Which established businesses qualify for BIV? Trading history, staff and exclusions
BIV requires an acceptable established New Zealand business, not simply an asking price above the investment threshold. The target must have traded for at least five years, be operating lawfully in New Zealand and satisfy employment, ownership and compliance requirements. Start with evidence about the enterprise itself rather than treating a seller's 'suitable for immigration' description as an official finding.
Trading history is different from incorporation history
A registration date proves when the company was formed, not every year of trading since then. Financial accounts, tax, contracts, sales and employment records should support the actual history. Dormancy, closure, restructuring or a transfer of operations needs clarification. Selecting the oldest date in a company search does not settle the five-year trading requirement.
Current lawful operation and immigration, employment and business compliance must also be checked. Relevant key-person history and pending non-compliance cases may affect assessment. A current licence is not a substitute for all the required enquiries. Appropriate professionals should determine the evidence needed for the actual business; this article does not certify a target's compliance.
Screening requirement | What to establish |
At least five years of trading | Actual operational and transaction history |
At least five full-time-equivalent staff | Real employment, pay and hours |
Purchase price and at least 25% ownership | The acquired interest and qualifying investment |
Not already owned by the applicant or family | Underlying ownership relationships |
No specified approved immigration use in the past ten years | Relevant business-visa history |
Headcount alone does not establish five FTEs
Five names are not automatically five full-time-equivalent positions. Low-hours staff, contractor services and a temporary list need proper classification using actual records. Obtain payroll, hours and employment evidence for the accounting and legal review. Existing five-FTE requirements and the additional job needed for residence are separate; do not count one condition as automatically satisfying both.
The minimum 25% ownership must also be reconciled with the applicant's investment, rights and active role. The company's full valuation is not the buyer's own payment. Reaching the ownership percentage alone does not establish all investment or personal eligibility conditions. The proposal and evidence should describe the same current acquisition structure.
Check family ownership and earlier immigration use
The business must not already be owned by the applicant or any family member. An intervening company should not be used as a reason to skip the underlying ownership enquiry. INZ also requires that the target has not been used in an approved Business Investor Work, Business Investor Resident, Entrepreneur Work or Entrepreneur Resident application in the previous ten years. Asking only whether the current seller is applying does not answer that history.
Use appropriate seller records, corporate evidence and professional enquiries. Missing evidence remains an unresolved item. Personal information should be checked for a defined purpose through suitable channels, not distributed unnecessarily among sales contacts. If an eligibility problem is identified, the target should not continue to be described as already meeting BIV requirements.
A successful business may still be excluded
BD2.5 excludes business owners from the nominated enterprise's five-FTE count and requires operation in New Zealand for the five years immediately before application. Incorporation, global brand history and an owner count do not replace those checks.
Current exclusions include drop-shipping, gambling, tobacco or nicotine-product manufacture, adult entertainment, convenience stores, discount stores, fast-food outlets, labour hire and businesses operating from a residential address. Immigration advice is excluded, as are sales by or on behalf of the licensed adviser or immigration lawyer advising the applicant, and specified employees of the advising firm. Check the actual relationship under BD9.15. A recognised brand, attractive accounts or a different registered name does not itself change the activity being assessed.
Initial screening does not replace formal financial and legal due diligence, valuation and the Business Proposal evidence. INZ does not pre-approve or endorse the enterprise, and an eventual visa approval is not a guarantee of commercial success. Establish what is supported and what remains unknown before committing to further professional and transaction expenditure.
Official sources and verification date
18 October 2026
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