Recently the Business Migration Branch has released a report that at least 80% of Entrepreneur Work Visa balance applications have been declined and at least 50% of the Entrepreneur Residence Visa applications have been declined. There are three types of applications under the Entrepreneur Category as this category is a “work to residence” programme:
1. The initial step is to apply for an Entrepreneur Work Visa (a 12 month interim visa);
2. The second step is to apply for the balance of the Entrepreneur Work Visa; and
3. The third step is to apply for an Entrepreneur Residence Visa.
Depending at which stage you are in your application, your ability for recourse should your application be declined will differ. If you are a new applicant who is apply for the initial 12 month interim visa the key issues to consider are the viability of the business, evidence of business experience and demonstrating evidence of how the investment funds have been lawfully earned. It is important that the assets you have nominated can be transferred through the banking system which complies with the immigration instructions.
If you are intending to apply for the balance of your Entrepreneur Work Visa, then the key considerations are the consistency with the business plan and the ability to demonstrate that the transfer of funds satisfies the immigration instructions. If there has been a material change in circumstance then you may be required to apply for a change of plan before being granted the balance of your visa. It is therefore recommended that a strategic approach is required to ensure that a decision is made with the validity of your visa.
In the event that you are in a position to apply for residence under the Entrepreneur category then it is imperative that your business is meeting or exceeding the projected forecast or that it will meet the projected forecast within the next 12 months. You may also elect to renew your Work Visa or Long Term Business Visa if your business is still not in position to meet the immigration requirements. Should you application be declined, then please contact us to assess if you are eligible to resubmit another residence application or make an appeal to the Immigration and Protection Tribunal.
Recently, we have noticed inconsistencies with the Business Migration Branch’s decision making process. We would highly recommend that you contact us if your application has recently been declined. We can make a preliminary assessment to determine if the Business Migrations Branch’s decision is in line with immigration instructions and can explore the legal remedies available to you.
We have taken care to ensure that the information given is accurate, however it is intended for general guidance only and should not be relied upon in individual cases. Professional advice should be sought before any decision or action is taken as Immigration New Zealand’s Instructions change on a regular basis.
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