Open work visa employment conditions changing from 20 April 2026

From 20 April 2026, Immigration New Zealand will introduce new employment conditions for open work visa holders. The changes are designed to clarify what types of work are permitted and to better align visa conditions with immigration definitions of employer and employee.

While open work visas are often described as flexible, not all visa holders will retain the same level of flexibility under the updated framework.

Two types of employment conditions

From 20 April, open work visas will include one of two employment conditions.

Open work visas allowing any work

Some visa holders will be able to undertake any lawful work in New Zealand. This includes working for an employer, sole trading, or owning and operating a business.

This condition will apply to work visas such as:

• Partner of a Worker Work Visa
• Partner of a Student Work Visa
• Post Study Work Visa
• Partner of a New Zealander Work Visa
• Partner of a Military Work Visa

These visa holders will retain the ability to operate independently, provided they comply with New Zealand employment and business laws.

Open work visas requiring work for an employer

Other open work visa holders will be limited to working for an employer under an employment agreement or contract for services. For immigration purposes, a contract for services is treated as employment.

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

Working holiday visa holders, in particular, will not be permitted to operate a business.

Conditions that apply to all open work visas

Regardless of category, all open work visa holders:

• Must comply with New Zealand employment and business laws
• Cannot employ other people, either directly or through a business they own or operate
• Cannot provide commercial sexual services
• Cannot operate or invest in a business providing commercial sexual services

These restrictions apply across all open work visa types.

Transitional arrangements

Visa holders who are currently undertaking work that will not be permitted under the new conditions, excluding commercial sexual services, may continue that work until their current visa expires.

However, any future visa applications will need to meet the employment conditions linked to the relevant visa category.

What this means for migrants and employers

For migrants, the key issue is understanding which employment condition applies to your visa and whether your current work arrangements align with it. The difference between being able to operate independently and being required to work under an employment agreement may be significant.

For employers and businesses, particularly those engaging contractors, working holiday makers or open work visa holders, clarity around permitted work activity will be important for compliance and risk management.

The changes are intended to reduce uncertainty. In practice, they also mean that assumptions about the flexibility of open work visas should be revisited.

How New Zealand Immigration Partners can assist

New Zealand Immigration Partners works with both individuals and employers to assess compliance, review visa conditions, and ensure work arrangements align with immigration requirements.

If you are unsure how the 20 April changes affect you or your business, our team can provide tailored guidance.