Business Immigration Instructions (BA)

At a glance

The BA Business Immigration Instructions form a chapter of the Immigration Operational Manual that contains previous immigration instructions for business‑related visa categories. These instructions apply to applications lodged before the replacement date of the current business instructions, and they encompass objectives, category definitions, a streamlining pathway (priority processing and specialist determination under BA3), and an evaluation participation requirement for all business immigration categories [BA] [BA3] [BA2.10].

Definition

BA is the overarching heading for business immigration instructions that predate the newer Entrepreneur Work Visa and Global Impact Visa frameworks. It is divided into three parts:

• BA1 Objective — The objective of the Business Immigration Instructions is to contribute to economic growth through: (1) increasing New Zealand's level of human capital; (2) encouraging enterprise and innovation; and (3) fostering external links [BA1].
• BA2 Categories — specifies that the Business Immigration Instructions consist of residence class and temporary entry class categories [BA2].
  • BA2.1 lists the residence class categories as: Active Investor Plus, Business Investor Residence, Entrepreneur Residence, Employees of Relocating Businesses, and Global Impact permanent resident visa [BA2.1]. The objective of the Employees of Relocating Businesses category is to assist in promoting New Zealand as a place to invest and locate business, and to facilitate the granting of residence to employees of businesses relocating to New Zealand who do not qualify under any existing categories [BE1]. BE2 notes that general considerations normally apply and that applications are decided on a case-by-case basis [BE2]. To be eligible under this category, the principal applicant must demonstrate that they are an employee of a relocating business and are a key employee, and that the relocation of the business is supported by New Zealand Trade and Enterprise [BE2.1]. An INZ business immigration specialist will consult with New Zealand Trade and Enterprise to determine its support [BE2.1]. Additionally, a business immigration specialist must be satisfied that the principal applicant is not eligible for approval under any other category of residence instructions [BE2.5]. Moreover, the relocating business must meet the compliance requirements of BE2.10, which mandate adherence to New Zealand employment and immigration law [BE2.10]. The principal applicant must also meet the English language requirements set out in BE5.1 [BE2.15]. Any partner or dependent children aged 16 years and over included in the application must meet a minimum standard of English or pre-purchase ESOL tuition as provided in BF1.1 [BE2.15][BF1.1]. Applicants are also required to pay the appropriate visa fee and immigration levy when applying [BE2.20]. The principal applicant must also provide evidence concerning the relocating business as specified in BE3.1, including a statement from the CEO of the relocating business and evidence of the business operation, and the business immigration specialist will consult with New Zealand Trade and Enterprise to determine support for the relocation [BE3.1]. A business will be considered to benefit New Zealand if it promotes economic growth (e.g., introducing technology/management/technical skills, new products/services, export markets, or creating employment) and is trading profitably or has the potential to trade profitably within 12 months after relocating [BE3.1].
  • BA2.5 lists the temporary entry class categories: Entrepreneur work visa (see BB), Business Investor work visa (see BD), and Global Impact work visa (see BG2) [BA2.5]. Persons granted a work visa under any of these categories have the opportunity to apply for residence, but the residence category requirements that apply at the time of the residence application may differ from those that applied when the work visa was granted [BA2.5].
  • BA2.10 Evaluation requirement — Applicants under all business immigration categories must agree to participate in an evaluation of the category under which they were approved for a period of up to 5 years after approval [BA2.10].
• BA3 Streamlining — gives priority processing to applications under business immigration instructions and requires determination by business immigration specialists [BA3]. However, Investor Category applications may be determined by other immigration officers if directed by the Chief Operating Officer Immigration or an Operations Director [BA3]. INZ Heads of Operations and Visa Operations Managers provide liaison services to the business immigration specialists to facilitate processing [BA3].

These instructions remain in force for transitional cases, and their interpretation must be consistent with the broader Immigration Instructions, including fairness and natural justice principles.

Application in decisions

When an immigration officer assesses a business immigration application lodged under the previous instructions, they must follow the BA chapter. This includes identifying the applicant's stream under BA2, applying the BA3 streamlining provisions (priority processing and specialist determination) [BA3], and verifying that the applicant has agreed to the evaluation requirement under BA2.10 [BA2.10].

Under BE4, the business immigration specialist must be satisfied that documents provided as evidence are genuine and accurate, and may take any steps they determine necessary to verify such documents and the information they contain [BE4]. In considering the application, the business immigration specialist should liaise with the appropriate office of New Zealand Trade and Enterprise and may also consult the appropriate INZ branch/es [BE4]. The specialist must also check that claims of non-eligibility under other categories of residence instructions are plausible, and that the other criteria set out in instructions are met [BE4].

For Employees of Relocating Businesses, officers must also confirm that the business complies with employment and immigration law as required by BE2.10, including ensuring that employees are paid at least the minimum wage, meet holiday and special leave requirements, and hold authority to work under the Immigration Act 2009 [BE2.10]. The officer must verify that the principal applicant has provided the evidence required under BE3.1—namely the CEO statement and documents demonstrating the business operation and benefit to New Zealand—and that the business immigration specialist has consulted with New Zealand Trade and Enterprise [BE3.1]. Additionally, the immigration officer must verify that the principal applicant meets English language requirements, and that any included partner or dependent aged 16+ either meets the minimum English standard or has pre-purchased ESOL tuition [BE2.15][BF1.1].

BE5 Approval in principle and conditions

Once a business immigration specialist is satisfied that the principal applicant meets the criteria for the Employees of Relocating Businesses category, INZ will advise that the application has been approved in principle [BE5]. Resident visas may then be granted after the following requirements are met:

1. the principal applicant provides acceptable evidence that the business has relocated to New Zealand [BE5];
2. the principal applicant provides the New Zealand address at which the business operates [BE5]; and
3. the principal applicant submits evidence that they and any partner or dependent children aged 16 or over meet the English language requirements (see BE5.1 and BF1.1) [BE5][BF1].

Resident visas granted under this category will be subject to conditions under section 49(1) of the Immigration Act 2009 [BE5]. These conditions include a travel condition requiring the principal applicant and any accompanying family members granted resident visas to make their first entry to New Zealand within 12 months of the grant of the visa [BE6]. Additionally, the resident visas are subject to the following conditions under BE6.1:

• the visa holder must be employed in the relocated business for the 24 months following the relocation;
• if the visa holder is in a position to ensure that the relocating business complies with all relevant employment and immigration law in New Zealand, the business must have done so;
• the visa holder must inform INZ of any change of New Zealand address during the 24-month employment period; and
• within 3 months after the expiry of the 24-month employment period, the visa holder must submit suitable evidence that the first two conditions have been met [BE6.1].

If a principal applicant is granted a resident visa subject to conditions, the resident visa of any accompanying partner and dependent children must be subject to the same conditions [BE6.1].

When conditions are imposed, the principal applicant receives a letter stating the conditions, the consequence of non-compliance (liability for deportation under section 159 of the Immigration Act 2009), and that the conditions will apply for the 24-month period following the visa holder's first entry to New Zealand as a resident [BE6.1]. Three months before the expiry of the 24-month employment period, INZ will write to the principal applicant requesting that evidence of conditions being met be provided within 3 months after the expiry [BE6.1].

If the principal applicant fails to present acceptable evidence that the business has relocated to New Zealand within 24 months from the date of approval in principle, the application for a resident visa must be declined [BE5.5].

After approval in principle, the principal applicant may also be granted a temporary work visa under instruction BE5.10 to arrange the business relocation to New Zealand. This visa is valid for 24 months and allows multiple journeys. Partner and dependants may be granted visitor or student visas for the same period. See the Business Relocation Work Visa for full details [BE5.10].

BE6.5 Cancellation of conditions when conditions are met

When a visa holder under the Employees of Relocating Businesses resident visa has met the conditions imposed under BE6.1, they may apply for the conditions to be cancelled. To allow cancellation, the visa holder must provide satisfactory evidence that:

• they have taken up residence in New Zealand; and
• they have been an employee in New Zealand of the relocated business for 24 months [BE6.5].

If the visa holder has been in a position to ensure that the relocating business complied with all relevant employment and immigration law in New Zealand, the business immigration specialist may also request evidence of the business's compliance with these requirements [BE6.5].

BE7.1 Compliance with conditions

When the applicant has satisfied the business immigration specialist that the conditions of the two-year employment investment period have been met in full, the business immigration specialist will cancel the conditions on the visa [BE7.1].

Global Impact work visa grant requirements

Under BG2.1, an application for a Global Impact work visa may be approved if: [BG2.1]

• the principal applicant has been selected by the provider; and
• the provider agrees to support the applicant for the duration of the visa; and
• a business immigration specialist is satisfied the applicant:
  • meets English language requirements (see below); and
  • has sufficient maintenance funds; and
  • meets health and character requirements for Residence (A4, A5); and
  • is a fit and proper person (BM1); and
  • if an investor, intends to use investment funds acquired lawfully; and
• a business immigration specialist is satisfied the applicant or their proposed activities do not constitute an unacceptable risk to the integrity of New Zealand’s immigration or employment laws or policies.

English language requirements (BG2.1.5): Applicants must meet the same minimum standard of English as principal applicants under the Skilled Migrant Category (SM4.5) [BG2.1]. Evidence may be provided by:

• acceptable English language test results (no more than 2 years old at lodgement);
• other evidence of English language ability as set out in SM4.5; or
• confirmation from the provider that the applicant meets the standard.

Maintenance funds (BG2.1.10): Applicants must have access to NZ$36,000 for their first year in New Zealand [BG2.1]. Acceptable evidence includes bank statements, an ongoing income source, a job offer with salary of at least $36,000, or a scholarship of $36,000 or more.

Investment funds (BG2.1.15): Applicants selected on the basis of an investor profile must provide evidence that investment funds and assets were earned or acquired lawfully [BG2.1]. Gifted funds must be shown to have been earned lawfully by the donor. The immigration specialist may decline if satisfied the funds would have been earned or acquired contrary to New Zealand criminal law.

Change of circumstances: If an applicant’s circumstances change significantly between selection by the provider and visa assessment, INZ may verify that the provider still supports the application [BG2.1].

Team ventures (BG2.10): Applicants selected on the basis of being part of a founding or start-up team must lodge separate work visa applications. Each approved visa counts toward the 400-place limit under the Global Impact pilot [BG2.10]. If one or more team members become unable to participate, the business immigration specialist will contact the provider to verify that they continue to support the remaining team members before the applications can proceed [BG2.10].

Interpretation & edge cases

• Transitional vs current: The BA instructions are only operative for applications lodged before the effective date of the current business immigration instructions. Advisers must check the application date to determine which set of instructions applies.

• Objective-based interpretation: The BA1 objective provides context for the exercise of discretion, even where specific rules are silent.

• BA3 Streamlining applies to all business immigration applications: All applications under business immigration instructions receive priority processing and must be determined by business immigration specialists [BA3]. The exception is Investor Category applications, which may be determined by other immigration officers when directed by the Chief Operating Officer Immigration or an Operations Director [BA3]. INZ Heads of Operations and Visa Operations Managers provide liaison services to facilitate processing [BA3].

• Temporary class categories: BA2.5 covers Entrepreneur work visa, Business Investor work visa, and Global Impact work visa. Applicants who obtain a work visa under these temporary categories should be aware that future residence requirements may change [BA2.5].

• Evaluation participation: All business immigration applicants must agree to take part in an evaluation for up to five years post-approval. The requirement is mandatory, and the instruction does not detail consequences of non-compliance [BA2.10].

• Compliance obligation for relocated businesses: Under BE2.10, a relocated business is considered not compliant if it fails to meet the requirements set out at R5.110 or if it appears on the list of non-compliant employers maintained by the Labour Inspectorate (see Appendix 10). Immigration officers must treat such a business as non-compliant, which may affect the eligibility of the Employees of Relocating Businesses application [BE2.10].

• English language requirements for partners and dependants: The requirement to meet a minimum English standard can also be satisfied by pre‑purchase of ESOL tuition. Officers must ensure arrangements are in place before approval [BE2.15][BF1.1].

• English language requirements for principal applicant (Employees of Relocating Businesses): The principal applicant must meet the minimum standard of English through one of three methods [BE5.1]:

  1. Providing acceptable English language test results (no more than 2 years old at lodgement) obtained by sitting the test in person at a test centre — remote tests including 'at home' tests are not acceptable [BE5.1].
  2. Providing evidence of an English-speaking background accepted by a business immigration specialist [BE5.1].
  3. Providing other evidence that satisfies a business immigration specialist, taking into account all circumstances, that the applicant meets the minimum standard of English [BE5.1].

  The acceptable English language test results (with minimum scores) are:

  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	Overall score of 142 or more
  Occupational English Test (OET)	Grade D or higher in all four skills (Listening, Reading, Writing and Speaking)

  A business immigration specialist may require an applicant to provide an English language test result even if the applicant has already provided other evidence. Before making such a request, full consideration must be given to all evidence of English language ability provided, and the reasons for the request must be documented and conveyed to the applicant [BE5.1].

• ESOL tuition pre-purchase agreement (BF3.5): Each applicant who pre-purchases ESOL tuition must sign an agreement with TEC by which they agree that they understand the rules for taking up ESOL tuition in New Zealand and the refund provisions. The content of the agreement is determined by INZ and the TEC, and a schedule is included setting out the personal details of the applicant and the amount of tuition to be purchased. [BF3.5]

• Evidence for relocating businesses: The principal applicant must supply a CEO statement explaining why the business is relocating and how it will benefit New Zealand, and must provide evidence of the business operation. The business immigration specialist will consult with NZTE, and the business must satisfy the benefit‑to‑New‑Zealand criteria (economic growth promotion and current or potential profitability) [BE3.1].

• Employee role evidence (BE3.5): The principal applicant must provide a statement from the CEO describing the employee's current role, the intended role in the relocated business, and why the employee is reasonably considered to be a key staff member. They must also submit evidence of their role, which may include employment references on company letterhead stating occupation and dates of employment with contact details, letters of appointment, certificates of service, pay slips, job specifications, tax records, job assessments, or any other documents the business immigration specialist considers necessary [BE3.5].

• Failure to relocate within 24 months: Under BE5.5, a resident visa application must be declined if the principal applicant does not present acceptable evidence that the business has relocated to New Zealand within 24 months of the date of approval in principle. The instruction does not provide for extensions; therefore, timely relocation and evidence submission are essential. [BE5.5]

• Interplay with other parts of the manual: BA must be read alongside generic immigration instructions (e.g., character, health, partnership) as these continue to apply.

• Global Impact Visa programme objective: The Global Impact Visa programme aims to attract talented innovative entrepreneurs, investors and start-up teams who have the drive and capabilities to create and support innovation-based ventures in New Zealand [BG1].

• Global Impact Visa pilot operation: The Global Impact Visa pilot is a partnership between Immigration New Zealand and a private sector partner (the Edmund Hillary Fellowship) [BG1.5]. It operated between 2017 and 2022, during which up to 400 Global Impact work visas may be granted [BG1.5]. The programme operates as follows: the provider identifies and selects candidates meeting the programme objective; selected candidates may apply for a Global Impact work visa with the provider's support; INZ assesses applicants and, if all criteria are met, grants a 36-month work visa; the provider supports participants in innovation-based ventures during the visa; after 30 months, participants may apply for a Global Impact permanent resident visa with provider support [BG1.5]. The Global Impact work visa is a work-to-residence visa and the Global Impact permanent resident visa is a residence-from-work visa [BG1.5]. The provider also manages the programme by attracting candidates, identifying the best, and integrating selected participants into business, innovation and entrepreneurship ecosystems throughout New Zealand [BG1.5]. Selection by the provider does not guarantee a visa; INZ remains responsible for processing and decision-making [BG1.5]. The pilot was originally intended to operate until 2021 but was extended due to the impacts of COVID-19 and related border restrictions [BG1.5].

Citations

• BA — Business Immigration Instructions
• BA1 — Objective
• BA2 — Categories
• BA2.1 — Residence class categories
• BA2.5 — Temporary class category
• BA2.10 — Requirement for business immigration category applicants to participate in an evaluation process
• BA3 — Streamlining
• BE1 — Objective
• BE2 — Summary of requirements
• BE2.1 — Employee of a relocating business
• BE2.5 — Ineligibility for approval under any other category
• BE2.10 — Compliance with employment and immigration law
• BE2.15 — English language requirements
• BE2.20 — Payment of fee and immigration levy
• BE3.1 — Evidence concerning the relocating business
• BE3.5 — Evidence concerning the employee's role in the relocating business
• BE4 — Process
• BE5 — General rules for approval in principle and relocation of business
• BE5.1 — English language requirements
• BE5.5 — Failure of a business to relocate to New Zealand
• BE5.10 — Temporary visa to arrange business relocation
• BE6 — Resident visas
• BE6.1 — Resident visas subject to conditions
• BE6.5 — Cancellation of conditions when conditions are met
• BE7.1 — Compliance with conditions
• BF1 — Principal applicants
• BF1.1 — Partners and dependent children
• BF3.5 — Applicant's agreement with TEC
• BG1 — Objective and overview
• BG1.5 — Overview
• BG2.1 — Summary of requirements for the grant of a Global Impact work visa
• BG2.10 — Global Impact work visa applications based on team ventures