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New Zealand residence under the Entrepreneur policy

The Entrepreneur policy was created by the New Zealand government with the goal of providing a pathway to residence for migrants who demonstrate they have been actively participating in business and contributing to the country’s economic development. The policy is divided in two categories:

Entrepreneur Category
Entrepreneur Plus Category [effective since 30 November, 2009]

The Entrepreneur Category

The Entrepreneur Category aims to attract migrants who have been actively participating in business and contributing to New Zealand’s economic development. It is a natural follow on from the Long Term Business Visa (LTBV), and those approved under the Entrepreneur Category are granted New Zealand residence.

You will need to show that you have established a new business in New Zealand or purchased a substantial investment in an existing business. You must own at least 25% of the shareholding of the business, and you will need to prove that your business benefits New Zealand and complies with employment and immigration law.

Evidence that you have established a business in New Zealand and are self-employed can include:

Certificate of incorporation and constitution or other documents to show the existence of the business, and your ownership
Financial statements for the business
GST returns
Other tax records (e.g. your personal tax returns)
Documents showing property lease or purchase by the business
Business purchase agreement
Invoices for business equipment and supplies
Other documents such as employment agreements, bank statements, ACC invoices, invoices from phone and power companies
Photos of the business and you operating it
Other documents of particular relevance to your business

Whichever documents you choose to provide, they should cover a period of at least two years.

You will also be required to show evidence that your business is benefiting New Zealand. This can translate into:

Employment records such as IRD PAYE monthly schedules
Financial statements from the business
Export/import documents
Tax records
Other documents that show a benefit to New Zealand

You must also submit proof that your business meets New Zealand employment and immigration laws, such as documents proving that you are:

Paying employees no less than the correct adult or youth minimum wages, or the industry standard
Meeting holiday and special leave requirements and looking after the health and safety of your employees
Only employing people who are legally able to undertake work in New Zealand

How do I apply?

In order to apply, you will need to submit originals or certified copies of the following documents:

Completed and signed application form
Evidence that you have established your business in New Zealand, that the business is benefiting the country, and that you are meeting New Zealand employment and immigration laws
Evidence of your English language ability
Partnership documents, if applicable:
- Marriage certificate
- Appropriate evidence to show that your partnership is genuine and stable (e.g. evidence of joint bank accounts, joint property, utilities invoices in joint names, and/or correspondence addressed to the same address for yourself and your partner)

Full birth certificates for each application showing parentage (if you didn’t provide these with your previous long term business visa application)
Police certificates
Photocopies of the identity pages of your passports
Completed Medical and X-ray Certificate Forms (NZIS 1007)

The Entrepreneur Plus Category

The Entrepreneur Plus Category provides a faster track to residence for applicants who:

Hold a long-term business permit
Have successfully established a business in New Zealand
Have been ‘self-employed’ in that business
Have invested at least NZ$500,000 in the business, and
Have created a minimum of three new full-time jobs for New Zealand citizens or residents

As with the Entrepreneur Category, you will need to show that your business complies with New Zealand employment and immigration laws. Some requirements are different if you:

Have been on a long-term business permit approved (or approved by principal) before 20 November 2002, or
Have renewed your long-term business permit that was originally approved (or approved in principal) before that date.

Am I eligible?

To apply under this category, you must hold a long-term business permit valid in New Zealand.

You will also be required to prove that:

The business that you have established and operated is different from the one included in your long-term business visa or permit application (or one modified with the written consent of the Business Migration Branch), unless
The business that you have established would have met the requirements for a business plan under the Long Term Business Visa/Permit Category policy, and
The business that you have established required at least the same level of capital investment as your original proposal, and
You have relevant experience for the new business.

You will also need to ensure that your business complies with New Zealand employment and immigration law, and that you or any of your family members must not have applied for or been granted social welfare benefits in New Zealand.

In addition to this, you will also need to make a substantial investment that translates into the purchase of 25% or more of the shareholding of a business and you will be required to show evidence demonstrating the direct transfer of at least NZ$500,000 (your investment capital), if you haven’t done it already as part of your long-term business visa or permit application.

You will also be asked to meet the English language requirements. For that, you must:

Have an English-speaking background, or
Be a competent user of English, or
Have an International English Language Testing System (IELTS) certificate (no more than two years old at the time you lodge your application for residence), which shows you gained at least an overall band score of 4 or more in the IELTS General or Academic Module.

How to apply