Dear Wei,
First of all, I wanted to say a big thank you to you all for the delicious pancakes! The children and I had them with our lentils casserole for dinner. We felt very grateful for the time you spent on it for us 😊
Now, back to business.
Thank you for consulting me about your situation. I understand that you are currently on a visitor visa, have an established company in New Zealand, and are exploring lawful pathways to work and eventually seek residence. This email outlines the pathways available to you, the associated requirements, and key steps forward. The advice provided is based on New Zealand immigration law and policy as of May 2025, and complies with the Immigration Advisers Authority Code of Conduct.
1. Specific Purpose Work Visa (SPWV) – Secondment Options
This option allows you to work temporarily in New Zealand to fulfil a specific business purpose. There are two sub-categories that may be relevant:
- Short-Term Senior/Specialist Secondment: For executives or specialists seconded from an overseas company to its NZ subsidiary.
- Intra-Corporate Transferee: For business people transferring from an overseas parent company to take up a senior or specialist position in a New Zealand subsidiary.
Eligibility and Evidence Requirements:
- Proof of at least 12 months of senior or specialist employment in the overseas entity.
- A letter of secondment detailing your role, responsibilities, and time frame.
- Job offer from the New Zealand company.
- INZ 1113 Employer Supplementary Form (for short-term secondment only).
- Proof of sufficient maintenance funds.
Duration:
- Short-term secondment: up to 12 months (extendable to 24).
- Intra-corporate transferee: up to 36 months (extendable to 72).
Advantages:
- Generally quicker to obtain than an AEWV.
- Lower scrutiny of company profitability, however compliance with all corporate laws is verified.
Disadvantages:
- Once the maximum time is reached, you must transition to another visa type.
- A compliant business structure (minority ownership, NZ-based director).
Family Visas: There is no explicit income threshold to support family members, but you must show sufficient funds and maintenance arrangements (a full time employment agreement generally suffices).
2. Accredited Employer Work Visa (AEWV)
This route allows you to work in NZ as a sponsored employee of your business. It is more involved and triggers financial scrutiny under the accreditation process. It is not the preferred first step at this stage, but may become viable later.
Steps:
- Accreditation: Your company must apply to become an accredited employer. This includes demonstrating financial viability and legal compliance.
- Job Check: You must advertise the role (unless exempt) and prove it cannot be filled by a NZ citizen or resident.
- AEWV Application: Submit your application including job offer, job check approval, and personal documents.
Important Compliance Notes:
- You should not be a director or a majority shareholder or otherwise a key person (i.e. a person with decisional power on the company’s management or strategy). INZ may view this as a self-employment/investment scenario.
- You must appear as a genuine employee under PAYE with no decisive influence over the company.
- Family members listed as key persons or shareholders may affect eligibility.
Duration and Conditions:
- Valid up to 5 years.
- Renewable, but compliance and sustainability must be demonstrated.
Family Visas:
- You must earn at least $55,844/year to support dependent children under this category.
Caution: Due to the level of scrutiny, AEWV is only recommended once you can show:
- At least 6 months of trading history.
- Positive financial statements.
- A compliant business structure (minority ownership, NZ-based director).
3. Skilled Migrant Category (SMC) Residence
This is your likely long-term objective. You must accumulate at least 6 points through a combination of skilled employment, qualifications, and New Zealand work experience.
Points Indicators:
- Master’s degree (if assessed as Level 9) = 5 points.
- 1 year of NZ skilled work experience (does not have to be with an accredited employer)= 1 point. (e.g., combined with your degree to reach 6).
- 2 years of NZ skilled work experience = 2 points
Other requirements:
- Job offer must be with an accredited employer.
- Age under 56.
- Meet English language, health, and character requirements.
Important:
- SMC requires a current job offer from an accredited employer at the time of application.
- You can start building work experience under a SPWV, then transition to an AEWV if necessary (unlikely needed if you can secure a SPWV as you may only need 1 or 2 years of work experience), or the company can seek accreditation only later to meet SMC requirements.
4. Legal Compliance as a Visitor
While on a visitor visa, you must NOT:
- Work in New Zealand.
- Manage or operate your business from NZ.
You MAY:
- Attend meetings or business consultations.
- Make online arrangements (if managed from offshore).
Breach of visa conditions may result in visa cancellation or future application refusals. You must remain strictly compliant.
5. Company Setup and Compliance
- NZ-Resident Director: Required under the Companies Act 1993. Must be a NZ resident or an Australian resident director of an Australian company. You cannot currently fulfil this role on a visitor visa.
- Ownership: There is no legal restriction on foreign ownership, but for immigration compliance, you must NOT appear as an investor. You should:
- Own less than 25% of the business.
- Avoid being a key person or decision-maker.
- Ensure no family members hold key roles if you are applying for a visa, unless you can demonstrate that their decision making is independent from you.
- Other Requirements:
- Company must meet tax and reporting obligations.
- Must be financially sustainable and genuinely operating.
- Prepare to show 6 months of positive cash flow or 2 years of profit if applying for accreditation.
You may consider closing your current company and re-establishing one with:
- A compliant structure.
- Different directors.
- Independent shareholders (ideally not family or at least family members who feel they can make business decisions independently from you).
Summary of Recommendations
- Short-Term: Wait for INZ’s outcome regarding the PPI. If your visa is cancelled, options may become limited.
- If Visa Remains Valid: Consider closing the current company and forming a compliant new one. Pursue SPWV once 12 months of senior experience in an overseas parent entity can be evidenced.
- Medium-Term: Use SPWV to gain NZ work experience, without triggering AEWV accreditation scrutiny.
- Long-Term: Transition to SMC residence, with a compliant job offer from an accredited employer (possibly the restructured company).
For now, I recommend you wait for the PPI outcome, while flying overseas to sign on any necessary documentation regarding your current Company Act compliance requirements.
