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Can you do any work under a Visitor’s Visa?

Wednesday 7 March 2018

Most people will be aware that you are not allowed to work if you are in New Zealand if you are on a visitor’s visa.

The definition of “work” is wide. It includes any activity undertaken for “gain or reward”. Gain or reward includes any payment or benefit that can be valued in terms of money. That will include board and lodgings, goods (e.g. food or clothing) and services (e.g. transport).

In other words, if you are doing work in exchange for food, accommodation or transport, you will still be considered as working. The following are examples of work:

  1. “WOOFERs” who work on farms in return for food, accommodation, and transport;
  2. Volunteers for a charity when the charity pays for their food, accommodation and transport;
  3. Family members who come to stay with their siblings/parents and help out at the family business.

None of the above would be permitted on a visitor’s visa.

On the other hand, visitors who come here for the following business purposes will be entitled to do so on a visitor’s visa, provided that they intend to stay in New Zealand for no longer than three months in any one year.

The business visitors who are not considered to be undertaking employment are as follows:

  1. Representatives on official trade missions recognised by the New Zealand government;
  2. Sales representatives of overseas companies in New Zealand for a period of no longer than three months in any calendar year;
  3. Overseas buyers of New Zealand goods or services for a period of no longer than three months in any calendar year;
  4. Undertaking business consultations or negotiations in New Zealand on establishing, expanding, or winding up any businesses;
  5. People carrying on any business in New Zealand, involving the authorised representatives of any overseas company, body, or person.

Any visitors carrying out the above business activity for less than three months may come here on a business visitor’s visa. The duration of that visitor’s visa will be up to three months.

Any of the above business visitors who need to be in New Zealand for longer than three months in any one year and any other business visitors must apply for “a specific purpose work visa”.

Articles on this website are for general information only. If you require specific advice, please contact us.

 

 

KEYWORDS: work visa, visitor, business visitor,
Dunedin Shanghai Association property law section ADLS