Entry, Residence and Departure Regulations 1997

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1 Title
2 Interpretation
3 Types of permits
4 Fees payable on application
5 Fees payable on issue of permit
6 Cabinet review
7 Permanent residence status
8 Certificate of identity

"business agent" means a person who does not engage in any work in Niue other than securing orders to import goods into Niue for the purpose of supply to businesses in Niue;

"entry and residence permit" means a permit to reside in Niue for a period of up to 36 months but, does not include the right to work;

(a) a permit issued to a person employed by or carrying out consultancy work for the Government of Niue either with or without remuneration; and

(b) a permit issued to the spouse and any child or children of any person qualifying under paragraph (a) provided however that the spouse and child or children will reside in Niue for a continuous period of not less than 3 months;

"extension permit" means a permit issued to the holder of either an Entry and Residence Permit, or a Study Permit, or a Visitor’s Permit, or a Work Permit, extending the term in the case of –

"family" means the spouse of the applicant and any children, by birth or legal adoption, and under the age of 18 years, of either the applicant or his spouse;

"holder" in relation to a permit or certificate of identity issued or granted under the Act or any regulations made thereunder, means the person in respect of whom the permit or certificate of identity is current; and in the case of a permit or a certificate of identity issued or granted in respect of more than 1 person, includes each of those persons;

"Immigration Officer" means a person employed in the Immigration Office as an Immigration Officer;

"permit" means a permit granted under the Act and includes a certificate of identity and all types of permits created by any regulations made under the Act;

"Study Permit" means a permit to undertake study in Niue either at Niue Primary School, or Niue High School, or any type of training or study offered at the University of the South Pacific Extension Centre or any type of apprentice scheme;

"Work Permit" means a permit to undertake a specific type of employment in Niue for a period of up to 36 months.

(1) The following types of permits as defined in regulation may be granted under section 8, of the Act –

(2) Should the holder of a Work Permit wish to change the type of employment specified in the work permit it shall be necessary for such holder to obtain the prior approval of an Immigration Officer.

(3) On the issue of a Work Permit the Immigration Officer issuing the work permit shall advise the holder ’s name and address to the Inland Revenue Department.

On every application for a permit a fee shall be payable in accordance with the Schedule. Such fee shall accompany the application for a permit.

(a) Subject to paragraphs (2) and (3) on the issue of every permit, a fee shall be payable under the Schedule.

(a) Where an application for a permit is for a period of time less than that specified for any particular type of permit, the permit fee payable shall be proportionate to the lesser period of time.

(b) There shall be no refund of the fee payable should the holder of a permit elect to remain in Niue for a period of time less than that specified in the permit.

(3) Any person married to or marrying a resident Niuean shall be required to pay a permit application fee and hold an appropriate permit, provided however, that person shall be exempt from paying a permit fee.

(1) Where the issue of a permit is declined for any reason an application for review may be made to Cabinet on payment of the fee set out in the Schedule, provided however, no such application fee shall be payable by a person married to a Niuean.

(2) Cabinet, after hearing an application for review, may in its discretion either uphold the decision of the Immigration Officer or direct that a permit issue.

(1) When an application for permanent residence, as referred to in section 5 of the Act, is granted the grant of permanent residence shall incur a fee as prescribed in the Schedule.

(2) The fee for granting permanent residence status to a family shall be the same as the fee for granting permanent resident status to a single person.

(1) Persons who are not Niuean but are residents of Niue and who do not possess a valid travel document may be issued with a Niue certificate of identity.

(2) Such certificate of identity may only be issued for the purposes of facilitating the holders entry into any country accepting Niue certificates of identity.

(3) A fee as prescribed in the Schedule shall be payable on the issue of the certificate of identity.

(4) The certificate of identity shall be in a form approved by the Immigration Officer.

Exemption permit	No charge
Visitors permit up to 30 days	No charge
Application for permanent residence status	$20.00
Granting of permanent residence status	$500.00
Entry and residence permit for up to 36 months or part	$100.00
Work permit up to 36 months or part thereof	$300.00
Study permit up to 36 months or part thereof	$100.00
Applications for an entry residence, work, or study permit	$10.00 each
Cabinet review
Extension permit
Entry and residence up to 36 months or part thereof	$50.00
Visitor (for any period up to 30 days)	$10.00
Work up to 36 months or part thereof	$250.00
Study Permit up to 36 months or part thereof	$80.00

Niue Consolidated Subsidiary Legislation

Entry, Residence and Departure Regulations 1997