Jason’s New Zealand Investment Story · Part 2

Background

In the previous article, we mentioned that Jason showed strong interest in whether it is possible to obtain New Zealand residency through investment while exploring opportunities in New Zealand.

On 20 October 2025, Immigration New Zealand announced a major update — the new Business Investor Work Visa will officially open on 24 November 2025.

This visa is designed for experienced entrepreneurs and senior executives. By investing in an existing New Zealand business, applicants may gain a new pathway to residency. For Jason, who is actively seeking investment opportunities, this is undoubtedly a significant opportunity. He promptly contacted us for further advice on this new policy.

Policy Overview and Requirements

Jason: I’ve heard there’s a new policy allowing people to obtain residency in New Zealand by purchasing a business. Is that true? Would I qualify?

Lawyer: Yes, this policy has just been introduced. There are currently two investment pathways:

• NZD $1 million investment: eligible to apply for residency after 3 years of operation

• NZD $2 million investment: eligible to apply for residency after 12 months of operation

Jason: Where does the investment need to go?

Lawyer: Your investment must be used to acquire an existing New Zealand business that meets Immigration New Zealand’s requirements, or to acquire at least a 25% shareholding in such a business. You must also be actively involved in the business.

In addition, you will need to have at least NZD $500,000 available as reserve funds for family living expenses and business operations.

Key Eligibility Criteria

Jason: That sounds reasonable. Are there any other requirements?

Lawyer: Yes, in addition to the investment requirements, you must also meet the following criteria:

• The principal applicant must be under 55 years of age;

• English requirement: IELTS 5.0;

• Meet health and character requirements;

• Have at least 3 years of business or senior management experience, for example:

  • Owning a business with at least 5 full-time equivalent employees or annual turnover of at least NZD $1 million; or

  • Holding a senior management role in a company with annual turnover of at least NZD $5 million and managing at least 5 full-time equivalent employees;

• The source of funds must be lawful and verifiable;

• Legal and accounting due diligence must be carried out on the target business, with supporting documentation provided.

Requirements for the Target Business

Jason: That all sounds fine. I’ve been running businesses in China for many years and have tax records and proof of assets. I’m more concerned about what types of businesses I can invest in. I’m still discussing potential cooperation projects with Ms Lucy.

Lawyer: The policy requires the business to be an established and stable business that meets the following criteria:

• Purchase price of at least NZD $1 million (excluding property value and GST);

• The applicant must retain at least 25% shareholding;

• The business must employ at least 5 full-time equivalent employees (excluding the owner);

• The business must be actively operating in New Zealand;

• The business must have been operating continuously in New Zealand for at least 5 years prior to the visa application;

• The business must be a lawful commercial entity and comply with immigration law, employment law, and relevant business standards;

• The business must not have been used to support a previously approved business investor or entrepreneur visa application within the past 10 years.

Restricted Industries

Jason: Does that mean I can invest in any type of business?

Lawyer: Generally yes, but the following industries are excluded:

• Adult entertainment;

• Gambling;

• Labour hire services;

• Immigration advisory services;

• Franchise businesses;

• Manufacturing of tobacco or nicotine products (including e-cigarettes);

• Drop-shipping or similar business models;

• Convenience stores;

• Discount or low-cost retail stores;

• Fast food businesses.

Requirements During the Investment Period

Jason: That sounds great. I’ve recently been looking at a café, which should meet these requirements. Are there any ongoing requirements during the investment period?

Lawyer: Yes. After obtaining the work visa, you must continue to meet the following requirements during the investment period in order to apply for residency:

• Maintain the approved shareholding percentage;

• Continue to meet good character requirements;

• Obtain any required professional licences or registrations in New Zealand (if applicable);

• Spend at least 184 days in New Zealand in each 12-month period;

• The business must continue to employ at least 5 full-time equivalent employees, and provide at least 12 months of employment to at least one New Zealand citizen or resident;

• The business must comply with New Zealand immigration, employment, and commercial laws;

• The business must remain solvent and comply with all financial, tax, and legal obligations.

Family Members Can Be Included

Jason: Can I include Jasper in my application?

Lawyer: Yes, you can. Your spouse and dependent children can be included in the application.

Jason: That’s great! I’ll discuss the investment details with Ms Lucy as soon as possible.

Lawyer’s Note: Risks in Joint Investment

Lawyer: You mentioned cooperating with Ms Lucy. We recommend that you pay close attention to potential risks, including conflicts of interest and issues around shareholding control. When you are not yet familiar with New Zealand’s legal and business environment, joint ventures can easily lead to disputes. We strongly recommend that you enter into a well-drafted company constitution and shareholders’ agreement at an early stage, clearly defining each party’s rights and obligations, to avoid future disputes or losses.

Jason: Thank you for the reminder. I will proceed carefully.

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