Key Immigration Questions Answered by Immigration New Zealand

Can AEWV Holders Have Equity or Shareholding?

A common concern among migrants and employers is whether Accredited Employer Work Visa (AEWV) applicants can hold equity or shares in the employing business without being considered "self-employed" (which would make them ineligible under WA3.15(o)(i)).

INZ's Answer: Having equity, shareholding, or being a key person in a company doesn't automatically classify the employment as self-employment. Immigration officers will conduct a holistic assessment, considering:

• The applicant's role within the company

• The extent of their responsibility in managing and operating the company

• The percentage of their shareholding

• The number of directors involved

This assessment will also be relevant when an AEWV holder applies for an extension, to determine whether the employer has made genuine attempts to recruit New Zealanders and whether the job offer is genuine.

What Happens When Accreditation is Revoked?

When a company's accreditation is revoked due to an infringement offence, what happens if key people involved move to other companies?

INZ's Answer: When an accredited employer receives an infringement notice, their accreditation is automatically revoked. If key people/directors from that company move to different businesses, those businesses' accreditation may also be revoked if:

1. The new business is considered "substantially the same" as the previous organisation (per WA2.10.15)

2. The infringement notice was issued to an individual directly, making the new business ineligible under WA2.10.10(b-d)

3. The key person has a history of non-compliance (at least two breaches of WA2.10.10(b)-(d) requirements in organisations where they were a key person)

In the second scenario, the business could become eligible again once any stand-down period is completed and they demonstrate that issues have been addressed. In the third scenario, the business would need to satisfy INZ that they've taken sufficient steps to prevent non-compliance from recurring.

How Are Fixed-Term Contracts Assessed?

For Green List and Skilled Migrant Category applications, how strictly is a "12-month Fixed Term Contract" interpreted?

INZ's Answer: INZ considers fixed-term contracts in terms of complete months rather than exact days. For example:

• A contract running from 1 January 2025 to 31 December 2025 would meet the 12-month requirement

• A contract running from 27 January 2025 to 25 January 2026 would not meet the requirement, as it's missing the 26th of January

• A contract for one month from 1 March to 29 March would not be considered a full month as it's missing the 30th and 31st

Variation of Travel Conditions for Investors

What should investors know about applying for a Variation of Travel Conditions (VOTC)?

INZ's Answer: If an investor applies for a VOTC within 24 months of holding their residence visa without specifying the required duration:

• INZ will raise formal concerns and seek confirmation about whether the customer wants a 12-month VOTC under RV3.5 (assuming they meet relevant requirements)

• This is necessary because they wouldn't yet qualify for a 24-month VOTC under RV3.15

For more efficient processing, investors or their representatives should:

• Clearly indicate in their application if they're requesting a 12-month VOTC under RV3.5

• Specify the required VOTC period in a cover letter when submitting the application

Key Takeaways

These clarifications from INZ provide important guidance for migrants, employers, and immigration advisors navigating New Zealand's immigration system. Understanding these nuances can help prevent delays and complications in the application process.

For personalized advice tailored to your specific situation, it's always recommended to consult with a licensed immigration advisor who can provide guidance based on the latest policy interpretations.