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Thread: Specific Purpose Work Visa

  1. #1
    Join Date
    May 2018
    Location
    New Zealand
    Posts
    5

    Default Specific Purpose Work Visa

    Hi,

    I'm hoping somebody can suggest something, I think I fall through the cracks with NZ's visa system.

    I'm a British guy currently on a 12 month working holiday visa where I've set up a NZ based company which I use to invoice a UK firm who I work for remotely while wandering around NZ. I could just as easily set up a UK based company if that helps, or potentially even be employed full time by the UK based company.

    I'm in the middle of negotiating a contract between the UK firm that I work for and another NZ based firm where the NZ firm will sell the UK firm's software. I really need to be living in NZ for the first 6-12 months of that relationship to support the first few sales. So I'd get paid by the UK firm to support the NZ firm's expansion and deal this won't happen without me.

    So what I've managed to work out so far:
    - I need a work visa even though I'm paid by a UK firm remotely
    - I can't get an essential skills work visa since I won't be employed by a NZ company
    - I can't extend my working holiday visa (It's limited to 12 months working in 23 months)
    - The business visitor visa only lasts for 3 months which isn't long enough
    - I won't be employing anybody directly in NZ so the entrepreneurs visa is out

    Which I think leaves a Specific Purpose Work Visa which I've not been able to find much information about.

    Questions
    1. Is it a realistic option? Not many people seem to apply.
    2. Does it matter that I wouldn't be paid by the NZ firm directly?
    3. Is it a problem that it wouldn't officially be a secondment? Or could I "second" myself from my own UK firm?
    4. What kind of documentation would I need to support it? I could always get it written into the contract.
    5. Are there any other options?
    6. Can I apply already in NZ? I know it looks a bit suspicious but I really am planning to go back to the UK after I'm finished.

    Any help you can give would be very gratefully received!

  2. #2
    Join Date
    Feb 2008
    Posts
    37,834

    Default

    I don't remember a single case on the threads of anyone who had applied for a specific purpose work visa - you're right, it's unusual.

    Is there anyone out there with any experience that might help here?

  3. #3
    Join Date
    Feb 2008
    Posts
    37,834

    Default

    Reading further, on this page https://www.immigration.govt.nz/new-...rpose-or-event it looks as though option 3 might cover you. That list is of separate options, so being seconded appears not to be essential.

    Looking at the criteria, there seems not to be anything against applying while you're in New Zealand (I entered that as an option). The Evidence button for Specific Purpose or Event helpfully gives that it depends on what you're going to be doing - ! - so I guess that's up to your own invention, then see if INZ ask anything different or extra.

  4. #4
    Join Date
    May 2018
    Location
    New Zealand
    Posts
    5

    Default

    Thanks for your reply.

    I think I'm also covered under section 11 of that page:

    People who need to come to New Zealand for any other specific purpose or event for which they have demonstrated the skills, expertise or attributes that are likely to benefit individuals and/or New Zealand and where there is no risk of a negative impact on opportunities for New Zealanders.

    Evidence required:

    Evidence of the specific purpose or event that you will be undertaking in New Zealand
    Evidence that satisfies an immigration officer that the nature of the work or the circumstances surrounding the work are such that it is not possible and/or appropriate for a New Zealand citizen or resident to take up the work
    My being here should be worth a decent chunk of change to the NZ firm we're partnering with which certainly benefits NZ.

    I guess I'm after confirmation that I'm not barking up the wrong tree and any advice about how to structure my own affairs to keep INZ happy. Are people allowed to recommend particular immigration lawyers/advisors on this forum? If so, I'd love to hear from somebody who's experienced with these kinds of applications.

  5. #5
    Join Date
    May 2018
    Location
    New Zealand
    Posts
    5

    Default

    You know it's bad when you're diagramming things but here's a visualisation of what's happening. But this only works if I can stay in NZ for 6-12 months. Alternatively I could set up a company in the UK and work out of that.

    My Visa Situation - Page 1.jpg

  6. #6
    Join Date
    Oct 2013
    Location
    New Zealand
    Posts
    2,283

    Default

    A very very familiar situation that Ive personally dealt with hundreds of times. It's the most common way that multi-national business have their overseas employed staff working in New Zealand.
    What you may need to be is an employee of, not a contractor to, the overseas based business, and deployed as specialist personnell as per INZ Instructions.

  7. #7
    Join Date
    May 2018
    Location
    New Zealand
    Posts
    5

    Default

    Quote Originally Posted by ChrisMwn View Post
    A very very familiar situation that Ive personally dealt with hundreds of times. It's the most common way that multi-national business have their overseas employed staff working in New Zealand.
    What you may need to be is an employee of, not a contractor to, the overseas based business, and deployed as specialist personnell as per INZ Instructions.
    Thanks Chris. Do you think remaining a contractor is at all viable? My lay person reading of the visa rules suggest that INZ are pretty flexible on it and it would certainly avoid a bunch of tax headache, renegotiation with the UK firm and unnecessary admin/costs on their side.

  8. #8
    Join Date
    May 2018
    Location
    New Zealand
    Posts
    5

    Default

    Hi Chris,

    Would it be possible to have a more in depth discussion about this? I'm looking for an advisor to help with my application? I think with this comment I might be able to direct message too...

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