New Business Investor Visa: A Clear Pathway to Residence in New Zealand

The New Zealand Government has announced one of the most significant changes to business migration policy in recent years. The Entrepreneur Work Visa is now closed to new applicants, and in its place the Business Investor Visa (BIV) will open in November 2025.

This new visa is designed to attract experienced investors who are ready to purchase, revitalise, or expand established New Zealand businesses, bringing with them capital, skills, and networks that will directly grow the economy.

At MK Law Barristers & Solicitors, we specialise in business immigration and have deep expertise in guiding investors through these complex pathways. Below, we set out the key features of the new visa and the requirements you will need to meet.

Pathways Under the Business Investor Visa

The Business Investor Visa offers two distinct options:

• NZD 1 million investment in an existing New Zealand business, leading to a three-year work-to-residence pathway.
• NZD 2 million investment in an existing business, providing a 12-month fast-track to residence.

Applicants may either purchase a business outright or acquire at least 25 percent ownership of an existing business. Both pathways lead to eligibility for the Business Investor Resident Visa.

Investment Funds: Ownership and Legality Requirements

One of the most important aspects of this visa is proving that your funds are legally owned, unencumbered, and transferable. Immigration New Zealand will carefully assess the source and ownership of your investment capital.

Ownership of funds

• Funds can be solely owned by the principal applicant.
• If funds are jointly owned with a partner, you may claim the full value if:
  • You can show you have lived together in a genuine and stable partnership for at least 12 months, and
  • Your partner formally supports the use of the funds for the investment.
• If funds are jointly owned with anyone other than your partner, you can only claim your proven share.

Legality of funds

• All funds and assets must have been earned or acquired legally under the laws of the country where they were obtained.
• Gifted funds are permitted if they are unconditional, lawfully obtained by the donor, and transferred in accordance with local law.
• Funds cannot be borrowed.

Unencumbered funds

• Funds must be free from any mortgages, liens, charges, or creditor claims.

Transfer of funds

• You must show that the capital was transferred directly from your own bank accounts through the banking system to New Zealand.
• Acceptable evidence may include:
  • Telegraphic transfer forms
  • Bank statements
  • Supporting documents such as invoices, contracts, or audited accounts that show how the funds were applied in the business.

What Counts as Capital Investment?

Only funds used for the establishment and operation of the business qualify as investment. Immigration New Zealand will exclude funds used for:

• Passive or speculative investments (such as holding money in reserves or term deposits)
• Personal use items (e.g. houses, cars, boats)
• Salaries or remuneration paid to you or your immediate family
• Residential property, unless it qualifies as new residential property development that has been approved by local authorities, is intended for commercial return, and will not be occupied by you or your relatives.

Active Involvement in the Business

This visa requires active, hands-on involvement in the management and operation of the business. It is not suitable for passive investors.

To qualify as a substantial investment, you must own at least 25 percent of the business.

Examples of revitalisation that Immigration New Zealand may accept include:

• Doubling the business’s annual turnover
• Creating two or more full-time jobs for New Zealanders
• Adding significant new product lines or services
• Expanding into new branches or markets
• Increasing the customer base substantially

What If You Hold an Entrepreneur Work Visa?

• If you already hold an Entrepreneur Work Visa, you can still apply for residence through the Entrepreneur Resident Visa, which remains open.
• You can also renew your Entrepreneur Work Visa if you need more time to meet residence requirements.
• If you have already submitted an Entrepreneur Work Visa application, it will be processed under the old rules. Withdrawals will not be refunded.
• If you want to take advantage of the new Business Investor Visa, you will need to lodge a fresh application when the category opens in November 2025.

Why the Change?

Immigration Minister Erica Stanford has explained that the Entrepreneur Category had low uptake, high decline rates, and limited economic benefit. By contrast, the Business Investor Visa is designed to be clearer, faster, and more effective at delivering tangible outcomes such as job creation, higher incomes, and revitalisation of New Zealand businesses.

The BIV also works alongside the refreshed Active Investor Plus Visa (updated in April 2025), and the Government is also developing a new pathway for startup entrepreneurs with innovative, scalable ideas.

How MK Law Can Help

The Business Investor Visa is an exciting opportunity — but the rules around ownership of funds, legal acquisition, active involvement, and evidential requirements are complex and strictly enforced.

At MK Law, we can help you by:

• Assessing your eligibility under the new visa
• Advising whether you should remain on your Entrepreneur pathway or switch to the Business Investor Visa
• Preparing a robust application with clear evidence of your funds, business involvement, and economic benefit
• Guiding you through both the work visa stage and the residence application stage
• Supporting your long-term business and immigration strategy in New Zealand

Contact MK Law today to secure your future in New Zealand with expert immigration advice.