Entrepreneur Residence Visa Application – 6 Month Category
Application number: -------------------
Name
Client Number
Date of Birth
Principal Applicant -------------------
------------------
--/--/----
Partner
------------------
------------------
--/--/----
Dependent Child
------------------
------------------
--/--/----
Dependent Child
-------------------
------------------
--/--/----
Lodgement Date: --/--/----
Business Name: -------------------------------------
Applicable Policy
This Entrepreneur Residence Visa application was lodged on --/--/----. The immigration
instructions which are applicable to this application are under Entrepreneur BH (including
BH2.1.5) and are the instructions which are in force at the date of lodgement.
Business Outline and Application Background
The applicants were first granted an EWV on --/--/----. The proposed business plan was to ---
----------------------------------------- (AN -----------------------). The business plan proposed that the
applicant would invest $----------------.
The PA incorporated the company --------------------------------- on --/--/----. The PA holds --% of
shares. The other shares are held by -------------------------------------. Evidence (---------------------
-----) has been provided to show that the business began operating on --/--/----.
The applicants were granted the ‘balance’ of their EWV on --/--/----. The applicants were
given an EWV which is valid until --/--/----.
BH4.1– Criteria for successfully establishing a business in New Zealand & Requirements for
applicants who have operated a business for at least six months
The fol owing documents have been sighted as evidence of establishing a business in New
Zealand which has been operating for at least six months:
• Certificate of incorporation
• Financial statements of the company for years ended 2016 and 2017
• Business bank statements
1
• Business invoices
• Staff employment agreements
• Employer monthly schedules from --/20-- to --/20--
• MPI registration
• Export documentation
• GST reports --/20-- to --/20--
• Agreement for purchase of the business
• Examples of marketing
• Business profile
• Supporting letters
• Business and stock photos
I am satisfied the PA meets the requirements at BH2.1.5(a)(iv) to have held an EWV at the
time of lodgement.
The PA first arrived in New Zealand after the grant of their EWV on --/--/----. The PA has
been in New Zealand for XXX days in the two years directly prior to the lodgement of this
application (--/--/---- - --/--/----)
A verification phone call (detailed in the ‘Risk & Verification’ section below) was conducted
on --/--/----. The PA was present at the business and was able to discuss the business
activities they perform on a daily basis. The information provided during the phone cal was
consistent with the information provided in the application.
31/03/2017
Revenue
$ ----
Net profit/(loss)
$ ----
Shareholder salary
$ ----
This level of revenue would suggest that the PA has been actively involved in the business
for at least six months.
Evidence that the PA has been full time involved in the management and operation of their
business over six months is:
• Staff employment agreements signed by the PA
• Emails from the PA to -------------
• Lease agreement signed by the PA
• Evidence of staff communication with the PA
• Export documentation showing PA’s name
Given the above, I am satisfied that the PA has successfully established a business in New
Zealand in which they have been self-employed for at least six months, and that they have
met the requirements at BH4.1 and BB6.1.15.
The date on which the PA was first full time self-employed in their business was --/--/---- (as
shown by ------------).
2
B H2.1(d) and BH2.1.5(a)(i ) – Capital investment
The capital investment proposed in the original EWV business plan was $----------.
The funds which were initial y nominated at EWV stage were:
Funds
Bank Account Number/Details of Asset
Value
------
------
------
The applicant has provided the fol owing evidence of their funds transfer:
• Bank statements showing --------------------
• Currency exchange documents showing ---------------------
I am satisfied that the investment capital, as stated in the business plan, has been
transferred directly from the holder’s bank account(s) through the banking system to New
Zealand.
OR
The transfer of the applicant’s investment capital has been previously assessed during the
EWV/EWV ‘balance’ application (AN: ----------------).
Business Plan
Actual
--------------------
$ ----
$ ----
--------------------
$ ----
$ ----
--------------------
$ ----
$ ----
--------------------
$ ----
$ ----
Total
$ ----
$ ----
I have checked that the proposed capital funds have been transferred to the PA’s business
account.
I have confirmed that the actual capital investment listed above has come from the initially
nominated funds. (only use this if the previous CO was not satisfied that the funds to NZ
were from the nominated funds)
I note that the applicant proposed working capital as part of their investment. I have
confirmed that this working capital has now been invested into the business in the form of --
------------.
The shareholder’s current accounts for the 2016 financial year show $---------. The
shareholder’s current accounts for the 2017 financial year show $---------.
[If the PA has put money into the business in a different way, e.g. share capital, note this
here]
I am satisfied the PA has not disinvested over the EWV period.
3
I am satisfied that the capital investment demonstrated meets the definition at BB3.5.10. I
am also satisfied that the PA has made a capital investment of at least NZ$500,000 in their
business, and that the PA has met the requirements at BH2.1(d) and BH2.1.5(a)(i ).
The date on which the PA first made an investment of $500,000 or more is --/--/---- (as
shown by ------------).
BH2.1.5(a)(i i) – Requirement to have created at least three ongoing and sustainable full
time jobs for New Zealand citizens or residents
In the initial EWV application, the PA proposed that their business would create
employment for -- full time employees.
The PA has provided employment agreements for -- employees, as well as evidence of
immigration status showing that -- of the employees are New Zealand residents or citizens.
Employment agreements have been provided for the fol owing staff:
Name
Immigration Status
Type of
Date of
Salary
Agreement
Employment
NZ Resident / NZ Full time / --/--/---- until $ ----
Citizen / NZ
Part time / --/--/----
Permanent Resident Casual
NZ Resident / NZ Full time / --/--/---- until $ ----
Citizen / NZ
Part time / --/--/----
Permanent Resident Casual
NZ Resident / NZ Full time / --/--/---- until $ ----
Citizen / NZ
Part time / --/--/----
Permanent Resident Casual
The Financial Statements for year end 2017 show wages of $------. The Employer Monthly
Schedules for --/---- to --/----- show wages of $-------. I am satisfied that there is no
meaningful discrepancy between these two figures.
Based on the information in the Employer Monthly Schedules, it appears that ------------ and -
------------- are currently employed by the business.
I am satisfied that the employment created meets the definition at BB6.1.25.
In my phone cal to the business on --/--/----, I was able to speak with ---------- and ------------.
They were able to describe their roles and hours. They were aware of what the PA does. The
information they gave was consistent with the information the PA gave.
4
I am satisfied that the PA has created employment for at least three ongoing and
sustainable full time jobs for New Zealand citizens or residents, and has met the
requirements at BH2.1.5(a)(ii ).
Further to this, I am satisfied that this employment demonstrates that the business can be
considered to add significant benefit to New Zealand, and therefore the PA meets the
requirements at BH4.10(a).
The date on which the PA first had created 3 full time, ongoing and sustainable jobs for New
Zealand citizens or residents is --/--/---- (as shown by the employment agreement for -------).
BH4.10(a) – Requirement for a business to be considered to add significant benefit to New
Zealand by promoting New Zealand’s economic growth
(if there are at least 3 FTE) As I summarised on the above section under BH2.1.5(a)(iii), I am
satisfied that applicant meets BH4.10 (a) by creating - - full time employment position.
OR
(If there are at least 1 FTE) As I summarised on the above section under BH2.1.5(a)(iii),
although the applicant’s business does not have at least 3 FTE, I am satisfied that applicant
still meets BH4.10 (a) by creating at least 1 full time employment position.
OR
(if none of the employment are satisfied by us) As I summarised on the above section under
BH2.1.5(a)(iii), I am unable to be satisfied that any of the claimed employment creation is
genuine, therefore I am unable to be satisfied that applicant’s business is benefiting NZ by
employment creation as per BH4.10(a)(iv), however, given that the PA’s business has
generated $--- of export turnover (details please refer my rational at BH4.10(b) section
below), I am satisfied that the PA still meets BH4.10(a) by way of BH4.10(a)(ii ).
Based on above, I am satisfied that the applicant’s business is meeting BH4.10(a).
OR
Although the applicant has not provided evidence demonstrating the business is benefiting
NZ through ---------- as proposed in the approved Business Plan; I, however, note that the
evidence (I.E.-----------) clearly shows that the business has been doing ------- and --------.
Therefore, I am satisfied that the business is benefiting NZ through --------- as per BH 4.10 a.
(i – vi, need to be specified)
5
B H4.10(b) – Requirement to be trading profitably on the date of lodgement
The Financial Statements for year end 201- show revenue of $---------. The GST returns for
04/201- to 03/201- show sales of $--------. I am satisfied that there is no meaningful
discrepancy between these two figures.
I consider the level of accounts receivable ($------------) credible given the nature of the
business. I am satisfied that this is genuine revenue.
I note that the business is currently meeting or exceeding the forecasted annual turnover
from the original business plan as per BB6.1.40(a).
OR
I note that the business is not currently meeting or exceeding the forecasted annual
turnover from the original business plan as per BB6.1.40(a); however as per BH4.10(b) I am
satisfied that the business clearly has the potential to do so within 12 months. This is
because I have annualised the results for the – months of business operation so far (($[total
revenue]/[number of months the revenue result is for])*12). This clearly demonstrates that
the business has potential to be trading profitably as per BB6.1.40(a) within the next 12
months.
Revenue
Business Plan
Actual
Year 1
$
$
I also note that the business is meeting or exceeding their assessment from the points scale
at BB3.10(d), as per BB6.1.40(a).
OR
I note that the business is not currently meeting or exceeding their assessment from the
points scale at BB3.10(d), as per BB6.1.40(a); however as per BH4.10(b) I am satisfied that
the business clearly has the potential to do so within 12 months. This is because ----------------
-----------.
Points awarded at Points as per actual
EWV stage
performance
Relevant self-employment
--
--
Other self-employment
--
--
Relevant senior management experience
--
--
New full time employment creation
--
--
Approved export business (based on annual --
--
turnover)
Unique or new products or services to New --
--
Zealand
Capital investment
--
--
Age at lodgement
--
--
6
B usiness based outside Auckland
--
--
I note that the business is currently making sufficient profit to enable the PA to pay
themselves at least the minimum wage per annum, as per BB6.1.40(b).
OR
I note that the business is not currently making sufficient profit to enable the PA to pay
themselves at least the minimum wage per annum, as per BB6.1.40(b); however as per
BH4.10(b) I am satisfied that the business clearly has the potential to do so within 12
months.
Net profit
Business Plan
Actual
Year 1
$ ----
$----
Shareholder salary
Business Plan
Actual
Year 1
$ ----
$ ----
Based on the above, I am satisfied that the PA has met the requirements at BH4.10(b),
BB6.1.40(a) and BB6.1.40(b).
BH3.1 – Consistency with business proposal
I am satisfied that the business is consistent in nature (i.e. -----) with the business proposal
in respect of which the applicant was granted a work visa. I am also satisfied that the
business is general y consistent in size and scale with what was proposed in the original
business plan.
The number of employees and level of capital investment are the same or greater than what
was proposed in the business plan.
I note that there are some aspects of the business which are inconsistent with the original
business plan (--------------------------------------------). However, I also note that these
inconsistencies are not significant enough to consider that the business is fundamental y a
different business to what was proposed at EWV stage.
On the above basis, I am satisfied that the PA has met the requirements at BH3.1.
BH2.5 – Compliance with employment and immigration law
I have seen no indication that there has been any failure to comply with relevant
employment or immigration law in force in New Zealand, as described at BH2.5(a).
7
I note that the employment agreements are in compliance with relevant legislation, and
that the Employer Monthly Schedules show that the business has paid the employees
according to their agreements.
I am satisfied that the PA has met the requirements at BH2.5.
BH2.25 – Applicants must not have accessed welfare assistance
I have seen no indication that the PA, SA partner, or dependent child/children may have
applied for and been granted welfare assistance under the Social Security Act 1964 while in
New Zealand during the currency of their temporary visas.
The PA has provided evidence of their personal funds/earnings.
I am satisfied that the applicants have met the requirements at BH2.25.
BH2.10 – English language requirements
The PA has provided an IELTS certificate with their original EWV application. The certificate
detailed an overal band score of ---, and was issued on --/--/----. I note that this certificate is
now over two years old, as per BF2(a)(i). However, considering that the applicant has
general y remained in New Zealand operating the business since the grant of the EWV (as
per BF2.5) I am satisfied that the applicant continues to meet the requirements at BH2.10.
The SA partner has not provided any evidence of English ability, but has indicated that they
will pre-purchase ESOL tuition, as per BH2.10(b) and BF1.1(a)(ii).
------------ is under the age of 16 and is therefore not required to provide evidence of English
language ability, as per BF1.1(a).
On the above basis, I am satisfied that ------------ meets the requirements at BH2.10, but ------
-- is required to provide evidence that they meet the minimum standard of English language
ability or pre-purchase ESOL tuition.
R2.1(b)(i) & R2.1.15 – Partnership
I am satisfied that the partnership between the PA and SA partner meets the minimum
requirements for the recognition of partnerships set out at F2.15.
The partner is eligible to be included in this application as they are legally married to the
PA/in a civil union partnership with the PA/in a de facto relationship with the PA.
The fol owing evidence has been provided to show that the PA and SA partner have been
living together in a genuine and stable partnership for at least 12 months:
• Marriage certificate dated --/--/----
8
• Evidence of joint bank accounts operated reasonably frequently, from --/---- to --/----
• Utility bil s/letters addressed to the PA and partner at the same address, dated from
--/---- to --/----
• Tenancy agreement dated --/--/---- detailing the PA and partner as tenants
• Agreement for purchase of residence, dated --/--/----
• Copy of freehold register showing PA and partner as proprietors
• Evidence of joint insurance policy, dated --/--/----
• Evidence of joint assets (----------------------------)
• Letter from child’s school jointly addressed, dated --/--/----
• Letters of support from friends and family
• Family photographs
• Facebook screenshots
• WeChat records
• Birth certificates of dependent children
• Tickets from shared travel/activities
From the evidence provided, I am satisfied that sufficient evidence of a genuine and stable
partnership has been provided. I am satisfied that the partnership has been entered into
with the intention of being maintained on a long-term and exclusive basis, and that the
applicants have demonstrated that the partnership is likely to endure.
I am satisfied that the applicants have been living together for a period of at least 12
months. I note that the SA partner has spent a total of --- days in New Zealand since the
grant of the LTBV/EWV. The SA partner is currently in New Zealand, having most recently
travelled on --/--/----.
I am also satisfied that based on the evidence provided that the applicants are currently
living together.
OR
I am not satisfied that the applicants are currently living together, but I have been provided
with evidence of a genuine and compel ing reason (--------------------------------), as per F2.30.1.
I am satisfied that the evidence they have presented regarding their relationship is credible.
Based on the evidence provided, I am satisfied that the applicants are currently living
together in a genuine and stable relationship and have been for at least 12 months. I am
satisfied that the SA partner meets the requirements at R2.1.15.
R2.1(b)(i ) & R2.1.27 – Dependent children and custody
I am satisfied that ---- meets the definition of a dependent child as per R2.1.30, being
aged 17 or younger and single
9
O R aged 18 to 20 single and with no children of their own
OR aged 21 to 24, with no children of their own, single, and totally or substantially reliant on
the PA or the PA’s partner for financial support.
A full birth certificate has been provided showing the relationship between the
child/children, the PA, and the SA partner, as per R2.1.40(a).
OR
A full birth certificate has been provided showing the relationship between the
child/children and the PA, as per R2.1.40(a). The PA is separated/divorced from the
child/children’s other parent. The PA has provided:
• legal documents showing that the PA has custody of the child/children and the sole
right to determine the place of residence of the child/children, without rights of
visitation by the other parent
• a court order permitting the applicant to remove the child/children from the country
of residence
• legal documents showing that the PA has custody of the child/children and a signed
statement from the other parent, witnessed in accordance with local practice or law,
agreeing to allow the child/children to live in New Zealand if the application is
approved.
OR
A full birth certificate has been provided showing the relationship between the
child/children and the PA, as per R2.1.40(a). The child/children’s other parent is not
included in the application (but is not separated/divorced from the PA). The PA has
provided:
• a court order permitting the applicant to remove the child from its country of
residence
• a written statement from the other parent agreeing to al ow the child/children to
live in New Zealand if the application is approved, which I confirmed in telephone
interviews with the PA on --/--/---- and the other parent on --/--/----.
I am satisfied that ------ meets the requirements at R2.1.27.
BH2.1(e) & BM – Requirement to be a fit and proper person
I have seen no indication that any business the PA has influence over has ever been
noncompliant with any relevant immigration, employment or taxation laws. A Google search
and Companies’ Office search of the PA have not revealed any concerns.
10
I am satisfied that the PA has never been investigated by the Serious Fraud Office or the
New Zealand police for any offences arising in the course of, or resulting from, business
dealings. I note that there are no AMS alerts on the PA or the business related to any
investigations or civil proceedings.
The PA has provided a police certificate from --------------. Based on the information available
on this certificate and the NZPC, I am satisfied that the PA has never been convicted of an
offense involving dishonesty.
I have seen no indication that the PA has ever been involved in business fraud or financial
impropriety.
Based on the above, I am satisfied that the PA meets the requirements at BM1 to be
considered a ‘fit and proper’ person, and therefore I am satisfied that they have met the
requirements at BH2.1(e).
BH2.15 Character
I have confirmed that the PA has fully completed the ‘character ‘section of the application
form.
Provided were as follows:
------------
•
----- PC dated --/--/----
☐ Valid and clear
•
----- PC dated --/--/----
☐ Valid and clear
•
NZPC dated --/--/----
☐ Valid and clear
------------
•
----- PC dated --/--/----
☐ Valid and clear
•
----- PC dated --/--/----
☐ Valid and clear
•
NZPC dated --/--/----
☐ Valid and clear
I am satisfied all applicants meet the requirements at BH2.15 and A5.1.
BH2.15 Health
The PA and secondary applicants have declared no medical conditions which might require
renal dialysis, hospital care, residential care, or special education services.
Provided were as follows:
-------------
• Valid medical dated --/--/---- and x-ray dated --/--/----
☐
ASH
11
-------------
• Valid medical dated --/--/---- and x-ray dated --/--/----
☐
ASH
I am satisfied the applicants meet the requirements at BH2.15 and A4.10.
Identity
I have confirmed the applicants’ identity by cross referencing documents/information on file
with the information available in AMS. I have cross-referenced the birth certificate details
with the passport.
I have checked AMS travel records and confirmed the applicant’s current passport has been
used to cross the border.
I have confirmed the authenticity of the passport using a manual MRZ check.
OR
I have confirmed the authenticity of the passport by scanning the passport and receiving an
authentic result.
I am satisfied that the identity is recorded correctly in AMS and that the risk has been
mitigated with regards to identity.
Risk and Verification
A Google search on the business has not revealed any concerns relating to the business.
Numerous documents have been provided to show business establishment (listed above).
There are no active or expired alerts/information warnings against the applicants, the
advisor or the business on AMS.
Or
I note that there are expired alert/s on one of the applicants/advisor/business, I have
considered the surround circumstances regarding these alerts however given their nature
and that they are expired I am satisfied they pose no risk to the application.
I have completed a first tier risk assessment and am satisfied that a second tier referral is not
required.
Crism completed on --/--/----
☐
No concern
NSC clearance dated --/--/----
☐
No concern
12
I have verified the IELTS certificate provided by ------- using the online TRF query check, and
am satisfied that it is genuine.
I have conducted a verification phone cal to the business on --/--/----. I identified myself as
an immigration officer. I spoke with --------, regarding --------. No concerns were raised.
[Discuss any other verification here]
I am satisfied all the potential risks have been mitigated in the assessment and verification
process.
Summary
I am satisfied as follows:
• The PA has demonstrated that they have successfully established a business in New
Zealand that realises the benefits outlined in their business plan, and have operated
that business for at least six months, as per BH2.1(a)(ii)
• The PA has demonstrated that they have been self-employed in their business for at
least six months, as per BH2.1.5(a)(i) and BH4.1(b)
• The PA held an Entrepreneur Work Visa or a Long Term Business Visa at the time the
residence visa application was lodged, as per BH2.1.5(a)(iv)
• The PA has demonstrated that the business is benefiting New Zealand significantly
through employment creation, as per BH2.1(b) and BH4.10(a)
• The PA has demonstrated that they have created at least three ongoing and
sustainable full time jobs for New Zealand citizens or residents, as per BH2.1.5(a)(iii)
• The PA has demonstrated that the business is benefiting New Zealand significantly
by trading profitably on the date of lodgement, as per BH2.1(b) and BH4.10(b)
• There is no indication that the business has failed to comply with employment and
immigration law, as per BH2.1(c) and BH2.5
• The PA has demonstrated that the same or greater amount of capital has been
invested in the business as outlined in the business plan, as per BH2.1(d)
• The PA has demonstrated that they have made a capital investment of at least
NZ$500,000 in their business, as per BH2.1.5(a)(i )
• The PA meets the fit and proper person requirements set out at BM1, as per
BH2.1(e)
• The business is consistent with the business proposal in respect of which the PA was
granted a work visa, as per BH3.1
• There is no indication that the applicants may have applied for and been granted
welfare assistance, as per BH2.25
13
• The applicants have met the standard health, character, partnership, dependency,
and English language requirements, as per BH2.15, A4.10, A5.1, R2.1.15, R2.1.27,
and BH2.10
In conclusion, the application meets instructions under the Entrepreneur Residence Visa
category.
Decision: APPROVED – subject to payment of ESOL tuition and submission of passports
The date on which the PA first complied with the conditions at BH7.10 was --/--/---- [the
latest of the three dates you have noted for self-employment, employment, and
investment]. Therefore (provided the PA maintains self-employment, employment, and
investment for a continuous period after the grant of this residence visa) the date on which
the PA is eligible to have their conditions lifted is --/--/--- [two years from the date above.
Make sure to add this applicant to the condition reminder spreadsheet].
--------------------------------------------------------------------
OR
Decision: DECLINED
I have also considered the application against the criteria of other residence categories.
However, based on the information provided, the PA does not appear to have met the
requirements of any other residence category.
------------
Business Immigration Specialist
Date: --/--/----
--------------------------------------------------------------------
2PC:
Date:
14
Entrepreneur Residence Visa Application – 2 Year Category
Application number: -----------------
Name
Client Number
Date of Birth
Principal Applicant ------------------
------------------
--/--/----
Partner
------------------
------------------
--/--/----
Dependent Child
------------------
------------------
--/--/----
Dependent Child
------------------
------------------
--/--/----
Lodgement Date: --/--/----
Business Name: -------------------------------------
Applicable Policy
This Entrepreneur Residence Visa application was lodged on --/--/----. The immigration
instructions which are applicable to this application are under Entrepreneur BH and are the
instructions which are in force at the date of lodgement.
Business Outline and Application Background
The applicants were first granted an LTBV/EWV on --/--/----. The proposed business plan was
to --------------------------------------------. The business plan proposed that the applicant would
invest $----------------.
The PA incorporated the company --------------------------------- on --/--/----. The PA holds --% of
shares. The other shares are held by -------------------------------------. Evidence (---------------------
-----) has been provided to show that the business began operating on --/--/----.
The standard financial reporting period of 01 April – 31 March aligns reasonably well with
the actual operating years of the business, so I recognise the 2016 financial year as year 1,
and the 2017 financial year as year 2.
OR
As the standard financial reporting period of 01 April – 31 March does not align with the
actual operating years of the business, I have been provided with financial statements for
the 2016 and 2017 years ending in the month of -------------. I therefore recognise that the
year ended ------- 2016 is year 1, and the year ended --------- is year 2.
1
T he applicants were granted the ‘balance’ of their LTBV/EWV on --/--/----. The applicants
were given an LTBV/EWV which is valid until --/--/----.
BH4.1 & BH2.1.1 – Criteria for successfully establishing a business in New Zealand &
Requirements for applicants who have operated a business for at least two years
The fol owing documents have been sighted as evidence of establishing a business in New
Zealand which has been operating for at least two years:
• Certificate of incorporation
• Deed of lease for the business premises
• Financial statements of the company for years ended 2015, 2016, and 2017
• Business bank statements
• Business invoices
• Staff employment agreements
• Employer monthly schedules from --/20-- to --/20--
• MPI registration
• Export documentation
• GST reports --/20-- to --/20--
• Agreement for purchase of the business
• Examples of marketing
• Business profile
• Supporting letters
• Business and stock photos
At the time of lodgement, the PA held an LTBV/EWV/Specific Purpose Work Visa/Essential
Skills Work Visa which allowed self-employment.
The PA has been in New Zealand for XX days in the two years directly prior to the lodgement
of this application (xx/xx/xxxx - xx/xx/xxxx).
A verification phone call (detailed in the ‘Risk & Verification’ section below) was conducted
on --/--/----. The PA was present at the business and was able to discuss the business
activities they perform on a daily basis. The information provided during the phone call was
consistent with the information provided in the application.
31/03/2017
31/03/2018
Revenue
$ ----
$ ----
Net profit/(loss)
$ ----
$ ----
Shareholder salary
$ ----
$ ----
This level of profit and shareholder salaries suggests that the business has progressed to a
position of self-support. This level of revenue would suggest that the PA has been actively
involved in the business for at least two years.
2
E vidence that the PA has been full time involved in the management and operation of their
business over two years is:
• Staff employment agreements signed by the PA
• Emails from the PA to -------------
• Lease agreement signed by the PA
• Evidence of staff communication with the PA
• Export documentation showing PA’s name
Given the above, I am satisfied that the PA has successfully established a business in New
Zealand in which they have been self-employed for at least two years, and that they have
met the requirements at BH4.1, BH2.1.1, and BB6.1.15.
BH2.1(d) – Capital investment
The capital investment proposed in the original
LTBV/EWV business plan was $----------.
Business Plan
Actual
--------------------
$ ----
$ ----
--------------------
$ ----
$ ----
--------------------
$ ----
$ ----
--------------------
$ ----
$ ----
Total
$ ----
$ ----
(use the fol owing in green if the nominated fund transfer was checked with
balance/interim application and was not an issue)
The nominated funds/assets proposed as capital investment have been accepted at EWV
Balance stage.
I have checked that the proposed capital funds have been transferred to the PA’s business
account.
The shareholder’s current account balance for the (first year) financial year is $---------. This
balance indicates that the proposed capital funds have been introduced in the business. I
am
satisfied / not satisfied that the funds introduced in the business have been ful y used in
the establishment and operation of the business. I am also
satisfied / not satisfied that the
applicants did not withdraw the initial nominated funds before the funds have been ful y
used in the business
. [State reasons if not satisfied.]
(Complete the below in section green if the EWV Balance was declined on the funds
transfer)
The funds which were initially nominated at EWV were:
Funds
Bank Account Number/Details of Asset
Value
------
------
------
3
I have confirmed that the capital investment transferred to the business has come from the
initially nominated funds.
The shareholder’s current account balance for the (first year) financial year is $---------. This
balance indicates that the proposed capital funds have been introduced in the business. I
am
satisfied / not satisfied that the funds introduced in the business have been ful y used in
the establishment and operation of the business. I am also
satisfied / I am not satisfied that
the applicants did not withdraw the initial nominated funds before the funds have been
fully used in the business.
[State reasons if not satisfied.]
[If the PA has put money into the business in a different way, e.g. share capital, note this
here]
I am
satisfied / not satisfied that the capital investment invested in the business meets the
definition at BB3.5.10 and that the PA has met the requirements at BH2.1(d).
BH4.10(a) – Requirement for a business to be considered to add significant benefit to New
Zealand by promoting New Zealand’s economic growth
In the initial LTBV/EWV application, the PA proposed that their business would benefit New
Zealand through
employment creation/-------------.
The PA proposed that their business would create employment for an additional --- full time
and --- part time employees.
The PA has provided employment agreements for – employees, as well as evidence of
immigration status showing that – of the employees are New Zealand residents or citizens.
Employment agreements have been provided for the fol owing staff:
Name
Immigration Status
Type of
Date of
Salary
Agreement
Employment
NZ Resident / NZ Full time / --/--/---- until $ ----
Citizen / NZ
Part time / --/--/----
Permanent Resident Casual
NZ Resident / NZ Full time / --/--/---- until $ ----
Citizen / NZ
Part time / --/--/----
Permanent Resident Casual
The financial statements for year end 201- show wages of $---------. The employer monthly
schedules for 04/201- to 03/201- show wages of $--------. I am satisfied that there is no
meaningful discrepancy between these two figures.
4
B ased on the information in the employer monthly schedules, it appears that ---------------
and --------------------- are currently employed by the business.
As this business was already established before the PA purchased it, the PA must
demonstrate employment creation on top of the employment level which existed prior to
their purchase of the business.
The financial information for the previous business owner shows that in the year ended --/--
/---- the business paid wages of $-----.
The employer monthly schedules showed – full time and – part time positions in the
previous business.
OR
The financial information for the previous business owner shows that in the year ended --/--
/---- the business paid wages of $-----.
It does not appear that there was any sustained employment offered before the PA
purchased the business.
I am satisfied that the employment created meets the definition at BB6.1.25.
In my phone cal to the business on --/--/----, I was able to speak with ---------- and ------------.
They were able to describe their roles and hours. They were aware of what the PA does. The
information they gave was consistent with the information the PA gave.
On the above basis, I am satisfied that the business can be considered to add significant
benefit to New Zealand by creating sustained and ongoing full time employment for one or
more New Zealand citizens, and that the PA meets the requirements at BH4.10(a).
OR
Although the applicant has not provided evidence demonstrating the business is benefiting
NZ through ---------- as proposed in the approved business plan; I, however, note that the
evidence (I.E.-----------) clearly shows that the business has been doing ------- and --------.
Therefore, I am satisfied that the business is benefiting NZ through --------- as per BH 4.10 a.
(i – vi, need to be specified).
BH4.10(b) – Requirement to be trading profitably on the date of lodgement
The financial statements for year end 201- show revenue of $---------. The GST returns for
04/201- to 03/201- show sales of $--------. I am satisfied that there is no meaningful
discrepancy between these two figures.
I consider the level of accounts receivable ($------------) credible given the nature of the
business. I am satisfied that this is genuine revenue.
5
I note that the business was meeting or exceeding the forecasted annual turnover from the
original business plan at lodgement, as per BB6.1.40(a).
OR
I note that the business was not meeting or exceeding the forecasted annual turnover from
the original business plan at lodgement as per BB6.1.40(a); however, as per BH4.10(b), I am
satisfied that the business clearly has the potential to do so within 12 months. This is
because ---------------------------.
Revenue
Business Plan
Actual
Year 1
$ ----
$ ----
Year 2
$ ----
$ ----
Year 3
$ ----
$ ----/In progress
I note that the business was meeting or exceeding their assessment from the points scale at
BB3.10(d) at lodgement, as per BB6.1.40(a).
OR
I note that the business was not meeting or exceeding their assessment from the points
scale at BB3.10(d) at lodgement, as per BB6.1.40(a); however, as per BH4.10(b), I am
satisfied that the business clearly has the potential to do so within 12 months. This is
because ---------------------------.
Points awarded at Points as per actual
EWV stage
performance
Relevant self-employment
--
--
Other self-employment
--
--
Relevant senior management experience
--
--
New full time employment creation
--
--
Approved export business (based on annual --
--
turnover)
Unique or new products or services to New --
--
Zealand
Capital investment
--
--
Age at lodgement
--
--
Business based outside Auckland
--
--
I note that the business was making sufficient profit to enable the PA to pay themselves at
least the minimum wage per annum at lodgement, as per BB6.1.40(b).
OR
I note that the business was not making sufficient profit to enable the PA to pay themselves
at least the minimum wage per annum at lodgement, as per BB6.1.40(b); however, as per
6
B H4.10(b), I am satisfied that the business clearly has the potential to do so within 12
months.
Net profit
Business Plan
Actual
Year 1
$ ----
$ ----
Year 2
$ ----
$ ----
Year 3
$ ----
$ ----/In progress
Shareholder salary
Business Plan
Actual
Year 1
$ ----
$ ----
Year 2
$ ----
$ ----
Year 3
$ ----
$ ----/In progress
Based on the above, I am satisfied that the PA has met the requirements at BH4.10(b),
BB6.1.40(a) and BB6.1.40(b).
BH3.1 – Consistency with business proposal
As per BH3.1(a), I am satisfied that the business is consistent in nature (i.e. -----) with the
business proposal in respect of which the applicant was granted a work visa. I am also
satisfied that the business is general y consistent in size and scale with what was proposed
in the original business plan.
I note that there are some aspects of the business which are inconsistent with the original
business plan (--------------------------------------------). However, I also note that these
inconsistencies are not significant enough to consider that the business is fundamental y a
different business to what was proposed at EWV/LTBV stage.
As per BH3.1(c), I am satisfied that all of the goals proposed in the business plan have been
met.
On the above basis, I am satisfied that the PA has met the requirements at BH3.1.
BH2.5 – Compliance with employment and immigration law
I note that the employment agreements are in compliance with relevant legislation, and
that the employer monthly schedules show that the business has paid the employees
according to their agreements.
I do not see any indication to suggest the applicant is not compliant with record keeping
requirements, as per the Employment Relations Act and Holidays Act. (Best practice -
request the time and wage records – delete this sentence)
I have seen no indication that there has been any failure to comply with relevant
employment or immigration law in force in New Zealand, as described at BH2.5(a).
7
I am satisfied that the PA has met the requirements at BH2.5.
BH2.25 – Applicants must not have accessed welfare assistance
I have seen no indication that the PA, SA partner, or dependent child/children may have
applied for and been granted welfare assistance under the Social Security Act 1964 while in
New Zealand during the currency of their temporary visas.
The PA has provided evidence of their personal funds/earnings.
I am satisfied that the applicants have met the requirements at BH2.25.
BH2.10 – English language requirements
The PA has provided an IELTS certificate with their original LTBV/EWV application. The
certificate detailed an overall band score of ----, and was issued on ------. I note that this
certificate is now over two years old, as per BF2(a)(i). However, considering that the
applicant has general y remained in New Zealand operating the business since the grant of
the LTBV/EWV (as per BF2.5) I am satisfied that the applicant continues to meet the
requirements at BH2.10.
The SA partner has not provided any evidence of English ability, but has indicated that they
will pre-purchase ESOL tuition, as per BH2.10(b) and BF1.1(a)(ii).
------------ is under the age of 16 and is therefore not required to provide evidence of English
language ability, as per BF1.1(a).
On the above basis, I am satisfied that ------------ and ---------- meet the requirements at
BH2.10, but -------- is required to provide evidence that they meet the minimum standard of
English language ability or pre-purchase ESOL tuition.
R2.1(b)(i) & R2.1.15 – Partnership
I am satisfied that the partnership between the PA and SA partner meets the minimum
requirements for the recognition of partnerships set out at F2.15.
The partner is eligible to be included in this application as they are legally married to the
PA/in a civil union partnership with the PA/in a de facto relationship with the PA.
The fol owing evidence has been provided to show that the PA and SA partner have been
living together in a genuine and stable partnership for at least 12 months:
• Marriage certificate dated --/--/----
• Evidence of joint bank accounts operated reasonably frequently, from --/---- to --/----
• Utility bil s/letters addressed to the PA and partner at the same address, dated from
--/---- to --/----
8
• Tenancy agreement dated --/--/---- detailing the PA and partner as tenants
• Agreement for purchase of residence, dated --/--/----
• Copy of freehold register showing PA and partner as proprietors
• Evidence of joint insurance policy, dated --/--/----
• Evidence of joint assets (----------------------------)
• Letter from child’s school jointly addressed, dated --/--/----
• Letters of support from friends and family
• Family photographs
• Facebook screenshots
• WeChat records
• Birth certificates of dependent children
• Tickets from shared travel/activities
From the evidence provided, I am satisfied that sufficient evidence of a genuine and stable
partnership has been provided. I am satisfied that the partnership has been entered into
with the intention of being maintained on a long-term and exclusive basis, and that the
applicants have demonstrated that the partnership is likely to endure.
I am satisfied that the applicants have been living together for a period of at least 12
months. I note that the SA partner has spent a total of --- days in New Zealand since the
grant of the LTBV/EWV. The SA partner is currently in New Zealand, having most recently
travelled on --/--/----.
I am also satisfied that based on the evidence provided that the applicants are currently
living together.
OR
I am not satisfied that the applicants are currently living together, but I have been provided
with evidence of a genuine and compel ing reason (--------------------------------), as per F2.30.1.
I am satisfied that the evidence they have presented regarding their relationship is credible.
Based on the evidence provided, I am satisfied that the applicants are currently living
together in a genuine and stable relationship and have been for at least 12 months. I am
satisfied that the SA partner meets the requirements at R2.1.15.
OR
Given the reasons above, I am unable to be satisfied that the PA and the partner are
meeting the partnership requirements
R2.1(b)(i ) & R2.1.27 – Dependent children and custody
I am satisfied that ---- meets the definition of a dependent child as per R2.1.30, being
9
ag
ed 17 or younger and single
OR aged 18 to 20 single and with no children of their own
OR aged 21 to 24, with no children of their own, single, and totally or substantially reliant on
the PA or the PA’s partner for financial support.
A full birth certificate has been provided showing the relationship between the
child/children, the PA, and the SA partner, as per R2.1.40(a).
OR
A full birth certificate has been provided showing the relationship between the
child/children and the PA, as per R2.1.40(a). The PA is separated/divorced from the
child/children’s other parent. The PA has provided:
• legal documents showing that the PA has custody of the child/children and the sole
right to determine the place of residence of the child/children, without rights of
visitation by the other parent, as per R2.1.45(c)(i)
• a court order permitting the applicant to remove the child/children from the country
of residence, as per R2.1.45(c)(ii)
• legal documents showing that the PA has custody of the child/children and a signed
statement from the other parent, witnessed in accordance with local practice or law,
agreeing to allow the child/children to live in New Zealand if the application is
approved, as per R2.1.45(c)(ii )
OR
A full birth certificate has been provided showing the relationship between the
child/children and the PA, as per R2.1.40(a). The child/children’s other parent is not
included in the application (but is not separated/divorced from the PA). The PA has
provided:
• a court order permitting the applicant to remove the child from its country of
residence
• a written statement from the other parent agreeing to al ow the child/children to
live in New Zealand if the application is approved, which I confirmed in telephone
interviews with the PA on --/--/---- and the other parent on --/--/----.
I am satisfied that ------ meets the requirements at R2.1.27.
BH2.1(e) & BM – Requirement to be a fit and proper person
I have seen no indication that any business the PA has influence over has ever been
noncompliant with any relevant immigration, employment or taxation laws. A Google search
and Companies’ Office search of the PA have not revealed any concerns.
10
I am satisfied that the PA has never been investigated by the Serious Fraud Office or the
New Zealand police for any offences arising in the course of, or resulting from, business
dealings. I note that there are no AMS alerts on the PA or the business related to any
investigations or civil proceedings.
The PA has provided a police certificate from --------------. Based on the information available
on this certificate and the NZPC, I am satisfied that the PA has never been convicted of an
offense involving dishonesty.
I have seen no indication that the PA has ever been involved in business fraud or financial
impropriety.
Based on the above, I am satisfied that the PA meets the requirements at BM1 to be
considered a ‘fit and proper’ person, and therefore I am satisfied that they have met the
requirements at BH2.1(e).
BH2.15 Character
I have confirmed that the PA has fully completed the ‘character ‘section of the application
form.
Provided were as follows:
------------
•
----- PC dated --/--/----
☐ Valid and clear
•
----- PC dated --/--/----
☐ Valid and clear
•
NZPC dated --/--/----
☐ Valid and clear
------------
•
----- PC dated --/--/----
☐ Valid and clear
•
----- PC dated --/--/----
☐ Valid and clear
•
NZPC dated --/--/----
☐ Valid and clear
DA1 and DA2 are not required to provide police certificates as per A5.5 as they were under
the age of 17 years old at the date this application was lodged.
The applicant has declared in the Application Form that he had never been convicted nor
found guilty of any offence against the law in any country. They have also indicated that
they are not currently under investigation or wanted by any law enforcement agency in any
country. Further, the applicant has stated they have never been excluded, refused entry,
removed or deported from any country, including New Zealand.
11
I am satisfied all applicants meet the requirements at BH2.15 and A5.1.
BH2.15 Health
The PA and secondary applicants have declared no medical conditions which might require
renal dialysis, hospital care, residential care, or special education services.
Provided were as follows:
-------------
• Valid medical dated --/--/---- and x-ray dated --/--/----
☐
ASH
-------------
• Valid medical dated --/--/---- and x-ray dated --/--/----
☐
ASH
---------- /& -------- is/are under the age of 11 and as per A4.20(a) is/are not required to have
an X-ray examination. [Note: However if the dependant turns 11 while the application is
being assessed, please request for an X-ray to be carried out].
The applicants have declared in the application form that they have never required dialysis
treatment and are not likely to require dialysis treatment in the immediate future. They
have also indicated that they have never had tuberculosis, may require hospital care or have
a physical incapacity that requires full-time care. (Further, the applicant has stated that no
dependent child in this application requires special education services.)
I am satisfied the applicants meet the requirements at BH2.15 and A4.10.
Identity
I have confirmed the applicants’ identities by cross referencing documents/information on
file with the information available in AMS. I have cross-referenced the birth certificate
details with the passports.
I have checked AMS travel records and confirmed the applicants’ current passports have
been used to cross the border.
I have confirmed the authenticity of the passports using a manual MRZ check.
OR
I have confirmed the authenticity of the passports by checking they have been scanned and
have received authentic results.
12
I am satisfied that the identities are recorded correctly in AMS and that the risk has been
mitigated with regards to identity.
Risk and Verification
A Google search on the business has not revealed any concerns relating to the business.
Numerous documents have been provided to show business establishment (listed above).
There are no active or expired alerts/information warnings against the applicants, the
advisor or the business on AMS.
Or
I note that there are expired alert/s on one of the applicants/advisor/business, I have
considered the surrounding circumstances regarding these alerts however given their
nature and that they are expired I am satisfied they pose no risk to the application.
I have completed a first tier risk assessment and am satisfied that a second tier referral is
not required.
Risk rating dated --/--/----
☐
None
NSC clearance dated --/--/----
☐
No concern
I have verified the IELTS certificate provided by ------- using the online TRF query check, and
am satisfied that it is genuine.
I have conducted a verification phone cal to the business on --/--/----. I identified myself as
an immigration officer. I spoke with --------, regarding --------. No concerns were raised.
[Discuss any other verification here]
I am satisfied all the potential risks have been mitigated in the assessment and verification
process.
Summary
I am satisfied as follows:
• The PA has demonstrated that they have successfully established a business in New
Zealand that realises the benefits outlined in their business plan, and have operated
that business for at least two years, as per BH2.1(a).
• The PA has demonstrated that they have been self-employed in their business for
the two years before lodgement, as per BH2.1(a)(i) and BH4.1(a).
• The PA has demonstrated that the business is benefiting New Zealand significantly
through employment creation, as per BH2.1(b) and BH4.10(a).
13
• The PA has demonstrated that the business is benefiting New Zealand significantly
by trading profitably on the date of lodgement, as per BH2.1(b) and BH4.10(b).
• There is no indication that the business has failed to comply with employment and
immigration law, as per BH2.1(c) and BH2.5.
• The PA has demonstrated that the same or greater amount of capital has been
invested in the business as outlined in the business plan, as per BH2.1(d).
• The PA meets the fit and proper person requirements set out at BM1, as per
BH2.1(e).
• The business is consistent with the business proposal in respect of which the PA was
granted a work visa, as per BH3.1.
• There is no indication that the applicants may have applied for and been granted
welfare assistance, as per BH2.25.
• The applicants have met the standard health, character, partnership, dependency,
and English language requirements, as per BH2.15, A4.10, A5.1, R2.1.15, R2.1.27,
and BH2.10.
I am not satisfied as follows:
• The PA has demonstrated that they have been self-employed in their business for
the two years before lodgement, as per BH2.1(a)(i) and BH4.1(a).
• The PA has demonstrated that the business is benefiting New Zealand significantly
through employment creation, as per BH2.1(b) and BH4.10(a).
• The PA has demonstrated that the business is benefitting New Zealand significantly
by trading profitably by meeting or exceeding the forecasted annual turnover on the
date the application is lodged, as per BH4.10(b) and BB6.1.40(a).
• The PA has demonstrated that the business is benefitting New Zealand significantly
by trading profitably by meeting or exceeding the assessment from the points scale
on the date the application is lodged, as per BH4.10(b) and BB6.1.40(a).
• The PA has demonstrated that the business is benefitting New Zealand significantly
by trading profitably by making sufficient profit to enable the principal applicant to
pay themselves at least the minimum wage per annum on the date the application is
lodged, as per BH4.10(b) and BB6.1.40(b) .
• The PA has demonstrated that the business is benefitting New Zealand significantly
by trading profitably through clearly having the potential to become “profitable” by
meeting or exceeding the forecasted annual turnover within the 12 months
fol owing the lodgement of the resident application, as per BH4.10(b) and
BB6.1.40(a).
• The PA has demonstrated that the business is benefitting New Zealand significantly
by trading profitably through clearly having the potential to become “profitable” by
meeting or exceeding the assessment from the points scale within the 12 months
fol owing the lodgement of the resident application, as per BH4.10(b) and
BB6.1.40(a) .
• The PA has demonstrated that the business is benefitting New Zealand significantly
by trading profitably through clearly having the potential to become “profitable” by
14
making sufficient profit to enable the principal applicant to pay themselves at least
the minimum wage per annum within the 12 months fol owing the lodgement of the
resident application, as per BH4.10(b) and BB6.1.40(b).
• The business has complied with employment and immigration law, as per BH2.1(c)
and BH2.5.
• The PA has demonstrated that the same or greater amount of capital has been
invested in the business as outlined in the business plan, as per BH2.1(d).
• The PA meets the fit and proper person requirements set out at BM1, as per
BH2.1(e).
• The business is consistent with the business proposal in respect of which the PA was
granted a work visa, as per BH3.1.
• The applicants have not applied for and been granted welfare assistance, as per
BH2.25.
• The applicants have met the standard health, character, partnership, dependency,
and English language requirements, as per BH2.15, A4.10, A5.1, R2.1.15, R2.1.27,
and BH2.10.
In conclusion, the application meets/does not meet instructions under the Entrepreneur
Residence Visa category.
Decision: APPROVED – subject to payment of ESOL tuition
--------------------------------------------------------------------
OR
Decision: DECLINED
I have also considered the application against the criteria of other residence categories.
However, based on the information provided, the PA does not appear to have met the
requirements of any other residence category.
------------
Business Immigration Specialist
Date: --/--/----
--------------------------------------------------------------------
2PC:
Date:
15
Entrepreneur Residence Visa Application – 2 Year Category
Application number: -------------------
Name
Client Number
Date of Birth
Principal Applicant ------------------
------------------
--/--/----
Partner
------------------
------------------
--/--/----
Dependent Child
------------------
------------------
--/--/----
Dependent Child
------------------
------------------
--/--/----
Lodgement Date: --/--/----
Business Name: -------------------------------------
Applicable Policy
This Entrepreneur Residence Visa application was lodged on --/--/----. The immigration
instructions which are applicable to this application are under Entrepreneur BH and are the
instructions which are in force at the date of lodgement.
Business Outline and Application Background
[Explain PA’s visa history (e.g. visa type, periods, etc)
The PA incorporated the company --------------------------------- on --/--/----. The PA holds --% of
shares. The other shares are held by -------------------------------------. Evidence (---------------------
-----) has been provided to show that the business began operating on --/--/----.
The standard financial reporting period of 01 April – 31 March aligns reasonably wel with
the actual operating years of the business, so I recognise the 2016 financial year as year 1,
and the 2017 financial year as year 2.
OR
As the standard financial reporting period of 01 April – 31 March does not align with the
actual operating years of the business, I have been provided with financial statements for
the 2016 and 2017 years ending in the month of -------------. I therefore recognise that the
year ended ------- 2016 is year 1, and the year ended --------- is year 2.
BH4
.1 & BH2.1.1 – Criteria for successfully establishing a business in New Zealand &
Requirements for applicants who have operated a business for at least two years
The fol owing documents have been sighted as evidence of establishing a business in New
Zealand which has been operating for at least two years:
• Certificate of incorporation
• Deed of lease for the business premises
• Financial statements of the company for years ended 2015, 2016, and 2017
• Business bank statements
• Business invoices
• Staff employment agreements
• Employer monthly schedules from --/20-- to --/20--
• MPI registration
• Export documentation
• GST reports --/20-- to --/20--
• Agreement for purchase of the business
• Examples of marketing
• Business profile
• Supporting letters
• Business and stock photos
At the time of lodgement, the PA held a [type of visa (e.g. work visa based on partnership)]
which allowed self-employment.
The PA has been in New Zealand for --- days / more than --- years prior to the date of
lodgement of the ERV application.
A verification phone call (detailed in the ‘Risk & Verification’ section below) was conducted
on --/--/----. The PA was present at the business and was able to discuss the business
activities they perform on a daily basis. The information provided during the phone call was
consistent with the information provided in the application.
31/03/2015
31/03/2016
31/03/2017
Revenue
$ ----
$ ----
$ ----
Net profit/(loss)
$ ----
$ ----
$ ----
Shareholder salary
$ ----
$ ----
$ ----
This level of profit and shareholder salaries suggests that the business has progressed to a
position of self-support. This level of revenue would suggest that the PA has been actively
involved in the business for at least two years.
Evidence that the PA has been full time involved in the management and operation of their
business over two years is:
• Staff employment agreements signed by the PA
• Emails from the PA to -------------
• Lease agreement signed by the PA
• Evidence of staff communication with the PA
• Export documentation showing PA’s name
Given the above, I am satisfied that the PA has successfully established a business in New
Zealand in which they have been self-employed for at least two years, and that they have
met the requirements at BH2.1.1(a), and BB6.1.15.
As the PA does not hold an EWV or LTBV at the date of lodgement, the PA must
demonstrate that they meet the requirements for an Entrepreneur Work Visa set out at
BB3.1.
Assessment of BB3.1
• BB3.1(a) – Capital investment
BH2.1(d) – Capital investment
The capital investment proposed in the original LTBV/EWV business plan was $----------.
Business Plan
Actual
--------------------
$ ----
$ ----
--------------------
$ ----
$ ----
--------------------
$ ----
$ ----
--------------------
$ ----
$ ----
Total
$ ----
$ ----
The funds which were initial y nominated at LTBV/EWV were:
Funds
Bank Account Number/Details of Asset
Value
------
------
------
I have confirmed that the actual capital investment listed above has come from the initially
nominated funds.
I note that the applicant proposed working capital as part of their investment. I have
confirmed that this working capital has now been invested into the business in the form of --
------------.
The shareholder’s current accounts for the 2016 financial year show $---------. The
shareholder’s current accounts for the 2017 financial year show $---------.
[If the PA has put money into the business in a different way, e.g. share capital, note this
here]
I am satisfied the PA has maintained their investment over the LTBV/EWV period and that
they have not disinvested.
I am satisfied that the capital investment demonstrated meets the definition at BB3.5.10
and that the PA has met the requirements at BH2.1(d).
BH4.10(a) – Requirement for a business to be considered to add significant benefit to New
Zealand by promoting New Zealand’s economic growth
In the initial LTBV/EWV application, the PA proposed that their business would benefit New
Zealand through
employment creation/-------------.
The PA proposed that their business would create employment for an additional --- full time
and --- part time employees.
The PA has provided employment agreements for – employees, as well as evidence of
immigration status showing that – of the employees are New Zealand residents or citizens.
Employment agreements have been provided for the fol owing staff:
Name
Immigration Status
Type of
Date of
Salary
Agreement
Employment
NZ Resident / NZ Full time / --/--/---- until $ ----
Citizen / NZ
Part time / --/--/----
Permanent Resident Casual
NZ Resident / NZ Full time / --/--/---- until $ ----
Citizen / NZ
Part time / --/--/----
Permanent Resident Casual
The Financial Statements for year end 201- show wages of $---------. The Employer Monthly
Schedules for 04/201- to 03/201- show wages of $--------. I am satisfied that there is no
meaningful discrepancy between these two figures.
Based on the information in the Employer Monthly Schedules, it appears that ---------------
and --------------------- are currently employed by the business.
As this business was already established before the PA purchased it, the PA must
demonstrate employment creation on top of the employment level which existed prior to
their purchase of the business.
The financial information for the previous business owner shows that in the year ended --/--
/---- the business paid wages of $-----.
The Employer Monthly Schedules showed – full time and – part time positions in the
previous business.
OR
T he financial information for the previous business owner shows that in the year ended --/--
/---- the business paid wages of $-----.
It does not appear that there was any sustained employment offered before the PA
purchased the business.
I am satisfied that the employment created meets the definition at BB6.1.25.
In my phone cal to the business on --/--/----, I was able to speak with ---------- and ------------.
They were able to describe their roles and hours. They were aware of what the PA does. The
information they gave was consistent with the information the PA gave.
On the above basis, I am satisfied that the business can be considered to add significant
benefit to New Zealand by creating sustained and ongoing full time employment for one or
more New Zealand citizens, and that the PA meets the requirements at BH4.10(a).
BH4.10(b) – Requirement to be trading profitably on the date of lodgement
The Financial Statements for year end 201- show revenue of $---------. The GST returns for
04/201- to 03/201- show sales of $--------. I am satisfied that there is no meaningful
discrepancy between these two figures.
I consider the level of accounts receivable ($------------) credible given the nature of the
business. I am satisfied that this is genuine revenue.
I note that the business is currently meeting or exceeding the forecasted annual turnover
from the original business plan as per BB6.1.40(a).
OR
I note that the business is not currently meeting or exceeding the forecasted annual
turnover from the original business plan as per BB6.1.40(a); however as per BH4.10(b) I am
satisfied that the business clearly has the potential to do so within 12 months. This is
because ---------------------------.
Revenue
Business Plan
Actual
Year 1
$ ----
$ ----
Year 2
$ ----
$ ----
Year 3
$ ----
$ ----/In progress
I also note that the business is meeting or exceeding their assessment from the points scale
at BB3.10(d), as per BB6.1.40(a).
OR
I note that the business is not currently meeting or exceeding their assessment from the
points scale at BB3.10(d), as per BB6.1.40(a); however as per BH4.10(b) I am satisfied that
the business clearly has the potential to do so within 12 months. This is because ----------------
-----------.
Points awarded at Points as per actual
EWV stage
performance
Relevant self-employment
--
--
Other self-employment
--
--
Relevant senior management experience
--
--
New full time employment creation
--
--
Approved export business (based on annual --
--
turnover)
Unique or new products or services to New --
--
Zealand
Capital investment
--
--
Age at lodgement
--
--
Business based outside Auckland
--
--
I note that the business is currently making sufficient profit to enable the PA to pay
themselves at least the minimum wage per annum, as per BB6.1.40(b).
OR
I note that the business is not currently making sufficient profit to enable the PA to pay
themselves at least the minimum wage per annum, as per BB6.1.40(b); however as per
BH4.10(b) I am satisfied that the business clearly has the potential to do so within 12
months.
Net profit
Business Plan
Actual
Year 1
$ ----
$ ----
Year 2
$ ----
$ ----
Year 3
$ ----
$ ----/In progress
Shareholder salary
Business Plan
Actual
Year 1
$ ----
$ ----
Year 2
$ ----
$ ----
Year 3
$ ----
$ ----/In progress
Based on the above, I am satisfied that the PA has met the requirements at BH4.10(b),
BB6.1.40(a) and BB6.1.40(b).
B H3.1 – Consistency with business proposal
I am satisfied that the business is consistent in nature (i.e. -----) with the business proposal
in respect of which the applicant was granted a work visa. I am also satisfied that the
business is general y consistent in size and scale with what was proposed in the original
business plan.
The number of employees and level of capital investment are the same or greater than what
was proposed in the business plan.
I note that there are some aspects of the business which are inconsistent with the original
business plan (--------------------------------------------). However, I also note that these
inconsistencies are not significant enough to consider that the business is fundamental y a
different business to what was proposed at EWV/LTBV stage.
On the above basis, I am satisfied that the PA has met the requirements at BH3.1.
BH2.5 – Compliance with employment and immigration law
I have seen no indication that there has been any failure to comply with relevant
employment or immigration law in force in New Zealand, as described at BH2.5(a).
I note that the employment agreements are in compliance with relevant legislation, and
that the Employer Monthly Schedules show that the business has paid the employees
according to their agreements.
I am satisfied that the PA has met the requirements at BH2.5.
BH2.25 – Applicants must not have accessed welfare assistance
I have seen no indication that the PA, SA partner, or dependent child/children may have
applied for and been granted welfare assistance under the Social Security Act 1964 while in
New Zealand during the currency of their temporary visas.
The PA has provided evidence of their personal funds/earnings.
I am satisfied that the applicants have met the requirements at BH2.25.
BH2.10 – English language requirements
The PA has provided an IELTS certificate with their original LTBV/EWV application. The
certificate detailed an overall band score of ----, and was issued on ------. I note that this
certificate is now over two years old, as per BF2(a)(i). However, considering that the
applicant has generally remained in New Zealand operating the business since the grant of
the LTBV/EWV (as per BF2.5) I am satisfied that the applicant continues to meet the
requirements at BH2.10.
T he SA partner has not provided any evidence of English ability, but has indicated that they
will pre-purchase ESOL tuition, as per BH2.10(b) and BF1.1(a)(ii).
------------ is under the age of 16 and is therefore not required to provide evidence of English
language ability, as per BF1.1(a).
On the above basis, I am satisfied that ------------ and ---------- meet the requirements at
BH2.10, but -------- is required to provide evidence that they meet the minimum standard of
English language ability or pre-purchase ESOL tuition.
R2.1(b)(i) & R2.1.15 – Partnership
I am satisfied that the partnership between the PA and SA partner meets the minimum
requirements for the recognition of partnerships set out at F2.15.
The partner is eligible to be included in this application as they are legally married to the
PA/in a civil union partnership with the PA/in a de facto relationship with the PA.
The fol owing evidence has been provided to show that the PA and SA partner have been
living together in a genuine and stable partnership for at least 12 months:
• Marriage certificate dated --/--/----
• Evidence of joint bank accounts operated reasonably frequently, from --/---- to --/----
• Utility bil s/letters addressed to the PA and partner at the same address, dated from
--/---- to --/----
• Tenancy agreement dated --/--/---- detailing the PA and partner as tenants
• Agreement for purchase of residence, dated --/--/----
• Copy of freehold register showing PA and partner as proprietors
• Evidence of joint insurance policy, dated --/--/----
• Evidence of joint assets (----------------------------)
• Letter from child’s school jointly addressed, dated --/--/----
• Letters of support from friends and family
• Family photographs
• Facebook screenshots
• WeChat records
• Birth certificates of dependent children
• Tickets from shared travel/activities
From the evidence provided, I am satisfied that sufficient evidence of a genuine and stable
partnership has been provided. I am satisfied that the partnership has been entered into
with the intention of being maintained on a long-term and exclusive basis, and that the
applicants have demonstrated that the partnership is likely to endure.
I am satisfied that the applicants have been living together for a period of at least 12
months. I note that the SA partner has spent a total of --- days in New Zealand since the
grant of the LTBV/EWV. The SA partner is currently in New Zealand, having most recently
travelled on --/--/----.
I am also satisfied that based on the evidence provided that the applicants are currently
living together.
OR
I am not satisfied that the applicants are currently living together, but I have been provided
with evidence of a genuine and compel ing reason (--------------------------------), as per F2.30.1.
I am satisfied the PA and partner are both credible in both the statements they have made
about the partnership and the evidence they have presented.
Based on the evidence provided, I am satisfied that the applicants are currently living
together in a genuine and stable relationship and have been for at least 12 months. I am
satisfied that the SA partner meets the requirements at R2.1.15.
R2.1(b)(i ) & R2.1.27 – Dependent children and custody
I am satisfied that ---- meets the definition of a dependent child as per R2.1.30, being
aged 17 or younger and single
OR aged 18 to 20 single and with no children of their own
OR aged 21 to 24, with no children of their own, single, and totally or substantially reliant on
the PA or the PA’s partner for financial support.
A full birth certificate has been provided showing the relationship between the
child/children, the PA, and the SA partner, as per R2.1.40(a).
OR
A full birth certificate has been provided showing the relationship between the
child/children and the PA, as per R2.1.40(a). The PA is separated/divorced from the
child/children’s other parent. The PA has provided:
• legal documents showing that the PA has custody of the child/children and the sole
right to determine the place of residence of the child/children, without rights of
visitation by the other parent
• a court order permitting the applicant to remove the child/children from the country
of residence
• legal documents showing that the PA has custody of the child/children and a signed
statement from the other parent, witnessed in accordance with local practice or law,
agreeing to al ow the child/children to live in New Zealand if the application is
approved.
OR
A full birth certificate has been provided showing the relationship between the
child/children and the PA, as per R2.1.40(a). The child/children’s other parent is not
included in the application (but is not separated/divorced from the PA). The PA has
provided:
• a court order permitting the applicant to remove the child from its country of
residence
• a written statement from the other parent agreeing to al ow the child/children to
live in New Zealand if the application is approved, which I confirmed in telephone
interviews with the PA on --/--/---- and the other parent on --/--/----.
I am satisfied that ------ meets the requirements at R2.1.27.
BH2.1(e) & BM – Requirement to be a fit and proper person
I have seen no indication that any business the PA has influence over has ever been
noncompliant with any relevant immigration, employment or taxation laws. A Google search
and Companies’ Office search of the PA have not revealed any concerns.
I am satisfied that the PA has never been investigated by the Serious Fraud Office or the
New Zealand police for any offences arising in the course of, or resulting from, business
dealings. I note that there are no AMS alerts on the PA or the business related to any
investigations or civil proceedings.
The PA has provided a police certificate from --------------. Based on the information available
on this certificate and the NZPC, I am satisfied that the PA has never been convicted of an
offense involving dishonesty.
I have seen no indication that the PA has ever been involved in business fraud or financial
impropriety.
Based on the above, I am satisfied that the PA meets the requirements at BM1 to be
considered a ‘fit and proper’ person, and therefore I am satisfied that they have met the
requirements at BH2.1(e).
B H2.15 Character
I have confirmed that the PA has fully completed the ‘character ‘section of the application
form.
Provided were as follows:
------------
•
----- PC dated --/--/----
☐
Valid and clear
•
----- PC dated --/--/----
☐
Valid and clear
•
NZPC dated --/--/----
☐ Valid and clear
------------
•
----- PC dated --/--/----
☐
Valid and clear
•
----- PC dated --/--/----
☐
Valid and clear
•
NZPC dated --/--/----
☐ Valid and clear
I am satisfied all applicants meet the requirements at BH2.15 and A5.1.
BH2.15 Health
The PA and secondary applicants have declared no medical conditions which might require
renal dialysis, hospital care, residential care, or special education services.
Provided were as follows:
-------------
• Valid medical dated --/--/---- and x-ray dated --/--/----
☐
ASH
-------------
• Valid medical dated --/--/---- and x-ray dated --/--/----
☐
ASH
I am satisfied the applicants meet the requirements at BH2.15 and A4.10.
Identity
I have confirmed the applicants’ identity by cross referencing documents/information on file
with the information available in AMS. I have cross-referenced the birth certificate details
with the passport.
I have checked AMS travel records and confirmed the applicant’s current passport has been
used to cross the border.
I have confirmed the authenticity of the passport using a manual MRZ check.
OR
I have confirmed the authenticity of the passport by scanning the passport and receiving an
authentic result.
I am satisfied that the identity is recorded correctly in AMS and that the risk has been
mitigated with regards to identity.
Risk and Verification
A Google search on the business has not revealed any concerns relating to the business.
Numerous documents have been provided to show business establishment (listed above).
There are no active or expired alerts/information warnings against the applicants, the
advisor or the business on AMS.
Or
I note that there are expired alert/s on one of the applicants/advisor/business, I have
considered the surround circumstances regarding these alerts however given their nature
and that they are expired I am satisfied they pose no risk to the application.
I have completed a first tier risk assessment and am satisfied that a second tier referral is not
required.
Crism completed on --/--/----
☐
No concern
NSC clearance dated --/--/----
☐
No concern
I have verified the IELTS certificate provided by ------- using the online TRF query check, and
am satisfied that it is genuine.
I have conducted a verification phone cal to the business on --/--/----. I identified myself as
an immigration officer. I spoke with --------, regarding --------. No concerns were raised.
[Discuss any other verification here]
I am satisfied all the potential risks have been mitigated in the assessment and verification
process.
Summary
I am satisfied as follows:
• The PA has demonstrated that they have successfully established a business in New
Zealand that realises the benefits outlined in their business plan, and have operated
that business for at least two years, as per BH2.1(a)
• The PA has demonstrated that they have been self-employed in their business for at
least two years, as per BH2.1(a)(i) and BH4.1(a)
• The PA has demonstrated that the business is benefiting New Zealand significantly
through employment creation, as per BH2.1(b) and BH4.10(a)
• The PA has demonstrated that the business is benefiting New Zealand significantly
by trading profitably on the date of lodgement, as per BH2.1(b) and BH4.10(b)
• There is no indication that the business has failed to comply with employment and
immigration law, as per BH2.1(c) and BH2.5
• The PA has demonstrated that the same or greater amount of capital has been
invested in the business as outlined in the business plan, as per BH2.1(d)
• The PA meets the fit and proper person requirements set out at BM1, as per
BH2.1(e)
• The business is consistent with the business proposal in respect of which the PA was
granted a work visa, as per BH3.1
• There is no indication that the applicants may have applied for and been granted
welfare assistance, as per BH2.25
• The applicants have met the standard health, character, partnership, dependency,
and English language requirements, as per BH2.15, A4.10, A5.1, R2.1.15, R2.1.27,
and BH2.10
In conclusion, the application meets instructions under the Entrepreneur Residence Visa
category.
Decision: APPROVED – subject to payment of ESOL tuition and submission of passports
--------------------------------------------------------------------
OR
Decision: DECLINED
I have also considered the application against the criteria of other residence categories.
However, based on the information provided, the PA does not appear to have met the
requirements of any other residence category.
------------
Business Immigration Specialist
Date: --/--/----
