planning to start the business operations in new zealand..please advice

[sheraj]

Hi All,

I have just moved to Wellington and loving the place. I am under work visa here and recently joined my husband who is under work permit working as an IT contractor. I was working as an HR Head in a recruitment consultancy while in India. I have the proposal from the Indian employer that they are planning to start the services in new zealand too. He is ready to make me a partner in new zealand services where i would be heading and representing the new zealand market and investment, resources will be provided by them. Its just a kind of business proposal.Now, my question is: to start in new zealand, is it enough that i start the work as an employee of india company (showing in papers as working as representative/employee for our company) or do we first need to register the company here too. What is the most easiest way to start the operations here.

Would be thankful to the wise forummates who could advice on this.

Thank u,
Shreeya

[JandM]

The first thing that comes to mind seeing this is that you are entitled to run a business in NZ while on your open visa, and also later if your partner gains Residence with you as secondary applicant. http://www.dol.govt.nz/immigration/k...base/item/1106

This website http://www.business.govt.nz/starting...ing-a-business may be helpful. But as to whether it would be better for you and your overseas partner(s) to set up a separate entity within NZ, I can't say - I think that would depend on your assessment of the local conditions.

[Sun777]

The first thing that comes to mind seeing this is that you are entitled to run a business in NZ while on your open visa

From what I understand the main applicant of the Work Visa is tied with specific employer so not sure if OP can register a company directly, is that right JandM?



sheraj, Ideally a company based in NZ can sponsor Work Visa so this situation looks like catch 22 situation. From my linear thinking, it looks like your Indian counterpart may have to open a company here (similar to opening a branch), show investment and $$ returns or business plan, then have you as their partner/employee.

[sheraj]

Thank you for the response JandM and Sun777.

Came with some more queries :

@JandM - What does open visa mean? I am here on partnership work visa and my visa is valid till my husband visa is valid. So, do you mean i am eligible to pursue either business or job on my visa??

@Sun777- The company in India wants to explore the market in New Zealand first. As they have come to know that i am in New Zealand, they asked me to represent their services in New Zealand. I would be working as a freelancer with them on commission basis to start with. Their point is i could start as a freelancer here as i am under work visa, explore the market - market their services, - create the strong clientele and if we get good response and build a strong clientele; they would surely register. In other words, they mean they would register in NZ too once we start getting the returns from NZ. When we start getting revenues from NZ , we will have tax obligations towards NZ government. I think their point is right. What is your point of view. Is it ok that i could start working for them and market the services with potential clients. If the response is positive, they will register. Can i start in this way. As their point is if we register first and the things doesnt work in NZ due to various factors like competition, client negative response etc., all the efforts and registration would go vague. So, any suggestions - registering in NZ is mandatory at first instance or could start marketing the Indian company services in India.

Any suggestions will be highly appreciated.

Thank you.

[JandM]

From what I understand the main applicant of the Work Visa is tied with specific employer so not sure if OP can register a company directly, is that right JandM?

Yes, your understanding of their situation is right, but yes, the OP IS indeed allowed to start a business - see that link I gave above. "The following people can own/run a business or be self-employed in NZ..." it says. She CAN do all the set-up while on the partner-sponsored temporary work visa, then partner-sponsored residence.

[JandM]

sharaj, an "open" visa means one that is not tied to a particular job or employer. The partner-sponsored ones are definitely open visas, and this gives you the right to pursue either business or job on your visa. Open that link I gave you, and you will see it plainly stated that you have the right.

I think Sun777 had not come across this point in the regulations before, which was why he was sounding cautious.

[sheraj]

Thanks a lot....the links you shared are really useful.

Thanks a tonn for the knowledge shared.

[Sun777]

Thank you JandM for the correction. I was in semi-retirement state for a year so quite a bit of information has already evaporated in this summer

Sheraj,
I have a feeling your Indian counterpart must have started similarly in other countries, in such a case they could probably use the same strategy. They could apply for Business Visa and explore the market here (the reason I say this is OH and I created a NZ company and we applied for Australian Business Visa. Then had a local directors in Australia who opened a company there. There are some restrictions on if you can take any earnings while on Business visits but the Australia branch can always pay royalty via international bank transfers.) In your case more or less its like preparing investment & business plan, letting the immigration know how you see the future & execute business expansion - taking our example as process involved in NZ could be similar due to close proximity.

I would suggest below rough plan:

1. Your company applies for Business Visa (for their Directors, Sales & Marketing team)
2. Employs you as an employee of their Indian branch and deputed here to set up base
3. Based on Business plan, studies the market and comes up with a growth plan
4. Sets up NZ Branch (as a new company or branch of overseas company, partnership etc) and transits you to head the agreed position
5. Sign up contracts with NZ businesses & clients.

It's just vague plan but think along those lines, have them to do some research too and add in experiences from other countries. I hope that helps for a start.

[sheraj]

Thank u for d suggestions and time. ����