• Business Investor Visa FAQ – 2025 Guide

Business Investor Visa (BIV) FAQ

Further details have now been published regarding the April 2025 changes to New Zealand’s Active Investor Plus Visa.

New Zealand’s Business Investor Visa (BIV) pathway offers experienced entrepreneurs and investors the opportunity to purchase and operate an established New Zealand business, with the potential to transition to residence. Below is a comprehensive set of frequently asked questions based on Immigration New Zealand’s (INZ) policy guidance. These answers help investors understand requirements around valuation, ownership, staffing, capital funds, compliance, and residence.

Business Valuation & Purchase Requirements

Which business valuation method does INZ rely on?

INZ must be satisfied that the proposed purchase price is credible. Officers often rely on a valuation prepared by or based on advice from a Qualified Statutory Accountant (QSA). If concerns arise, INZ may request further information. Visa approval is not an endorsement of the business — applicants must conduct their own due diligence.

Are intangible assets such as goodwill considered?

Yes, goodwill can be included if it credibly forms part of the purchase price.

Is the NZD $1 million minimum purchase price exclusive of fees?

Yes. Transaction and legal costs are not included in the required $1 million.

Can investors buy through an overseas company they own?

No. The applicant must purchase the business personally.

Can multiple applicants invest in the same business?

Yes — if all applicants apply for their work visas at the same time. Each must actively operate the business and meet job-creation requirements.

Funding, Capital & Reserve Requirements

What if capital raising dilutes my ownership below 25%?

Applicants must retain at least the same ownership proportion they had at work-visa approval. Reserve funds (minimum NZD $500,000) may be used to maintain ownership.

Can borrowed funds be used instead of liquidating assets?

Only if liquidation is not economically viable or practical.

Do reserve funds need to be currently existing?

Yes. Future income or non-existent assets do not qualify.

Can I borrow in NZ to top up investment capital?

No. All nominated capital must be unencumbered.

Who qualifies as a QSA?

A chartered accountant holding a Certificate of Public Practice (CPP) — including CA ANZ and CPA Australia members.

Business Operation Requirements

Does the business need 5 FTEs before applying?

Yes. The business must employ at least five full-time equivalent (FTE) staff before lodging the work visa and must maintain this.

Is there a grace period if staff resign?

Yes — roles may remain vacant for up to 3 months in a 12-month period.

Does the business need to be operating for 5 years?

Yes. INZ checks that the business:

  1. Remains identifiable as the same business over 5 years,

  2. Operated in New Zealand, and

  3. Operated continuously (with normal allowances such as holiday closures).

Are owners counted as employees?

No. Owners are excluded from FTE counts even if paid a salary.

Can one business operate across multiple locations?

Yes — provided it remains a single business (e.g., same NZBN/IRD).

Are franchises excluded?

Yes. A nominated business cannot be a franchise.

What qualifies as an acceptable bank or lender?

INZ considers whether the lender is:

  • Licensed and regulated, and

  • Recognised as a registered bank or commercial lending institution.

Immigration & Partnership Requirements

Can another lawyer in the same firm give commercial advice?

Yes — as long as a different individual provides immigration advice.

What if the applicant and partner haven’t lived together for 12 months?

INZ looks for:

  • A genuine and stable partnership,

  • 12 months of living together.
    Periods of separation may be accepted if there are genuine and compelling reasons.

Business Failure, Non-Compliance & Additional Work Visa Options

What if the business fails?

Applicants may apply for an additional 2-year work visa to continue meeting residence requirements.

What causes non-compliance?

Examples include:

  • Being placed on an INZ or Employment NZ stand-down list,

  • Breaches of legal or employment obligations.

Can a business be reused for another investor visa?

No. A business cannot be used if it supported an approved BIV or Entrepreneur visa within the past 10 years.

Residence Visa Requirements

Is financial reporting required at residence stage?

Not always, but INZ may request it. Applicants must show the business is solvent, often verified by a QSA. Inland Revenue documents are preferred.

Are turnover requirements imposed?

No fixed turnover requirement exists, but the business must operate genuinely and remain solvent.

Must the applicant pay themselves a salary?

No salary requirement exists, but applicants must show active involvement in running the business.

How does INZ assess “active involvement” for multiple investors?

Each investor must demonstrate:

  • Day-to-day involvement,

  • Decision-making,

  • Financial oversight,

  • Strategic planning.

Employment Creation Requirements

What are the hiring obligations for residence?

In addition to maintaining 5 FTEs, the business must employ at least one new full-time NZ citizen or resident for 12 months (per investor).

Other Clarifications

Does “all legal obligations” refer to a specific policy section?

No — it refers to all legal obligations applicable to the specific business, such as licensing, employment law, safety compliance, etc.

Are inheritances acceptable gifted funds?

Yes — provided they are permanently distributed through a will.

Want help with a Business Investor Visa?

VisaEnvoy’s New Zealand immigration specialists can guide you through:

  • Business Investor Visa eligibility

  • Purchasing or assessing a New Zealand business

  • Due diligence

  • Residence pathway strategy

  • Maintaining policy compliance

See our full guide:
👉 Business Investor Visa New Zealand

Explore Related Visa Options

If you are considering a long-term investment in New Zealand and would like to explore your visa options, including the Active Investor Plus Visa, our team of qualified migration advisors can help. Contact us or book a consultation today and we will be happy to provide you with a comprehensive suite of options tailored to your unique needs and circumstances.

Do Immigration and Commercial Legal Advice Need To Come From Different Individuals?

Yes. The lawyer or adviser providing immigration advice must be a different individual from the lawyer conducting commercial legal due diligence on the business purchase.
However, both professionals can work for the same law firm.

Does the Applicant Need Experience in the Same Industry as the Business They Purchase?

No. The applicant’s previous business or employment experience does not need to match the industry of the business they intend to buy.
For example, an investor with a background in civil construction may purchase and operate a motel.

What Are the Expected Processing Times? Will a Specialist Team Assess These Applications?

Processing times will vary based on the volume and quality of applications submitted.

However, New Zealand expects these visas to be processed faster than Entrepreneur Category visas because the requirements are clearer and more streamlined.

Applications will be handled by specialist business immigration officers who focus specifically on investment and business visa categories.

Is Eligibility Based on the Purchase Price at the Time of Sale or the Future Value of the Business?

Eligibility under both the standard ($1 million) and fast-track ($2 million) pathways depends on:

➡️ The amount paid for the business or business share.

It is not based on the business’s value after purchase.

Are ECE Centres Suitable Investments Under This Policy?

Early Childhood Education (ECE) centres may be suitable investments, but several rules apply:

  • The business must not fall into an excluded category.

  • The minimum $1 million purchase price does not include the value of land or buildings.

  • The investor must be actively involved in operating the business—not just a passive owner.

INZ does not assess or endorse the suitability of any specific sector; this depends on whether the applicant can meet the policy requirements.

Do the Required 5 Full-Time Employees Need Continuous Employment?

The business must employ five permanent, ongoing full-time equivalent (FTE) employees.

Employment can still be considered continuous if:

  • A vacancy lasts no more than three months within any 12-month period,

  • And the role is filled both before and after the vacancy.

Does the Business Need To Be Profitable to Qualify for Residence?

No. Profitability is not a requirement at the resident visa stage.

However, the business must remain:

  • Solvent, and

  • Fully compliant with tax and financial obligations.

If conditions are placed on the resident visa, they will require the business to remain solvent throughout the conditional period.

Is the Work Visa Valid for Four Years but Cancelled if Requirements Aren’t Met Within 12 Months?

Yes. Although the Business Investor work visa is issued for four years, it will expire after 12 months if the applicant does not:

  1. transfer the required investment funds,

  2. purchase a qualifying business, and

  3. commence business operations—

—all within nine months of the visa being granted.

What Visa Options Are Available for Partners and Dependent Children?

The family of a Business Investor work visa holder may receive:

  • Partner: an open work visa allowing employment with any employer anywhere in New Zealand.

  • Dependent children: student or visitor visas depending on their education and travel needs.

Can Funds From the Sale of Assets Be Sold Offshore Before Being Transferred to New Zealand?

Yes. Applicants may sell assets (such as real estate or company shares) overseas and then transfer the proceeds to a New Zealand bank account, provided:

  • The sale is legitimate and lawful, and

  • The applicant supplies clear evidence of the transactions, and

  • All funds transfer requirements are met.

How Does INZ Assess Crypto Assets Such as Bitcoin?

Crypto assets can be used to meet investment requirements if the applicant can demonstrate that the assets are:

  • Owned by the applicant

  • Legally acquired

  • Unencumbered

  • Equivalent in value to the required investment

  • Not gifted (except through a will)

Supporting evidence may include:

  • Digital wallet transaction histories

  • Bank statements

  • Tax records

  • Receipts or contracts

  • Exchange platform confirmations

  • Other financial documentation

INZ must be satisfied that the crypto assets were obtained using lawfully earned funds.

If a Business Is Valued at $0, Can an Applicant Invest $1 Million for a 50% Share?

To qualify, the business must have a credible purchase price of at least $1 million.

Applicants must provide a valuation from a qualified accountant to support the purchase price.
If a business is valued at $0, the applicant would need to clearly justify how paying $1 million for a 50% share is commercially credible.

Need Help With a New Zealand Business Investor Visa?

VisaEnvoy’s immigration lawyers and business visa specialists can assist with:

  • Business assessment and due diligence

  • Business Investor visa applications

  • Source of funds and evidence preparation

  • Residency pathways and compliance requirements

Contact us today for expert advice tailored to your situation.

Discuss your visa options with an advisor

Mohamed Anas Sirajur Raheem

BA (Political Studies), LLB (VUW)

Mohamed is an enrolled Barrister and Solicitor of the High Court of New Zealand, specializing in immigration law.

He is a former New Zealand Immigration Officer (Visa Services) and Border Officer at Auckland International Airport. He has several years of experience working in various Government Departments in New Zealand and has also worked as a Licensed Immigration Adviser at a prominent New Zealand Immigration firm.

His areas of expertise and interest are in the fields of General Skilled Migration, Temporary Work (Long and Short Stay), Business visas, Partner, Parent and Child Visa streams.

Mohamed was inspired to pursue a career in immigration by his own migration experiences. Over the years he has assisted individuals, families, large corporations, Professional sportspeople, and Entertainers (singers, speakers, and actors) to come to New Zealand.

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