English Language Requirement for Business Visas (BF Chapter)

At a glance

Principal applicants under the Entrepreneur Work Visa Category, Entrepreneur Residence Visa, and Employees of Relocating Businesses categories must meet a minimum standard of English to ensure their English language ability is sufficient to assist them to successfully settle in New Zealand. Applications under these Business Immigration categories must be declined if the principal applicant has not met the minimum standard of English [BF1].

Definition

BF1 establishes a mandatory English language threshold for principal applicants in three Business Immigration categories:

• Entrepreneur Work Visa Category — temporary entry class visa for entrepreneurs to establish or buy a business in New Zealand [BF1].
• Entrepreneur Residence Visa — residence class visa for entrepreneurs who have successfully established their business [BF1].
• Employees of Relocating Businesses — residence class visa for key employees of businesses relocating to New Zealand [BF1].

The minimum standard of English that must be met is specified in BF2. BF1 itself establishes only the requirement and the mandatory consequence of non-compliance: the application must be declined if the principal applicant has not met the minimum standard [BF1].

BF2 Minimum standard of English

Unless a specific category instruction states otherwise, principal applicants under any business immigration category meet the minimum standard of English if they do one of the following [BF2]:

1. Provide acceptable English language test results — results must be from a test set out at BF2.20, no more than 2 years old at the time the application is lodged, and obtained by sitting the test in person at a test centre. Remote or "at home" tests are not acceptable [BF2].
2. Provide evidence of an English-speaking background — the evidence must be accepted by a business immigration specialist as meeting the minimum standard. The types of evidence that can demonstrate an English‑speaking background are set out at BF2.1 [BF2].
3. Provide other evidence that satisfies a business immigration specialist, taking into account that evidence and all the circumstances of the application, that the applicant meets the minimum standard. The types of circumstances that may be considered are set out at BF2.5 [BF2].

A business immigration specialist may still require an applicant who relies on options 2 or 3 to provide an English language test result under option 1. If a test is required, the test result will be used to determine whether the applicant meets the minimum standard [BF2].

The tests recognised by Immigration New Zealand (set out at BF2.20) assess ability in English across listening, reading, writing and speaking [BF2].

Acceptable English language test results [BF2.20]

Test	Minimum score required
International English Language Testing System (IELTS) - General or Academic Module	Overall score of 4.0 or more
Test of English as a Foreign Language Internet-based Test (TOEFL iBT)	Overall score of 31 or more
Pearson Test of English Academic (PTE Academic)	Overall score of 29 or more
B2 First (First Certificate in English) (formerly Cambridge English: First (FCE)) or B2 First for Schools (First Certificate in English) (formerly Cambridge English: First (FCE) for Schools)	Overall score of 142 or more
Occupational English Test (OET)	Grade D or higher in all four skills (Listening, Reading, Writing and Speaking)*

* A score of Grade D or higher in all four skills is required for the OET as there is no overall grade for this test.

BF2.1 Evidence of an English-speaking background

Evidence of an English-speaking background is documentation showing [BF2.1]:

1. completion of all primary education and at least 3 years of secondary education (that is, the equivalent of New Zealand Forms 3 to 5 or years 9 to 11) at schools using English as the language of instruction;
2. completion of at least 5 years of secondary education (that is, the equivalent of New Zealand Forms 3 to 7 or years 9 to 13) at schools using English as the language of instruction;
3. completion of a course of at least 3 years' duration leading to the award of a tertiary qualification at institutions using English as the language of instruction;
4. that the applicant holds General Certificate of Education (GCE) 'A' Levels from Britain or Singapore with a minimum C pass (the passes must specifically include the subjects English Language or Literature, or Use of English);
5. that the applicant holds an International Baccalaureate – full Diploma in English Medium;
6. that the applicant holds a Cambridge Certificate of Proficiency in English – minimum C pass;
7. that the applicant holds Hong Kong Advanced Level Examinations (HKALE) including a minimum C pass in Use of English;
8. that the applicant holds STPM 920 (Malaysia) – A or B pass in English Literature;
9. that the applicant holds University of Cambridge in collaboration with University of Malaya, General Certificate of English (GCE) "A" levels with a minimum C pass. The passes must specifically include the subjects English or General Paper;
10. that the applicant holds a South African Matriculation Certificate, including a minimum D pass in English (Higher Grade);
11. that the applicant holds a South African Senior Certificate, including a minimum D pass in English (Higher Grade), endorsed with the words "matriculation exempt";
12. that the applicant holds a New Zealand Tertiary Entrance Qualification gained on completion of the seventh form.

BF2.5 Circumstances that may indicate a person meets the minimum standard

When an applicant relies on the "other evidence" pathway, a business immigration specialist may consider, among other things, the following non-exhaustive list of circumstances [BF2.5]:

• the country in which the applicant currently resides;
• the country(ies) in which the applicant has previously resided;
• the duration of residence in each country;
• whether the applicant speaks any language other than English;
• whether members of the applicant's family speak English;
• whether members of the applicant's family speak any language other than English;
• the nature of the applicant's current or previous employment (if any) and whether it required or was likely to have required skill in English language;
• the nature of the applicant's qualifications (if any) and whether the obtaining of those qualifications was likely to have required skill in English language.

BF2.10 Employment in New Zealand as evidence of English-speaking background

Under BF2.10, an applicant is also considered to have an English-speaking background if:

• they have been lawfully employed full-time in an occupation in New Zealand for a minimum of 12 months; and
• English was the language of employment. [BF2.10]

Self-employment does not count as employment for this purpose. [BF2.10]

Evidence of full-time employment in New Zealand for a minimum of 12 months is set out in BF2.15 and consists of:

1. references from employers on company letterhead, which state the occupation and dates of employment and the contact phone number and an address of the employer; or
2. an employment contract with confirmation from the employer that the applicant is still employed.

Evidence that English was the language of employment is a written statement from the employer that English was the primary language of employment. [BF2.15]

BF3 Pre-purchase of ESOL tuition for non-principal applicants

Non-principal applicants (partners and dependent children aged 16 and over) can pre-purchase English for speakers of other languages (ESOL) tuition instead of meeting the minimum standard of English. To do this, they must pre-purchase ESOL tuition from the Tertiary Education Commission (TEC) by paying the required charge to INZ, which collects this charge on behalf of the TEC [BF3].

Before a resident visa is granted, applicants must pay any ESOL tuition charge due [BF3].

Once the charge is paid, the TEC arranges the tuition as follows [BF3.1]:

• The applicant is entitled to tuition to the value of the ESOL entitlement component of the ESOL tuition charge, excluding INZ and TEC administration costs. [BF3.1]
• The TEC advises the applicant of a list of suitable ESOL tuition providers in New Zealand, from which the applicant may nominate one of their own choice. [BF3.1]
• The TEC manages the contract between the ESOL tuition provider and the applicant. [BF3.1]
• The applicant must advise the TEC of their New Zealand address. [BF3.1]

BF3.10 Completion of agreement

When a resident visa application is approved in principle, INZ gives each person undertaking the English language training two copies of an agreement to sign. The applicant keeps one copy and returns the other to the INZ processing office together with the tuition fees. The signed copy must be returned within the time specified by INZ; failure to do so will result in the resident visa application being declined. Once INZ receives the signed agreement, the INZ copy is to be sent to the TEC. [BF3.10]

BF3.15 Amount of ESOL tuition to be pre-purchased

The amount of ESOL tuition to be pre-purchased is determined by the non-principal applicant's English language test results according to the following table. The charge includes the applicant's ESOL tuition entitlement, plus INZ and TEC administration costs [BF3.15].

Test score band	Charge to be paid	ESOL entitlement
IELTS 4.5 – 4.9, TOEFL iBT 32–34, PTE Academic 30–35, B2 First 147–153, OET Grade C in all four skills	NZ$1,735	NZ$1,531.82
IELTS 4.0 – 4.4, TOEFL iBT 31, PTE Academic 29, B2 First 142–146, OET Grade D in all four skills	NZ$3,420	NZ$3,063.64
IELTS 3.5 – 3.9	NZ$5,110	NZ$4,600.00
IELTS less than 3.5, TOEFL iBT less than 31, PTE Academic less than 29, B2 First less than 142, OET failed to achieve at least Grade D in all four skills	NZ$6,795	NZ$6,131.82

* OET requires a score in all four skills; there is no overall grade.

No pre-purchase required if English requirements met: No ESOL tuition pre-purchase is needed if the non-principal applicant meets the English language requirements for the business immigration category under which they are applying [BF3.15].

If no test result is submitted: If an applicant has not provided an English language test result when requested, the maximum charge of NZ$6,795 applies [BF3.15].

BF3.20 Failure to pre-purchase ESOL tuition

If the ESOL tuition charge due is not paid to INZ within the specified time, the resident visa application must be declined [BF3.20]. This is a mandatory decline ground separate from the requirement to return the signed agreement under BF3.10.

BF3.25 Limited period to use ESOL tuition

If ESOL tuition is purchased the applicant must complete the tuition within 5 years from the date of payment. [BF3.25] ESOL tuition will not be available without further payment, nor will refunds be given, to applicants who do not take up ESOL tuition within the time limits specified. [BF3.25]

BF3.27 Extension of period to complete ESOL tuition

Applicants who pre-purchased ESOL tuition:

• in New Zealand on or after 31 March 2005 and prior to 31 March 2008; or
• outside New Zealand on or after 31 September 2004 and prior to 31 March 2008

will have up to 5 years from the date of payment to complete the tuition. [BF3.27]

BF3.30 Refunds of ESOL tuition money

If ESOL tuition money has been paid but the principal applicant, partner, and dependent children do not take up residence, a refund may be granted upon written request to INZ. [BF3.30]

Requests made more than 6 months after the expiry date of any unused resident visa must be declined. [BF3.30]

Business immigration specialists considering refund requests must be satisfied that the principal applicant, partner, and dependent children included in the application have not been granted entry permission to New Zealand as holders of resident visas. [BF3.30]

The person who paid the fee will be refunded only the ESOL entitlement; INZ and TEC administration costs are not refunded. [BF3.30]

Application in decisions

When an immigration officer assesses an application under any of the three covered categories, they must verify that the principal applicant has met the minimum standard of English as specified in BF2. If the principal applicant has not met that standard, the application must be declined. There is no discretion to waive this requirement; the instruction uses mandatory language ("must be declined") [BF1].

For the Entrepreneur Work Visa, the English language requirement is listed as one of the mandatory requirements for grant under BB3.1. See the Entrepreneur Work Visa page for full eligibility criteria [BF1].

For the Employees of Relocating Businesses category, the principal applicant must meet the specific English language requirements set out in BE5.1. See the Business Immigration Instructions page for full details [BF1].

Interpretation & edge cases

• Scope: BF1 applies only to principal applicants in the three specified categories. It does not apply to partners or dependent children [BF1].
• Partners and dependent children (BF1.1 and BF3): For applications under the Entrepreneur Residence Visa and Employees of Relocating Businesses categories, partners and dependent children aged 16 years and over must either show they meet the minimum standard of English (as defined by BF2) or pre-purchase ESOL training as set out in BF3. The ESOL pre-purchase must be paid before the resident visa is granted. This requirement is in addition to the principal applicant's own English language requirement under BF1 [BF1.1][BF3].
• Relationship with BF2: BF1 establishes the requirement to meet a minimum standard; BF2 defines what that minimum standard is. The two sections must be read together when assessing English language compliance [BF1].
• Mandatory decline: The instruction leaves no room for an immigration officer to approve an application where the principal applicant has not met the minimum standard of English, even if all other criteria are satisfied. This is a strict, non-discretionary ground for decline [BF1].
• Transitional considerations: As with all Business Immigration Instructions, advisers must confirm which version of the instructions applies to the application based on the lodgement date. BF1 is part of the previous Business Immigration Instructions framework and applies to applications lodged before the replacement date of the current business instructions [BF1].
• BF2 flexibility and override: BF2 applies to all business immigration categories unless a specific instruction says otherwise. The three pathways for meeting the minimum standard give a business immigration specialist some discretion, but that discretion is tempered by the power to demand a test under option 1 as a backstop [BF2].
• ESOL agreement time limit: Under BF3.10, the signed ESOL tuition agreement must be returned to INZ within the specified timeframe. If the agreement is late or missing, the resident visa application must be declined — this is a second mandatory decline ground linked to the ESOL pre-purchase process, distinct from the principal applicant's English language threshold [BF3.10].
• Failure to pay ESOL charge: If the ESOL tuition charge is not paid to INZ within the time specified, the resident visa application must be declined under BF3.20. This decline ground operates independently of the agreement return requirement and applies even if the signed agreement has been provided [BF3.20].
• Maximum charge if no test result: Under BF3.15, if a non-principal applicant has not submitted an English language test result when requested, the maximum ESOL tuition charge of NZ$6,795 applies. This default ensures that applications are not delayed by missing test evidence, but imposes the highest financial pre-purchase obligation. [BF3.15]
• 5-year limit for ESOL tuition: Under BF3.25, non-principal applicants who pre-purchased ESOL tuition must complete the tuition within 5 years of payment. Tuition not taken up within this period is forfeited; no refund or extension is available without a further payment. This time limit applies regardless of the applicant's circumstances once the payment is made. [BF3.25]
• Refund of ESOL tuition: If ESOL tuition money was pre-purchased but the applicants do not take up residence, a refund of the ESOL entitlement component may be obtained upon written request within 6 months of the expiry of the unused resident visa. No administration costs are refunded, and the refund is not available once any applicant has been granted entry permission as a resident visa holder. [BF3.30]

Citations

• BF1 — Principal applicants
• BF1.1 — Partners and dependent children
• BF2 — Minimum standards of English
• BF2.1 — Evidence of an English-speaking background
• BF2.5 — Circumstances that may indicate a person otherwise meets the minimum standard of English
• BF2.10 — Employment in New Zealand
• BF2.15 — Evidence of employment in New Zealand
• BF2.20 — Acceptable English language test results
• BF3 — Pre-purchase of ESOL tuition
• BF3.1 — TEC to arrange ESOL tuition
• BF3.10 — Completion of agreement
• BF3.15 — The amount of ESOL tuition to be pre-purchased by non-principal applicants
• BF3.20 — Failure to pre-purchase ESOL tuition
• BF3.25 — Limited period to use ESOL tuition
• BF3.27 — Extension of period to complete ESOL tuition
• BF3.30 — Refunds of ESOL tuition money