Upcoming changes to employment conditions for Open Work Visa holders
12 March 2026
Changes to employment conditions for open work visa holders will come into effect on 20 April 2026, introducing clearer rules about the types of work permitted under these visas.
The updates are designed to improve clarity for migrants about their rights and responsibilities when working in New Zealand. By introducing more consistent employment conditions, Immigration New Zealand aims to reduce uncertainty and support safer, fairer and more compliant working arrangements for both migrants and their Kiwi employers.
Importantly, these changes apply only to open work visas. Employer-specific visas, such as the Accredited Employer Work Visa, will not be affected.
Understanding Open Work Visas
To date, an open work visa has allowed a migrant to work in New Zealand without being tied to a particular employer or job or location. This flexibility enabled visa holders to change employers, roles and locations without needing further immigration approval. It also permitted visa holders to work for multiple employers, to be self-employed, to combine self-employment with employee-roles, or to choose not to work at all, if they preferred.
However, the new framework is more prescriptive and stipulates that different visa categories serve different purposes in New Zealand. As a result, from April 2026, open work visas will fall into one of two employment condition groups.
Open Work Visas allowing full work flexibility
Some open work visa holders will continue to have broad freedom in how they work in New Zealand. Under these visas, individuals may:
- Work for any employer
- Work as a contractor
- Operate as a sole trader
- Own and run a business
This level of flexibility will apply to several visa categories where the visa holder’s right to work is connected to a partner’s visa status or study history. These include:
- Partner of a Worker Work Visa
- Partner of a Student Work Visa
- Partner of a Student Work Visa linked to 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
For these visa holders, the ability to undertake self-employment or operate a business will remain unchanged.
Open Work Visas requiring employment by an employer
Other visa categories will now require visa holders to work only for an employer. Under these visas, individuals must undertake work either as:
- An employee under an employment agreement, or
- A contractor operating under a contract for services.
Immigration New Zealand treats work performed under a contract for services as employment for the purposes of these visa conditions.
Visa holders in this category will not be permitted to operate their own business or work as self-employed individuals.
This employment condition will apply to the following visa types:
- 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
So, what are the restrictions to all Open Work Visas?
Regardless of the type of employment condition attached to the visa, some restrictions apply across all open work visa categories.
Open work visa holders are not permitted to:
- Employ staff directly or indirectly through a business they own or operate, including where that business is the named employer.
- Provide commercial sexual services or operate, invest in or manage a business involved in commercial sexual services.
Visa holders must also continue to comply with all applicable New Zealand employment and business laws.
Transitional arrangements for current visa holders
Transitional arrangements have been introduced for individuals who may currently be undertaking work that would not be permitted under the new conditions.
Where a visa holder is engaged in work that will no longer be allowed under the updated framework (excluding commercial sexual services), they may continue that activity until their current visa expires. This approach provides time for visa holders to understand the new conditions and adjust their work arrangements if necessary.
However, any future visa applications will need to meet the employment conditions attached to the relevant visa category.
Working holiday visas
The updated framework also clarifies expectations for Working Holiday Visa holders.
While working holiday visas allow visitors to undertake temporary work when travelling in New Zealand, the primary purpose of the visa remains tourism. Under the clarified conditions, individuals on working holiday visas must work for an employer, either as an employee or under a contract for services.
They cannot operate a business or work as self-employed individuals while holding this visa.
What the changes to Open Work Visas mean for migrants and employers?
Although these changes do not substantially alter the flexibility available to many open work visa holders, they do introduce clearer boundaries around self-employment and business activity.
Migrants should review the employment conditions attached to their visa to ensure their work arrangements remain compliant. Employers working with migrants on open work visas should also confirm that the visa conditions align with the nature of the work being offered. Employing a migrant in breach of their visa conditions is an offence under the Immigration Act and can have serious repercussions for Kiwi employers.
Understanding these distinctions will become particularly important when planning future visa applications or considering self-employment opportunities in New Zealand.
Need advice on your Open Work Visa conditions?
If you are unsure whether your visa allows self-employment, contracting or business ownership, the Pitt & Moore immigration team can help.
We regularly assist migrants and employers with:
- Visa condition compliance
- Work visa options and transitions
- Immigration advice for employers hiring migrants
Disclaimer: The information contained in this publication is of a general nature and is not intended as legal advice. It is important that you seek legal advice that is specific to your circumstances.
