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Check out business visa renewal

THE New Zealand Immigration Services' Business Migration Branch has recently sought advice over the status of applications where an application for LTBV renewal was originally lodged but has since been replaced with an application for residence under the Entrepreneur category.

Previously the Business Migration Branch were accepting applications submitted under the LTBV (renewal) category and issuing the applicant with a temporary work permit to allow them to remain in New Zealand while their application was assessed.

During this period some applicants met the two year time frame for running a business and submitted an application for residence under the Entrepreneur category. These were accepted by the Business Migration Branch.

However in this situation the Business Migration Branch is unable to determine which residence policy applies to the Entrepreneur application unless the application for LTBV renewal is first determined.

This is because the LTBV renewal is the key to establishing whether the applicant remains on the same pathway as they embarked upon prior to 20 November 2002 and so have a legitimate expectation that they will be transitioned through on that same pathway.

Without a decision on the LTBV renewal application the Business Migration Branch cannot determine whether the residence application can even be accepted for consideration, for if the applicant is not entitled to be considered under the pre 20 November 2002 policy then English Language requirements must be met at the time of lodgement.

The Business Migration Branch is processing applications for renewals with a priority being given to those people who have also subsequently lodged Entrepreneur applications. There are currently ten applications in this situation.

If the Renewal application is successful then the application for residence will be assessed under the Entrepreneur (Transitional) category. If it is not successful then the applicant will be offered an opportunity to withdraw their residence application with a full refund or to proceed with assessment under the post 20 November 2002 Entrepreneur policy.

In the mean time if you have a client who is awaiting the outcome of their LTBV (Renewal) application, please do not submit an application for residence until the LTBV application has been determined. The Business Migration Branch will be unable to accept any such applications for processing.

Lodging

applications

The Business Migration Branch currently has a large number of applications on hand. Each application goes through a screening process to confirm that all documents required by regulation 10 of the Immigration Regulations are included with the application. It would assist us if the applications could be submitted in the following order:

a. a fully completed and signed application form ( in a coda file folder if possible),

b. the correct fee (if a cheque please staple it to the front page of the application form),

c. a cover letter,

d. lodgement requirements (i.e. passport details, birth certificates, marriage certificate, police clearances, evidence of English language),

e. medical certificates (March 2005 version),

f. supporting business documents. Original documents should be placed in plastic sleeves, with a photcopy on the file. This will help identify the documents that an applicant wishes to be returned. Do not use plastice sleeves for documents other than originals.