INZ Clarification: Remote Work Restrictions for Partner of a Worker Visa Holders

Kia ora everyone,

Immigration New Zealand (INZ) has recently issued an important clarification regarding remote work for partners of worker visa holders. At Surani Associates, we want to ensure you're fully informed about this update and understand its implications for your stay in New Zealand.

Key Points:

1. Definition of Work in New Zealand:

   • INZ instruction W2.2.5(b) states that work is considered to be undertaken in New Zealand regardless of whether the payment comes from a New Zealand or overseas source.

   • This aligns with the Immigration Act 2009, which defines work as any activity undertaken for gain or reward.

2. Remote Work for Overseas Companies:

   • Partner of a Worker visa holders whose visa conditions state they must only work for an accredited employer cannot work remotely for overseas companies while residing in New Zealand.

   • Such arrangements are likely to be considered a breach of visa conditions.

3. No Exclusion for Remote Work:

   • The definition of 'work' in immigration instructions (W2.2.1) does not exclude remote work for overseas entities or employers.

4. Potential Visa Breaches:

   • Cases where applicants may be breaching their visa conditions will be referred to INZ's Compliance Investigations team.

What This Means for You:

If you hold a Partner of a Worker visa with conditions to work only for accredited employers:

1. You cannot engage in remote work for overseas companies while in New Zealand.

2. Doing so could be considered a breach of your visa conditions, potentially jeopardising your immigration status.

3. If you're currently in such an arrangement, you should reassess your situation immediately.

At Surani Associates, we understand that this clarification may significantly impact some visa holders' work arrangements. Our team of expert immigration advisors is here to help you navigate this situation and ensure you remain compliant with your visa conditions.

We can assist you by:

• Reviewing your current work arrangements to ensure compliance

• Advising on alternative employment options that meet your visa conditions

• Helping you understand the potential consequences of non-compliance

• Guiding you through any necessary changes to your work situation

Remember, while remote work for overseas companies may seem like an attractive option, it's crucial to prioritise compliance with your visa conditions. Don't hesitate to reach out to us for personalised advice and support.

Let's work together to ensure your stay in Aotearoa New Zealand remains lawful and secure. Stay informed, stay compliant, and let Surani Associates be your trusted partner in navigating the complexities of New Zealand's immigration rules.