Business Investor Work Visa updates – 6 July 2026
The Immigration Instructions relating to the Business Investor Work Visa were updated on 6 July.
Here’s what you need to know:
1. Applicants can now own their nominated business through a company.
Business Investor Work Visa applicants can now own their nominated investment business through a New Zealand resident entity, rather than need to own the nominated business in their own name.
A New Zealand resident entity is defined as a New Zealand incorporated entity with its head office, centre of management, and directors controlling the entity in New Zealand. This aligns the instructions with standard commercial practice.
2. Franchise businesses are no longer excluded investments.
Franchise businesses have been removed from the list of excluded businesses. Some businesses which can be franchise businesses remain excluded, such as fast-food outlets. But now, if the business activity is not excluded, then franchise businesses can be an applicant’s nominated business for investment. This frees up the investment options for future applicants.
3. Investment Capital can now include lawfully acquired gifts.
Gifted funds or assets can be used to purchase the nominated business if a business immigration specialist is satisfied that the funds or assets were lawfully earned or acquired by the donor.
4. Updates to valuation requirements and clarification on the definition of ownership.
Valuations of the nominated business must be no more than three months old, produced by an external and reputable agency or individual such as a chartered accountant, registered valuer or similar, who does not have a material interest in the transaction, and must be “credible” as determined by a business immigration specialist.
The nominated business still cannot be owned by the applicant or their family to ensure that it is a genuine new investment into New Zealand. The definition of ownership has been clarified to include ownership through trusts and New Zealand resident entities. For trusts, ownership can include situations where the applicant or a family member is a settlor, trustee, beneficiary, or is otherwise able to benefit from or influence the trust’s interest in the business.
Special thanks to Partner Nicola Tiffen and Law Graduate Benedict Sheehan for preparing this article.
Disclaimer: The content of this article is general in nature and not intended as a substitute for specific professional advice on any matter and should not be relied upon for that purpose.
