Pathways to residency in New Zealand

March 2020

This post explores the various pathways for those from other countries to obtain residency in New Zealand. In general, overseas people who are not residents, cannot buy homes to live in.

You can buy property in New Zealand if you are a NZ citizen or you hold a residence class visa and you live in New Zealand.

Australian and Singaporean Citizens

If you hold Australian or Singaporean citizenship you can purchase residential land (but not otherwise sensitive land) without needing to get consent from the Overseas Investment Office .

IMPORTANT: This blog provides general advice. Only those Visas that provide a pathway to residency have been included. For further information and guidance on your individual situation consult an Immigration Specialist

Entrepreneur Work Visa

This 3-year work visa is structured in two stages. If your application is approved, you will be given a 12-month work visa, enabling you to buy or establish your business in New Zealand. Once you have proven that you have taken steps to establish your business, you are granted the remaining 24 months of your visa.

Requirements for this visa include:

· NZ$100,000 (excluding working capital) minimum investment

· Assessment of the likely success of the business and its value to New Zealand

· A clear business plan

· No recent history of bankruptcy, business failure and fraud

· Health, character and English language requirements.

There are two ways of qualifying for residence under this policy:

1. Entrepreneur Residence Category (2 years) – You have to successfully establish or purchase a business in NZ and be self-employed in that business for at least 2 years, and for your business to have significantly benefited NZ.

2. Entrepreneur Residence Category (6 months) - You can fast track residence if you have invested at least NZ$500,000 in your business and created at least 3 new full-time jobs.

Partners and dependent children can be included in an Entrepreneur Residence Visa application and be granted work and student visas if they are coming with you to NZ.

Investor Plus Visa

If you have NZ$10 million to invest in New Zealand over a 3-year period, you can apply for NZ residence. Once approved – you can buy property here. If you are granted residence you can come to NZ with your family and enjoy the desirable lifestyle on offer.

You, your partner and dependent children (under the age of 24), are welcome, along with your car, boat and household items. You can also buy a home, or as many as you like. You can come and go as you please.

A person who holds an Investor 1 Resident Visa, needs to meet all of the following conditions to be considered ‘ordinarily resident’ in NZ.

1. Hold a current and valid NZ resident/permanent resident visa, and

2. Have been residing in NZ for at least the immediately preceding 12 months, and

3. Of those 12 months, been physically present in NZ for at least 183 days or more, and

4. Are a tax resident

Please note that you need to spend either:

- 44 days in each of the last two years of your three-year investment period in NZ or

- 88 days at any time over the three-year investment period if you have invested a minimum of NZ$2.5 million in growth investments.

After this time, your residency visa will become permanent residency. During those three years, you can use the health and great education system just like any other Kiwi. There are a few other conditions.

When your application for an investor visa is approved, you will have 12 months to transfer your funds to New Zealand and invest in an acceptable investment.

The Global Impact Visa

This provides entrepreneurs and investors with a 3-year visa to create ventures and models from NZ, that result in a positive global impact. After three years, you can qualify for permanent residency.

Before you can apply for a Global Impact Visa you need to be accepted into the Edmund Hillary Fellowship. The Fellowship has 100 places available each year for international candidates. They seek applications from those who wish to solve problems of significance to humanity in a way that creates positive lasting economic, social and environmental value.

The Fellowship selection process takes place twice a year, after which successful applicants are sent a Letter of offer and invited to apply for a Global Impact Visa. Your family will need to apply for visas under the Partnership and Dependent Child categories.

Skilled Migrant Category Resident Visa

If you are 55 years or under and have the skills to contribute to New Zealand’s economic growth you can apply for this visa. You need to submit an Expression of Interest outlining your employment, work experience, and qualifications. If your Expression of Interest is successful you will be offered the opportunity to apply to live and work in NZ indefinitely.

You can include your partner, and dependent children aged 24 and under, in your residence application. An offer of skilled employment is critical to a successful application under this category. See further conditions.

Long Term Skill Shortage List Work Visa

This visa is a great pathway to New Zealand residence. It allows you first to work here, and then after 2 years, apply to live here permanently. You will need to be 55 years or under and have the necessary work experience, qualifications and occupational registration to work in an occupation on the Long-Term Skill Shortage List. You can’t include a partner or dependent children in your work visa application, but they can apply for visas based on their relationship to you.

Talent (Accredited Employer) Work Visa

If you have a job offer from an accredited employer and are 55 years or under, this visa is a great pathway to New Zealand residence. It allows you to work here and then after 2 years to apply to live in New Zealand permanently.

Your offer of employment needs to be for ongoing work for at least 24 months and your job needs to pay at least NZD $79,560 a year. You can’t include a partner or dependent children in your work visa application, but they can apply for visas based on their relationship to you.

Talent (Arts, Culture, Sports) Work Visa

If you are 55 years or under and have exceptional talent in the arts, culture or sport and want to live in New Zealand permanently you will need to be supported by a nationally recognised New Zealand organisation. You need to have an acceptable sponsor. You can apply for residence after 2 years, if you are still prominent in your field and your continued presence will enhance New Zealand’s accomplishments and participation in that field.

Overseas Investment Office (OIO)

If you are ordinarily resident, you are not considered an overseas person, and can purchase property without consent from the OIO.

If you are a couple, you don’t both need consent if you are buying the home as relationship property. This includes people who are married, in a civil union or de facto relationship.

Until you are ordinarily resident, you will need OIO consent to purchase any property. You cannot enter into any unconditional agreements for the purchase of a property if you are not ordinarily resident at the time of signing. Without consent you will be in breach of the legislation and could be subject to penalties. You can still sign a sale and purchase agreement without consent, provided that the agreement is conditional upon consent being granted.

You need to apply for consent as early in the sale process as possible, and you can apply for pre-approval before you have found the property you want to buy. Your lawyer needs to have your Overseas Investment Office consent number before the Sale and Purchase process can be completed.

If you are granted consent, there are certain conditions you need to meet. In general, everyone who is named in the consent needs to live in the property as their main home

and be present in NZ for at least 183 days in each 12 month period after consent is granted

Risks of buying property in New Zealand

Buying property in New Zealand doesn't always go smoothly. Read my other blogs and avoid the common pitfalls when buying property in New Zealand.

NB. Buying property off-the-plan in New Zealand can be risky investment.

Read Risks of buying property off-the plan before you commit.

Lorraine Burns

Buyers Agent - Licensed (REAA 2008)

Credit: First Photo (top of blog) by Casey Horner on Unsplash