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Immigration Law

Migrant Investment Categories

The Migrant Investment Categories are comprised of two sub-categories. These are the Investor 1 Category and the Investor 2 Category.

Under both of the Migrant Investment Categories (MIC), where an application is approved in principle the principal applicant will be required to provide acceptable evidence of having transferred and invested the nominated funds in accordance with the relevant requirements of the category under which they have applied, before a resident visa is granted.

Definition of ‘acceptable investment’
An acceptable investment means an investment that:
  • i. is capable of a commercial return under normal circumstances; and
  • ii. is not for the personal use of the applicant(s); and
  • iii. is invested in New Zealand in New Zealand currency; and
  • iv. is invested in lawful enterprises or managed funds that comply with all relevant laws in force in New Zealand; and
  • v. has the potential to contribute to New Zealand's economy; and
  • vi. is invested in either one or more of the following:

    • bonds issued by the New Zealand government or local authorities; or
    • bonds issued by New Zealand firms traded on the New Zealand Debt Securities Market (NZDX); or
    • bonds issued by New Zealand firms with at least a BBB- or equivalent rating from internationally recognised credit rating agencies (for example, Standard and Poor's); or
    • equity in New Zealand firms (public or private including managed funds and venture capital funds); or
    • bonds issued by New Zealand registered banks; or
    • equities in New Zealand registered banks; or
    • residential property development(s) or
    • bonds in finance companies; or
    • eligible New Zealand venture capital funds.
Approval in principle and transfer of funds
Principal applicants who are assessed as meeting the requirements under either
  • the Investor 1 Category, or
  • the Investor 2 Category

will be advised that:

  • i. their application has been approved in principle; and
  • ii. resident visas may be granted once they:

    • provide acceptable evidence of having transferred and invested the nominated funds in accordance with the relevant instructions; and
    • provide a New Zealand address at which they can be contacted by mail, after they arrive in New Zealand; and
    • pay any applicable migrant levy and, if applicable, submit evidence that any applicant aged 16 or over in the Investor 2 Category meets the English language requirement; and
  • iii. resident visas will be granted subject to conditions under section 49(1) of the Immigration Act 2009.
Transfer of the nominated investment funds
A. When their application is approved in principle, the principal applicant will be required to transfer the nominated investment funds to New Zealand. These funds must:
  • i. be the funds initially nominated, or the funds that result from the sale of the same assets as those initially nominated, in the resident visa application; or
  • ii. be funds, in the case of the Investor 1 Category as agreed to by a business immigration specialist, secured against the nominated assets in the resident visa application and as approved in accordance with (b) below; and
  • iii. be transferred through the banking system directly from the principal applicant's bank account(s) to New Zealand; or
  • iv. be transferred by a foreign exchange company to New Zealand through the banking system. Business immigration specialists may not accept the transferred funds if the applicant cannot provide satisfactory evidence of the following:

    • the nominated investment funds have been transferred to the foreign exchange company directly from the principal applicant’s bank account(s); and
    • the nominated investment funds have not been transferred through the foreign exchange company contrary to the laws of New Zealand; and
    • nominated investment funds transferred are traceable; and
    • cash transactions were not made; and
    • the foreign exchange company is not suspected of, or proven to have committed fraudulent activity or financial impropriety in any country it operates from or in.
B. Under the Investor 1 Category, a business immigration specialist may consider, on a case by case basis, borrowed funds as acceptable investment funds where the principal applicant is able to demonstrate that:
  • i. they own net assets equal or greater in value to the required investment amount; and
  • ii. the borrowed investment funds will be from a bank or commercial lending institution acceptable to a business immigration specialist and will be secured against the assets identified under (i); and
  • iii. it is not economically viable or practical to liquidate the nominated assets. eg sell a business.
C. The investment funds that are transferred to New Zealand and subsequently into an acceptable investment must be from the same source of funds as nominated in the resident visa application.
Timeframe for investing funds in New Zealand
  • a. Principal applicants must meet the requirements for transferring and investing the nominated funds within 12 months of the date of the letter advising of approval in principle.
  • b. Principal applicants may request an extension to the 12-month transfer and investment period
  • c. Applications for a resident visa must be declined if principal applicants do not transfer and invest the nominated funds within 12 months (or up to a maximum of 24 months for Investor 1 applicants, or 18 months for Investor 2 applicants if an extension is granted from the date of approval in principle.
  • d. Principal applicants must provide acceptable evidence of having transferred and invested the nominated funds to the Business Migration Branch no later than three months after the expiry of the approved timeframe to transfer and invest the funds (i.e. three months after the 12-, 18- or 24-month timeframe from the date of approval in principle).
When the investment period begins
  • a. If the investment already meets the investment requirements, the required investment period begins on the date of the letter of advising approval in principle.
  • b. If the investment is made after approval in principle, the required investment period will begin on the date the investment requirements are met.
  • c. The date the investment period begins is specified in the letter to the successful principal applicant that advises the conditions on their resident visa

When the investment period begins

  • a. If the investment already meets the investment requirements, the required investment period begins on the date of the letter of advising approval in principle.
  • b. If the investment is made after approval in principle, the required investment period will begin on the date the investment requirements are met.
  • c. The date the investment period begins is specified in the letter to the successful principal applicant that advises the conditions on their resident visa

Evidence of the principal applicant's investment

a. Principal applicants must submit the following information and documentation as evidence of having invested funds:

  • the full name of the investor; and
  • the amount invested in New Zealand dollars; and
  • the date the investment was made; and
  • the type of investment ; and
  • documentary evidence of the investment; and
  • a letter from a reliable independent professional, confirming that the funds have been invested.

Temporary visa to arrange transfer and/or investment of funds

  • a. After approval in principle, and upon application, a work visa may be granted to allow the principal applicant to arrange the transfer to, and investment of funds in, New Zealand.
  • b. The work visa will be granted with travel conditions allowing for multiple journeys to New Zealand for 12 months after approval in principle has been given. A further visa endorsed with travel conditions allowing for multiple journeys may be granted upon application for up to a further 12 months for Investor 1 applicants, or a further 6 months for Investor 2 applicants

On application, visitor's visas may be granted for the same period to the principal applicant'spartner and dependants.

Student visas may be granted for the same period on application to those of the principal applicant's dependants who wish to study, in accordance with current student instructions.

Temporary visa to arrange transfer and/or investment of funds

Resident visas may only be granted once principal applicants have:

  • i. met the transfer requirements; and
  • ii. placed the funds into an acceptable investment; and
  • iii. paid any applicable migrant levy; and
  • iv. paid any applicable ESOL tuition fee(s).

Resident visas subject to conditions under section 49(1) of the Immigration Act

All resident visas granted under one of the Migrant Investment Categories must subject to the following conditions under section 49(1) of the Immigration Act 2009:

  • a. that the principal applicant retains an acceptable investment in New Zealand for a minimum of three years under the Investor 1 Category or four years under the Investor 2 Category and spends a minimum period of time in New Zealand during the required investment period; and
  • b. that the principal applicant informs the nearest branch of INZ of any changes of New Zealand address during the investment period; and
  • c. that a principal applicant who was awarded 1 point for English language ability (IELTS 3) under the Investor 2 Category, must complete a minimum 20 hours of English language tuition with a New Zealand registered school or tertiary education provider as defined in the Education Act 1989 within the four year investment period; and
  • d. at the two-year anniversary of the investment period, the principal applicant submits evidence that they:

    • i. are retaining an acceptable investment in New Zealand; and
    • ii. meeting minimum period of time in New Zealand requirements (Investor 1 Category – 12 percent of each of the final two years of the three year investment period (44 days per year).
    • iii. Investor 2 Category – 40 percent of each of the final three years of the four year investment period (146 days per year).); and
    • iv. that within 3 months after the expiry date of the investment period, the principal applicant submit evidence to INZ that they have met requirements (i) and (iii) if applicable.

Investment transfers during the investment period

Investment funds may be transferred from one investment to another during the investment period, provided:

  • a. the funds remain invested in New Zealand in New Zealand currency at all times during the investment period; and
  • b. the investment of the funds continues, during the investment period, to meet all other requirements for investments.

Section 49(1) conditions

Reminder from Immigration New Zealand to provide evidence of section 49(1) conditions being met
  • a. Immigration New Zealand will attempt to contact the principal applicant:
    • i. three months before the two-year anniversary; and
    • ii. three months before the expiry of the required investment period requesting evidence that section 49(1) conditions are being met.
  • b. The evidence must be provided no later than three months after the two-year anniversary and the expiry of the required investment period.
End of investment period

Conditions under section 49(1) of the Immigration Act 2009 may be cancelled if the principal applicant provides evidence of compliance within three months after the expiry date of the investment period.

Non compliance with section 49(1) conditions

If section 49(1) conditions have not been complied with at the two-year anniversary check and at the end of the required investment period, the holder of the resident visa may be made liable for deportation.

Compliance with section 49(1) conditions
  • a. When the principal applicant has satisfied an immigration officer that they have met the section 49(1) conditions at the two-year anniversary of the investment period will be eligible for a variation of travel conditions to allow travel for a further two years
  • b. When the principal applicant has satisfied an immigration officer at the end of the required investment period, that the conditions on their resident visa under section 49(1) have been complied with, those requirements will be cancelled and the officer will advise the applicant in writing.

Verification

It is the responsibility of the person submitting the EOI to ensure that it is correct in all material respects.

Business immigration specialists must be satisfied that all 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.


Investor 2 Category

Up to 300 applications can be approved annually under the Investor 2 Category.
Expression of Interest and Invitation to Apply:

People notify their interest in being invited to apply for a resident visa under the Investor 2 Category by tendering an Expression of Interest (EOI) to Immigration New Zealand in the prescribed manner.

Expressions of Interest (EOIs), in the Investor 2 Category EOI Pool are selected from that Pool periodically on the Government's behalf by the Ministry of Business, Innovation and Employment (MBIE).

Submission of Expressions of Interest to the Pool

Points for age, business experience, English language ability, and investment funds are claimed by a person expressing interest.

Expressions of Interest submitted in the prescribed manner may be entered into a Pool of Expressions of Interest (the Pool) if the person expressing interest:

  • a. has confirmed that health and character requirements for entry to the Pool have been met because none of the people included in their Expression of Interest are people who:

    • i. would not be granted a medical waiver; or
    • ii. are described in sections 15 and 16 of the Immigration Act 2009; and

  • b. has claimed points for a minimum overall band score of IELTS 3 for English language ability; and
  • c. has confirmed that they are aged 65 years or younger; and
  • d. has claimed points for a minimum of three years of business experience; and
  • e. has claimed points for a minimum of NZ$1.5 million of investment funds; and
  • f. has confirmed that they legally own NZ$1 million of settlement funds in addition to the $1.5 million investment funds

EOIs which meet these prerequisites and have a minimum point score of 20, are entered into the Investor 2 Category EOI Pool.

Currency of an Expression of Interest
  • a. An Expression of Interest (EOI) is current for a period of six months from the date of initial submission to the Pool unless no Pool selection of EOIs has occurred within that six-month period. Where this is the case, the EOI is current until such time as a selection from the Pool has occurred.
  • b. An EOI that is no longer current will be withdrawn from the Pool.
  • c. An EOI will also be withdrawn from the Pool if it is rejected after selection because it does not meet prerequisites for entry to the Pool and as a result no Invitation to Apply is issued.
Selection of Expressions of Interest
  • a) As Expressions of Interest (EOI) are entered into the Pool they will be ranked on the basis of total points claimed.
  • b) Expressions of Interest may be selected from the Pool according to their points ranking in quantities sufficient to fulfil the annual approval cap
Invitation to Apply (ITA) for a resident visa under the Investor 2 Category

A selected EOI may result in an ITA for a resident visa under the Investor 2 Category, subject to:

  • a) a business immigration specialist considers that the person's claims in regards to:
    • points for age, business experience, English language ability, investment funds; and
    • settlement funds,
    which were the basis for selection from the Pool, are credible; and
  • b) whether the EOI indicates the presence of any health or character issues that may adversely affect the ability of the person expressing interest to be granted a resident visa under the Investor 2 Category; and
  • c) whether the EOI indicates that the person expressing interest will not meet the Investor 2 Category criteria.
Ability to apply

A person may only apply for a resident visa under the Investor 2 Category if:

  • a) they have been issued with an ITA under the Investor 2 Category; and
  • b) they apply for a resident visa under the Investor 2 Category within four months of the date of the letter in which that invitation is made; and
  • c) that ITA has not been revoked.

Applications for a resident visa resulting from an ITA must include:

  • i. information and evidence to support the claims made in the EOI; and
  • ii. information concerning any relevant fact (including any material change in circumstances that occurs after the EOI was submitted) if that fact or change in circumstances could affect the decision on the application.
Approval of applications under the Investor 2 Category

For an application under the Investor 2 category to be approved:

  • i) the principal applicant and family members included in the application must meet health and character requirements; and
  • ii) the principal applicant must qualify for the points on the basis of which their EOI was selected from the Pool; and
  • iii) the principal applicant must be aged 65 years or younger; and
  • iv) the principal applicant must have a minimum of three years of business experience; and
  • v) the principal applicant must have a minimum overall band score of IELTS 3 for English language ability
  • vi) the principal applicant must nominate investment funds and/or assets equivalent in value to at least NZ$1.5 million; and
  • vii) the principal applicant must nominate NZ$1 million of settlement funds; and
  • viii) the principal applicant must demonstrate ownership of the nominated funds and/or assets and that they have been legally earned or acquired.
# Type of work Price (inc GST)
1 Freehold Subdivision – 2 lots $1,950.00
2 Freehold Subdivision – 4 lots $2,450.00
3 Crosslease to Freehold – 2 lots $2,200.00
4 Crosslease to Freehold – 4 lots $2,700.00

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