BRIEFING
Initial advice on immigration settings for Boosting the Tech Sector
Date:
31 July 2024
Priority:
Medium
Security
In Confidence
Tracking
2425-0458
classification:
number:
Action sought
Action sought
Deadline
Hon Erica Stanford
Agree to your preferred approach to 5 August 2024
Minister of Immigration
progressing immigration-focused
commitments for
Boosting the Tech
Sector
Contact for telephone discussion (if required)
Name
Position
Telephone
1st contact
Manager, Immigration (Skills and
Polly Vowles
04 978 3106
✓
Residence) Policy
Senior Policy Advisor, Immigration
Rachel Carruthers
04 830 7379
(Skills and Residence) Policy
Cassandra Liu
Policy Advisor, Immigration (Border 04 901 1598
and Funding) Policy
The following departments/agencies have been consulted
Minister’s office to complete:
Approved
Declined
Noted
Needs change
Seen
Overtaken by Events
See Minister’s Notes
Withdrawn
Comments
BRIEFING
Initial advice on immigration settings for Boosting the Tech Sector
Date:
31 July 2024
Priority:
Medium
Security
In Confidence
Tracking
2425-0458
classification:
number:
Purpose
To provide you with initial advice on progressing the manifesto commitments
Boosting the Tech
Sector, including on the Digital Nomads, International Graduates and Global Growth Tech visas.
Executive summary
The National Party manifesto and 100 day plan sets out commitments on
Boosting the Tech Sector
commitments, including proposing three new visas to support New Zealand’s tech sector (‘tech
visas’):
•
Digital Nomad Visa - a 12-month visa to attract skilled, highly-mobile people to come
to New Zealand while working remotely for an overseas-based company;
•
International Graduates Visa – a three-year open work visa for highly educated
people who have graduated with a bachelor’s degree or higher within the last five years
from one of the top 100 universities in the world; and
•
Global Growth Tech Visa - a residence visa for people with highly specialised skills
who have worked at a top global tech company earning at least NZ$400,000.
We are seeking your direction on how you would like to progress work on these commitments and
have identified two options:
•
Option one: proceed with work on the three bespoke ‘tech visas’. This will take
significant policy and operational resources to deliver. Policy work could progress
throughout 2025, with implementation and delivery from late 2025 (subject to design
and competing priorities); or
•
Option two: deliver a marketing campaign that promotes the visa pathways that are
already available for highly-skilled tech workers, and an amended Visitor Visa for Digital
Nomads.
MBIE recommends the second option. Promoting existing visa pathways in combination with a
minor change to Visitor Visa settings can support most of the
Boosting the Tech Sector objectives,
as we understand them. Previous marketing campaigns have been successful in attracting
international tech sector talent, and this approach could be implemented more quickly and is less
resource intensive than developing three bespoke tech visas.
We note there is a spectrum of scope, scale, reach, and budget of the marketing campaigns. A
marketing campaign could also precede work on bespoke visas and insights gained from the
campaign could inform design.
s 9(2)(f)(iv)
Recommended action
The Ministry of Business, Innovation and Employment recommends that you:
2425-0458
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1
a
Note that the
Boosting the Tech Sector aims to support the growth of the tech sector and
outlines commitments for three bespoke visas:
a. Digital Nomad Visa - a 12-month visa to attract skilled, highly-mobile people to come to
New Zealand while working remotely for an overseas-based company;
b. International Graduates Visa –
a three-year open work visa for highly educated people
who have graduated with a bachelor’s degree or higher within the last five years from
one of the top 100 universities in the world; and
c. Global Growth Tech Visa - a residence visa for people with highly specialised skills who
have worked at a top global tech company earning at least NZ$400,000.
Noted
b
Note that most high-skilled tech workers can come to New Zealand under existing immigration
pathways (including via the Green List, Skilled Migrant Category, or Accredited Employer Work
Visa).
Noted
c
Agree to address the
Boosting the Tech Sector commitments by:
EITHER
Option 1: Implementing the bespoke visas, which will require significant resources and
time to implement, with policy being developed in 2025 and implemented from late 2025
Agree / Disagree / Discuss
OR
Option 2 (recommended): implementing a marketing campaign that promotes the
modified Visitor visa pathway and existing pathways for highly-skilled tech workers and
amending Visitor visa instructions to allow holders to work for an offshore employer.
Agree / Disagree / Discuss
s 9(2)(f)(iv)
e
Agree to forward
a copy of this briefing to the Minister of Science, Innovation and Technology.
Agree / Disagree
Polly Vowles
Hon Erica Stanford
Manager, Immigration (Skills and Residence)
Minister of Immigration
Policy
Labour, Science and Enterprise, MBIE
..... / ...... / ......
31 / 07 / 2024
2425-0458
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Ba ckground
Work on commitments for ‘Boosting the Tech Sector’
1.
The National Party manifesto and 100 day plan sets out commitments on
‘Boosting the Tech
Sector’, including proposing three new visas:
a.
“Digital Nomad Visa” – a 12-month visa to attract skilled, highly-mobile people to come
to New Zealand while working remotely for an overseas-based company. The visa
would provide the option to apply for a work or residence visa later. To be eligible,
applicants must have earned at least NZ$20,000 a month over the previous six months
and must hold health insurance for the duration of their stay.
b.
“International Graduates Visa” – a three-year open work visa for highly educated
people who have graduated with a bachelor’s degree or higher within the last five years
from one of the top 100 universities in the world.
c.
“Global Growth Tech Visa” – a residence visa for people with highly specialised skills
who have worked at a top global tech company earning at least NZ$400,000.
2.
You have previously received advice on these commitments (2324-0904 and 2324-2493
refers, which was forwarded by Hon Judith Collins KC in her capacity as the Minister of
Science, Innovation and Technology).
3.
You met with Minister Collins on 27 March 2024 to discuss the next steps for this work,
noting the competing priorities in the immigration work programme. You agreed that the
progressing the Global Growth Tech Visa would be a priority (Minister Collins has indicated a
desire for work to progress this year), and for work on the Digital Nomad Visa and
International Graduates Visa to follow as capacity allows.
Labour market demand for the New Zealand tech sector
4.
Industry has indicated there is a mismatch between demand and supply for technology skills
in New Zealand’s economy. Senior specialists are identified as the area of greatest shortage.
5.
A lack of graduate roles in the tech sector is impacting the pipeline of talent into the industry.
Employers can be reluctant to take on entry-level staff due to the amount of time and training
that they perceive needs to be invested before those workers can contribute productively.
There may also be an increased ability in the tech sector to automate lower-skilled tasks.
This, combined with few reskilling opportunities available while working and a contractor-
heavy industry structure, has led to a lack of career development opportunities in the tech
sector.
6.
Broader issues in the technology sector include a falling number of students studying STEM,
an unclear alignment between students’ skil s and industry needs, participation barriers for
demographic groups (including Māori and Pacific people), and a general lack of workforce
diversity.
7.
This briefing provides advice on:
a.
our understanding of what the Government is trying to achieve with the
Boosting the
Tech Sector commitments;
b.
the labour market demands these visas are proposing to meet;
c.
what is currently offered to the target demographic via existing pathways, and their
gaps; and
d.
options for short-term and long-term action.
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3
‘Boosting the Tech Sector’ commitments are intended to facilitate
growth of the tech sector
8.
As noted in
2324-1493, we understand that the key objectives of the immigration-focused
tech sector proposals are to attract highly-skilled workers to New Zealand to:
a.
support the tech sector to fill its immediate capability gaps;
b.
contribute to New Zealand’s longer-term tech economy; and
c.
use migrants’ connections, knowledge and skills to help New Zealand firms scale up
and innovate.
9.
We understand that each of the proposed visas seek to support these objectives in different
ways:
a.
Digital Nomad Visa: This is a Visitor visa intended to attract highly-skilled tech
workers for longer temporary stays, by enabling them to continue working in their tech
roles remotely. The intention is that during their stay they may choose to make New
Zealand their home and use their skillsets locally. This visa option may also be used to
support tourism objectives, by maximising the consumption benefits of people visiting,
who would not do so otherwise due to their inability to work remotely. It also reduces
the risk of visitors working in breach of visa conditions.
b.
International Graduates Visa: This is a work visa intended to attract graduates from
the world’s top institutions, where their education credentials wil act as a signal of high
skill, to come to New Zealand to fill immediate capability gaps. The intention is that at
the end of their work visa they seek to remain in New Zealand permanently and
continue to contribute to the growth of the sector.
c.
Global Growth Tech Visa: This is a residence class visa intended to attract highly-
skilled tech workers to live in New Zealand, with the hope that they will use their
connections, knowledge and skills to help New Zealand firms scale up and innovate,
creating a multiplier effect on economic growth (i.e., the high-level talent needed to
become frontier firms) and attracting investors.
The majority of ‘Boosting the Tech Sector’ objectives can be
supported through existing pathways, with a few limitations
10. There are existing visitor, work and residence visas available to tech workers, as well as
migrant workers in other fields. This section will briefly discuss the existing settings,
identifying the gaps with proposals, and indicate where amendments are possible to existing
settings to address these gaps.
Visitor visas
11. The Visitor visa (General) is the main visa for people not eligible for a visa waiver to enter
New Zealand. It enables them to visit New Zealand for up to six or nine months and study for
up to three months, provided they are travelling here for a lawful purpose (such as
holidaying, family and social visits, or participating in amateur sport),1 have sufficient funds or
an acceptable sponsor, and intend to leave New Zealand at the end of their stay. Working
while holding this visa is not permitted.2
1 Per ‘V2.1.1 Definition of 'lawful purpose' for visitors’ in the Immigration Instructions:
https://www.immigration.govt.nz/opsmanual/#44919.htm
2 Per ‘W2.2.1 Definition of ‘work’ in the Immigration Instructions:
https://www.immigration.govt.nz/opsmanual/#46191.htm
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12. By comparison, the proposed Digital Nomad Visa (DNV) would be made available to a
narrower group of people who are highly skilled and have high incomes. It would also enable
holders to work for overseas employers or for their own location-independent business.
13. There is an option to amend existing Visitor Visa instructions to enable holders to work for
offshore employers, instead of pursuing a bespoke DNV. This would be done by amending
the definition of ‘work’ (the prohibited activity) to exclude activity where:
a.
It is for an overseas-based employer;
b.
It is remote (i.e., does not require them to be physically present at a premises in New
Zealand); and
c.
only a portion of their total visit could be spent working.
14. Amending existing Visitor visa requirements would be relatively low risk and meet most of the
objectives for this visa. As well as tech workers, other remote workers would be able to take
advantage of this change and travel New Zealand, which supports the Government’s tourism
objectives by attracting tourists who may not have considered New Zealand as a destination
otherwise. Ensuring visitors work wholly for an offshore employer would mitigate
displacement risks and ensure domestic labour is still prioritised by New Zealand employers.
15. Amending current settings addresses a key problem raised by many stakeholders since
remote work has become more prevalent. We consider that allowing visitors to work remotely
for a portion of their stay is appropriate. Additionally, Visitor visa holders can search for work
in New Zealand while on this visa.
16. Assuming that many people in this group will also want to holiday as well as work, our view is
that a bespoke visa would be resource-intensive without offering significant value. Further
work would be needed to understand the tax implications for visitors working for an offshore
employer.
Work visas
17. Most migrants who are looking to work in New Zealand would seek an Accredited Employer
Work Visa (AEWV), which allows visa holders to stay in New Zealand for up to five years.
Eligible applicants can apply for residence while onshore on this visa.
18. The AEWV requires holders to have a job offer from an accredited employer which pays at
least NZD$29.66 per hour or the salary equivalent. Applicants must meet minimum skill
requirements (either three years or more relevant work experience or a Level 4 or higher
qualification on New Zealand Qualifications and Credentials Framework), and in some cases
minimum English language standards.
19. Those who are looking to start their own business in New Zealand may also come on an
Entrepreneur Work Visa, which allows them to stay for up to three years. Eligibility
requirements include having NZD$100,000, a business plan and 120 points on the points
scale (points are awarded based on the applicant’s age, capital investment, business
experience and nature of proposed business). Visa holders may have a pathway to
residence through the Entrepreneur Resident Visa.
20. By comparison, the International Graduates Visa (IGV) would be an open work visa which
would be available to a targeted group of people and uses education credentials as a signal
of high skill. The key differences compared to the AEWV are that the IGV offers more
generous work rights and a job offer is not required.
21. Again, a new visa would be required to provide these benefits. The proposed design of the
IGV (basing eligibility on the education institution) means that people with desirable tech
skillsets from other institutions would not be able to use of the pathway. Additionally,
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graduates with any qualification from these institutions could access this visa, allowing
access for a wider group of highly-educated people. However, their skill sets may not
necessarily align with New Zealand’s labour market needs. Many of New Zealand’s skil
shortages are for senior specialists, and there is a lack of entry-level tech roles available for
graduates.
22. Amending the AEWV to meet the gaps with the proposal is not recommended – as the main
temporary work visa, changes will affect all sectors. However, the AEWV is an accessible
pathway that is open to applicants from who get a job offer in New Zealand and given that
tech-sector workers are likely to be highly skilled, they would generally face few issues
qualifying.
23. International graduates would also be eligible for Green List Straight to Residence (STR)
pathway if they receive a job offer in roles such as analyst programmer, software engineer
and systems administrator.
Skilled Residence visas
24. Applicants who would be eligible for the Global Growth Tech Visa (GGTV) are likely to be
also eligible for the Green List and Skilled Migrant Category (SMC) residence pathways. The
key difference between existing skilled residence pathways and the proposed visas is the
requirement of applicants to have a job offer from an accredited employer.
Eligibility under the Green List
25. The Green List has many tech roles included on the STR pathway (e.g. analyst programmer,
software engineer, ICT project manager) which receive priority processing and more
streamlined eligibility criteria than SMC applications. The Green List is regularly reviewed,
and further roles can be added to facilitate the needs of the tech sector (the next review is
scheduled to be in 2025).
26. To be eligible for residence under the Green List tech roles, applicant must have a job offer
from, or be currently working for an accredited employer, in a role with a salary ranging from
at least NZ$130,000 to NZ$150,000 (depending on the specific role). Applicants must also
be aged 55 or younger, and meet standard identity, health, and character requirements.
Partners and dependents can be supported on these applications. We expect a potential
GGTV applicant, for example, a Chief Technology Officer who has worked at Google earning
the equivalent of NZ$450,000, would likely meet these criteria.
27. By comparison, under the GGTV proposal, applicants do not need a job or job offer but do
need to have previously worked for a top 200 tech firm with a salary of more than
NZD$400,000. Notably, this approach would enable non-tech specific roles to qualify for
residence (e.g., inhouse lawyers or executive administrative staff at Google may qualify),
dependent on detailed decisions on the eligibility criteria. The key differences are that the
GGTV is not limited to occupations, while the Green List is occupation specific but does not
require work experience from specific employers and has a different salary threshold. The
Green List would also not forgo the requirement of a job offer, although this may not be a
weakness as it could confirm applicants are engaging with New Zealand’s technology and
innovation sector.
Eligibility under the SMC
28. The SMC is another pathway which applicants for a proposed GGTV may be already eligible
for. It is a points-based system which uses proxies such as degree qualification, registered
occupations, or earning at least 1.5 times the median wage to measure the skill of an
applicant. As with the Green List, the SMC also requires a job offer from an accredited
employer. Those that do not have enough points to immediately qualify for residence may
accrue more by working onshore for a period before applying (likely while on an AEWV),
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although we consider that most applicants for the GGTV would likely score the points needed
to apply immediately.
29. There is an opportunity to further understand these issues during the SMC review, which is
due to take place in 2025. Work will need to be undertaken to understand why GGTV
applicants would not meet existing SMC straight to residence options. Further advice can be
provided as the skilled residence review progresses, but it may be that the objectives of the
GGTV are more appropriately addressed by amending roles on the Green List STR pathway.
30. Amending the SMC or the Green List to facilitate high-skilled workers to support the tech
industry would be easier to implement and require fewer resources than creating a bespoke
visa such as the GGTV. Using points to measure skill also mitigates the risk of using work
experience alone as the eligibility criteria, as those who worked in a top 200 global tech firms
may not necessarily have the skil s needed by New Zealand’s tech sector (especially if they
previously worked in a non-tech specific role).
Options for progressing work to meet tech sector objectives
Option One: Developing bespoke tech visas
31. Bespoke visas can be designed to complement the characteristics of the tech sector (e.g.,
placing less emphasis on formal qualifications and using other proxies to measure skill). It
would also enable immigration gaps in the tech sector to be directly addressed.
32. The key difference between the proposed visas and current settings is that existing visas are
open to all sectors (i.e., not bespoke), do not target as high a skillset as most of the proposed
visas, do not provide open work rights in the case of the AEWV, and require a job offer.
There are outstanding design questions to consider for the bespoke visas which would need
to be worked through as part of their development, including:
a.
whether proposed targeting of skillsets could be adjusted to better meet the domestic
tech sector’s needs,
b.
whether they should also require a job offer noting that open work rights mean that
applicants for the IGV or GGTV do not actually contribute to the New Zealand tech
sector, and
c.
how the top firms and educational institutions are identified.
33. Additional tech sector roles will also be considered as part of Green List review in 2025.
34. Delivering any or all bespoke tech visas will take considerable policy resource, noting the
intensive nature of the existing immigration work programme. Currently, policy work is
planned for 2025, with implementation tentatively scheduled from late 2025 (subject to
competing priorities). Options for shorter-term action that will support most of the
Government’s objectives are outlined below. These options could be pursued instead of, or
prior to, longer-term more significant changes such as the bespoke ‘tech visas’.
Option Two: A marketing campaign and minor changes to Visitor visas (preferred
option)
35. Marketing campaigns have previously experienced success in attracting international tech
sector talent.
See Tomorrow First, a global campaign to build awareness of New Zealand’s
tech industry capability, was funded under the Digital Technologies Industry Transformation
Plan (ITP) and delivered in partnership with New Zealand Trade and Enterprise, New
Zealand Story and NZ Tech. Funding for the
See Tomorrow First Campaign expired in June
2024; however, the campaign had a broad reach with almost 600,000 “work here” page
views and an active presence in South America, South Asia and Australia.
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36. We could develop and/or support a marketing campaign that promotes a modified Visitor visa
for Digital Nomads, the existing work visa options for highly-skilled tech workers and the
possible pathways to residence. While this approach may not as thoroughly support
Government objectives for Boosting the Tech Sector, it could be leveraged to better
understand the barriers prospective migrants are facing and the gaps in current immigration
settings, prior to implementation of a bespoke visa or similar in future.
37. There is a spectrum of marketing campaigns that could be implemented, with differing reach,
cost, and scale, as outlined below:
a.
Medium size: this would consist of search engine marketing and paid video and social
media content, with a reach of three to four countries and 100,000+ audience.
Campaign preparation would take four to six weeks, and a budget of s 9(2)(i)
would be required. An example of a campaign similar to this scale
would be
Migrant Exploitation Awareness campaigns.
b.
Large size: this would consist of search engine marketing, paid video and social media
content, and partner marketing with Digital Nomad community websites. Its reach
would span multiple countries and an audience of 1,000,000+, and would take six to
eight weeks to prepare with a budget of s 9(2)(i)
The
Working Holiday Visa Awareness campaigns would be of a similar scale.
c.
Extra-large size: this would additionally include a PR campaign led by an external
provider, offshore advertising and sponsorships. This would take three months to
prepare for and would require a budget of s 9(2)(i)
A campaign
similar to his scale would be the
100% Pure New Zealand Summer Season campaign.
38. Immigration New Zealand (INZ) would require net new budget to deliver these campaigns.
However, the scenarios outlined above would leverage existing marketing infrastructure
wherever possible, including:
a.
INZ's existing database of over 1.5 million skilled migrant prospects; and
b.
Leads from a registered database, that will be nurtured using a series of automated
emails and encourage customers to apply or advance through a pre-defined process.
39. We can also explore collaborating with other agencies and existing efforts in this space such
as the
See Tomorrow First campaign / International ‘Tech Story’. Marketing campaigns could
be delivered to promote bespoke visas as well, but would target different demographics and
would require different channels, preparation, reach and budget. Further advice can be
provided should you decide to pursue this option.
40. As part of a campaign, we could also consider:
a.
providing additional pastoral support to tech workers, such as providing information to
support migrating to and settling in New Zealand. This could include help
understanding our taxation system and housing practices, both of which are areas that
tech workers have experienced issues in the past; and
b.
prioritising processing of AEWV, Green List and SMC applications for tech sector
workers (noting that Green List applications are already prioritised over SMC).
41. Alongside this, you could amend Visitor visas to enable work for offshore employers for a
portion of their time in New Zealand, although it would not facilitate fulltime work for the visa’s
duration. We believe this could achieve the same objectives as the DNV, as well as
supporting wider tourism goals by being available to a wider group of people. This can be
done by amending the Immigration Instructions, although we suggest seeking Cabinet
approval given it would be a substantive change in approach from the status quo (enabling
digital nomads to work while in New Zealand). Amendments could be implemented within
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four months of a policy decision, noting that it requires changes to the ADEPT system and
would be subject to other delivery priorities. There is a regular ICT change freeze over the
late December-early January period, which may further impact timing.
We recommend addressing the objectives of the Boosting the Tech Sector by delivering a
marketing campaign to highlight existing visa options to highly skilled tech workers, and
amended Visitor visa settings
42. This would be more efficient and effective than progressing the bespoke ‘tech visas’ for the
following reasons:
a.
DNV – the objectives of this proposed visa can be addressed with less effort and time
by amending Visitor visa changes to enable working for an offshore employer, provided
you and the Minister for Science, Innovation and Technology are comfortable that work
only makes up for a portion of their time in New Zealand;
b.
IGV – this visa as proposed does not target tech sector needs, there is a lack of
information about the shortages for graduate tech roles, and those with work
experience are likely to qualify through other pathways such as the AEWV. We would
not recommend prioritising this work in light of these limitations; and
c.
GGTV – this visa would not be resource or time-effective as there is already a pathway
for these applicants to come to New Zealand, by looking for work on a Visitor visa and
subsequently holding an AEWV, SMC or Green List STR (as long as they have a job
offer from an accredited employer). However, given that some shortages experienced
by the tech sector, a marketing campaign and pastoral support could help attract high-
skilled tech workers.
s 9(2)(f)(iv)
Next steps
45. You may want to discuss this briefing with the Minister of Science, Innovation and
Technology. Subject to your preferred approach and the outcome of any discussions, we will
provide more detailed advice outlining how a programme of work could be delivered.
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BRIEFING
Remote work for visitor visa holders
Date:
11 October 2024
Priority:
Low
Security
In Confidence
Tracking
0004360
classification:
number:
Action sought
Action sought
Deadline
Hon Erica Stanford
Agree to allow visitor visas holders 4 November 2024
Minister of Immigration
to work remotely for offshore
employers
Forward a copy of this briefing to
interested Ministers for their
comment
Contact for telephone discussion (if required)
Name
Position
Telephone
1st contact
Polly Vowles
Manager, Immigration (Skills
and Residence) Policy
04 978 3106
Andrew Craig
Policy Director
s 9(2)(a)
The fol owing departments/agencies have been consulted
Inland Revenue
Minister’s office to complete:
Approved
Declined
Noted
Needs change
Seen
Overtaken by Events
See Minister’s Notes
Withdrawn
Comments
BRI
EFING
Remote work for visitor visa holders
Date:
11 October 2024
Priority:
Low
Security
In Confidence
Tracking
0004360
classification:
number:
Purpose
To seek your agreement to allow Visitor Visa holders to work remotely for overseas-based
companies while in New Zealand, to address the commitment for a Digital Nomad visa to attract
skilled, highly-mobile people to come to New Zealand while working remotely for an overseas-
based company.
Executive summary
You previously agreed to amend visitor visa instructions to allow holders to continue working for an
overseas company while in New Zealand [briefing 2425-0458]. This would enable ‘digital nomads’
to operate in New Zealand, and clarifies rules for regular visitors.
We recommend allowing visitor visa holders (which includes visa waiver nationals who have
entered with an NZeTA) to work for an overseas employer while in New Zealand if:
• they work for an overseas-based employer in a role that does not require them to be
physically present in New Zealand or involve selling goods or services to New Zealanders;
• they are coming to New Zealand for a lawful visitor purpose, rather than to work here for a
New Zealand employer (noting some visitor visa purposes already allow their holders to
work).
This wil allow people to continue working remotely while holidaying or visiting family (as long as
carrying out remote work is not the primary purpose of their visit). This includes residing
somewhere in New Zealand for several months while working full time as a lifestyle holiday. It will
capture the self-employed, including people who are contractors, as long as their sources of
revenue are outside New Zealand.
This change wil apply to all visitor visa holders, including tourists and people visiting family, as well
as partners and guardians on longer-term visitor visas. Introducing a maximum stay duration
condition (such as six months) was considered but is not recommended, as this would introduce a
small, but potentially cumulatively, significant step into visitor visa processing. This was a
somewhat known impact to consider against uncertain risks of allowing longer-term visitors to work
(such as non-compliance with tax resident obligations).
We have only carried out ‘desktop’ consideration of the potential impacts. There may be some
small benefits in encouraging longer-term tourists or some higher skil ed digital nomads to test the
New Zealand lifestyle or share experience. There should be no job displacement risk for New
Zealanders, and retaining the requirements on having another legal purpose for being in New
Zealand and intention of departing should mitigate other immigration risks (such as overstaying).
s 6(c)
These efforts could require more processing attention where detected
to generate a decline, but any volume increase is likely to be small relative to visitor visa volumes.
0004360
In Confidence
1
We recommend consulting interested Ministers such as the Ministers of Science, Innovation and
Tec hnology, Tourism and Hospitality, Workplace Relations and Safety, and Revenue on this
change. You may also want to inform Cabinet on how you have delivered this change to address
the digital nomad commitment.
Instructions are attached for your informaiton, noting that we recommend that certification take
place alongside an announcement. Immigration New Zealand (INZ) wil provide advice in October
on potential implementation dates for system changes across competing priorities s 9(2)(f)(
and investor changes). This advice can inform the timing of an
iv)
announcement.
Recommended action
The Ministry of Business, Innovation and Employment recommends that you:
a
Note that you previously agreed to address the commitments on immigration tech sector by
promoting amended visitor visa instructions to allow holders to work remotely for an offshore
employer
Noted
b
Agree to allow visitor visa holders to work for an overseas employer while in New Zealand if:
a. they work for an overseas-based employer (or offshore based self-employment) in a
role that does not require them to be physically present in New Zealand
b. they are not selling goods or services to New Zealanders or New Zealand businesses;
c. they are coming to New Zealand for a lawful visitor purpose.
Agree / Disagree
c
Agree that, to limit processing impacts, the new work condition wil apply to all visitor visa
holders rather than putting a limit on duration of stay (noting that visitor visas have built in
limitations on duration of stay in any case);
Agree / Disagree / Discuss
d
Agree in principle to the attached immigration instructions;
Agree / Disagree
e
Note that Immigration New Zealand wil provide advice in October on implementation timing for
this and other priority changes, and this can inform an announcement date;
Noted
0004360
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2
f
Agree to forward a copy of this briefing to the Ministers of Science, Innovation and Technology,
Tourism and Hospitality, Workplace Relations and Safety, and Revenue, and to the Associate
Ministers of Immigration.
Agree / Disagree
Polly Vowles
Manager, Immigration Policy Skil s and
Hon Erica Stanford
Residence
Minister of immigration
LSE, MBIE
11 / 10 / 2024
..... / ...... / ......
0004360
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3
Wo rking while visiting New Zealand – current rules
1.
People who come to New Zealand on visitor visas are generally not able to work for a
New Zealand or foreign employer (unless on some special category visitor visas – see
paragraph 5 below). This is primarily to protect New Zealanders’ access to New Zealand
employment opportunities, and also to make it clear that visitors should generally be
intending a genuine visit.
2.
To be granted a visitor visa, the applicant must be coming to New Zealand for a ‘lawful
purpose’, which includes holidaying and sightseeing, visiting family or friends, or competing
in amateur sports. Partners without work rights and some other specific groups are also on
visitor visas.
3.
The visa applicant must not be intending to undertake employment or a programme of study
while visiting New Zealand. Employment or ‘work’ is defined in the Immigration Act 2009 as
“any activity undertaken for gain or reward”, unless specifically excluded by immigration
instructions. This includes work undertaken for a non-New Zealand resident or employer.
The same rules apply to visitors who have travelled here visa waiver, with an NZeTA, and
have been granted a visitor visa at the border.
4.
Visitor visa holders may look for work in New Zealand, but cannot start working. An
immigration officer may decline a visitor application if they do not believe the applicant is
visiting for genuine holiday or visit reasons, or if the officer considers that the person may
work il egally or not depart.
5.
People coming for the purpose of carrying out business on behalf of their employer can do so
as a business visitor for up to 90 days in any year to carry out some forms of work, including
sales to business, negotiations or attending a conference. (This reflects international trade
commitments.) People coming for business purposes who require a longer period would
normally apply for a Specific Purpose Visa. Other special categories of visitor visas that allow
some forms of work associated with the purpose of the visit include visiting academics,
international tour group escorts, crew of super yachts, live entertainment acts, visiting media
under an NZTE programme, staff of international sports events, and visiting academics.
6.
There was guidance on the Immigration New Zealand website outlining a flexible approach to
people occasionally doing work tasks for their overseas employer while they are in New
Zealand on a visitor visa. This was removed as it did not comply with the Immigration Act or
instructions, which has led to more queries about the current rules. Policy work was planned
in 2023 to clarify that incidental work was allowed, but it was not completed before the
change of Government.
7.
Visa holders with open work rights (eg students or working holiday makers) are able to work
for foreign employers at the moment. Accredited Employer Work Visa holders can only work
for the employer specified on their visa, in the specified role.
8.
Australia’s tourist visas prohibit working, but guidance from Home Af airs states that people
can carry out incidental work, like responding to emails or reading market reports. The United
Kingdom has recently allowed people on a visitor visa to work remotely for a foreign
company (but not self-employed unless a permit ed activity).
9.
Some visitors wil be carrying out remote work while on holiday.It is not an INZ priority to
detect this or undertake compliance activities for these types of breaches of visa conditions.
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Allowing visitors to continue working for an overseas employer
10. You previously agreed [2425-0458 refers] to amend the visitor visa work rules to clarify that
people can work for a foreign employer while in New Zealand to visit. This would provide
most of the flexibility of the proposed Digital Nomad Visa and would clarify the situation of
regular travellers who may have reasons to work, without the complication of implementing a
new visa type.
11. We recommend allowing visitor visa holders to work if:
a.
they are working for an overseas-based employer or are self-employed and
remunerated from outside New Zealand;
b.
they are doing remote work that does not require them to be physically present in
New Zealand;
c.
they are not offering goods or services in New Zealand in exchange for gain or reward
from either New Zealand businesses or New Zealand persons;
d.
the primary purpose of their visit to New Zealand is lawful.
12. We have only undertaken a “desk based” assessment of this change, but consider it
effectively balances flexibility for visitors with very limited new immigration risk. Compliance
costs should be lows 6(c)
t, but
there is potential for organised attempts to exploit the change that could see a comparatively
small visa volume spike or more upfront assessment effort, either at the point of initial visa
application or when applications are made to extend a person’s stay in New Zealand (see
below).
13. The changes should meet your
Government’s objectives of allowing highly skil ed and
mobile people to work remotely as digital nomads, share their skil s in New Zealand and
potentially stay (if they meet the skil ed work and residence criteria). It will also apply to a
broader group, potentially extending the duration of stay of some tourists and providing
certainty on the rules for the people who have work situations arise that need to be
addressed. We have not attempted to quantify the potential uptake by any of these groups.
14. The type of work allowed is designed to create
no displacement risk for New Zealand
workers. Visitors would be continuing roles in which they are employed offshore and their
role is not New Zealand focused so they would not have been competing with someone in
New Zealand for the role. It would not cover someone being hired to be the New Zealand
representative or work in the New Zealand office for sales or consultancy purposes where
that the role is New Zealand based and could potentially be fil ed locally (and so should be
subject to work visa tests).
15. It also excludes people selling goods and services in New Zealand where they could be in
direct competition with New Zealand companies or individuals (eg an actor or photographer).
The Business Visitor Visa allows people to come to New Zealand for this purpose, but limits
time to three months, after which a work visa would be required. (Paragraph 31 below sets
out some examples of the kinds of work allowed and not.)
16. The flexibility would cover
self-employed people continuing to run their business where
their business is based offshore. This could include coders or consultants.
The opportunity wil be provided to all visitors, no matter the duration of their stay
17. We recommend this condition
apply to al visitor visa holders as this is the easiest setting
to implement, operationalise and communicate. This wil capture tourists and other short-
term visitors, but also longer-term visitor visa holders like partners and dependents or
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workers (where they don’t have work rights). It will also capture special visitor categories like
super yacht crew, grandparents and people undertaking medical treatment.
18. Negative impacts of applying this is a longer-staying group appear low, but are uncertain on
the level of analysis. There is likely to be no New Zealand job displacement risks from people
working remotely for any duration of stay, and no obviously increased immigration risks of
working il egally or overstaying from applying this condition to a longer staying group.
19. People in New Zealand for more than 183 days in a year (does not need to be consecutive)
become tax resident and should pay income tax on their worldwide income their time in New
Zealand. The fact that visitors may work for an overseas employer for more than six months
will mean a heightened risk of non-compliance, although this remains the visitor’s
responsibility. New Zealand employment law such as meeting the minimum wage applies
when a role is substantively based in New Zealand.
20. We considered limiting it to a visit duration of up to six months (based on tax resident
thresholds) or nine months (normal maximum duration of a general visitor visa, which must
be balanced by nine months outside New Zealand). This would create an additional step in
visa processing where an officer needed to select and confirm the appropriate conditions
based on visa duration, potentially adding up to a minute to the ten-minute average
processing time for low and medium risk visas. While individually negligible, this time would
add up given the high volumes.
21. Most visa waiver and low risk visitor visas are granted to enable a three-month stay (UK
visitors get six months) although most people remain in New Zealand for shorter periods.
Higher-risk applicants may be granted shorter visas to align with their planned time in
New Zealand, and requests for longer periods are considered on a case by case basis. Most
visitors are limited to nine months in 18 (single entry) or 6 in 12 (multi-entry) stays, either at
the initial grant, or via subsequent visa grants, to ensure they are not effectively residing
here.
22. The condition could also be restricted to general visitor visas and a few of the approximately
30 special categories, such as the business visa, excluding groups who are likely to be
staying longer such as partners and guardians of foreign students. This is slightly harder to
communicate, and the risks of a broad approach seem low. There is no obvious harm in
groups like parents and those here for medical treatment being able to work remotely, even if
they are unlikely to use the facility. The condition is unlikely to be relevant to groups like
children or groups like visiting academics who already have tailored work conditions.
Partners with work rights can already work remotely for foreign employers, so extending this
to other partners or guardians is deemed unlikely at this point to increase the risks of non-
bona fide applications.
23. We can revisit the operational impacts of applying the condition to a smaller group of short-
term visitors if you wish.
Applicants must have a bona fide reason to be in New Zealand, and intention to leave
24. This is not a new visa and does not create a new “remote work” reason to come to
New Zealand. The visitor must be coming to New Zealand for a
non-work purpose such as
a holiday, family visit or joining a partner.
25. We do not recommend setting a real or illustrative maximum threshold for the amount of time
a person can be working while holidaying. No limit allows people to continue to work full time
while remaining in a location as a lifestyle holiday or while visiting family. Given the stay is
not taking jobs from New Zealanders, we consider this is preferrable to creating an unclear
demarcation line that would not be enforced.
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26. Bona fides checks would stil apply to the intention to leave, not work unlawfully in
New Zealand, and support themselves, so people presenting higher
immigration risks
should be declined where concerns are detected. There is a risk that people will work
unlawfully, but this is not new, nor exacerbated by these changes.
27. At the moment, an of icer may make a judgement about likely intent, based on the strength of
factors connecting the applicant to their home and including presence of family, assets and
genuine employment to return to. If the of icer is not satisfied the ties to home outweigh the
risk of overstaying, or the applicant can’t plausibly explain their reason for being in
New Zealand, then the visa may be declined. While applicants can now potentially point to
remote work to fund travel, officers can stil consider whether the employment is genuine and
whether the applicant has strong connections to home.
28. This change is likely to prompt some organised ef orts to test the visitor pathway and
reasons for coming to New Zealand as part of this change, creating some more work to
assess and decline. We are not able to assess the size of this risk or impact on processing,
though it is likely to be small compared to the overall visitor visa volumes. s 9(2)(g)(i)
s 9(2)(g)(i)
Work scenarios covered by the change
31. The below table contains a list of situations where people may want to work in New Zealand,
and indicates whether they would be able to do so on a visitor visa with the proposed
changes:
Scenario
Possible under Reasoning
this proposal? Their reason for travelling to
Influencers who are travelling to New
New Zealand is for a specific work-
Zealand for an influence event, e.g., a
related event and they are being ‘paid’
brand event, or have arranged for free
for it, meaning a Specific Purpose
accommodation or activities in
Work Visa is more appropriate
exchange for promoting a venue.
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Scenario
Possible under Reasoning
this proposal? Their reason for travelling to New
Photographer or videographer coming
Zealand is for a specific work-related
to New Zealand to work an event
event, meaning a Specific Purpose
Work Visa is more appropriate
The primary purpose of their travel to
People who have to join a few online
New Zealand is holidaying, their work
meetings while in New Zealand
activities are incidental and not for a
New Zealand employer or customer
People who spend a small part of their
The primary purpose of their travel to
holiday (e.g., a few days at the
New Zealand is holidaying, their work
beginning) wrapping up a project by
activities are incidental and not for a
working remotely
New Zealand employer
Logging on to check emails in the
The primary purpose of their travel to
evenings or on an as needed basis
New Zealand is holidaying, their work
while holidaying
activities are incidental and not for a
New Zealand employer
While they are working in New Zealand
Digital nomads or ful y remote workers
full time, their reason for being in New
(people who work full time) while
Zealand is effectively a holiday. Would
staying in Queenstown
need to satisfy INZ that they intend to
leave if they have no fixed home
offshore.
People residing in New Zealand on a
Have a legal reason to be in
partner visitor visa (without work rights)
New Zealand. They would be
for several years while working for a
responsible for paying tax on remote
foreign company.
income.
Next steps and implementation
32. Of icials are working through the implementation needs of this proposal. Given constraints on
implementation and ICT resources, further work is needed to consider the prioritisation and
implementation timeframes of these proposals alongside other high priority policy items. We
wil provide you with further advice in October on implementation across upcoming policy
proposals.
33. There is a risk associated with implementation in December as it would coincide with INZ’s
busiest period for processing visitor visas. Introducing new visa conditions at this time may
impede processing efficiency through the need for staff to undertake training and other
change preparation. Implementation wil have less impact on processing from March 2025,
after the peak processing period has concluded.
34. Instructions are attached for in principle agreement. Certification can take place alongside an
announcement. We can support either a Ministerial announcement, or just a website update
and news item. Il ustrative examples of what is allowed wil be used to provide clarity,
manage expectations and provide assessment guidance to immigration officers. An
announcement date can precede implementation changes, but would ideally be close to the
implementation date.
35. We recommend that you consult with the Ministers of Science, Innovation and Technology,
Tourism and Hospitality, Workplace Relations and Safety, and Revenue. We also
recommend forwarding this paper to the Associate Ministers of Immigration. Given the limited
impacts, you may choose not to take this to Cabinet if you want to advance a quick change.
You may wish to update Cabinet later alongside other changes as having met the intent of
the Digital Nomad commitment.
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36. INZ wil update you on potential marketing activity promoting the opportunities for top
technology and other skil s.
Annex
Annex One: Amended instructions for agreement in principle
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s 18(d)
BRIEFING
Immigration New Zealand Operational Manual: Working remotely
on a visitor visa
Date:
11 December 2024
Priority:
Medium
Security
In Confidence
Tracking
0004637
classification:
number:
Action sought
Action sought
Deadline
Hon Erica Stanford
Agree to the recommendations and
18 December 2024
Minister of Immigration
sign the associated Ministerial
Certificate.
Forward to Associate Ministers of
Immigration for their information
Contact for telephone discussion (if required)
Name
Position
Telephone
1st contact
Team Leader,
s 9(2)(a)
Simon Barrett
04 901 3885
✓
Operational Policy
Rachel Squire
Senior Business Analyst
04 901 1420
N/A
The following departments/agencies have been consulted
Minister’s office to complete:
Approved
Declined
Noted
Needs change
Seen
Overtaken by Events
See Minister’s Notes
Withdrawn
MBIE-MAKO REQ-0004637
BRIEFING
Immigration New Zealand Operational Manual: Working remotely
on a visitor visa
Date:
11 December 2024
Priority:
Medium
Security
In Confidence
Tracking
0004637
classification:
number:
Purpose
This briefing seeks your agreement to, and certification of, proposed changes to temporary entry
instructions to reflect your decision to allow visitor visa holders to work remotely for overseas-based
employers or undertake overseas-based self-employment while in New Zealand.
Recommended action
The Ministry of Business, Innovation and Employment recommends that you:
a
Note that on 21 August 2024, you agreed to amend the visitor visa work rules to clarify that
people can work for a foreign employer while in New Zealand as a visitor [2425-0458 refers]
Noted
b
Note that on 13 October 2024 you [0004360 refers]:
i.
agreed to amend visitor visa instructions to allow visitor visa holders to work for an
overseas-based employer or in overseas-based self-employment while in New Zealand,
and
ii.
agreed that the new work condition will apply to all visitor visa holders, regardless of
intended duration of stay, and
iii.
agreed in principle to the proposed immigration instructions changes.
Noted
c
Note that the proposed amendments to immigration instructions in this briefing have not
substantially changed since you agreed to them in principle
Noted
d
Note that the new remote work condition will apply to all visitor visas applied for on and after
the date the immigration instructions become effective, and will not be extended to current
visitor visa holders
Noted
e
Agree that holders of visitor visas granted before the immigration instructions take effect will
need to apply for a new visitor visa should they wish to undertake remote work while in New
Zealand
Agree / Disagree
MBIE-MAKO REQ-0004637
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f
Agree to the proposed amendments to Temporary Entry instructions by signing the Ministerial
Certificate attached in Appendix 1.
Agree / Disagree
Alejandra Mercado
Hon Erica Stanford
General Manager, Service Design and
Minister of Immigration
Implementation (Acting)
Immigration New Zealand
10 December 2024
.......... / ………. / 2024
MBIE-MAKO REQ-0004637
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Background
1.
On 21 August 2024, you agreed [2425-0458 refers] to amend the visitor visa work rules to
clarify that people can work for a foreign employer while in New Zealand as a visitor.
2.
On 13 October 2024, you agreed to allow visitor visa holders to work for an overseas employer
while in New Zealand [0004360 refers] where they:
a.
work for an overseas-based employer (or in overseas-based self-employment) in a role
that does not require them to be physically present in New Zealand; and
b.
they are not selling goods or services to New Zealanders or New Zealand businesses;
and
c.
they are coming to New Zealand for a lawful visitor purpose.
3.
You also agreed [0004360 refers] that the new remote work condition will apply to all visitor
visa holders.
Proposed amendments to immigration instructions
4.
The proposed amendments to immigration instructions make all visitor visas subject to a
condition that allows the holder to undertake remote work while visiting New Zealand.
Longer-term visitor visa holders and self-employed visitors are included
5.
This visa condition will apply to all visitor visas and is not limited by duration of intended stay
in New Zealand. This means that it will apply to visa waiver nationals who travel to New
Zealand with an electronic travel authority (NZeTA) and apply for their visitor visa on arrival,
as well as longer-term visitor visas granted under a special category of visitor instructions,
such as partners of New Zealand citizens, residents, and work visa holders, parents and
grandparents of New Zealand citizens and residents, and guardians of student visa holders.
6.
This visa condition will also allow self-employed visitors to work remotely while in New Zealand.
Remote work is not a lawful purpose to visit New Zealand
7.
Visitor visa applicants must continue to meet bona fide requirements for generic temporary
entry, satisfying an immigration officer that they genuinely intend a temporary stay in New
Zealand for a lawful purpose and have sufficient funds or sponsorship.
8.
Lawful purposes for visitors include holidaying, sightseeing, visiting family, and business
consultation, among others. Intending to work remotely in New Zealand, in and of itself, will
not be considered a lawful purpose to visit. The person must otherwise have a lawful purpose
for visiting New Zealand.
Influencers
9.
Many social media influencers are likely to be able to work remotely while visiting New Zealand.
Influencers who receive inducements from local businesses or people (e.g. being paid to
promote a bungy jump or being offered free accommodation to promote a hotel) would however
not be considered to be working remotely under the proposed immigration instructions. They
would need to apply for an appropriate visa.
10. Larger scale influencers who may be accompanied by persons under their employ while visiting
New Zealand (such as security, drivers, managers etc.), are also unlikely to meet the remote
work visitor visa conditions if, for example, they are receiving payment from a New Zealand
business in exchange for their advertising services or they are required to be physically present
in New Zealand for a particular event. Influencers who wish to work remotely in New Zealand
but do not meet the conditions set out in instructions should consider applying for a visa
appropriate to their circumstances, such as a Specific Purpose or Event Work Visa. Any
detected breach of the new visa condition may be subject to compliance action.
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Existing visitor visa holders unable to vary their conditions to work remotely
11. The proposed amendments to immigration instructions do not enable existing visitor visa
holders to apply for a variation of conditions (VOC) should they wish to undertake remote work
in New Zealand. They would instead need to apply for a new visitor visa1.
12. Officials do not recommend implementing the ability for existing visitor visa holders to apply
for a VOC to allow remote work, as the demand for a visa condition allowing remote work will
steadily diminish over time as existing visitor visas expire, and all new visitor visas granted
will be subject to the condition allowing remote work. The effort required (specifically
changes to ICT systems) to enable this, is unlikely to yield long-term value as the need for it
will eventually become redundant.
13. The types of long-term visitors most likely to require remote work rights include partners of
New Zealand citizens, residents, or work visa holders. These cohorts are in many cases
already eligible for a work visa with open work rights which allow the holder to work remotely.
This provides an alternative to applying for a new visitor visa in order to work remotely,
though it comes with a higher application fee2.
14. Should demand emerge from visitors who wish to vary their existing visas to be able to work
remotely for an overseas-based role, officials are able to provide advice on further
immigration instructions and implementation options.
Certification of proposed changes
15. Appendix 1 includes proposed amended Temporary Entry immigration instructions for your
consideration followed by a Ministerial Certificate. Subject to your signature of the Certificate,
the amended instructions will become effective on 27 January 2025.
16. Proposed additions to immigration instructions are highlighted for ease of reference.
Deletions have not been highlighted. Highlighting will not appear in the published versions of
the amended Operational Manual.
Communication
17. Instructions changes will be communicated to all staff, licenced immigration advisers and the
general public through the release of an amendment circular in line with the agreed
communications plan.
Remote work marketing campaign
18. To cost effectively reach an executive-level audience (typically an expensive group to reach)
Immigration New Zealand recommends using video platforms such as YouTube and Instagram
to target people engaging with New Zealand travel-related content. Video cost-effectively
communicates multiple key messages in an engaging way within a single communication
package. The campaign is expected to receive millions of user impressions and hundreds of
thousands of video views.
19. Campaign market selection and timing will be coordinated with Tourism New Zealand to ensure
NZ Inc. agencies do not compete for the same audiences, thereby driving up costs. The
campaign will also avoid seasonal processing peaks. Officials will provide your office with more
information on the marketing campaign in the new year.
1 The fee for a visitor visa applied for in New Zealand is $441 (includes immigration and International Visitor
Conservation and Tourism levy). The fee for a variation of conditions for a temporary entry class visa applied
for in New Zealand is $325.
2 The fee for a partnership work visa is $1,630 (includes immigration levy).
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Appendix
1: Proposed
amendments
to
Temporary
Entry
ins tructions, effective on and after 27 January 2025
MBIE-MAKO REQ-0004637
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s 18(d)
TEMPORARY ENTRY INSTRUCTIONS
MINISTERIAL CERTIFICATE
I certify, in accordance with section 22 of the Immigration Act 2009, that the amendments contained
in Appendix 1 of the submission dated 11 December 2024 are part of Temporary Entry instructions
on and after 27 January 2025.
Hon Erica Stanford
Minister of Immigration
____ _____________ _______
(day)
(month)
(year)
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