in value to NZ$10 million; and i demonstrate ownership of these funds and/or assets (see BJ3.10.1); and demonstrate that the nominated funds and/or assets have been earned or acquired legally (see BJ (c) below). c. All invested funds must meet the conditions of an acceptable investment as set out under BJ BJ Ownership of nominated funds and/or assets a. Nominated funds and/or assets may be owned either: i. solely by the principal applicant; or jointly by the principal applicant and partner and/or dependent children who are included in the resident visa application, provided a business immigration specialist is satisfied the principal applicant and partner have been living together for 12 months or more in a partnership that is genuine and stable (see R and R (b) and R (a)(i)). If so, the principal applicant may claim the full value of such jointly owned funds or assets for assessment purposes. b. If nominated funds and/or assets are held jointly by the principal applicant and a person other than their partner or dependent child, the principal applicant may only claim the value of that portion of funds and/or assets for which they provide evidence of ownership. c. The principal applicant may only nominate funds and/or assets that they earned or acquired legally, including funds and/or assets which have been gifted to them unconditionally and in accordance with local law. Where nominated funds and/or assets have been gifted to the principal applicant a business immigration specialist must be satisfied that the funds and/or assets being gifted were earned lawfully by the person/s gifting the funds and/or assets. d. The nominated funds and/or assets must be unencumbered. e. The nominated funds and/or assets must not be borrowed. BJ Definition of 'funds earned or acquired legally' a. Funds and/or assets earned or acquired legally are funds and/or assets earned or acquired in accordance with the laws of the country in which they were earned or acquired. b. Business immigration specialists have discretion to decline an application if they are satisfied that, had the funds and/or assets been earned or acquired in the same manner in New Zealand, they would have been earned or acquired contrary to the criminal law of New Zealand. BJ Definition of 'unencumbered funds' Unencumbered funds are funds that are not subject to any mortgage, lien, charge and/or encumbrance (whether equitable or otherwise) or any other creditor claims. BJ Funds already held in New Zealand a. Funds held in New Zealand at the time the application is made may be included in investment funds. However, periods of investment in New Zealand before approval in principle cannot be taken into account when calculating the three-year investment period. b. Funds held in New Zealand must originally have been transferred to New Zealand through the banking system, or a foreign exchange company that uses the banking system from the country or countries in which they were earned or acquired legally, or have been earned or acquired lawfully in New Zealand (see BJ7.10). BJ Evidence of the principal applicant's nominated funds and assets a. Principal applicants must provide evidence of net funds and/or assets to the value of the required investment funds. b. Principal applicants must provide evidence to the satisfaction of a business immigration specialist that the nominated funds and/or assets were earned or acquired legally. c. All documents provided as valuations of assets must be: i. no more than three months old at the date the resident visa application is made; and produced by a reliable independent agency. d. A business immigration specialist may seek further evidence if they: 52

53 i. are not satisfied that the nominated funds and/or assets were earned or acquired legally; or i iv. consider that the nominated funds and/or assets may have been gifted or borrowed without being declared; or are not satisfied with the valuation provided; or consider that the nominated funds and/or assets fail in some other way to meet the rules for investment funds. BJ Definition of 'acceptable investment' a. An acceptable investment means an investment that: i. is capable of a commercial return under normal circumstances; and i iv. is not for the personal use of the applicant(s) (see BJ below); and is invested in New Zealand in New Zealand currency; and is invested in lawful enterprises or managed funds (see BJ5.50.5) that comply with all relevant laws in force in New Zealand; and v. has the potential to contribute to New Zealand's economy; and vi. is invested in either one or more of the following: o o o o o o o o o bonds issued by the New Zealand government or local authorities; or bonds issued by New Zealand firms traded on the New Zealand Debt Securities Market (NZDX); or bonds issued by New Zealand firms with at least a BBB- or equivalent rating from internationally recognised credit rating agencies (for example, Standard and Poor's); or equity in New Zealand firms (public or private including managed funds and venture capital funds); or bonds issued by New Zealand registered banks; or equities in New Zealand registered banks; or residential property development(s) (see BJ ); or bonds in finance companies (see BJ (c)); or eligible New Zealand venture capital funds (see BJ ). Note: For the purposes of these instructions, convertible notes are considered to be an equity investment. New Zealand registered banks are defined by the New Zealand Reserve Bank Act b. Notwithstanding (a) above, where an investment fails to meet one of the acceptable investment requirements, a business immigration specialist may consider, on a case by case basis, whether the failure was beyond the control of the principal applicant and if satisfied that this was the case, may consider the investment acceptable. c. A Business Immigration Specialist may consider bonds in finance companies as an acceptable investment where the finance company: i. is a wholly-owned subsidiary of, i raises capital solely for, and has all its debt securities unconditionally guaranteed by a New Zealand Stock Exchange listed company or a local authority. Note: The value of an investment is based on the net purchase price (for example, less any accrued interest, commission, brokerage and/or trade levy), not on the face value of the investment. BJ Personal use of investment funds Personal use includes investment in assets such as a personal residence, car, boat or similar. BJ Managed funds a. For the purposes of these instructions managed funds are defined as either: i. a managed fund investment product offered by a financial institution; or funds invested in equities that are managed on an investor's behalf by a fund manager or broker. b. In order to be acceptable as a form of investment managed funds must be invested only in New Zealand companies. Managed fund investments in New Zealand with international exposure are acceptable only for the proportion of the investment that is invested in New Zealand companies. Example: Only 50 percent of a managed fund that equally invests in New Zealand and international equities would be deemed to be an acceptable investment as set out in BJ

54 BJ Residential property development For the purposes of these instructions, residential property development(s) is defined as property(ies) in which people reside and is subject to the following conditions: a. the residential property must be in the form of new developments on either new or existing sites; and b. the residential property(ies) cannot include renovation or extension to existing dwellings; and c. the new developments must have been approved and gained any required consents by any relevant regulatory authorities (including local authorities); and d. the purpose of the residential property investments must be to make a commercial return on the open market; and e. neither the family, relatives, nor anyone associated with the principal investor, may reside in the development; and f. the costs associated with obtaining any regulatory approval (including any resource or building consents) are not part of the principal applicant s acceptable investments. BJ Venture capital funds a. For the purposes of these instructions, a venture capital fund is defined as a fund that invests capital in an early-stage or start-up (or seed) company or companies in exchange for an equity stake in that company or companies. b. In order for a venture capital fund investment to be deemed acceptable by a business immigration specialist, nominated funds can be placed in approved on-call accounts or venture capital funds, subject to the following conditions: i. applicants must have entered into a binding fund investment contract with an approved venture capital fund manager and into an approved fund structure (for example a New Zealand limited partnership), to supply an agreed amount of funds as committed capital; and i iv. the committed funds are a fixed commitment, managed on an applicant s behalf by a fund manager or broker, to be drawn down over a stated period; and nominated funds can either be committed to an acceptable investment or placed into on-call accounts which meet the specifications in BJ (e); and applicants must maintain a level of funds in any approved on-call account equal to the nominated amount minus any funds already committed to the venture capital fund; and v. applicants must be able to demonstrate that all funds placed into on-call accounts are in those accounts pending call-up by their nominated venture capital fund. c. In order to be approved, all on-call accounts or venture capital funds must be managed on an applicant s behalf by a fund manager or broker and held in New Zealand in New Zealand dollars. d. Funds and fund administrators or managers must be able to provide confirmation that both funds and managers are fully compliant with any legislative and regulatory obligations, applicable codes of practice and licensing or registration requirements under New Zealand law, including any requirements imposed by the Financial Markets Authority. e. For the purposes of these instructions, acceptable on-call accounts are defined as an investment that can be liquidated to meet the needs of the venture capital fund, including trusts, bonds, or shares in equities. 54

55 BJ5.50 Definition of acceptable investment a. An acceptable investment means an investment that: i. is capable of a commercial return under normal circumstances; and i iv. is not for the personal use of the applicant(s) (see BJ below); and is invested in New Zealand in New Zealand currency; and is invested in lawful enterprises or managed funds (see BJ5.50.5) that comply with all relevant laws in force in New Zealand; and v. has the potential to contribute to New Zealand's economy; and vi. is invested in either one or more of the following: o o o o o o o o o bonds issued by the New Zealand government or local authorities; or bonds issued by New Zealand firms traded on the New Zealand Debt Securities Market (NZDX); or bonds issued by New Zealand firms with at least a BBB- or equivalent rating from internationally recognised credit rating agencies (for example, Standard and Poor's); or equity in New Zealand firms (public or private including managed funds and venture capital funds); or bonds issued by New Zealand registered banks; or equities in New Zealand registered banks; or residential property development(s) (see BJ ) or bonds in finance companies (see BJ5.50 (c));or eligible New Zealand venture capital funds (see BJ ). Note: For the purposes of these instructions, convertible notes are considered to be an equity investment. New Zealand registered banks are defined by the New Zealand Reserve Bank Act b. Notwithstanding (a) above, where an investment fails to meet one of the acceptable investment requirements, a business immigration specialist may consider, on a case by case basis, whether the failure was beyond the control of the principal applicant and if satisfied that this was the case, may consider the investment acceptable. c. A Business Immigration Specialist may consider bonds in finance companies as an acceptable investment where the finance company: i. is a wholly-owned subsidiary of, i raises capital solely for, and has all its debt securities unconditionally guaranteed by a New Zealand Stock Exchange listed company or a local authority. Note: The value of an investment is based on the net purchase price (for example, less any accrued interest, commission, brokerage and/or trade levy), not on the face value of the investment. BJ Personal use of investment funds Personal use includes investment in assets such as a personal residence, car, boat or similar. BJ Managed funds a. For the purposes of these instructions, managed funds are defined as either: i. a managed fund investment product offered by a financial institution; or funds invested in equities that are managed on an investor's behalf by a fund manager or broker. b. In order to be acceptable as a form of investment managed funds must be invested only in New Zealand companies. Managed fund investments in New Zealand with international exposure are acceptable only for the proportion of the investment that is invested in New Zealand companies. Example: Only 50 percent of a managed fund that equally invests in New Zealand and international equities would be deemed to be an acceptable investment as set out in BJ BJ Residential property development For the purposes of these instructions, residential property development(s) is defined as property(ies) in which people reside and is subject to the following conditions: a. the residential property must be in the form of new developments on either new or existing sites; and 55

56 b. the residential property(ies) cannot include renovation or extension to existing dwellings; and c. the new developments must have been approved and gained any required consents by any relevant regulatory authorities (including local authorities); and d. the purpose of the residential property investments must be to make a commercial return on the open market; and e. neither the family, relatives, nor anyone associated with the principal investor, may reside in the development; and f. the costs associated with obtaining any regulatory approval (including any resource or building consents) are not part of the principal applicant s acceptable investments. BJ Venture capital funds a. For the purposes of these instructions, a venture capital fund is defined as a fund that invests capital in an early-stage or start-up (or seed) company or companies in exchange for an equity stake in that company or companies. b. In order for a venture capital fund investment to be deemed acceptable by a business immigration specialist, nominated funds can be placed in approved on-call accounts or venture capital funds, subject to the following conditions: i. applicants must have entered into a binding fund investment contract with an approved venture capital fund manager and into an approved fund structure (for example a New Zealand limited partnership), to supply an agreed amount of funds as committed capital; and i iv. the committed funds are a fixed commitment, managed on an applicant s behalf by a fund manager or broker, to be drawn down over a stated period; and nominated funds can either be committed to an acceptable investment or placed into on-call accounts which meet the specifications in BJ (e); and applicants must maintain a level of funds in any approved on-call account equal to the nominated amount minus any funds already committed to the venture capital fund; and v. applicants must be able to demonstrate that all funds placed into on-call accounts are in those accounts pending call-up by their nominated venture capital fund. c. In order to be approved, all on-call accounts or venture capital funds must be managed on an applicant s behalf by a fund manager or broker and held in New Zealand in New Zealand dollars. d. Funds and fund administrators or managers must be able to provide confirmation that both funds and managers are fully compliant with any legislative and regulatory obligations, applicable codes of practice and licensing or registration requirements under New Zealand law, including any requirements imposed by the Financial Markets Authority. e. For the purposes of these instructions, acceptable on-call accounts are defined as an investment that can be liquidated to meet the needs of the venture capital fund, including trusts, bonds, or shares in equities. 56

57 BJ7.20 Timeframe for investing funds in New Zealand a. Principal applicants must meet the requirements for transferring and investing the nominated funds within 12 months of the date of the letter advising of approval in principle. b. Principal applicants may request an extension to the 12-month transfer and investment period (see BJ7.20.1). c. Applications for a resident visa must be declined if principal applicants do not transfer and invest the nominated funds within 12 months (or up to a maximum of 24 months for Investor 1 applicants, or 18 months for Investor applicants if an extension is granted, see BJ below) from the date of approval in principle. d. Principal applicants must provide acceptable evidence of having transferred and invested the nominated funds to the Business Migration Branch no later than three months after the expiry of the approved timeframe to transfer and invest the funds (i.e. three months after the 12-, 18- or 24-month timeframe from the date of approval in principle). BJ Extending the timeframe for investing funds in New Zealand a. Principal applicants may request an extension to their transfer and investment period for up to a further 12 months for Investor 1 applicants, or six months for Investor 2 applicants. b. If a principal applicant wishes to request an extension to the timeframe for transferring and investing the nominated investment funds to New Zealand they must contact the Business Migration Branch of Immigration New Zealand within 12 months of the date of the letter advising of approval in principle and present evidence of reasonable attempts to transfer the nominated investment funds to New Zealand. c. Following a principal applicant s presentation of evidence a business immigration specialist may: i. grant an extension to the transfer and investment period if they believe the evidence shows the principal applicant has made reasonable attempts to transfer and invest nominated investment funds within the 12-month time period; or decline to grant an extension to the transfer and investment period if they believe the principal applicant has not made reasonable attempts to transfer and invest nominated investment funds within the 12-month time period. 57

58 F5.1 How do dependent children qualify for a resident visa? a. Principal applicants meet Dependent Child Category if they: i. are: o aged 21 to 24, with no child(ren) of their own; and o single (see F5.5); and o totally or substantially reliant on an adult (whether their parent or not) for financial support, whether they live with them or not; and o their parent(s) is lawfully and permanently in New Zealand; or i are: o aged 18 to 20, with no child(ren) of their own; and o single (see F5.5); and o their parent(s) is lawfully and permanently in New Zealand; or are: o aged 17 or younger; and o single (see F5.5); and o totally or substantially reliant on an adult (whether their parent or not) for financial support, whether they live with them or not; and o their parent(s) is lawfully and permanently in New Zealand. b. Principal applicants under Dependent Child Category must also: i. have been born to, or adopted by (see R3), their parent(s) before their parent(s) made their own application for a residence class visa, and have been declared as dependent children on their parent(s) application for a residence class visa; or i have been born to their parent(s) after their parent(s) made their own application for a residence class visa; or have been adopted by (see R3) their parent(s) after their parent(s) made their own application for a residence class visa, by a New Zealand adoption order made under the Adoption Act 1955, or an overseas adoption order which, under section 17 of the Adoption Act 1955, has the same effect as a New Zealand adoption order. Note: In the event that the principal applicant was born to, or adopted by their parent(s) before their parent(s) made their own application for a residence class visa, but that principal applicant was not declared as a dependent child on their parent s application for a residence class visa, section R5.15 will apply. c. When determining whether a child of 21 to 24 years of age is totally or substantially reliant on an adult (whether their parent or not) for financial support, immigration officers must consider the whole application, taking into account all relevant factors including: whether the child is in paid employment, whether this is full time or part time, and its duration; whether the child has any other independent means of financial support; whether the child is living with its parents or another family member, and the extent to which other support is provided; whether the child is studying, and whether this is full time or part time. d. Principal applicants under Dependent Child Category must meet health and character requirements (see A4 and A5). 58

59 F4.10 Expressions of interest and applications under the Parent Category F Expressing interest in being invited to apply for residence under the Parent Category a. A person notifies that they are interested in being invited to apply for a resident visa under the Parent Category by submitting an Expression of Interest (EOI) to Immigration New Zealand (INZ) in the prescribed manner. In order to submit an EOI in the prescribed manner, a person must submit to an immigration officer: i. a completed prescribed Parent Category EOI form; and the appropriate fee (if any). b. By completing an EOI, a person provides a declaration about their and any potential secondary applicant s: i. identity, health and character; and i iv. English language ability or an intention to agree to pre-purchase English for Speakers of Other Languages (ESOL) tuition (see F4.15); and relationship to their sponsoring adult child and any other children the applicants have (see F4.20); and adult child s eligibility to sponsor them for New Zealand residence under the Parent Category (see F4.25); and v. guaranteed lifetime minimum income, settlement funds, or the income of their sponsor, or of their sponsor and their sponsor s partner (see F4.30 and F4.35). c. It is the responsibility of the person submitting the EOI to ensure that the information given is correct in all material respects. Note: For the purposes of F4.10.1(b)(v), people submitting EOIs under tier two will only be required to declare their sponsor and/or their sponsor s partner s income. F Implications of providing false or misleading information See Immigration Act 2009, ss 93 and 158 a. The Immigration Act 2009 provides that there is sufficient grounds to decline an application for a resident visa and for the holder of a resident visa granted under the Parent Category to become liable for deportation in cases of: i. the provision of false or misleading information as part of an EOI or associated submission; or i the withholding of relevant potentially prejudicial information from an EOI or associated submission; or failure to advise an immigration officer of any fact or material change in circumstances that occurs after an EOI is submitted that may affect a decision to invite the person to apply for a resident visa or to grant a resident visa. b. Information relating to a claim made in an EOI that is factually inaccurate and is relevant to the issuing of an invitation to apply or the assessment of a resident visa application will be considered misleading unless the principal applicant can demonstrate that there is a reasonable basis for making that claim. F Submission of Expressions of Interest to the Pool a. EOIs submitted in the prescribed manner may be entered into a pool of Expressions of Interest (the Pool). b. A person may only have one EOI in the Pool at any time (regardless of the tier of the EOI). c. Each EOI will be entered into the Pool in either tier one or tier two as indicated in the EOI form. d. Despite (c) above, if permission is given by the person expressing interest, an EOI may be entered into the alternative tier of the Pool (see F (e) and (f)). e. If a person with an EOI in the Pool under tier two updates their information and becomes eligible to be entered into the Pool under tier one, their EOI will be entered into the Pool under tier one based on the original date the EOI was previously entered under tier two. f. If a person with an EOI in the Pool under tier one updates their information and is no longer eligible under tier one, but is eligible under tier two, their EOI will be entered into the Pool under tier two based on the original date the EOI was previously entered under tier one. g. Where a person with an EOI already entered into the Pool updates their information and no longer meets the requirements of the Parent Category under either tier, their EOI will be withdrawn from the Pool and lapsed. F Selection of Expressions of Interest a. EOIs will be selected from the pool in the following order: 59

60 i. Tier one EOIs will be selected first and in order based on the date the EOIs were entered into the Pool; and i Residence applications lodged under the Parent and Sibling and Adult Child categories before 16 May 2012 will be selected second, in date order; and Tier two EOIs will be selected third and in order based on the date the EOIs were entered into the Pool, only if there are no tier one EOIs and no applications that were lodged before 16 May b. The ranking of EOIs will change as EOIs enter, or are selected from, the Pool or any given tier of the Pool. c. EOIs will be selected in sufficient numbers to meet the requirements of the Capped Family Sponsored stream of the New Zealand Residence Programme (NZRP) at the time of selection (subject to any adjustment to the number or distribution of places in the NZRP determined by the Government) (see R6). d. EOIs are selected from the Pool periodically on the Government's behalf by the Ministry of Business, Innovation and Employment. F Invitation to apply for a resident visa under the Parent Category a. People whose EOIs have been selected from the Pool may be issued an invitation to apply for a resident visa under the Parent Category. b. An immigration officer may decline an EOI if they are not satisfied claims made within the EOI are: i. credible; or sufficient to meet the requirements of the Parent Category. c. An immigration officer may, but is not required to, seek further evidence, information and submissions from a person whose EOI has been selected from the Pool, for the purpose of determining whether their claims are credible and whether there are any health or character issues that may adversely affect their ability to be granted a resident visa under the Parent Category. d. If an immigration officer is not satisfied the claims made in an EOI selected from the Pool under tier one would be sufficient to meet the requirements of the Parent Category under tier one, but believes the EOI would meet the requirements under tier two, the EOI will be re-entered into the Pool under tier two. Despite F (d), an immigration officer is not required to gain permission from the person expressing interest in order to do this. The EOI s place in the Pool will be based on the date the EOI was first entered into the Pool under tier one. e. In any particular case, the selection of an EOI from the Pool may not result in an invitation to apply for a resident visa under the Parent Category. Note: A decision to invite a person to apply for a resident visa under the Parent Category does not guarantee in any subsequent application for a resident visa a positive assessment of any requirements for the Parent Category or generic residence (including health, and character). f. For the purposes of F (d), re-entry into the Pool does not guarantee a person will be invited to apply once their EOI is selected from the Pool under tier two. F Assessing Parent Category applications a. A person who is sent an invitation to apply for residence under tier one of the Parent Category may only apply for residence using tier one requirements (see F4.30). b. A person who is sent an invitation to apply for residence under tier two of the Parent Category may make a Parent Category application using the requirements for either tier one or tier two (see F4.35 and F4.40). c. Applications received under tier one of the Parent Category: i. will be assessed against the requirements for tier one at F4.35 and the generic requirements for the Parent Category (sections F4.15 to F4.25); and despite R5.20(c), cannot be assessed against the requirements for tier two at F4.40. d. Applications received under tier two of the Parent Category: i. will be assessed against the requirements for tier two at F4.40 and the generic requirements for the Parent Category (sections F4.15 to F4.25); and may be assessed against tier one requirements at F4.35 in accordance with R5.20(c). e. Applications received under the Parent Category before 16 May 2012 will be processed using the requirements in force at the time they were accepted for processing. f. Applications under the Parent Category will be approved if the applicants included in the application meet: i. health and character requirements applicable at the time their residence application was lodged; and the additional requirements for the particular tier (see F4.30 or F4.35) on the basis of which they were invited to apply for residence or, in the case of tier one applications, the alternative requirements 60

61 i listed at F4.30 (a), (b) or (c) that were applicable at the time their residence application was lodged; and the other criteria on the basis of which they were invited to apply for residence. 61

62 SM16.5 Bonus points for recognised qualification a. Recognised qualifications in an identified future growth area or an area of absolute skills shortage as specified in the Long Term Skill Shortage List (see Appendix 4) qualify for 10 points. b. Where the Long Term Skill Shortage List specifies criteria for bonus points other than a qualification (e.g. registration or number of years of work experience), the principal applicant must satisfy those criteria in order to qualify for the bonus points. 62

63 RV1.25 Declining an application from former residence class visa holders See also Immigration Act 2009 ss 10, 155, 146, 156, 158, 161, 162, 169, 437, Immigration Act 1987 s 93 Applications from a person who no longer holds a resident visa, but who is eligible for consideration for a permanent resident visa under RV2.5, or a second or subsequent resident visa under RV4.5, will normally be declined if: a. an immigration officer determines that the person s resident visa was: i. granted as a result of administrative error; or i held under a false identity; or procured through fraud, forgery, false or misleading representation, or concealment of relevant information (together, deception ), whether or not the person committed the deception); or b. an immigration officer determines that the person held a resident visa granted on the basis of a visa procured through deception, whether or not the person committed the deception; or c. new information becomes available within five years of when the person first held a resident visa, and an immigration officer determines that the information: i. relates to the person s character; and i was relevant at the time the visa was granted; and means that the person would not have been granted the visa; or d. while holding a resident visa or following its expiry, the person is convicted (whether in New Zealand or not): i. of an offence for which the court has the power to impose imprisonment for a term of three months or more, if that offence is committed: i o o o at any time when the person was unlawfully in New Zealand; or at any time the person was the holder of a temporary entry class visa; or not later than 2 years after the person first held a residence class visa; or of an offence for which the court has the power to impose imprisonment for a term of two years or more, if the offence was committed not later than five years after the person first held a residence class visa; or of an offence and sentenced to imprisonment for a term of five years or more (or for an indeterminate period capable of running for five years or more), if the offence was committed not later than 10 years after the person first held a residence class visa; or e. they have been served a deportation liability notice but have not been deported within the meaning of section 10 of the Immigration Act 2009; or f. the person s resident visa was granted on the basis of being recognised as a refugee or protected person, and that recognition was cancelled under section 146 of the Immigration Act Note: An immigration officer should contact the Resolutions Team in INZ s Government Relations Unit prior to declining an application for a permanent resident visa or second or subsequent resident visa based on the above provisions, to seek advice and to update the Resolutions Team on any current or potential deportation case. Section RV1.25 (f) does not apply to persons who were prohibited from being deported under section 93 of the Immigration Act RV Action a. An immigration officer must not automatically decline an application on any ground listed in RV1.25, unless RV1.25(b) or (e) applies. b. An immigration officer must consider the surrounding circumstances of the application to decide whether or not they are compelling enough to justify the grant of a residence class visa under RV2 or RV4. The circumstances include but are not limited to the following factors, as appropriate: i. the seriousness of any offence (generally indicated by the term of imprisonment or size of the fine) and whether there is more than one offence; i the significance of any false, misleading or forged information provided, or information withheld, and whether the person is able to supply a reasonable and credible explanation or other evidence indicating that there was no intent to deceive INZ; how long ago the relevant event occurred; 63

64 iv. whether the person has any immediate family lawfully and permanently in New Zealand; v. whether the person has some strong emotional or physical tie to New Zealand; or vi. whether the person's potential contribution to New Zealand would be significant. c. An immigration officer must make a decision only after they have considered all relevant factors, including: i. any advice from the National Office of INZ; and fairness and natural justice requirements (see A1). d. An immigration officer must record: i. their consideration of the surrounding circumstances, (see (b) above), noting all factors taken into account; and the reasons for their decision to approve or decline the application. 64

65 RV2.1 Who is not eligible for a permanent resident visa? See also Immigration Act 2009 ss 15, 16, 17, 169, 174 a. People who are not eligible for a visa because they are subject to sections 15 and 16 of the Immigration Act 2009 (see A5.20) are not eligible for a permanent resident visa unless a special direction has been given, but may apply for a variation of their travel conditions under the provisions of RV3 Variation of travel conditions on resident visas. b. People who would otherwise be prohibited for entry or for grant of a visa to New Zealand because they are subject to restrictions or a ban (see RA9 and R5.100) if it were not for their New Zealand resident status are not eligible for a permanent resident visa and may only be granted a 14-day variation to their travel conditions under RV3.10. c. People who hold a resident visa but are liable for deportation (whether or not that liability has been suspended) may not apply for a permanent resident visa, though they may be granted one at the absolute discretion of the Minister or an immigration officer (see D2.30.5). d. People who no longer hold a resident visa, but who are eligible for consideration for a permanent resident visa under RV2.5.(a)(ii), would not normally be eligible for a permanent resident visa if any of the criteria in RV1.25 apply. Note: An immigration officer should contact the Resolutions Team in INZ s Government Relations Unit if they need guidance on whether an applicant for a permanent resident visa is liable for deportation. 65

66 RV2.5 How do resident visa holders or former holders qualify for a permanent resident visa? Upon application principal applicants, except for those to whom RV2.10 applies, will be granted a permanent resident visa if: a. they either: i. hold a resident visa, and have held that resident visa continuously for at least 24 months at the time of application; or have held a resident visa in the three months before the application is made, and had held that resident visa continuously for at least 24 months before it expired; and b. their first day in New Zealand as a resident (R5.66.1(b)) was at least 24 months before the application is made; and c. they can demonstrate a commitment to New Zealand by meeting the requirements set out in any one of the five subsections below (RV2.5.1 to RV2.5.20); and d. they have met any conditions imposed under section 49(1),of the Immigration Act; and e. they meet character requirements for residence (see A5). Note: Principal applicants who have been granted residence under an investor category listed in RV2.10(a) will be assessed under RV2.10 rather than RV2.5. RV2.5.1 Significant period of time spent in New Zealand A principal applicant has demonstrated a commitment to New Zealand if they have been in New Zealand as a resident for a total of 184 days or more in each of the two 12-month portions of the 24 months immediately preceding the date their application for a permanent resident visa was made (ie, in each of the two 12-month portions, a period or periods that amount to 184 days or more). RV2.5.5 Tax residence status in New Zealand A principal applicant has demonstrated a commitment to New Zealand if: a. they have been in New Zealand as a resident for a total of 41 days or more in each of the two 12-month portions of the 24 months immediately preceding the date the application for a permanent resident visa was made (ie, in each of the two 12-month portions, a period or periods that amount to 41 days or more); and b. they are assessed as having tax residence status (RV ) for the 24 months preceding their application. RV Investment in New Zealand a. A principal applicant has demonstrated a commitment to New Zealand if: i. he or she was approved a resident visa under the Business Investor Category, and has met any conditions imposed (see BI to 26/11/2007) under section 49(1) of the Immigration Act 2009 (except travel conditions); or he or she has been approved a resident visa other than under the Business Investor Category, and has maintained an investment in New Zealand of N.Z.$1,000,000 or more that complies with the rules for investment funds set out in RV2.5.10(b) below for a period of 24 months or more after the date the resident visa was granted. b. Principal applicants applying for a permanent resident visa under RV (a)(ii) must meet the following rules for investment funds: i. investment funds must originally have been transferred to New Zealand through the trading bank system, or have been earned or acquired lawfully in New Zealand; and i iv. investment funds must be invested in New Zealand in New Zealand currency; and under normal circumstances, be capable of providing a commercial return; and apart from the interest earned from the investment, investment funds must not be used for their own personal use, for instance investment in assets such as a personal residence, car, boat or similar; and investment funds must not be used as collateral for any loan during the 2 year investment period, unless the money loaned remains within New Zealand and in New Zealand dollars only; and v. if the investment funds are moved from one investment to another during the two year period each investment must also meet the rules for investment funds. 66

67 Note: Investments in New Zealand with international exposure are acceptable only for the proportion of the investment that is retained in New Zealand. For example, an investment in a unit trust with sole international exposure would completely fail to meet the above requirement that an investment be "invested in New Zealand". RV Establishment of a business in New Zealand a. A principal applicant has demonstrated a commitment to New Zealand if they have been approved a resident visa under any category, and have successfully established a business in New Zealand that has been trading successfully and benefiting New Zealand in some way for at least 12 months immediately preceding the date the application for a permanent resident visa was made. b. Principal applicants applying for a permanent resident visa under these instructions will be considered to have successfully established a business in New Zealand if: i. they have established or purchased, a business operating in New Zealand; or they have invested in a business in New Zealand by purchasing 25% or more of the shareholding of an established business. c. For the purposes of these instructions evidence that a business is trading successfully and benefiting New Zealand in some way is production of a set of the latest accounts relating to that business certified by a New Zealand chartered accountant and which confirm that in their view the business is a going concern. RV Base established in New Zealand a. A principal applicant has demonstrated a commitment to New Zealand if they have established a base in New Zealand. A principal applicant is considered to have established a base in New Zealand if: i. each and every member of their immediate family who was included in their application for a resident visa has resided in New Zealand for at least 184 days in the two year period immediately preceding the date the application for the permanent resident visa was made; and they have been in New Zealand as a resident for a total of at least 41 days in the 12 months immediately preceding the date the application for the permanent resident visa was made; and either they own and maintain a family home in New Zealand; or they have been engaged in full time continuous genuine employment in New Zealand immediately preceding the date the application for the permanent resident visa was made. b. For the purpose of these instructions applicants are considered to own and maintain a family home in New Zealand if: i. they have purchased a residential property in New Zealand within 12 months of their first day in New Zealand as a resident and still own that property either solely or jointly with members of their immediate family who were included in the application for a resident visa; and they and/or members of their immediate family who were included in the application for a resident visa occupy that property. c. Evidence of owning and maintaining a home in New Zealand includes but is not limited to items in the name of the applicant and/or members of their immediate family who were included in the application for a resident visa such as: mortgage documents or title deeds to the residential property rates demands home and contents insurance cover invoices for telephone, electricity, gas, or water documents showing that household effects have been moved to New Zealand d. For the purpose of these instructions, applicants are considered to have been engaged in full time continuous employment in New Zealand if they can produce evidence of genuine full time paid employment in New Zealand for a period or periods amounting to at least 9 months in the 24 months immediately preceding the date the application for the permanent resident visa was made. Employment involving payment by commission and/or retainer is not acceptable. Self-employment is acceptable if they can produce evidence of genuine lawful active involvement in the management and operating of a business in New Zealand which the principal applicant has established, purchased, or has a shareholding in. 67

68 RV2.10 Permanent resident visas for holders of resident visas with investment conditions imposed under section 49(1) a. Principal applicants who have been granted a resident visa under i. the Active Investor Migrant policy; or i the Migrant Investment Categories; or the Parent Retirement Category; will be granted a permanent resident visa if the requirements of RV2.10 (b) below have been met. b. At the time of application, principal applicants must: i. hold or be deemed to hold a resident visa; and i iv. have held, or have been deemed to hold, a resident visa for at least 24 months; and have met conditions previously imposed under section 49(1) of the Immigration Act 2009; and meet character requirements for residence (see A5). 68

69 RV4.1 Who is not eligible for a second or subsequent resident visa? See also Immigration Act 2009 ss 15, 16, 17 People are not eligible for a second or subsequent resident visa if: a. they are not eligible for a visa under section 15 or 16 of the Immigration Act 2009, unless a special direction has been given (see A5.20); or b. they are prohibited for entry or for grant of a visa to New Zealand because they are subject to restrictions or a ban (see RA9 and R5.100); or c. any of the criteria in RV1.25 apply. 69

70 RV4.10 Determining an application for a second or subsequent resident visa a. An applicant for a second or subsequent resident visa may be granted a second or subsequent resident visa if: i. the principal applicant would have met the criteria to be granted a variation of travel conditions under RV3.5, RV3.10 or RV3.15 had they applied for it on the date the current applicant s resident visa expired and those travel conditions would still be valid on the date the application for a second or subsequent resident visa was made; or i the principal applicant would have met the criteria to be granted a permanent resident visa had they applied for it on the date the current applicant s resident visa expired and that date was less than 24 months before the date the application for a second or subsequent resident visa is made; or the principal applicant meets the criteria for one of the special provisions for a second or subsequent resident visa (RV4.20). b. A non-principal applicant may be assessed independently of the principal applicant if the instructions of RV to RV apply. c. Applicants for second or subsequent residence visas must meet character requirements for residence (see A5). 70

71 E3.11 Transfer of temporary visas on expiry of passport See also Immigration Act 2009 s 52(2) See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, Reg 32 a. Where a temporary visa is granted for a shorter currency than requested because an applicant s passport is due to expire (E3.10a), the applicant must be informed in writing of the date the visa would have expired, had the passport remained valid. b. Where a temporary visa is granted for a shorter currency to a dependent child/ren because their parent s passport is due to expire (see E4.5), the dependent child/ren must also be informed in writing of the date the visa would have expired had the passport remained valid. c. Where a temporary visa is granted for a shorter currency to a partner because their partner s passport is due to expire (see WF3.1), the partner must also be informed in writing of the date the visa would have expired had the passport remained valid. d. Once a new passport has been obtained, the visa holder (and any other applicants as described at E3.11(b) or (c)) should apply to have their visa transferred to the new passport and varied so the expiry date matches the intended currency of their visa as specified when the visa was originally granted. e. If applicable, each applicant must supply: i. a completed Application for Transfer or Confirmation of a Visa (INZ 1023) i iv. their current passport or certificate of identity; and the expired passport or certificate of identity; and the appropriate fee (if any). 71

72 E3.25 Conditions of temporary entry class visas may be imposed, varied or waived See also Immigration Act 2009 ss 52, 386(3) and (4) a. On granting a temporary entry class visa, the Minister or an immigration officer may: i. impose conditions in addition to those specified in temporary entry instructions in relation to a visa of that class or type; vary or waive conditions that would otherwise apply to a visa of that class or type. b. Following the grant of a temporary entry class visa, the Minister or an immigration officer may: i. impose further conditions whether or not the conditions are specified in temporary entry instructions in relation to a visa of that class or type; vary or cancel conditions that would otherwise apply to a visa of that class or type or which were imposed when the visa was granted. c. The Minister or an immigration officer may also do one or more of the things mentioned in E3.25 (b) by agreement with the visa holder. d. The Minister or an immigration officer must notify the visa holder of the conditions imposed, varied, waived or cancelled in E3.25 (b) or (c) above by: personal service; or registered post addressed to the person at the person s New Zealand address; or (if applicable) by service upon the person s lawyer or agent in accordance with section 386(4) of the Immigration Act e. The conditions imposed, varied, waived or cancelled take effect: i. from the date the visa is granted, if the condition is imposed, varied, or waived when the visa is granted; or from the date specified in the notice. The specified date must not be earlier than the date of notification. E Varying the conditions of temporary entry class visas See also Immigration Act 2009 s 52 a. Holders of temporary entry class visas should apply for a variation of the conditions of their visa if: i. they wish to work and do not have a visa that allows work in New Zealand; or i they hold a work visa and wish to study in New Zealand (see U6.20); or they hold a work visa limited by conditions and wish to change employers, and/or occupation and/or the place of employment. b. Immigration officers may grant a variation of conditions in such cases provided that the applicant completes an Application for Variation of Conditions and produces: i. the appropriate fee; i a valid passport or travel document; and any other documents or information requested by the immigration officer. c. A variation of conditions will only be granted where the varied conditions still meet the objectives of the instructions which the visa was granted under. d. In order to meet the objective of Essential Skills instructions, particularly WK1.1(c), Essential Skills visa holders seeking to change occupation or place of employment will not be granted a variation of conditions and must instead apply for a new work visa, unless their occupation is listed on the Essential Skills in Demand Lists and the applicant meets the requirements of the list. e. Holders of visitor visas granted under V3.100 Guardians accompanying students to New Zealand may only be granted a variation of conditions for part time work or part time study between the hours 9:30am and 2:30pm Monday to Friday (inclusive) (see V ). f. Holders of visitor visas may be granted a variation of conditions for a duration of six weeks to undertake seasonal work (planting, maintaining, harvesting and packing crops) in any region where the Ministry of Social Development has identified a shortage of seasonal labour and for any employer in the horticulture or viticulture industries, provided the applicant has not been granted a variation of conditions for this purpose since their most recent entry to New Zealand. g. Holders of student visas may be granted a variation of conditions to allow them to work in line with the requirements at U13. 72

73 h. Holders of a work visa granted under WS2 as players or professional sports coaches may apply for a variation of conditions of their work visa to undertake additional employment. A variation of conditions may be granted if: i. the secondary employment is offered by the sports club or a company involved in the sport and the position is offered solely to this particular player or coach; or the secondary employment is offered by an employer other than the sports club or a company involved in the sport and an immigration officer is satisfied that there are no New Zealand citizens or residence class visa holders available to be employed in the position (see WK2.5). 73

74 U5 Programmes of study available to foreign students 74

75 U3.5 Offer of a place Applicants must have an offer of a place with a New Zealand education provider, which shows: a. the name of the programme of study or training scheme and the minimum time required for completing it; and b. evidence that the programme of study or training scheme and education provider meet foreign student requirements (see U5); and c. confirmation that the education provider has assessed and is satisfied the prospective student meets the programme of study or training scheme competencies and enrolment provision (section 7.1) as set out in the Code of Practice for the Pastoral Care of International Students; and d. the amount of the tuition fee, or, if the programme of study is longer than one year, the annual fee; and e. whether or not the student has to pay programme of study or training scheme fees and whether the fees are domestic or foreign fees; and f. whether the student is full-time (see U6.1.1) or part-time (see U7.20); and g. the dates and duration of all scheduled vacations if the programme of study or training scheme is one academic year or more. Note: ~For the information specified at U3.5(g), this can be provided in a separate document accompanying the Offer of Place or Confirmation of Enrolment. ~ An academic year means a programme of study of a minimum of 120 credits during a period of at least eight months (minimum of two semesters). ~From January 2014, students seeking to enrol in a programme of study or training scheme offered at an education provider that holds a Category Four status under the NZQA s External Evaluation Review (EER) quality assurance system will not be granted a student visa. 75

76 W2.30 Work visas Immigration officers should refer to the following subsections (W to W below) when deciding what sort of work visa to grant. W Single journey work visas a. Single journey work visas and entry permission may be granted to working visitors who intend one visit to New Zealand. b. A single journey visa is normally current for travel within one month of the applicant's intended date of arrival, unless the immigration officer considers the applicant's circumstances warrant a longer or shorter period. W Multiple journey work visas a. Multiple journey work visas and entry permission may be granted to frequent travellers if immigration officers are satisfied that: i. the applicant's passport is valid for a sufficient period; and the applicant has not breached the conditions of their visa (or permit granted under the Immigration Act 1987) on any previous visit. b. Multiple journey visas may be current for travel for a maximum of 5 years, depending on how long the employment offer or contract lasts. 76

77 WD1 Post-study work visa employer assisted a. To be eligible for a work visa under these instructions, applicants must: i. have successfully completed a qualification(s) that meet the qualification requirements as set out in WD1.10; and i hold an offer of full-time employment relevant to that qualification (see WD1.5); and if they were a New Zealand Aid Programme-supported student, meet requirements set out at U11.1(d). b. A work visa may be granted for a maximum of 2 years to obtain practical work experience relevant to the applicant's programme of study or qualification, unless (c) below applies. c. A work visa may be granted for a maximum period of 3 years if: i. the applicant is working towards membership or registration with a New Zealand professional association which requires more than two years of practical work experience; and i iv. such membership or registration is a requirement for the person to fully perform their professional duties; and the applicant provides evidence the employment is considered relevant practical experience by the professional association, including but not limited to documentation from the professional association, or from the employer, stating how the employment meets the requirements set by the professional association; and the applicant has completed a New Zealand qualification which meets the requirements for registration or membership of the professional association. d. To be granted a work visa under these instructions, applicants must: i. apply no later than 3 months after the end date of their student visa for that programme of study or qualification or, if the qualification was a Doctoral Degree, no later than 6 months after the end date of their student visa; or hold a 'graduate job search work visa or a post-study work visa open (see WD2). Note: A person must have successfully completed the programme of study or qualification stated as a condition on their student visa in order to meet the requirements of WD1(d)i. e. Applicants must provide: i. a completed work application form and fee; and i iv. evidence of an offer of full-time employment relevant to their programme of study or qualification (see WD1.5); and evidence that they meet the requirements in WD1(a); and an Employer Supplementary Form (INZ 1113) completed by their employer. f. Applicants must also provide: i. evidence that the work visa application is being made no later than 3 months after the end date of their student visa for that programme of study or qualification; or evidence that they hold a 'graduate job search work visa (see WD2). g. A work visa will only be granted where an immigration officer is satisfied that the offer of full-time employment is one which will provide practical experience relevant to the applicant's programme of study or qualification. h. Any work visas granted under these instructions may be subject to any or all of the conditions as listed at W

78 WF3 Special work visas for partners of holders of work visas... WF3 Special work visas for partners of holders of work visas (including work visas granted under the Entrepreneur Work Visa Category and Work to Residence (Skilled Migrant Category) instructions) 78

79 WF3.1 Who is eligible for a special work visa a. Partners (see E4.1.20) of people granted work visas (including visas granted under Entrepreneur Work Visa Category instructions) allowing a stay in New Zealand of more than six months may apply for and be granted a multiple entry work visa under these instructions, unless their partner has been granted a work visa under any one of the following instructions: i. Foreign crew of fishing vessels (see WJ); or i iv. a Working Holiday Scheme (see WI2); or Recognised Seasonal Employer (RSE) Work Instructions (see WH1); or Supplementary Seasonal Employer (SSE) Instructions (see WH3); or v. Silver Fern Job Search Instructions (see WL2); or vi. v Skilled Migrant Category Job Search Instructions (see WR5); domestic staff of diplomatic, consular, or official staff (see WI4). b. Work visas will be granted for the same period as the work visa held by the applicant's partner subject to the generic requirements at E4.5 being met. c. Partners of people granted work to residence visas must meet health and character requirements for residence class visa applications as set out at A4 and A5.15 to A5.25. d. Applicants under these instructions are not required to produce a job offer. e. Any work visas granted under these instructions may be endorsed with conditions that allow work for any employer. f. Despite (a) (vi) partners of people granted Skilled Migrant Category (SMC) Job Search work visas may apply for and be granted multiple entry work visas if the related SMC application was under consideration on or before 24 July

80 WR3.10 Inclusion of occupations on the Long Term Skill Shortage List (LTSSL) a. The Long Term Skill Shortage List (LTSSL) is a list of occupations in which INZ, in consultation with Industry New Zealand, relevant industry groups and unions, has identified an absolute (sustained and ongoing) shortage of skilled workers. b. The Long Term Skill Shortage List is reviewed annually. WR The Long Term Skill Shortage List The Long Term Skill Shortage List is held at Appendix 4 of the INZ Operational Manual. 80

81 WR4 Entrepreneur Work Visa Category a. This category caters for business people who are interested in: i. applying for residence under the Entrepreneur Residence Category; or establishing a business in New Zealand but without living permanently in New Zealand. b. For details of this provision see the Business Immigration Instructions chapter (BB). 81

82 WS2 Specific purpose or events Applicants who are considered to be coming to New Zealand for a specific purpose or event include the following: a. Business people such as: i. Senior or specialist business people on short term secondments who have a job offer either in a substantial New Zealand company or a New Zealand subsidiary of an overseas company. A business person seconded to New Zealand as an intra-corporate transferee to take up a position in a multinational company as: o an executive, or o a senior manager, or o specialist personnel. Notes: In the context of these instructions 'executive' or 'senior manager' means a person who is a senior employee of an organisation and who has been employed by that organisation for at least 12 months prior to their proposed transfer to New Zealand. Additionally, they are responsible for the entire organisation's operations in New Zealand, or a substantial part of it, receiving general supervision or direction principally from higher level executives, the board of directors or stockholders of the business. In the context of these instructions 'specialist personnel' means a person who is being transferred to undertake a specific or specialist task at a senior level within the company. Additionally, they must possess knowledge of the organisation's service, research equipment, techniques or management. i Business people wishing to undertake business activities in New Zealand who can satisfy an immigration officer that they have genuine reasons to be in New Zealand for a period or periods exceeding 3 months in any one year. Documented evidence of these reasons is required. Notes: Seconded business persons who do not have an acceptable standard of health may be considered for a medical waiver (see A Seconded business people). These instructions (WS2 (a) (i), (ii) and (iii)) reflect New Zealand's international trade commitments (see E9). b. Principal applicants for residence under the Active Investor Migrant Instructions who are investigating investment opportunities and making direct investments in New Zealand. c. Principal applicants for residence under the Migrant Investment Instructions who are investigating investment opportunities and making direct investments in New Zealand (see BJ7.40). d. Principal applicants for residence under the Parent Retirement Category who are investigating investment opportunities and making direct investments in New Zealand (see F3.25). Note: ~ Partners and dependent children of Principal applicants under the Investor Category (b), the Active Investor Migrant Instructions (c), the Migrant Investment Instructions (d), and the Parent Retirement Category (e) may be granted a multiple journey visitor visas authorising a visa current for the same period as the principal applicant's. ~ Dependent children of Principal applicants under the Investor Category (b), the Active Investor Migrant Instructions (c), the Migrant Investment Instructions (d), and the Parent Retirement Category (e) may be granted a student visa, provided that they meet standard student requirements (see U3.35). e. People with a written invitation or schedule of events invited to New Zealand to referee sports events or judge shows, displays, or exhibitions. f. Dance and music examiners of recognised international teaching institutions with a written invitation or job offer to conduct examinations in New Zealand. g. Installers or servicers of specialised machinery or equipment supplied by an overseas company who can provide evidence that installing or servicing the equipment in New Zealand is a condition of purchase. h. Entertainment industry sector workers (entertainers, performing artists, film and video production crew, and associated support personnel), who intend to engage in any form of private or public performance in New Zealand or work on any film or video production in New Zealand, if they meet the evidential and other requirements set out in WS6. i. Sports players and professional sports coaches taking up a paid position in a New Zealand sports club who have a written offer of employment from that club. Note: Players or coaches who wish to undertake additional employment may apply for a variation of conditions of their work visa once they arrive in New Zealand (see E3.25.1). 82

83 j. Philippines nurses seeking entry to obtain New Zealand occupational registration who have a job offer from a District Health Board and have been accepted for the Nursing Council's Competence Assessment Programme. Note: This instruction (WS2(j)) reflects New Zealand's international trade commitments (see E9). k. People who need to come to New Zealand for any other specific purpose or event where the circumstances justify the grant of a work visa under these instructions, and they meet the objective of these instructions. 83

84 Appendix 3 - List of Qualifications Exempt from Assessment United Kingdom - Academic Qualifications Academic Qualifications The qualifications awarded by the institutions listed below qualify for the points indicated: Qualification Abbreviation* Level in NZ terms Points under SMC All degrees where any reference is made to: Refer to NZQA "external study", or "collaboration" or "collaborated study", or "validation" or a "validated programme of study" All degrees with QTS, Education or teaching stated on the award certificate Bachelor degrees listed below are all required to be Bachelor (Honours) or Bachelor (with Honours) degrees. These Honours degrees must be classified as either: First-Class Honours or (1st) or 1st; Upper Second-Class Honours or (2:1) or 2:1; or Lower Second-Class Honours or (2:2) or 2:2 Bachelor of Arts (a speciality may be stated) BA Bachelor of Dental Surgery / Bachelor of Dentistry BDS Bachelor of Engineering BE Bachelor of Laws Bachelor of Medicine / Bachelor of Medical Science LLB BM 7 50 Bachelor of Medicine and Bachelor of Surgery / Medicinae Baccalaureus, Baccalaureus Chirurgiae MD Bachelor of Music BMus Bachelor of Science (a speciality may be stated) BS Bachelor of Science / Bachelor of Veterinary Medicine BSVM Bachelor of Veterinary Medicine BVM Bachelor of Veterinary Medicine and Surgery BVMS Bachelor of Veterinary Science BVS Master of Arts with Honours (in First or Second Class) MAH 7 50 Master of Arts MA 9 60 Master of Letters ML 9 60 Master of Philosophy MP

85 Master of Research MR 9 60 Master of Science MS 9 60 Doctor of Philosophy PhD *Abbreviations used are for the purposes of this list and may not be stated on the award certificates. If an applicant believes their qualification may be higher than the level stated they should apply to the NZQA for an International Qualification Assessment. Note: Award certificates must be provided in their original language for all qualifications. The University of Glasgow awards their degrees in Latin, additionally some universities may award their medical and dental degrees in Latin, for these degrees translated copies from the University must also be presented. All honorary degrees must be referred to the NZQA for an International Qualification Assessment. If any courses leading to the award of one of the qualifications listed above were studied at any institution outside of the United Kingdom, including any United Kingdom overseas campuses, or any courses have been cross-credited towards the listed qualifications, please refer to the NZQA for an International Qualification Assessment. All qualifications awarded after 2013 should be referred to NZQA for an International Qualification Assessment. Awarding Institutions The following institutions may award the qualifications specified from the dates shown. Institution Previous names and dates of change, and alternative institution names which may be included on the award certificate are indicated in brackets. Names and dates of institutions have been included in the List of Qualifications Exempt from Assessment for immigration purposes only. Qualifications awarded from Aston University (University of Aston in Birmingham ) BE: 1991 BS, MS and PhD: 1977 MP: 1982 Brunel University BA, BE and LLB: 1992 BS, MA, MS and MPhil: 1982 PhD: 1977 Cardiff University BA, BE, LLB, BS and PhD: 2008 BDS and MD: 2011 MA, MP, MR and MS: 2007 The City University BA, and LLB: 2000 BE: 1992 BS, MP and PhD: 1977 MA: 1982 MS: Cranfield University (Cranfield Institute of Technology ) BE: BS: MS and PhD: 1982 MP:

86 Heriot-Watt University BA and BS: BE: MP: 1991 MS: PhD: 1977 Imperial College London Loughborough University (Loughborough University of Technology ) BE, MD, BS, MP, MR, MS and PhD: 2007 BA, BE, and MP: 1991 BS: MA, MS and PhD: 1977 The Open University BA, MP and PhD: MA and MS: BA, BS, MA, MP, MS and PhD: 2000 The Queen's University of Belfast (Queen s University Belfast) University of Aberdeen BA, BDS, LLB, MD, BMus, BS, MA, MS and PhD: 1977 BE and MP: 2000 LLB, MD, BS, MAH, ML, MS and PhD: 1977 MP: 1990 The University of Bath BA: 1982 BE, MA and MP: 1991 BS, MS and PhD: 1977 MR: 2005 University of Birmingham University of Bradford University of Bristol University of Cambridge University of Dundee BA, BDS, LLB, MD, MA, MS and PhD: 1977 BE: 1991 BS: ML and MP: 1982 BA, BS, MA, MS and PhD: 1977 BE and MP: 1982 MR: 2000 BA, BDS, LLB, MD, BS, BVS, MA, MS and PhD: 1977 BE and MP: 1992 ML: BA, MD, BVM, ML, MS and PhD: 1977 MP: 1982 BDS, LLB, MD, BS, MAH, MS and PhD:

87 MP: 1982 University of Durham University of East Anglia BA, BS, MA, ML, MS and PhD: 1977 BE, LLB and MP: 2000 BA, BS, MA, MS and PhD: 1977 BE: 1991 LLB and MP: 1982 The University of Edinburgh BDS: MD, LLB, BS, BVMS MAH, MS and PhD: 1977 BMus and MP: 1982 MLitt: 1977 University of Essex BA: MA, MS and PhD: 1977 BE: 2000 LLB: 1991 BS and MP: 1982 University of Exeter University of Glasgow / Vniversitatis Glasgvensis Senatvs The University of Hull BA, LLB, BS, MA and PhD: 1977 BE and MP: 1991 MS: 1982 BDS, LLB, MD, BMus, BS, BVMS, MAH, ML, MP, MS and PhD: 1977 BA, LLB, BS, MA, MS and PhD: 1977 BE: 1991 MP: 1982 University of Keele BA: MA, MS and PhD: 1977 LLB and MP: 2000 BS: 1982 University of Kent (The University of Kent at Canterbury ) BA, BS, MA, MS and PhD: 1977 BE, LLB and MR: 2000 MP: 1982 The University of Lancaster BA: MA and PhD: 1977 BE: BS: LLB and MP: 1982 ML: MR: 2000 MS:

88 The University of Leeds University of Leicester University of Liverpool University of London The University of Manchester (Victoria University of Manchester ) University of Newcastle upon Tyne The University of Nottingham BA, MD, LLB, BS, MA, MP, MS and PhD: 1977 BE: 1992 BA, BS, MA, MS and PhD: 1977 BE: 1991 LLB, MD and MP: 1982 BA, BDS, BE, LLB, MD, BS, BVS, MA, MS and PhD: 1977 MP: 1982 BA, LLB, BS, MA, MP and MS: BDS, MD, BSVM, BVM and PHD: 1977 BE: 1982 BMus: 1991 MR: BA, LLB, BDS, MD, BMus, BS, MA, MS and PhD: 1977 BE and MP: 1991 MR: 2000 BA, BDS, LLB, BS, MA, MP, MS and PhD: 1977 BE: 1991 MD: MR: 2000 BA, BS, MA, MS and PhD: BE: 1991 LLB: 1977 BVMS: 2011 MD and MP: MR: University of Oxford BA: 1977 MD, ML, MP, MS and PhD: 1982 University of Reading BA, BS, MA, MP, MS and PhD: 1977 BE: 1992 LLB: 1982 The University of Salford BA and MA: 1982 BE and MP: 1991 BS, MS and PhD: 1977 MR:

89 The University of Sheffield University of Southampton University of St. Andrews BA, BDS, BE, LLB, MD, BS, MA and PhD: 1977 MP and MS: 1992 BA, LLB, BM, BS, MA, MP, MS and PhD: 1977 BE: 1992 MR: 2000 BS, MAH, ML, MS and PhD: 1977 MP: 1982 University of Stirling BA, BS and ML: 1982 MP: 1992 MS and PhD: 1977 University of Strathclyde BA, LLB, BS, MA, ML and PhD: 1977 MP: 1991 MR: 2000 University of Surrey BA, MA and BMus: 1982 BE: 1991 LLB: 2000 BS, MP, MS and PhD: 1977 University of Sussex (The University of Sussex ) University of Ulster The University of Warwick University of York BA, BS, MA, MP, MS and PhD: 1977 BE: 1991 LLB: 2000 BA, MP, MS and PhD: 1984 BE and BMus: 1991 BS: MA and MS: MR: 2000 BA, BS, MA, MP, MS and PhD: 1977 BE and MR: 2000 LLB: 1982 BA, BE, BS, MA, MP, MS and PhD: 1977 MR: 2000 Professional Qualifications The following institution may award the qualifications specified from the dates shown. Institution Qualification* Qualification Level in Points 89

90 awarded from NZ terms under SMC Chartered Institute of Purchasing and Supply Certificate of Completion of Professional Stage Examinations Level 6 Graduate Diploma in Purchasing and Supply (Professional Stage) and Level 5 Graduate Diploma in Purchasing and Supply (Foundation Stage) Level 6 Graduate Diploma in Purchasing and Supply *The qualifications listed above have been given an academic level outcome only, they should not be considered comparable to a United Kingdom Bachelor with Honours degree. 90

91 Appendix 4 - Long Term Skill Shortage List This is the revised Long Term Skill Shortage List, effective from 24 March This Appendix is part of Government immigration instructions as described in section 22 of the Immigration Act 2009 (see WR3.10.1) and Government residence instructions as described in sections 22 and 23 of the Immigration Act 2009 (see RW4). Occupational Group Occupation - Occupations are listed by ANZSCO (Australian and New Zealand Standard Classification of Occupations) code. Long Term Skill Shortage List Requirements - Qualifications must be comparable to the standard of the New Zealand qualification listed. Also see Note 1 at the end of this list. In order to claim bonus points for qualifications in an area of absolute skill shortage under the Skilled Migrant Category, applicants must meet the following specifications. Agriculture and Forestry Forest Scientist (234113) One of the following qualifications: One of the following qualifications: Agriculture and Forestry Agricultural Scientist (Farm Systems Scientist) (234112) Environmental Research Scientist (Water Quality Analyst) (234313) Biotechnologist (Genetics Scientist) (234514) Life Scientist nec (Animal Scientist or Bioinformatics) (234599) Social Professional nec (Applied Social Scientist) (272499) Bachelor of Forestry Science (NZQF Level 7) Bachelor of Forestry Science with Honours (NZQF Level 8) Bachelor of Applied Science (Forestry) (NZQF Level 7) PhD (NZQF Level 10) with evidence of study in a specialist area relevant to the occupation (This may include Farm Systems Science, Water Quality Science, Quantitative Genetics, Animal Science, Bioinformatics, or Applied Social Science) AND a minimum of three years postdoctoral research experience in the agricultural sector Bachelor of Forestry Science (NZQF Level 7) Bachelor of Forestry Science with Honours (NZQF Level 8) Bachelor of Applied Science (Forestry) (NZQF Level 7) PhD (NZQF Level 10) with evidence of study in a specialist area relevant to the occupation (This may include Farm Systems Science, Water Quality Science, Quantitative Genetics, Animal Science, Bioinformatics, or Applied Social Science) AND a minimum of three years postdoctoral research experience in the agricultural sector Construction Construction Project Manager (Chip sealing, Asphalt or other EITHER (A): One of the following qualifications: EITHER (A): One of the following qualifications: 91

92 Technical Manager) (Roading and Infrastructure) (133111) Bachelor of Engineering (NZQF Level 7) Bachelor of Engineering with Honours (NZQF Level 8) Bachelor of Construction (Construction Management) (NZQF Level 7) Bachelor of Engineering Technology (Highways) (NZQF Level 7) Graduate Diploma in Construction Project Management (NZQF Level 7) Graduate Diploma in Engineering (Highways) (NZQF Level 7) Bachelor of Engineering (NZQF Level 7) Bachelor of Engineering with Honours (NZQF Level 8) Bachelor of Construction (Construction Management) (NZQF Level 7) Bachelor of Engineering Technology (Highways) (NZQF Level 7) Graduate Diploma in Construction Project Management (NZQF Level 7) Graduate Diploma in Engineering (Highways) (NZQF Level 7) AND a minimum of ten years' relevant post-qualification work experience AND a minimum of ten years' relevant post-qualification work experience (B): One of the following qualifications: (B): One of the following qualifications: Diploma in Engineering (Civil) (NZQF Level 6) National Diploma in Construction Management (NZQF Level 6) New Zealand Diploma in Engineering (Civil) (NZQF Level 6) Diploma in Engineering Technology (Highways) (NZQF Level 6) Diploma in Engineering (Civil) (NZQF Level 6) National Diploma in Construction Management (NZQF Level 6) New Zealand Diploma in Engineering (Civil) (NZQF Level 6) Diploma in Engineering Technology (Highways) (NZQF Level 6) AND AND trained in Staff Management trained in Staff Management AND a minimum of ten years' relevant post-qualification work experience AND a minimum of ten years' relevant post-qualification work experience Construction Construction Project Manager (Roading and Infrastructure) (133111) EITHER (A): One of the following qualifications: Bachelor of Engineering (Civil) (NZQF Level 7) Bachelor of Engineering with Honours (Civil) (NZQF Level 8) EITHER (A): One of the following qualifications: Bachelor of Engineering (Civil) (NZQF Level 7) Bachelor of Engineering with Honours (Civil) (NZQF Level 8) 92

93 Bachelor of Construction (Construction Management) (NZQF Level 7) Bachelor of Engineering Technology (Highways) (NZQF Level 7) Graduate Diploma in Construction Project Management (NZQF Level 7) Graduate Diploma in Engineering (Highways) (NZQF Level 7) Bachelor of Construction (Construction Management) (NZQF Level 7) Bachelor of Engineering Technology (Highways) (NZQF Level 7) Graduate Diploma in Construction Project Management (NZQF Level 7) Graduate Diploma in Engineering (Highways) (NZQF Level 7) AND a minimum of five years' relevant post-qualification work experience (B): One of the following qualifications: AND a minimum of five years' relevant post-qualification work experience (B): One of the following qualifications: Diploma of Engineering (Civil) (NZQF Level 6) National Diploma in Construction Management (NZQF Level 6) New Zealand Diploma in Engineering (Civil) (NZQF Level 6) Diploma in Engineering Technology (Highways) (NZQF Level 6) Diploma of Engineering (Civil) (NZQF Level 6) National Diploma in Construction Management (NZQF Level 6) New Zealand Diploma in Engineering (Civil) (NZQF Level 6) Diploma in Engineering Technology (Highways) (NZQF Level 6) AND AND trained in Project Management trained in Project Management AND a minimum of five years' relevant post-qualification work experience AND a minimum of five years' relevant post-qualification work experience Construction Project Builder (including Building Project Manager and Site Foreman) (133112) One of the following qualifications: Bachelor of Construction (Construction Management) (NZQF Level 7) One of the following qualifications: Bachelor of Construction (Construction Management) (NZQF Level 7) Bachelor of Applied Technology Building (NZQF Level 7) Bachelor of Applied Technology Building (NZQF Level 7) Graduate Diploma in Construction Project Management (NZQF Level 7) Graduate Diploma in Construction Project Management (NZQF Level 7) 93

94 National Diploma in Construction Management (NZQF Level 6) National Diploma in Construction Management (NZQF Level 6) AND a minimum of three years relevant post-qualification work experience AND a minimum of three years relevant post-qualification work experience Construction Quantity Surveyor (233213) One of the following qualifications: One of the following qualifications: Bachelor of Construction (Quantity Surveying) (NZQF Level 7) Bachelor of Construction (Construction Economics) (NZQF Level 7) Bachelor of Construction (Quantity Surveying) (NZQF Level 7) Bachelor of Construction (Construction Economics) (NZQF Level 7) AND a minimum of three years relevant post-qualification work experience AND a minimum of three years relevant post-qualification work experience Construction Surveyor (232212) One of the following qualifications: One of the following qualifications: Bachelor of Surveying (NZQF Level 7) Bachelor of Surveying with Honours (NZQF Level 8) Bachelor of Surveying (NZQF Level 7) Bachelor of Surveying with Honours (NZQF Level 8) Registration as a Professional Surveyor with the New Zealand Institute of Surveyors Registration as a Professional Surveyor with the New Zealand Institute of Surveyors Overseas NZIS approved degree (NZQF Level 7 or above) Overseas NZIS approved degree (NZQF Level 7 or above) AND AND Professional Associate Membership of the New Zealand Institute of Surveyors Professional Associate Membership of the New Zealand Institute of Surveyors Education University Lecturer (242111) Masters Degree (NZQF Level 9) or PhD (NZQF Level 10) Masters degree (NZQF Level 9) or PhD (NZQF Level 10) AND a minimum of twelve months work experience as a university lecturer (or a post doctoral fellow) Engineering Chemical Engineer (233111), Materials One of the following qualifications: A relevant Washington Accord One of the following qualifications: A relevant Washington Accord 94

95 Engineer (233112), Civil Engineer (233211), Geotechnical Engineer (233212), Structural Engineer (233214), Transport Engineer (233215), Electrical Engineer (233311), Electronics Engineer (233411), Industrial Engineer (233511), Mechanical Engineer (233512), Production or Plant Engineer (233513), Mining Engineer (excluding Petroleum) (233611), Petroleum Engineer (233612), Aeronautical Engineer (233911), Agricultural Engineer (233912), Biomedical Engineer (233913), Environmental Engineer (233915), Marine Designer (233916), Engineering Professionals nec (233999) accredited undergraduate engineering degree (listed) A relevant qualification comparable to: (a) a Bachelor of Engineering (NZQF Level 7), or (b) a Bachelor of Engineering with Honours (NZQF Level 8) A relevant qualification at NZQF Level 7 or higher with a letter from IPENZ certifying that the degree and any further learning meets the academic requirements for registration as a Chartered Professional Engineer in New Zealand NZ registration as a Chartered Professional Engineer by the Institution of Professional Engineers New Zealand. accredited undergraduate engineering degree (listed) A relevant qualification comparable to: (a) a Bachelor of Engineering (NZQF Level 7), or (b) a Bachelor of Engineering with Honours (NZQF Level 8) A relevant qualification at NZQF Level 7 or higher with a letter from IPENZ certifying that the degree and any further learning meets the academic requirements for registration as a Chartered Professional Engineer in New Zealand NZ registration as a Chartered Professional Engineer by the Institution of Professional Engineers New Zealand. Engineering Civil Engineering Technician (312212) One of the following qualifications: Bachelor of Engineering Technology (Civil Engineering) (NZQF Level 7) Bachelor of Engineering Technology (Civil) (NZQF Level 7) One of the following qualifications: Bachelor of Engineering Technology (Civil Engineering) (NZQF Level 7) Bachelor of Engineering Technology (Civil) (NZQF Level 7) 95

96 New Zealand Diploma in Engineering (Civil) (NZQF Level 6) National Diploma in Civil Engineering (Applied) (NZQF Level 6) New Zealand Diploma in Engineering (speciality Civil) (NZQF Level 6) Diploma in Engineering (Civil) (NZQF Level 6) Diploma in Civil Engineering (NZQF Level 6) New Zealand Diploma in Engineering (Civil) (NZQF Level 6) National Diploma in Civil Engineering (Applied) (NZQF Level 6) New Zealand Diploma in Engineering (speciality Civil) (NZQF Level 6) Diploma in Engineering (Civil) (NZQF Level 6) Diploma in Civil Engineering (NZQF Level 6) AND a minimum of three years work experience including a minimum of 12 months' relevant postqualification work experience in the past 18 months AND a minimum of three years work experience including a minimum of 12 months' relevant postqualification work experience in the past 18 months Engineering Electrical Engineering Technician (312312) One of the following qualifications: Bachelor s degree in Engineering (NZQF Level 7) majoring in electrical engineering a Bachelor s degree in Engineering with Honours (NZQF Level 8), majoring in electrical engineering One of the following qualifications: Bachelor s degree in Engineering (NZQF Level 7) majoring in electrical engineering a Bachelor s degree in Engineering with Honours (NZQF Level 8), majoring in electrical engineering AND a minimum of three years relevant post-qualification work experience AND a minimum of three years relevant post-qualification work experience Engineering Electronic Engineering Technician (312412) One of the following qualifications: National Diploma in Engineering (Electrotechnology) (NZQF Level 6) New Zealand Diploma in Engineering (Electrical Engineering specialisation in Electronics) relevant Bachelor Degree (NZQF Level 7) (for example, Bachelor of Engineering Technology, Bachelor of Technology in Electronics, Bachelor of Science or Bachelor of Engineering) One of the following qualifications: National Diploma in Engineering (Electrotechnology) (NZQF Level 6) New Zealand Diploma in Engineering (Electrical Engineering specialisation in Electronics) relevant Bachelor Degree (NZQF Level 7) (for example, Bachelor of Engineering Technology, Bachelor of Technology in Electronics, Bachelor of Science or Bachelor of Engineering) AND AND 96

97 a minimum of three years work experience AND a minimum of 12 months' relevant post-qualification work experience in the last 18 months a minimum of three years work experience AND a minimum of 12 months' relevant post-qualification work experience in the last 18 months Finance / Business External Auditor (221213) Membership or provisional membership as either a Chartered Accountant or an Associate Chartered Accountant with the New Zealand Institute of Chartered Accountants Membership or provisional membership as either a Chartered Accountant or an Associate Chartered Accountant with the New Zealand Institute of Chartered Accountants AND a minimum of one year's relevant post-qualification work experience. AND a minimum of one year's relevant post-qualification work experience. (Qualifications in this area of absolute skill shortage are: a bachelor degree or graduate diploma at NZQF Level 7, or a qualification at NZQF Level 8 or higher, majoring in accountancy see Note 4) Finance / Business Procurement Manager (133612) One of the following qualifications: Master of Logistics and Supply Chain Management (NZQF Level 9) Postgraduate Diploma in Logistics and Supply Chain Management (NZQF Level 8) Bachelor of Science (Logistics and Supply Chain Management) (NZQF Level 7) Bachelor of Management (Supply Chain Management) (NZQF Level 7) Bachelor of Electronic Commerce (Supply Chain Management) (NZQF Level 7) One of the following qualifications: Master of Logistics and Supply Chain Management (NZQF Level 9) Postgraduate Diploma in Logistics and Supply Chain Management (NZQF Level 8) Bachelor of Science (Logistics and Supply Chain Management) (NZQF Level 7) Bachelor of Management (Supply Chain Management) (NZQF Level 7) Bachelor of Electronic Commerce (Supply Chain Management) (NZQF Level 7) AND AND a minimum of five years' relevant work experience a minimum of five years' relevant work experience Health and Social Services Anaesthetist (253211) NZ registration within a relevant provisional vocational or vocational scope of practice with the Medical Council of New Zealand (Qualifications in this area of absolute skill shortage are: a Bachelor of Medicine and Bachelor of Surgery (NZQF Level NZ registration within a relevant provisional vocational or vocational scope of practice with the Medical Council of New Zealand 97

98 7) see Note 4) Health and Social Services Life Scientists nec (Anatomist or Physiologist (Clinical Respiratory Physiologist/Scien tist)) (234599) Postgraduate qualification in respiratory science and being a Certified Respiratory Function Scientist (credentialed by the Australia and New Zealand Society of Respiratory Scientists) or equivalent Postgraduate qualification in respiratory science and being a Certified Respiratory Function Scientist (credentialed by the Australia and New Zealand Society of Respiratory Scientists) or equivalent Health and Social Services Cardiac Technician (Clinical Cardiac Physiologist including Perfusionist) (311212) NZ registration with the Clinical Physiologists Registration Board (Qualifications in this area of absolute skill shortage are: a Post Graduate Diploma in Medical Technology or Science (Cardiovascular Perfusion) (NZQF Level 8) or Master of Science (Cardiovascular Perfusion) (NZQF Level 9) see Note 4) NZ registration with the Clinical Physiologists Registration Board Health and Social Services Clinical Psychologist (272311), Educational Psychologist (272312) NZ registration with the New Zealand Psychologists Board (Qualifications in this area of absolute skill shortage are: a Master of Psychology (NZQF Level 9), or Postgraduate Diploma in Psychology (NZQF Level 8) see Note 4) NZ registration with the New Zealand Psychologists Board Health and Social Services Diagnostic and Interventional Radiologist (253917) NZ registration within a relevant provisional vocational or vocational scope of practice with the Medical Council of New Zealand (Qualifications in this area of absolute skill shortage are: a Bachelor of Medicine and Bachelor of Surgery (NZQF Level 7) see Note 4) NZ registration within a relevant provisional vocational or vocational scope of practice with the Medical Council of New Zealand Health and Social Services General Practitioner (253111) NZ registration within a relevant provisional general, general, provisional vocational or vocational scope of practice with the Medical Council of New Zealand (Qualifications in this area of absolute skill shortage are: a Bachelor of Medicine and Bachelor of Surgery (NZQF Level 7) see Note 4) NZ registration within a relevant provisional general, general, provisional vocational or vocational scope of practice with the Medical Council of New Zealand Health and Social Services Intensive Care Specialist (253317) NZ registration within a relevant provisional vocational or vocational scope of practice with the Medical Council of New Zealand (Qualifications in this area of absolute skill shortage are: a Bachelor of Medicine and Bachelor of Surgery (NZQF Level NZ registration within a relevant provisional vocational or vocational scope of practice with the Medical Council of New Zealand 98

99 7) see Note 4) Health and Social Services Medical Radiation Therapist (251212) NZ registration as a Radiation Therapist with the Medical Radiation Technologists Board NZ registration as a Radiation Therapist with the Medical Radiation Technologists Board (Qualifications in this area of absolute skill shortage are: Bachelor in Health Science (Medical Imaging) (NZQF Level 7), or Bachelor of Medical Imaging (NZQF Level 7), or Bachelor of Applied Science (Medical Imaging Technology) (NZQF Level 7), or Bachelor of Health Science (Medical Radiation Therapy) (NZQF Level 7), or Bachelor of Radiation Therapy (NZQF Level 7), or Postgraduate Diploma in Health Science (Magnetic Resonance Imaging) (NZQF Level 8) see Note 4) Health and Social Services Nuclear Medicine Technologist (251213) NZ registration as a Medical Radiation Technologist (any scope of practice) with the Medical Radiation Technologists Board NZ registration as a Medical Radiation Technologist (any scope of practice) with the Medical Radiation Technologists Board (Qualifications in this area of absolute skill shortage are: Bachelor in Health Science (Medical Imaging) (NZQF Level 7), or Bachelor of Medical Imaging (NZQF Level 7), or Bachelor of Applied Science (Medical Imaging Technology) (NZQF Level 7), or Bachelor of Health Science (Medical Radiation Therapy) (NZQF Level 7), or Bachelor of Radiation Therapy (NZQF Level 7), or Postgraduate Diploma in Health Science (Magnetic Resonance Imaging) (NZQF Level 8) see Note 4) Health and Social Services Medical Laboratory Scientist including Cytotechnologist (Cytoscientist) (234611) NZ registration by the Medical Sciences Council of New Zealand (A qualification in this area of absolute skill shortage is: a Bachelor of Medical Laboratory Science (NZQF Level 7) see Note 4) NZ registration by the Medical Sciences Council of New Zealand Health and Social Services Medical Oncologist (253314) NZ registration within a relevant provisional vocational or vocational scope of practice with the Medical Council of New Zealand NZ registration within a relevant provisional vocational or vocational scope of practice with the Medical Council of New Zealand 99

100 (Qualifications in this area of absolute skill shortage are: a Bachelor of Medicine and Bachelor of Surgery (NZQF Level 7) see Note 4) Health and Social Services Registered Nurse (Aged Care) (254412) NZ registration as a Registered Nurse with the Nursing Council of New Zealand NZ registration as a Registered Nurse with the Nursing Council of New Zealand AND AND three years experience working as a Registered Nurse with adults three years experience working as a Registered Nurse with adults (A qualification in this area of absolute skill shortage is: a Bachelor of Nursing (NZQF Level 7) see Note 4) Health and Social Services Registered Nurse (Critical Care and Emergency) (254415) NZ registration as a Registered Nurse with the Nursing Council of New Zealand AND NZ registration as a Registered Nurse with the Nursing Council of New Zealand AND three years experience working as a Registered Nurse in Critical/Emergency nursing three years experience working as a Registered Nurse in Critical/Emergency nursing (A qualification in this area of absolute skill shortage is: a Bachelor of Nursing (NZQF Level 7) see Note 4) Health and Social Services Registered Nurse (Medical) (254418) NZ registration as a Registered Nurse with the Nursing Council of New Zealand NZ registration as a Registered Nurse with the Nursing Council of New Zealand AND AND three years experience working as a Registered Nurse in Medical nursing three years experience working as a Registered Nurse in Medical nursing (A qualification in this area of absolute skill shortage is: a Bachelor of Nursing ( NZQF Level 7) see Note 4) Health and Social Services Registered Nurse (Perioperative) (254423) NZ registration as a Registered Nurse with the Nursing Council of New Zealand NZ registration as a Registered Nurse with the Nursing Council of New Zealand AND AND three years experience working as a Registered Nurse in Perioperative nursing three years experience working as a Registered Nurse in Perioperative Nursing (A qualification in this area of absolute skill shortage is: a Bachelor of Nursing (NZQF Level 100

101 7) see Note 4) Health and Social Services Obstetrician and Gynaecologist (253913) NZ registration within a relevant provisional general or general scope of practice with the Medical Council of New Zealand (Qualifications in this area of absolute skill shortage are: a Bachelor of Medicine and Bachelor of Surgery (NZQF Level 7) see Note 4) NZ registration within a relevant provisional general or general scope of practice with the Medical Council of New Zealand Health and Social Services Pathologist (253915) NZ registration within a relevant provisional vocational or vocational scope of practice with the Medical Council of New Zealand (Qualifications in this area of absolute skill shortage are: a Bachelor of Medicine and Bachelor of Surgery (NZQF Level 7) see Note 4) NZ registration within a relevant provisional vocational or vocational scope of practice with the Medical Council of New Zealand Health and Social Services Physicist (Medical) (234914) Masters degree in Medical Physics or other relevant discipline, with a clinical component (NZQF Level 9) Masters degree in Medical Physics or other relevant discipline, with a clinical component (NZQF Level 9) Health and Social Services Physiotherapist (252511) NZ registration as a physiotherapist with the Physiotherapy Board of New Zealand (Qualifications in this area of absolute skill shortage are: a Bachelor of Physiotherapy (NZQF Level 7), or Bachelor of Physiotherapy with Honours (NZQF Level 8), or Bachelor of Health Science (Physiotherapy) (NZQF Level 7) see Note 4) NZ registration as a physiotherapist with the Physiotherapy Board of New Zealand Health and Social Services Psychiatrist (253411) NZ registration within a relevant provisional vocational or vocational scope of practice with the Medical Council of New Zealand (Qualifications in this area of absolute skill shortage are: a Bachelor of Medicine and Bachelor of Surgery (NZQF Level 7) see Note 4) NZ registration within a relevant provisional vocational or vocational scope of practice with the Medical Council of New Zealand Health and Social Services Radiation Oncologist (253918) NZ registration within a relevant provisional vocational or vocational scope of practice with the Medical Council of New Zealand (Qualifications in this area of absolute skill shortage are: a Bachelor of Medicine and Bachelor of Surgery (NZQF Level NZ registration within a relevant provisional vocational or vocational scope of practice with the Medical Council of New Zealand 101

102 7) see Note 4) Health and Social Services Renal Medicine Specialist (253322) NZ registration within a relevant provisional vocational or vocational scope of practice with the Medical Council of New Zealand (Qualifications in this area of absolute skill shortage are: a Bachelor of Medicine and Bachelor of Surgery (NZQF Level 7) see Note 4) NZ registration within a relevant provisional vocational or vocational scope of practice with the Medical Council of New Zealand Health and Social Services Social Worker (272511) One of the following qualifications: One of the following qualifications: Health and Social Services Sonographer (251214) Bachelor degree (specialising in Social Work) (NZQF Level 7) Graduate Diploma (specialising in Social Work) (NZQF Level 7) Post Graduate Diploma (specialising in Social Work) (NZQF Level 8) Masters (specialising in Social Work) (NZQF Level 9) an equivalent qualification as assessed by the Social Workers Registration Board NZ registration as a Medical Radiation Technologist with the Medical Radiation Technologists Board Bachelor degree (specialising in Social Work) (NZQF Level 7) Graduate Diploma (specialising in Social Work) (NZQF Level 7) Post Graduate Diploma (specialising in Social Work) (NZQF Level 8) Masters (specialising in Social Work) (NZQF Level 9) an equivalent qualification as assessed by the Social Workers Registration Board NZ registration as a Medical Radiation Technologist with the Medical Radiation Technologists Board (Qualifications in this area of absolute skill shortage are: Bachelor in Health Science (Medical Imaging) (NZQF Level 7), or Bachelor of Medical Imaging (NZQF Level 7), or Bachelor of Applied Science (Medical Imaging Technology) (NZQF Level 7), or Bachelor of Health Science (Medical Radiation Therapy) (NZQF Level 7), or Bachelor of Radiation Therapy (NZQF Level 7), or Postgraduate Diploma in Health Science (Magnetic Resonance Imaging) (NZQF Level 8) see Note 4) Health and Social Services Specialist Physician in Palliative Medicine (253399) NZ registration within a relevant provisional vocational or vocational scope of practice with the Medical Council of New Zealand (Qualifications in this area of absolute skill shortage are: a NZ registration within a relevant provisional vocational or vocational scope of practice with the Medical Council of New Zealand 102

103 Bachelor of Medicine and Bachelor of Surgery (NZQF Level 7) see Note 4) Health and Social Services Surgeon (General) (253511) NZ registration within a relevant provisional vocational or vocational scope of practice with the Medical Council of New Zealand (Qualifications in this area of absolute skill shortage are: a Bachelor of Medicine and Bachelor of Surgery (NZQF Level 7) see Note 4) NZ registration within a relevant provisional vocational or vocational scope of practice with the Medical Council of New Zealand Health and Social Services Veterinarian (234711) NZ registration with the Veterinary Council of New Zealand. (A qualification in this area of absolute skill shortage is: a Bachelor of Veterinary Science (NZQF Level 7) see Note 4 NZ registration with the Veterinary Council of New Zealand. 103

104 ICT, Electronics and Telecommunic ations Multimedia Designer (Film Animator) ( Minimum of three years specialist work experience in film animation in Maya, Soft Image/ XSI, 3D Studio Max, Combustion, After Effects, Unix, Linux, C, C++, Perl, GUI, CGI One of the following qualifications: Bachelor of Computer Graphic Design with Honours (NZQF Level 8) Postgraduate Diploma of Computer Graphic Design (NZQF Level 8) Bachelor of Computer Graphic Design (NZQF Level 7) Bachelor of Design (Digital Design), or (Media Design - with or without Computer Graphics) (NZQF Level 7) Bachelor of Visual Arts (NZQF Level 7) Bachelor of Fine Arts (Graphic Design Strand) (NZQF Level 7) Bachelor of Art and Design (NZQF Level 7) Bachelor of Software Engineering (with or without Game Programming) (NZQF Level 7) Bachelor of Creative Technology (Game Art) (NZQF Level 7) Bachelor of Design and Visual Arts (Graphic Design and Animation) (NZQF Level 7) Graduate Diploma (Advanced 3D Design) or (VFX and Motion Graphics) (NZQF Level 7) AND a minimum of three years specialist work experience in film animation ICT, Electronics and Telecommunic ations ICT Project Manager (135112), Organisation and Methods Analyst (224712), ICT Business Analyst (261111), Systems Analyst (261112), Multimedia Analyst (261211), Web Developer (261212), Analyst Programmer One of the following qualifications: Bachelor of Engineering with Honours (Computer Engineering ) or (Computer Systems) or (Electronic Engineering) or (Electrical and Electronic) or (Electrical and Electronic Engineering ) or (Electronics and Computer Engineering) or (Electronic and Computer Systems Engineering) or (Network Engineering) or (Software) or (Software Engineering) (NZQF Level 8) One of the following qualifications: Bachelor of Engineering with Honours (Computer Engineering ) or (Computer Systems) or (Electronic Engineering) or (Electrical and Electronic) or (Electrical and Electronic Engineering ) or (Electronics and Computer Engineering) or (Electronic and Computer Systems Engineering) or (Network Engineering) or (Software) or (Software Engineering) (NZQF Level 8) 104

105 (261311), Developer Programmer (261312), Software Engineer (261313), Software Tester (261314), Software and Applications Programmers nec (261399), Database Administrator (262111), ICT Security Specialist (262112), Systems Administrator (262113), Computer Network and Systems Engineer (263111), Network Administrator (263112), Network Analyst (263113), ICT Quality Assurance Engineer (263211), ICT Support Engineer (263212), ICT Systems Test Engineer (263213), ICT Support and Test Engineers nec (263299), Telecommunicatio ns Engineer (263311), Telecommunicatio ns Network Engineer (263312), ICT Customer Support Officer (Technical advice and Consultancy) (313112) Bachelor of Arts (Information Science) or (Computer Science) (NZQF Level 7) Bachelor of Applied Science (Telecommunications) or (Software Engineering) or (Communications and Information Systems), or (Information Systems and Technology) (NZQF Level 7) Bachelor of Business (Accounting and Information and Technology) or (Business Information Systems) or (Information Systems and Technology) or (Management and Information Systems and Technology) (NZQF Level 7) Bachelor of Business and Information Management (NZQF Level 7) Bachelor of Commerce (Computer Science) or (Information Management) or (Information Systems) or (Information Science) (NZQF Level 7) Bachelor of Computer and Information Science (Computer Science) or (Computational Intelligence) or (IT Service Science) or (Networks and Security) or (Software Development) (NZQF Level 7) Bachelor of Computing and Mathematical Sciences (Computer Science) (NZQF Level 7) Bachelor of Electronic Commerce (Computer Science) (NZQF Level 7) Bachelor of Engineering Technology (Computer and Mobile Systems Engineering) or (Electronic Engineering) or (Network and Communication Engineering) (NZQF Level 7) Bachelor of Information Sciences (Computer Science) or (Information Technology) or (Software Engineering) (NZQF Level 7) Bachelor of Mathematical Science (Computer Science) (NZQF Level 7) Bachelor of Science (Computer Engineering) or (Computer Science) or Bachelor of Arts (Information Science) or (Computer Science) (NZQF Level 7) Bachelor of Applied Science (Telecommunications) or (Software Engineering) or (Communications and Information Systems), or (Information Systems and Technology) (NZQF Level 7) Bachelor of Business (Accounting and Information and Technology) or (Business Information Systems) or (Information Systems and Technology) or (Management and Information Systems and Technology) (NZQF Level 7) Bachelor of Business and Information Management (NZQF Level 7) Bachelor of Commerce (Computer Science) or (Information Management) or (Information Systems) or (Information Science) (NZQF Level 7) Bachelor of Computer and Information Science (Computer Science) or (Computational Intelligence) or (IT Service Science) or (Networks and Security) or (Software Development) (NZQF Level 7) Bachelor of Computing and Mathematical Sciences (Computer Science) (NZQF Level 7) Bachelor of Electronic Commerce (Computer Science) (NZQF Level 7) Bachelor of Engineering Technology (Computer and Mobile Systems Engineering) or (Electronic Engineering) or (Network and Communication Engineering) (NZQF Level 7) Bachelor of Information Sciences (Computer Science) or (Information Technology) or (Software Engineering) (NZQF Level 7) Bachelor of Mathematical Science (Computer Science) (NZQF Level 7) Bachelor of Science (Computer Engineering) or (Computer Science) or 105

106 (Electronics) or (Electronic and Computer Systems) or (Information Science) (NZQF Level 7) Bachelor of Science (Technology) or (Computer Science) or (Electronics) (NZQF Level 7) (Electronics) or (Electronic and Computer Systems) or (Information Science) (NZQF Level 7) Bachelor of Science (Technology) or (Computer Science) or (Electronics) (NZQF Level 7) AND AND a minimum of three years' relevant post-qualification work experience. a minimum of three years' relevant post-qualification work experience. Recreation, Hospitality and Tourism Chef (351311) One of the following qualifications: New Zealand Certificate in Cookery (NZQF Level 4) National Certificate in Hospitality (Cookery) (NZQF Level 4) New Zealand Diploma in Cookery (Advanced) (NZQF Level 5) Diploma in Professional Cookery (NZQF Level 5) One of the following qualifications: New Zealand Certificate in Cookery (NZQF Level 4) National Certificate in Hospitality (Cookery) (NZQF Level 4) New Zealand Diploma in Cookery (Advanced) (NZQF Level 5) Diploma in Professional Cookery (NZQF Level 5) AND a minimum of five years' combined experience in establishments offering a la carte/banqueting or commercial catering, with a minimum of two years at Chef de Partie (Section Leader level or higher) AND a minimum of five years' combined experience in establishments offering a la carte/banqueting or commercial catering, with a minimum of two years at Chef de Partie (Section Leader level or higher) Science Other Spatial Scientist (232214) Bachelor degree specialising in Geography or Computer Science AND a minimum of two years' relevant post-qualification work experience in GIS applications (Key Application/Systems include: ESRI ARC/GIS; ARC/INFO ARC/SDE; Intergraph GeoMedia; Pitney Bowes MapInfo; GE Smallworld; Oracle Spatial; PostGIS/Postgres; MS SQL Server 2008; Bentley Maps, Geographic; Erdas; Geoserver; Safe FME) Bachelor degree specialising in Geography or Computer Science AND a minimum of two years' relevant post-qualification work experience in GIS applications (Key Application/Systems include: ESRI ARC/GIS; ARC/INFO ARC/SDE; Intergraph GeoMedia; Pitney Bowes MapInfo; GE Smallworld; Oracle Spatial; PostGIS/Postgres; MS SQL Server 2008; Bentley Maps, Geographic; Erdas; Geoserver; Safe FME) Science Environmental Research Scientist (234313) One of the following qualifications: Bachelor of Science (NZQF One of the following qualifications: Bachelor of Science (NZQF 106

107 Level 7) specialising in Environmental Science/s or Environmental Studies, or with an endorsement in Environmental Science Bachelor of Science (Technology) (NZQF Level 7) specialising in Environmental Sciences Bachelor of Applied Science (Environment) (NZQF Level 7) Level 7) specialising in Environmental Science/s or Environmental Studies, or with an endorsement in Environmental Science Bachelor of Science (Technology) (NZQF Level 7) specialising in Environmental Sciences Bachelor of Applied Science (Environment) (NZQF Level 7) AND a minimum of one year s relevant post-qualification work experience AND a minimum of one year s relevant post-qualification work experience Science Food Technologist (234212) One of the following qualifications: One of the following qualifications: Bachelor of Science (Food Science) (NZQF Level 7) Bachelor of Science (Human Nutrition) (NZQF Level 7) Bachelor of Science (Food Science) (NZQF Level 7) Bachelor of Science (Human Nutrition) (NZQF Level 7) AND a minimum of three years relevant post-qualification work experience in the industry AND a minimum of three years relevant post-qualification work experience in the industry Science Life Scientist (Regulatory Toxicologist) (234599) One of the following qualifications: Bachelor of Science (NZQF Level 7) with major Pharmacology or minor in Pharmacology or Environmental Toxicology Bachelor of Biomedical Sciences with a major in Drug and Human Health (NZQF Level 7) Master of Science (in either Pharmacology or Toxicology) (NZQF Level 9) One of the following qualifications: Bachelor of Science (NZQF Level 7) with major Pharmacology or minor in Pharmacology or Environmental Toxicology Bachelor of Biomedical Sciences with a major in Drug and Human Health (NZQF Level 7) Master of Science (in either Pharmacology or Toxicology) (NZQF Level 9) AND AND a minimum of three years relevant post-qualification work experience in the industry a minimum of three years relevant post-qualification work experience in the industry Science Statistician (Fisheries Modeller) Masters (NZQF Level 9) or PhD (NZQF Level 10) in Science, Statistics, Mathematics, Statistical Modelling, or another Masters (NZQF Level 9) or PhD (NZQF Level 10) in Science, Statistics, Mathematics, Statistical Modelling, or another 107

108 (224113) relevant discipline AND a minimum of one year s relevant post-qualification work experience relevant discipline AND a minimum of one year s relevant post-qualification work experience Trades Trades Automotive Electrician (321111) Diesel Motor Mechanic (including Heavy Vehicle Inspector) (321212) One of the following qualifications: National Certificate in Motor Industry (Automotive Engineering) (NZQF Level 4) National Certificate in Motor Industry (Automotive Electrical Engineering) (NZQF Level 4) National Certificate in Motor Industry (Automotive Electrical and Mechanical Engineering) (NZQF Level 4) (relevant strand is Electrical and Electronics) National Certificate in Motor Industry (Automotive Heavy Engineering) (NZQF Level 4) AND a minimum of three years' relevant post-qualification work experience One of the following qualifications: National Certificate in Motor Industry (Automotive Engineering) (NZQF Level 4) National Certificate in Motor Industry (Automotive Electrical Engineering) (NZQF Level 4) National Certificate in Motor Industry (Automotive Electrical and Mechanical Engineering) (NZQF Level 4) (relevant strand is Electrical and Electronics) National Certificate in Motor Industry (Automotive Heavy Engineering) (NZQF Level 4) AND a minimum of three years' relevant post-qualification work experience Trades Electrician (General) (341111) NZ registration as an electrician with a Full or Limited Certificate from the Electrical Workers Registration Board NZ registration as an electrician with a Full or Limited Certificate from the Electrical Workers Registration Board Trades Electric Line Mechanic (342211) NZ registration as a line mechanic with the Electrical Workers Registration Board (Qualifications in this area of absolute skill shortage are: National Certificate in Electricity Supply (Line Mechanic Distribution) (NZQF Level 4) or National Certificate in Electricity Supply (Line Mechanic Transmission) (NZQF Level 4) see Note 4) NZ registration as a line mechanic with the Electrical Workers Registration Board Transport Ship's Officer (231214) Officer in Charge of a Navigational Watch (on ships of 500 gross tonnage or more) Certificate of Competency (issued in accordance with Regulation II/1 of the International Convention on Standards of Training Certification and Watchkeeping for Seafarers (STCW78 as amended) and subject to recognition by Maritime New Zealand) No bonus points available via this column 108

109 AND a minimum one year s relevant post-certification work experience Transport Ship's Engineer (231212) Marine Engineer Class 3 (Officer in Charge of an Engineering Watch on ships of 750 kilowatts or more) Certificate of Competency (issued in accordance with Regulation III/1 of the International Convention on Standards of Training Certification and Watchkeeping for Seafarers (STCW78 as amended) and subject to recognition by Maritime New Zealand) AND a minimum three years relevant post-certification work experience No bonus points available via this column Transport Ship's Master (231213) Master of a Foreign Going Ship (Master on ships of 3,000 gross tonnage or more) Certificate of Competency (issued in accordance with Regulation II/2 of the International Convention on Standards of Training Certification and Watchkeeping for Seafarers (STCW78 as amended) and subject to recognition by maritime New Zealand) AND a minimum three years relevant post-certification work experience No bonus points available via this column Note 1: Overseas qualifications must be comparable to the standard of the New Zealand qualification listed or a qualification listed in the NZSCED category. Note 2: Where work experience is included as a requirement it applies to all qualifications listed for the occupation (unless otherwise indicated). Note 3: Qualifications held by applicants claiming points based on this list under the Skilled Migrant Category must be recognised under the Skilled Migrant Category. Note 4: Where New Zealand registration is specified as a requirement and states "a qualification(s) in this area of absolute skill shortage is/are ", a person only needs to hold the particular New Zealand registration and to have undertaken any necessary work experience in order to meet the requirements of the list. In these cases, qualifications are listed only for the purposes of people applying for work visas under WF

110 Appendix 5 - List of persons closely associated with Robert Mugabe, president of Zimbabwe, and the Zimbabwe government Name Sometime Role D.O.B Abu Basutu, Titus M. J. Ahmed Al-Shanfari (aka AL SHANFARI), Thamer Bin Said Air Vice Marshal, Matebeleland South Former Chairman of Oryx Group and Oryz Natural Resources or Bonyongwe, Happyton Director-General, Central Intelligence Organisation Bonyongwe, Willa or Willia Buka (aka Bhuka), Flora Chair - Securities Commission, spouse of Happyton Bonyongwe President's office, former Minister for Special Affairs, responsible for Lands and Resettlement Programmes, former Minister of State in the Vice-President's office and former Minister of State for the Land Reform in the President's Office Bvuzijena (or Bvudzijena), Wayne Chairuka, Annie Flora Imagine Assistant Police Commissioner, Police Spokesman Spouse of Paradzai Zimondi Chapfika, Abina Spouse of David Chapfika or Chapfika, David Charamba, George Former Deputy Minister of Agriculture (former Deputy Minister of Finance and Economic Development) Information Minister's Permanent Secretary and Spokesman or Permanent Secretary, Department for Information and Publicity or or Charamba, Rudo Grace Spouse of George Charamba Charumbira, Fortune aka Zefanaya President of the Council of Chiefs and former Deputy Minister of Local Government, Public Works and National Housing, Member of the Zanu- PF Central Committee Member Chidarikire, Faber Edmund Provincial Governor for Mashonaland West, former Mayor of Chinhoyi Chigudu, Tinaye (aka Tinayi) Elisha Nzirasha Former Provincial Governor - Manicaland Chigwedere, Aeneas Soko Chigwedere, Emilia Provincial Governor, Mashonaland East, Former Education, Sports and Culture Minister Spouse of Aeneas Chigwedere Chihota (aka Chiota), Phineas Deputy Minister for Industry and International Trade Chihuri, Augustine Police Commissioner General Chihuri, Isabel (or Isobel) Halima Spouse of Augustine Chihuri Chimbudzi, Alice Chimutengwende, Chenhamo Chakezha (or Chekezha) Chen Chinamasa, Monica ZANU-PF Politburo Committee Member Former Minister for State of Public and Interactive Affairs (former Minister of Post and Telecommunications, former Minister of Information) President of the Zimbabwe National Farmers Union, Spouse of Patrick Chinamasa circa

111 Chinamasa, Patrick Anthony Chindori-Chininga, Edward Takaruza Chinotimba, Joseph Minister of Justice, Legal and Parliamentary Affairs Former Mines and Energy Minister Former Minister of Mines and Mining Development Vice Chairman of Zimbabwe National Liberation War Veterans' Association, leader of ZANU-PF militia Chipanga, Tongesai Shadreck Former Deputy Minister of Home Affairs or Chipwere, Augustine Chitepo, Victoria Chiwenga, Constantine Colonel, Bindura South ZANU-PF Politburo Committee member, former Minister of Information, former Minister of Post and Telecommunications and former Tourism Minister Commander Zimbabwe Defence Forces, General (former Army Commander, Lieutenant General) Chiwenga, Jocelyn Mauchaza Businesswoman, Spouse of Constantine Chiwenga Chiweshe, George Chairman - Zimbabwe Electoral Commission, Supreme Court Judge Chiwewe, Willard Chiyangwa, Jocelyn Former Provincial Governor Masvingo, former Senior Secretary responsible for Special Affairs in the President's Office Spouse of Philip Chiyangwa Chombo, Ever Spouse of Ignatius Chombo Chombo, Ignatius Morgan Chiminya Minister of Local Government, Public Works and Urban Development Chombo, Marian Spouse of Ignatius Chombo Damasane, Abigail Dinha, Martin aka Advocate Martin Dube, Tshinga Judge Goche, Nicholas Tasunungurwa Deputy Minister of Women's Affairs, Gender and Community Development Provincial Governor for Mashonaland Central CEO - Zimbabwe Defence Industries; retired colonel and ZANU-PF candidate in the parliamentary elections Minister of Public Services, Labour and Social Welfare, (former Minister of State for National Security in the President's Office) or Gombe (or Gambe), Theophilius Pharaoh (aka G Gombe) Chairman - Zimbabwe Electoral Supervisory Commission Gono, Gideon Governor - Reserve Bank of Zimbabwe Gono (aka GOYO), Hellin (aka Helen) Mushanyuri Spouse of Gideon Gono Gumbo, Rugare Eleck Ngidi Gurira, Cephas T. Former Minister of Agriculture (former Minister of Economic Development) Colonel, Mhondoro Mubaira

112 Gwekwerere, Stephen Hungwe, Josaya Dunira (alias Josiah) Jaele, Orse Kachepa, Newton Colonel, Chinhoyi Former Provincial Governer, Masvingo Spouse of Sikhanyiso Ndlovu MP for Mudzi North Kangai, Kumbirai ZANU-PF Politburo Committee Member, Secretary for External Affairs Karakadzai, Mike Tichafa Kasukuwere, Saviour Air Commodore, Harare Metropolitan Province Deputy Minister for Youth Development & Employment Creation, and ZANU-PF Politburo Deputy-Secretary for Youth Affairs Kaukonde, Ray Joseph Former Provincial Governor - Mashonaland East Kazangarare, Jawet Khumalo, Sibangumuzi M. (aka Sixton) Kunonga, Nolbert (or Nobert) Kwainona, Martin Kwenda, R Langa, Andrew Mabunda, Musarahana (or Musarashana) Machaya, Jaison (aka Jason) Max Kokerai Made, Joseph Mtakwese Made, Patricia A ZANU-PF Councillor in Hurungwe North and war veteran Brigadier General, Matebeleland North Self-appointed Anglican Bishop Assistant Commissioner, Zimbabwe Police Major, Zaka East Deputy Minister of Environment and Tourism (former Deputy Minister of Transport and Communication) Assistant Police Commissioner, Commanding Officer - Law and Order Division Provincial Governor, Midlands, former Deputy Minister for Mines & Mining Development Minister of State for Agricultural Engineering and Mechanisation (former Minister for Agriculture and Rural Development) Former director of Inter-Press Service, Spouse of Joseph Made Madzongwe, Edna (aka Edina) ZANU-PF President of the Senate Mahofa, Shuvai Ben Mahoso, Tafataona Former Deputy Minister for Youth Development, Gender and Employment Creation Chair, Media Information Commission Malinga, Joshua ZANU-PF Politburo Deputy-Secretary for Disabled and Disadvantaged Maluleke, Titus Hatlani Mangwana, Paul Munyaradzi Provincial Governor, Masvingo, former Deputy Minister of Education, Sports and Culture Minister of State for Indigenization and Empowerment (former Minister of State Enterprises, Anti-Corruption and Anti-Monopolies) Manyonda, Kenneth (aka Vhundukai) Former Deputy Minister of Industry and International Trade Marumahoko, Reuben Deputy Minister of Foreign Affairs (former Deputy Minister of Home Affairs)

113 Mashava, G Masuku, Angeline Colonel, Chiredzi Central Provisional Governor, Matabeleland South and ZANU-PF Politburo, Secretary for Disabled and Disadvantaged Matanga, Godwin Deputy Police Commissioner Mathema, Cain Ginyilitshe Ndabazekhaya Mathuthu, Thokozile Matiza, Joel Biggie (or Biggie Joel) Provisional Governor, Bulawayo Provisional Governor, Matabeleland North and ZANU-PF Politburo, Deputy Secretary for Transport and Social Welfare Deputy Minister of Rural Housing and Social Amenities Matonga, Bright (aka Brighton) Deputy Minister for Information and Publicity Matshalaga, Obert Mavhaire, Dzikamai Mhandu, Kairo (or Cairo) Mhonda, Fidellis Deputy Minister of Home Affairs (former Deputy Minister of Foreign Affairs) Zanu-PF Politburo Member, Deputy Secretary of the Politburo Committee on Lands and Resettlement Major, Zimbabwe National Army Colonel, Rushinga or Midzi, Amos Bernard Muvenga (or Mugenva) Former Minister of Mines and Mining Development (former Minister for Energy and Power Development) Mnangagwa, Emmerson (or Emerson) Dambudzo Mnangagwa, Farai Minister of Rural Housing and Social Amenities (former Speaker of Parliament) Mohadi, Kembo Campbell Dugishi Minister for Home Affairs (former Deputy Minister of Local Government, Public Works and National Housing) Moyo, Gilbert War veteran, leader of ZANU-PF militia Moyo, Jonathan Nathaniel Former Minister for Information and Publicity Moyo, Sibusio Bussie Moyo, Simon Khaya Mpabanga, S Brigadier General, Zimbabwe National Army Former ZANU-PF Politburo Deputy-Secretary for Legal Affairs, Ambassador to South Africa Lieutenant Colonel, Mwenezi East or 1945 Mpofu, Obert Moses Minister of Industry and International Trade, former Provincial Governor, Matabeleland North, ZANU-PF Politburo Deputy-Secretary for National Security Msipa, Cephas George Former Provisional Governor, Midlands Msipa, Sharlotte (or Sharlottie) Spouse of Cephas Msipa Muchena, Henry Muchena, Olivia Nyembesi (aka Nyembezi) Air Vice Marshal, Midlands Minister of State for Science and Technology in the President's Office, former Minister of State in Vice-President Msika's Office Muchinguiri (aka MUCHINGURI), ZANU-PF Politburo Secretary for Gender and Culture, former Minister

114 Oppah Chamu Zvipange for Women's Affairs, Gender and Community Development, Politburo Secretary for Gender and Culture Muchinguri, Tapiwa Rushesha Muchono, C Mudede, Tobias (or Tobaiwa) aka Tonneth Lieutenant Colonel, Mwenezi West Registrar General Mudenge, Stan aka Isaak (or Isack) Stanilaus Gorerazvo Mudonhi, Columbus Minister of Higher and Tertiary Education (former Minister of Foreign Affairs) Assistant Inspector, Zimbabwe Republic Police (or Zimbabwe National Army) Mugabe, Grace Spouse of Robert Mugabe Mugabe, Leo Director of Zimbabwe Defence Industries, Businessman and nephew of Robert Mugabe or or Mugabe, Robert Gabriel President or Mugariri, Bothwell Former Senior Assistant Police Commissioner, Commanding Officer, Harare Province Muguti, Edwin Deputy Minister of Health and Child Welfare or circa 1965 Mujuru, Joyce Teurai Ropa Mukosi, Musoro Wegomo Mumba, Isaac Vice-President, former Minister of Water Resources and Infrastructural Development Producer with Zimbabwe Broadcasting Corporation Superintendent, Zimbabwe Republic Police Mumbengegwi, Samuel Creighton Former Minister of Finance (former Minister for Indigenization and Empowerment) Mumgengegwi, (or Mumbengegwi) Emily Murerwa (aka Murerwas), Herbert Muchemwa Former Minister of Finance Murerwa, Ruth Atipo (or Chipo) Spouse of Herbert Murerwa Musariri, Munyaradzi Mushohwe, Christopher Chindoti Mutasa, Didymus Noel Edwin Mutasa, Gertrude Mutezo, Munacho Thomas Alvar Assistant Police Commissioner Provincial Governor, Manicaland, former Minister of Transport and Communications Minister of State for National Security, Land Reform and Resettlement in the Office of the President, ZANU-PF, Secretary for Administration Colonel in the Zimbabwe Defence Force and spouse of Didymus Mutasa Former Minister of State for Water Resources and Infrastructural Development

115 Mutinhiri, Abros (Ambros aka Ambrose) Mutiwekuziva, Kenneth Kaparadza Mutsvunguma, S Minister of Youth Development, Gender and Employment Creation, Retired Brigadier Former Deputy Minister of Small and Medium Enterprises, Development and Employment Creation Colonel, Headlands Muzenda, Tsitsi V ZANU-PF Politburo Senior Committee Member Muzonzini, Elisha Brigadier, former Director-General, Central Intelligence Organisation Mzembi, Walter Minister for Tourism and Hospitality Industry Mzilikazi, Morgan S Ncube, Abedinico Ndlovu, Naison K Colonel (MID), Buhera Central Deputy Minister of Public Service, Labour and Social Welfare (former Deputy Minister of Foreign Affairs) Deputy President of the Senate, and ZANU-PF Politburo Secretary for Production and Labour Ndlovu, Richard ZANU-PF Politburo Deputy Commissariat Ndlovu, Rose Jaele Spouse of Sikhanyisu Ndlovu Ndlovu, Sikhanyisu (or Sikhanyiso) Duke Nguni, Sylvester Robert ZANU-PF Politburo Secretary for Education, former Minister of Information and Publicity, former Deputy Minister of Higher and Tertiary Education, Minister of Economic Development (former Deputy Minister of Agriculture) or Nhema, Francis Chenayaimoyo Dunstan Environment and Tourism Minister Nkomo, Georgina Ngwenya Spouse of John Nkomo Nkomo, Louise S. (aka Nhema, Louise Sehulle) Spouse of Frances Nhema Nyambuya, Michael Reuben Former Minister of Energy and Power Development, former Lieutenant General, Provincial Governor, Manicaland Nyanhongo, Hubert Magadzire (or Magadzire Hubert) Deputy Minister of Transport and Communications Nyikayaramba, Douglas Brigadier General, Mashonaland East, Executive Secretary of Election Supervisory Commission Nyoni, Peter Baka Spouse of Sithembiso Nyoni Nyoni, Sithembiso Gile Glad Parirenyatwa, Choice Parirenyatwa, David Pagwese Patel, Bharat Pote, Selina (or Celine) M Minister of Small and Medium Enterprise Development and Employment Creation Spouse of David Parirenyatwa Minister of Health and Child Welfare (former Deputy Minister, Health and Child Welfare) Former Acting Attorney-General, Justice ZANU-PF Politburo Deputy-Secretary for Gender and Culture

116 Rangwani, Dani Rautenbach (or Rautenback) Muller Conrad (aka Wilhelm or Billy) Rugeje, Engelbert Abel Rungani, Victor TC Ruwodo, Richard Sakabuya, Morris Police Detective Inspector Businessman Major General, Masvingo Province Colonel, Chikomba, Brigadier General (Retired) Former Brigadier General, Major General (retired), former Acting Permanent Under Secretary for Ministry of Defence Deputy Minister of Local Government, Public Works and Urban Development or Sakupwanya, Stanley ZANU-PF Politburo Deputy-Secretary for Health and Child Welfare Sandi (aka Sachi), E Former ZANU-PF Politburo Deputy Secretary of Home Affairs, ZANU-PF Politburo Deputy Secretary for Women's Affairs Savanhu, Tendai ZANU-PF Politburo Deputy Secretary of Transport and Social Welfare Sekeramayi, Lovemore Sekeramayi, Sydney (or Sidney) Tigere Sekeremayi (aka Sekeramayi), Tsitsi Chihuri Chief Election Officer - Zimbabwe Electoral Commission Minister of Defence Spouse of Sydney Sekeramayi circa 1944 Shamu, Webster Kotiwani Shamuyarira, Dorothy ZANU-PF Politburo Minister of State for Policy Implementation in the President's Office Shamuyarira, Nathan Marwirakuwa Shiri, Perence (aka Bigboy Samson Chikerema) Sibanda, Chris Secretary for Information and Publicity Air Marshal (Air Force) Colonel, Bulawayo Province Sibanda, Jabulani Former Chair, National War Veterans Association Sibanda, Levy Deputy Police Commissioner Sibanda, Misheck Julius Mpande Cabinet Secretary Sibanda, Phillip Valerio (Valentine) Sigauke, David Commander, Zimbabwe National Army, Lieutenant General Brigadier General, Mash West Province Sikhosana (or Sikosana) Absolom ZANU-PF Politburo Secretary for Youth Affairs Silukhumi, Naneti Tarumbwa, Nathaniel Charles Tomana, Johannes Second spouse of Ignatius Chombo Brigadier General, Manicaland and Mutare South Attorney General TONDERAI (aka Matibiri), Deputy Police Commissioner

117 Innocent Utete, Charles Veterai, Edmore Chairman of the Presidential Land Review Committee, former Cabinet Secretary Senior Assistant Police Commissioner, Commanding Officer, Harare Zhuwao, Beauty Lily Spouse of Patrick Zhuwao Zhuwao, Patrick Deputy Minister of Science and Technology and nephew of Robert Mugabe Zimonte, Paradzal (aka Zimondi, Paradzai) Prisons Director

118 APPENDIX 2: IMMIGRATION INSTRUCTIONS THAT HAVE BEEN REVOKED EFFECTIVE FROM 24 MARCH

119 BH3.5 Consistency with business proposal under the Long Term Business Category a. An application under the Entrepreneur category will be declined if: i. the business on the basis of which the application is made was established while the principal applicant was holding a work visa granted under the Long Term Business Category; and the business is different from a business proposal (including a business proposal subsequently modified with the consent of a business immigration specialist) in respect of which the applicant was granted a work visa. b. Despite BH3.5(a) above, an application may be approved if: i. the business that has been established would have met the requirements for a business plan under Long Term Business Category; and i iv. the business that has been established required the same or a greater level of capital investment than a business proposal in respect of which the applicant was granted or issued a work visa under the Long Term Business Category; and the applicant has relevant experience for the new business; and the business has provided a significant benefit to New Zealand as determined by a business immigration specialist (see BH4.10). c. For the purposes of BH3.5(b)(ii), account will only be taken of the amount of capital that has been actively invested in the business. No account will be taken of: i. working capital (see BH4.5.15); or i passive of speculative investments, such as reserve funds or term bank deposits; or expenditure on items for the personal use of the applicant(s), such as personal residence, cars or boats. Revoked 24/03/

120 BH3.10 Direct applications under Entrepreneur category Principal applicants are not required to have held a work visa under the Long Term Business Category and may apply directly for a resident visa on the basis of having already successfully established a business in New Zealand. Revoked 24/03/

121 BH7.5 Failure to meet approval in principle requirements Applications for a resident visa must be declined if principal applicants do not present the requirements listed in the approval in principle letter within the timeframe specified by a business immigration specialist in the approval in principle letter. Revoked 24/03/

122 BL Entrepreneur Plus Category Revoked 24/03/

123 BL1 Objective The objective of the Entrepreneur Plus Category is to attract migrants who can demonstrate they have been actively participating in business and contributing to New Zealand's economic development. Revoked 24/03/

124 BL2 Summary of requirements a. For an application under the Entrepreneur Plus Category to be approved: i. the principal applicant and family members included in the application must meet health and character requirements (see A4 and A5); and i iv. the principal applicant must hold a Long Term Business Visa; and the principal applicant and family members over 16 years must meet minimum English language requirements (see BL4); and the principal applicant must transfer NZ$0.5 million to New Zealand (see BL5). v. the principal applicant must have successfully established a business in New Zealand (see BL6). Revoked 24/03/

125 BL3 Relationship to Long Term Business Category Revoked 24/03/

126 BL3.1 Consistency with business proposal under the Long Term Business Category a. An application under the Entrepreneur Plus Category will be declined if: i. the business on the basis of which the application is made was established while the principal applicant was holding a work visa granted under the Long Term Business Category; and the business is different from a business proposal (including a business proposal subsequently modified with the consent of a business immigration specialist) in respect of which the applicant was granted a work visa. b. Applications under the Entrepreneur Plus Category will also be declined if the principal applicant and any partner or dependent child applied for and was granted welfare assistance under the Social Security Act 1964 while in New Zealand during the currency of their temporary visas (or permits granted under the Immigration Act 1987). c. Notwithstanding (a) above, where an application otherwise meets all requirements for approval, a business immigration specialist may approve the application when they are satisfied that: i. the business that has been established would have met the requirements for a business plan under Long Term Business Category; and the applicant has relevant experience for the new business. Revoked 24/03/

127 BL4 English language requirements a. Principal applicants in the Entrepreneur Plus Category must have a minimum overall band score of IELTS 4 for English language ability (see BF2). b. Any partner or dependent children aged 16 years and over who are included in the application must meet the minimum standard of English above or pre-purchase ESOL tuition (see BF1.1). Revoked 24/03/

128 BL5 Transfer of investment capital a. If they have not done so previously under the Long Term Business Category, the principal applicant must provide evidence of the transfer of NZ$0.5 million of investment capital, as stated in the business plan, through the banking system direct from the principal applicant's bank account(s) to New Zealand. b. Borrowed capital is acceptable where the principal applicant is able to demonstrate that: i. they own net assets equal or greater in value to the proposed investment amount; and the borrowed investment capital is from a bank or commercial lending institution and is secured against the assets identified under (i). Revoked 24/03/

129 BL6 Successful establishment of a business in New Zealand a. A principal applicant will be considered to have successfully established a business in New Zealand if: i. they have established or purchased, or made a substantial investment in a business operating in New Zealand; and i iv. they have been self-employed in New Zealand in that business since meeting (i); and they have invested at least NZ$0.5 million into the business as set out at (i); and they have created a minimum of three full-time positions for New Zealand citizens or residents in that business; and v. the business complies with employment and immigration law (see BL6.10). b. For the purposes of BL6(a)(iii), account will only be taken of the amount of capital that has been actively invested in the business. No account will be taken of i. working capital (see BL6.5.15); or i passive of speculative investments, such as reserve funds or term bank deposits; or expenditure on items for the personal use of the applicant(s), such as personal residence, cars or boats. Revoked 24/03/

130 BL6.5 Definitions BL6.5.1 Substantial investment Substantial investment means the purchase of 25% or more of the shareholding of a business. BL6.5.5 Self-employment a. Self-employment is lawful active involvement in the management and operation of a business in New Zealand which the principal applicant has established or purchased, or in which the principal applicant has made a substantial investment (see BL6.5.1). b. For the avoidance of doubt, self-employment does not include involvement of a passive or speculative nature. BL Full-time employment For the purpose of these instructions, full-time employment is considered to be at least 30 hours of work per week. BL Working capital For the purposes of Entrepreneur Plus Category instructions, working capital is capital that is tied to assets used in the on-going maintenance or day-to-day running of a business. Revoked 24/03/

131 BL6.10 Compliance with employment and immigration law a. Businesses established in New Zealand 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: i. paying employees no less than the appropriate minimum wage; and meeting holiday and special leave requirements or other minimum statutory criteria, eg occupational safety and health obligations; and i only employing people who have authority to undertake that work under the Immigration Act b. Despite (a) above, where an application otherwise meets all requirements for approval and there is an incident of non-compliance with any relevant employment or immigration law in force in New Zealand, a business immigration specialist may nevertheless approve the application where: i. they are satisfied that the breach of requirements is of a minor nature; and evidence is provided that satisfies the business immigration specialist that the cause and consequences of the breach have been remedied. c. To determine the nature of a breach, the business immigration specialist may consult with Workplace Employment Relations, Workplace Health & Safety, and/or the Accident Compensation Corporation. Revoked 24/03/

132 BL7 Evidence of requirements Revoked 24/03/

133 BL7.1 Evidence of transfer of investment capital a. Evidence of transferring investment capital to New Zealand through the banking system may include but is not limited to: i. telegraphic transfer forms other documents, evidence and information the business immigration specialist considers may demonstrate the transfer of investment capital to New Zealand through the banking system. Revoked 24/03/

134 BL7.5 Evidence that the principal applicant has established a business in New Zealand a. All documents submitted to prove that the principal applicant has established a business in New Zealand must be produced by a reliable independent agency or professional (for example, a solicitor or chartered accountant). b. Evidence that the principal applicant has established a business in New Zealand may include, but is not limited to: a Certificate of Incorporation financial accounts GST records New Zealand Companies Office annual returns shareholding records other tax records c. The business immigration specialist may request any other documents to support the application. Revoked 24/03/

135 BL7.10 Evidence of investment amount a. Suitable evidence of the investment amount can include, but is not limited to, original or certified copies of the following: a sales and purchase agreement shareholder certificates financial transfer documentation b. The business immigration specialist may request any other documents to support the application. Revoked 24/03/

136 BL7.15 Evidence of job creation a. Suitable evidence of the created jobs can include, but is not limited to, original or certified copies of the following documents: Evidence of employees NZ citizenship or resident status (for example, passport, birth certificate) Employment agreements or contracts IRD Employee schedules Payslips Job descriptions Job assessments Letters of appointment Revoked 24/03/

137 BL8 Approval in principle Principal applicants who meet the criteria of the Entrepreneur Plus Category will be advised that: a. their application has been approved in principle; and b. resident visas may be granted once the following requirements have been met: i. the principal applicant pays any applicable migrant levy; and the principal applicant submits evidence that they and any partner or dependent children aged 16 or over meets the English language requirements (see BF1.1); and c. where resident visas are granted they will be subject to conditions under section 49(1) of the Immigration Act 2009 (see BL9.1). Revoked 24/03/

138 BL8.1 Failure to meet approval in principle requirements Applications for a resident visa may be declined if principal applicants do not present the requirements listed in the approval in principle letter within the timeframe specified by a business immigration specialist in the approval in principle letter. Revoked 24/03/

139 BL9 Resident visas Resident visas granted under these instructions will be subject to travel conditions which allow the applicant 12 months from the grant of the visa to enter New Zealand for the first time. Revoked 24/03/

140 BL9.1 Resident visas subject to conditions See also Immigration Act 2009 s 49 a. 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: i. 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 i 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 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. b. 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: a. the conditions; and b. that failure to comply with the conditions may result in the visa holder becoming liable for deportation under section 159 of the Immigration Act BL Reminder from Immigration New Zealand to provide evidence of conditions being met a. 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. b. The evidence must be provided no later than three months after the expiry of the conditions. BL Meeting conditions a. The principal applicant will need to show that they have: i. 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 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). b. 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. c. 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) 140

141 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). BL 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. BL 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 Revoked 24/03/