Immigration New Zealand (INZ) has announced new employment condition rules for open work visa holders, taking effect from 20 April 2026.
The changes are intended to clarify what types of work are permitted under open work visas, helping migrants and employers better understand their rights and responsibilities.
Importantly, these changes only apply to open work visas. They do not apply to Student Visas or Employer-specific visas, such as the Accredited Employer Work Visa (AEWV).
What Is an Open Work Visa?
Open work visas allows migrants to work for almost any employer, in almost any job in New Zealand.
This is different from employer-specific visas, such as the AEWV, which only allows the visa holder to work for the employer in the role and at the location stated on their visa.
New types of Open Work Visa conditions
From April 2026, open work visas will now include one of two types of employment conditions.
Open Work Visas allowing any work
Holders of these visas will continue to be able to undertake any type of work, including:
- Working for an employer
- Sole trading
- 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
This clarification will be especially helpful for migrants who were previously unsure whether self-employment or business ownership was permitted under their open visa.
Open Work Visas requiring work for an employer
Other open work visa holders will be required to work for an employer, either under an employment agreement or a contract for services.
They will not be allowed to:
- Be self-employed
- Own or operate a business
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
- All Working Holiday Visas
These visas are often designed to provide temporary support or protection, so the focus is on standard employment rather than business activities.
Conditions that apply to all open work visas
1. Prohibition on commercial sexual services
All work visa holders are prohibited from:
- Providing commercial sexual services
- Operating or investing in a business that provides such services
This rule remains unchanged.
2. New restrictions on employing staff
INZ has clarified that no open work visa holder may:
- Employ staff directly, or
- Employ staff indirectly through a business they own
This is a significant shift for migrants currently running businesses that employ others. INZ has introduced transitional arrangements to support those affected.
Transitional arrangements for current visa holders
If you currently hold an open work visa and are:
- Self‑employed in a way that will no longer be permitted under the new conditions, or
- Operating a business that employs staff
You may continue these activities until your current open work visa expires, provided the work does not involve commercial sexual services.
This grace period is designed to give migrants time to understand the new rules and make any necessary changes to the way they work or run their business before applying for their next visa.
However, once you are granted a new open work visa after the changes come into effect, the updated employment conditions will apply.
What this means for migrants and employers
For migrants, these updates provide clearer guidance on what is, and isn’t, allowed under open work visas. This reduces the risk of unintentional visa breaches and helps migrants make informed decisions about employment and business opportunities.
For employers, the changes serve as a timely reminder that many migrants on open work visas do not need to be supported through the AEWV system. This means employers may not need to become accredited, or complete a Job Check, before hiring someone on an eligible open work visa.
How Greenstone Immigration can help
Understanding visa conditions can be complicated, especially when immigration rules change. Greenstone Immigration’s team of 9 Licensed Immigration Advisers can help migrants and employers understand how the new open work visa conditions apply to their situation.
We can assist with:
- Understanding what work is permitted under your open work visa
- Advising migrants who may be running businesses or are self-employed
- Helping employers understand which migrants they can legally hire
- Planning the best visa pathway moving forward
If you are on an open work visa or employing migrant workers, it is important to understand how these changes may affect you.
Contact Greenstone Immigration today for advice on your visa options and employment conditions.
Licensed Immigration Adviser