Upcoming Changes to Employment Conditions for Open Work Visa Holders

New Zealand will introduce important updates to employment conditions for open work visa holders, effective 20 April 2026. These changes aim to provide greater clarity around permitted work activities, ensuring migrants clearly understand their rights and obligations while promoting fair, safe, and compliant employment practices.

Purpose of the Changes

Open work visas have traditionally offered flexibility, allowing holders to work for most employers in a wide range of roles without a job offer. However, this flexibility has sometimes led to uncertainty regarding what types of work are permitted—particularly in relation to self-employment and business activities.

The updated framework introduces clearer, more structured conditions to:

• Reduce ambiguity around work rights

• Support compliance with New Zealand employment and business laws

• Protect migrants from exploitation

• Provide greater certainty for employers

It is important to note that employer-specific visas, such as the Accredited Employer Work Visa, are not affected by these changes.

These updates also do not apply to Student Visa holders.

Two New Categories of Employment Conditions

From 20 April 2026, all open work visas will fall under one of two employment condition categories:

1. Open Work Visas Allowing Any Work

Visa holders under this category will be permitted to:

• Work for any employer

• Be self-employed (sole trader)

• Own and operate a business

This applies to:

• Partner of a Worker Work Visa

• Partner of a Student Work Visa

• Partner of a Student Work Visa (NZ Scholarship – MFAT funded)

• Post Study Work Visa

• Partner of a New Zealander Work Visa

• Partner of a Military Work Visa

2. Open Work Visas Requiring Work for an Employer

Visa holders under this category must:

• Work for an employer only

• Be engaged under an employment agreement or a contract for services

Note: A contract for services is treated as employment under these conditions.

This applies 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

Conditions Applicable to All Open Work Visas

Regardless of the category, all open work visa holders must comply with New Zealand laws and visa conditions.

Key restrictions include:

• No employment of others: Visa holders cannot employ staff directly or indirectly through a business they own

• Prohibition on commercial sexual services: Visa holders cannot provide, operate, or invest in businesses offering such services

Transitional Arrangements

To support a smooth transition:

• If you are currently undertaking work that will no longer be permitted under your visa (excluding prohibited industries), you may continue until your current visa expires

• This provides time to:

  • Understand updated conditions

  • Restructure work or business arrangements if required

  • Prepare for future visa applications

All future visa applications must comply with the updated employment conditions relevant to the visa category.

Working Holiday Visa Clarification

The primary purpose of a Working Holiday Visa remains tourism, with the ability to undertake temporary work.

Under the new rules:

• Work must be performed for an employer only

• Engagement must be under:

  • An employment agreement, or

  • A contract for services

• Operating a business is not permitted

Final Remarks

These changes reflect a broader effort by Immigration New Zealand to create a more transparent and structured immigration system. By clearly defining employment rights, the updated framework enhances compliance, protects migrant workers, and ensures consistency across visa categories.

Visa holders are strongly encouraged to review their visa conditions and seek professional advice where necessary to ensure full compliance under the new rules.