Visa Traps for Unwary Business Travelers
October 31, 2014
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Fragomen posed this question to delegates at a recent conference in Auckland:
“An employee visiting from the US parent company, continuing to be paid by the US, will arrive to train external clients for a week. Do they require a work visa?”
The correct answer was a surprise to 90 percent of the audience: “Yes, they do.” Business travelers often contact us at the last minute to confirm they can enter New Zealand as a visitor, only to find their proposed activities require a work visa.
What do the Instructions SAY?
There are four categories which relate to the granting of a business visitor visa. The first three of these are relatively self-explanatory and are usually not an area of concern. They include:
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Representatives on official trade missions recognized by the New Zealand Government;
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Sales representatives of overseas companies in New Zealand for a period or periods no longer than a total of three months in any calendar year; and
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Overseas buyers of New Zealand goods or services for a period or periods of no longer than a total of three months in any calendar year.
However, it’s the fourth category where uncertainty can arise. This applies to:
“…people undertaking business consultations or negotiations in New Zealand on establishing, expanding, or winding up any business enterprise in New Zealand, or carrying on any business in New Zealand, involving the authorized representatives of any overseas company, body or person.”
What do the Instructions MEAN?
The broad wording means the Instructions are open to interpretation. The compliance risk usually falls on those travelers entering New Zealand from a visa-waiver country who may then be refused entry if they have incorrectly presumed their activities do not require a work visa.
Based on numerous discussions with Immigration New Zealand and our considerable experience in this area, the following is a good, high level guideline useful in assessing which type of visa is required.
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DURATION
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Business visits are often very short. Visitors holding visas of this type, and those entering as a visitor under the visa- waiver agreement, are limited to a stay of a total of 90 days in any one calendar year.
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Although a short visit would not exclude an individual from requiring a work visa, longer visits suggest the traveler is undertaking more than simply business meetings. If their stay is for a one-off period of three months, it is unlikely that a business visitor visa would apply.
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TRAINING
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A business visitor visa limits the visitor to training individuals internally. For example, providing health and safety training for employees of the same company.
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Any training involving external clients would require a work visa. For example, assisting clients to use a software program.
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CONFERENCES
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A visitor can generally attend a conference, either public or internal, on a visitor visa or business visitor visa. Making a presentation at an internal conference may also fall under this category.
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A presenter at a public conference would require a work visa unless they have obtained a special visa specific to this category.
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MEETINGS
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The subject matter of a meeting is what dictates the type of visa required. If the meeting is to promote new products and generate sales, a business visitor visa is generally required.
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If the meetings involve an ongoing project or require site inspections, reviews of project figures and so on, a work visa would be required.
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Conclusion
The various interpretations of the business visitor classification and the consequent grey area in New Zealand’s Immigration Instructions may well prove a stumbling block for the unwary. We recommend business travelers and employers alike contact Fragomen New Zealand to clarify visa requirements prior to travel. Like those delegates at the conference, you might just be surprised at the answer.
Licensed Immigration Adviser 201100384
