New Zealand BIV: Changing Business Type During the Operating Stage

A Business Investor Work Visa (BIV) holder who wants to move into a different type of business during the Operating stage should check the visa conditions before acting. Updating a company record or business plan does not itself change the work conditions. Immigration New Zealand (INZ) says the holder must apply for a variation of conditions, provide supporting evidence and pay the applicable fee.

Changing the business type is different from changing its name or address

INZ describes the business type as what the business does, rather than its name or location. The current INZ 1397 form (December 2025) says a holder does not need to apply for a variation if only the business name or location changes and the business continues to operate the same type of activity. A material change in the goods or services, industry classification or actual operations may require a different assessment against the visa conditions.

For example, moving the same café to another commercial address is different from stopping hospitality operations and starting a different industry. Similar branding or a similar company name does not establish that the business type is unchanged. The practical activities, products or services and day-to-day operations matter.

The change is available only once

INZ 1397 states that a BIV holder may change business type once only. A holder who has been granted a further BIV, also called a renewal, may not change the business type under this process. Before preparing a request, confirm whether the one permitted change has already been used and whether a renewal has been granted.

What the form asks about the proposed business

The form asks for details of both the current and proposed businesses, including their legal and trading names, addresses, and Business Industry Classification (BIC) code and description. It also asks the applicant to describe the type of business, goods or services, market niche, customer base, branches or locations, and any parent, subsidiary or connected businesses. Supporting documents should substantiate the proposed operations rather than rely on a short concept summary.

INZ 1397 asks whether the proposed business is excluded, whether it employs at least five full-time-equivalent staff excluding owners and family members, how the applicant will be actively involved in day-to-day operations, decision-making and strategy, and whether occupational registration is required. The current form lists excluded businesses and activities, including convenience stores, discount or value stores, fast-food outlets, residential-address businesses, labour-hire companies and specified activities. Check the current official list and any applicable exceptions at the time of filing.

How the operating period is counted after approval

INZ 1397 says that, when the visa is varied, the period required to successfully operate the business starts from the date the holder begins operating under the varied conditions. Filing a request does not automatically transfer operating time from the previous business to the new one, and it does not guarantee a later resident visa. Keep the decision letter, effective date, evidence of when operations began and staffing records for future checks.

Before you submit

• Compare the business type stated on the current visa with the proposed activities.

• Confirm whether the one-time change has already been used and whether a BIV renewal has been granted.

• Use the latest INZ 1397 and complete the current and proposed business, BIC and operating details.

• Prepare evidence about staff, address, products or services, connected entities and your own role.

• Check excluded-business rules, occupational registration and the five-FTE requirement.

• Confirm the current fee and filing method. Do not assume you can work under a different business type before the new conditions are approved.

INZ 1397 asks for copies of documents and says INZ will contact the applicant if originals are required. The form currently provides postal addresses. The applicable fee should be checked against INZ’s current fee information; the form says INZ will contact the applicant for payment after receiving the request. Download the current form and verify the conditions, submission method and fee before filing, as official material can change.

Official sources: INZ Business Investor Work Visa page; INZ 1397: Change of business during the Operating stage. Checked 21 October 2026.