Immigration New Zealand has announced upcoming changes that will clarify what work is permitted under open work visas. Effective from 20 April 2026, the new conditions are designed to reduce uncertainty, align visa settings with employment law definitions, and help visa holders better understand their rights and responsibilities.
Open work visas provide flexibility, but that flexibility has often led to confusion about business activity, self-employment, and contracting arrangements. The updated conditions aim to provide clear boundaries while maintaining access to work opportunities across a range of visa categories.
Why employment conditions are being updated
Open work visas allow people to work in New Zealand without being tied to a single employer or role. However, Immigration New Zealand has identified that unclear employment settings can lead to unintended breaches of immigration rules, particularly where visa holders engage in business activity without realising it is not permitted.
The updated conditions reflect the intent of each visa category and align with New Zealand definitions of employer and employee. Clear and consistent conditions also support safer and fairer work practices for both migrants and employers.
These changes do not affect employer-specific visas such as the Accredited Employer Work Visa, and do not apply to Student Visa holders.
Two types of employment conditions for open work visas
From 20 April 2026, all open work visas will include one of two employment conditions. The condition applied depends on the approved visa category.
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Open work visas allowing any work
Some open work visa holders will be permitted to undertake any work in New Zealand. This includes working for an employer, sole trading, or owning and operating a business.
This condition will apply to the following visas:
- Partner of a Worker Work Visa
- Partner of a Student Work Visa
- Partner of a Student Work Visa supported by a New Zealand Scholarship funded by the Ministry of Foreign Affairs and Trade
- Post Study Work Visa
- Partner of a New Zealander Work Visa
- Partner of a Military Work Visa
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Visa holders under this condition are not restricted to employment relationships and may lawfully operate their own business, subject to all other visa and legal requirements.
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Open work visas requiring work for an employer
Other open work visa holders must work for an employer under either an employment agreement or a contract for services. Immigration New Zealand treats contracts for services as employment for immigration purposes.
This condition will apply to the following visas:
- Victims of Domestic Violence Work Visa
- Victims of People Trafficking Work Visa
- Migrant Exploitation Protection Work Visa
- Asylum Seeker Work Visa
- All working holiday visas
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Visa holders under this condition cannot operate a business or work independently, even where income is generated through contracting arrangements.
Conditions that apply to all open work visas
Regardless of the specific employment condition, all open work visa holders must comply with New Zealand employment and business laws and the conditions attached to their visa.
On any open work visa, visa holders cannot employ other people. This restriction applies whether employment occurs directly or through a business the visa holder owns or operates, including where the business is the named employer.
Open work visa holders are also prohibited from providing commercial sexual services or running or investing in a business that provides commercial sexual services.
Transitional arrangements for current visa holders
Immigration New Zealand has confirmed transitional arrangements for people who currently hold an open work visa. If a visa holder has been undertaking work that will no longer be permitted under the new conditions, excluding commercial sexual services, they may continue that work until their current visa expires.
This transition period is intended to allow time to understand the updated conditions and make any necessary adjustments before applying for a future visa. Any new visa application must meet the employment conditions linked to the approved visa category.
Working holiday visa clarification
Working holiday visas are included in the group that requires work for an employer. The primary purpose of a working holiday visa remains tourism, with temporary work permitted to support a stay in New Zealand.
All work undertaken on a working holiday visa must be for an employer under an employment agreement or contract for services. Business ownership and self-employment are not permitted under this visa category.
How this change affects migrants and employers
The clarified employment conditions provide greater certainty for visa holders and reduce compliance risk for employers. Migrants can more confidently assess whether their work arrangements are lawful, while employers benefit from clearer guidance when engaging open work visa holders.
Understanding the distinction between employment and business activity will be essential, particularly for contractors, sole traders, and those transitioning between visa types.
How Absolute Immigration NZ can assist
Navigating employment conditions across different visa categories can be complex, especially where business activity or contracting is involved. Absolute Immigration NZ provides clear guidance on visa conditions, work rights, and future visa planning to help migrants and employers remain compliant.
For advice on open work visa conditions, permitted employment, or the correct visa strategy for working in New Zealand, contact Absolute Immigration NZ at aisupport@absoluteimmigration.com.
