New Zealand: Employment Conditions for Open Work Visas to be Imposed

The situation 

Beginning April 20, 2026, open work visas will be issued with one of two employment conditions: (1) permitting any lawful work, including business activity; or (2) limiting work to employment arrangements with an employer. 

A closer look 

• Open work visas permitting any work. Work visa holders under this category will be able to work for any employer in New Zealand and will also be permitted to undertake self-employment, operate as a sole trader, or own and actively operate a business. This condition will apply to the following categories:  
  • 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; and
  • Partner of a Military Work Visa. 
• Open work visas requiring employment with an employer. Work visa holders under this category will need to work for an employer under a formal employment agreement or a contract for services, which is treated as employment for visa purposes. This condition will apply to:   
  • Victims of Domestic Violence Work Visa;
  • Victims of People Trafficking Work Visa;
  • Migrant Exploitation Protection Work Visa;
  • Asylum Seeker Work Visa; and  
  • All Working Holiday Visas. 
• Working Holiday Visa clarification. The principal purpose of a Working Holiday Visa will still be tourism. While temporary work is permitted to support a holder’s stay, all work will need to be performed for an employer under an employment agreement or contract for services. Business ownership or operation will not be permitted under this visa category. 
• Exclusions. Employer-specific work visas, such as the Accredited Employer Work Visa and Student Visas, will not be impacted by these changes. 
• Transitional arrangements. Individuals currently undertaking work that will no longer be permitted under the revised conditions may continue such work until their current visa expires. 

Impact 

For visa holders, the changes provide clearer guidance regarding permissible work activities and introduce a structured distinction between those permitted to undertake business or self-employment and those limited to employer-based work. 

For employers, the clarified framework may reduce uncertainty when engaging open work visa holders and reinforce compliance expectations, particularly regarding independent contracting and business ownership arrangements. 

Background 

Open work visas in New Zealand have traditionally provided broad flexibility, allowing holders to work for most employers without being tied to a specific job offer, role, or location. However, the scope of permissible activities (particularly in relation to self-employment and business operations) has not always been clearly distinguished across different open visa categories. 

In response, Immigration New Zealand is introducing a more structured employment condition framework to clarify what types of work are permitted under each open work visa category. The changes are intended to promote transparency, strengthen compliance with employment and business laws, and ensure that visa holders and employers better understand their respective obligations. 

Looking ahead 

Immigration New Zealand is expected to update visa approval letters, online visa records and public guidance materials ahead of the April 20, 2026 implementation date to reflect the new employment condition categories. Individuals intending to apply for a new open work visa on or after April 20, 2026 should assess in advance whether their intended work arrangements align with the employment conditions attached to the relevant visa category. Where necessary, applicants may need to adjust their work arrangements or consider alternative visa pathways. 

We will continue to monitor operational guidance and implementation practices and will provide further updates as additional details become available. 

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at  Fragomen.