Immigration New Zealand has clarified the work rights attached to open work visas, particularly in relation to self‑employment and business activities.

From 20 April 2026, visa conditions more clearly set out when open work visa holders can be self‑employed and the limits on operating a business, including whether they can employ others. These changes are intended to remove uncertainty for migrants and employers and reinforce compliance with visa conditions.

What has changed?

1. “Work” now clearly includes self‑employment

Immigration instructions have been amended to expressly confirm that “work” includes self‑employment, not just employment as an employee.

This clarification applies across multiple temporary work visa categories.

2. Most open work visa holders may be self‑employed, but not employ others

Many open work visas (including partner work visas and post‑study work visas) now clearly allow the holder to:

• be self‑employed, but
• not employ staff, either directly or indirectly through a business they own.

This restriction is critical for employers and businesses partnering with, contracting to, or engaging visa holders in independent contractor arrangements.

3. Expanded work rights for partners of business visa holders

A notable exception applies to partners of:

• Business Investor Work Visa holders, and
• Entrepreneur Work Visa holders

Partners in these categories may now:

• undertake any type of work, including self‑employment, and
• employ others through a business they operate.

This represents a meaningful expansion of work rights for these families and creates more flexibility for business operations.

What does this mean for employers?

Greater flexibility, but also greater compliance risk. For employers, these changes bring both opportunity and responsibility:

• Contracting arrangements
  Employers engaging migrants as contractors should confirm:
  
  i) the individual’s visa type, and
  ii) whether their visa allows self‑employment and employing others.
  
  
• Partner work visas
  Some partners now have broader work rights than before. Employers may see:
  
  i) increased availability of skilled labour from partners of migrant workers; and
  ii) fewer role, occupation, or location restrictions for these workers.
  iii) Business ownership structures
  Care must be taken where a visa holder is listed as a business owner, director, or shareholder. In many cases, employing staff or operating a company may breach visa conditions unless the visa specifically allows it.       

Key takeaway

In practice, “open” does not always mean unrestricted. Employers should take care to confirm what types of work and business activity a visa holder can undertake, particularly where contracting or business ownership is involved.

Need assistance? If you need help with any aspect of immigration in your business, reach out to the team at Copeland McAllister – we’d be happy to help. Phone 03 211 0153 or  email admin@cmalaw.co.nz.

Disclaimer: This update provides commentary on employment law and immigration topics, it should not be used as a substitute for legal or professional advice for specific situations. Please seek legal advice from your lawyer for any questions specific to your workplace.