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Immigration Act - Immigration Regulations 2014

TUVALU
IMMIGRATION REGULATIONS 2014

Arrangement of Sections

Regulation
1 Citation and commencement
2 Visitors Permit
3 Permit to Enter and Reside
4 Application process for Permit to Enter and Reside
5 Additional requirements for a Permit to Enter and Reside to conduct business or undertake employment in Tuvalu
6 Cancellation of Visitor Permit or Permit to Enter and Reside
7 Fees for Permits to Enter and Reside
8 Prohibition on landing
9 Arrival Cards
10 Departure Cards
11 Repeal

SCHEDULE 1
LIST OF COUNTRIES WHO ARE NOT LIABLE TO PAY VISITORS PERMIT FEES

SCHEDULE 2
FORM 1 – FORM OF VISITORS PERMIT
FORM 2 – FORM OF PERMIT TO ENTER AND RESIDE
FORM 3 – APPLICATION FOR A PERMIT TO ENTER AND RESIDE
FORM 4 – APPLICATION FOR EXTENSION OF PERMIT TO ENTER AND RESIDE
FORM 5 – EMPLOYMENT SPONSORSHIP FORM
FORM 6 – PERMIT TO ENTER AND RESIDE SPONSORSHIP FORM
FORM 7 – MEDICAL EXAMINATION FORM
FORM 8 – RADIOLOGICAL EXAMINATION FORM
FORM 9 – NOTICE OF CANCELLATION OF VISITORS PERMIT/ PERMIT TO ENTER AND RESIDE
FORM 10 – NOTICE OF PROHIBITION ON LANDING
FORM 11 – ARRIVAL CARD
FORM 12 – DEPARTURE CARD

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IMMIGRATION REGULATIONS 2014
MADE UNDER SECTION 18 OF THE IMMIGRATION ACT

1 Citation and commencement
(1) These Regulations may be cited as the Immigration Regulations 2014.

(2) These Regulations shall commence on a date which the Minister by notice appoints.

2 Visitors Permit
(1) The Principal Immigration Officer may issue to any visitor a visitors permit for a maximum stay of 30 days under section 9 of the Act on such terms and conditions as the Principal Immigration Officer thinks fit, provided that:

(a) a visitor who is a citizen of a country listed in Schedule 1 shall not pay a fee;

(b) a visitor who is a citizen of a country not listed in Schedule 1 shall pay a fee of $100, unless the payment of such a fee is waived by the Minister.

(2) Subject to subsection (3), the conditions of a visitor permit shall be:

(a) no employment or conduct of business activities permitted;

(b) no study permitted; and

(c) no proselytising permitted.

(3) The Principal Immigration Officer may issue to any visitor who intends to engage in business or employment in Tuvalu a visitors permit with a special endorsement to engage in business on such terms and conditions as the Principal Immigration Officer feels fit for a maximum stay of 30 days, upon payment of a fee of $100 in addition to any fee imposed under subsection (1).

(3) The Principal Immigration Officer may extend a visitors permit for up to 30 days:

(a) upon the payment of an fee of $100 if no employment or conduct of business activities permitted; or

(b) upon payment of a fee of $200 if a visitor intends to engage in business or employment.

(4) Business activities include attending a conference or training session, performing any professional services in Tuvalu, including services provided to the Government and non-governmental organisations, and conducting negotiations for an exploratory business.

(5) A visitors permit shall be in Form 1 of Schedule 2.

3 Permit to Enter and Reside
(1) The Principal Immigration Officer may issue a permit to enter and reside under section 8 of the Act to a person entering Tuvalu for any the following purposes:

(a) the conduct of business in Tuvalu;

(b) employment in Tuvalu;

(c) study in Tuvalu;

(d) academic or scientific research in Tuvalu;

(e) a cultural or religious purpose;

(f) a family re-union or family support purpose;

(g) the purpose of accompanying a person entering Tuvalu under this subsection; or

(h) a purpose approved by the Minister

(2) A permit to enter and reside may be granted for a maximum stay of one year and may be extended in accordance with subsection 4(4).

(3) A permit to enter and reside shall be in Form 2 of Schedule 2.

4 Application process for Permit to Enter and Reside
(1) An application for a permit to enter and reside must be —

(a) made in Form 3 of Schedule 2;

(b) completed in English or Tuvaluan;

(c) signed by the applicant (unless the applicant is less than 18 years old, in which case it must be signed by a parent or guardian of the applicant);

(d) given to an immigration officer together with the following material:

(i) the applicant's passport or certificate of identity;

(ii) two passport sized photographs of the applicant's head and shoulders;

(iii) the fee prescribed under section 7;

(iv) the information and evidence required by the immigration officer to demonstrate the applicant fits the purpose for which the application is being made;

(v) evidence of financial capacity, or a Permit to Enter and Reside Sponsorship form from a resident sponsor made in Form 6 of Schedule 2;

(vi) any other information the applicant considers would evidence that he is eligible to be granted a permit to enter and reside.

(2) If an applicant intends to reside in Tuvalu for more than one year, the applicant must also complete a medical examination (Form 7), radiological examination (Form 8), and Police Report from every jurisdiction where he has lived for more than one year in the past five year period.

(3) A Permit to Enter and Reside shall be granted only to a person who is able to establish to the satisfaction of the Principal Immigration Officer that the person:

(a) is of good health and character;

(b) meets all requirements under the Act; and

(c) possesses a valid outward bound ticket or has paid a bond in the sum required by the Principal Immigration Officer to cover the costs of repatriation to the person's country of citizenship.

(4) An application to extend a Permit to Enter and Reside shall be in Form 4 of Schedule 2.

(5) A permit to enter and reside shall not be extended more than three times in any five year period, unless the Minister, acting in accordance with the advice of the Citizenship Committee established under the Citizenship Act, certifies that to do so is in the national interest.

5 Additional requirements for a Permit to Enter and Reside to conduct business or undertake employment in Tuvalu
(1) An application for a Permit to Enter and Reside to conduct business must be accompanied by:

(a) a description of the nature of the business;

(b) proof of the financial resources of the applicant; and

(c) any additional information which the Principal Immigration Officer may require.

(2) An application for a Permit to Enter and Reside to undertake employment must be accompanied by:

(a) an employer sponsorship from in accordance with Form 5 of Schedule 2; and

(b) any additional information which the Principal Immigration Officer may require.

6 Cancellation of Visitor Permit or Permit to Enter and Reside
(1) A visitors permit or a permit to enter and reside is cancelled if the person granted such permit:

(a) fails to enter Tuvalu within any period specified in such permit; or

(b) is convicted in Tuvalu or elsewhere of any offence and has been sentenced to a period of imprisonment of one year or more and has not received a free pardon,

and such person shall, if in Tuvalu, depart from Tuvalu forthwith.

(2) A visitors permit and a permit to enter and reside may be cancelled by the Minister, if the Minister is satisfied on reasonable grounds that the person granted the permit:

(a) provided false or misleading or incomplete information as part of the person's application for such permit; or

(b) has undertaken unauthorised employment; or

(c) has breached any of the terms and conditions attached to such permit; or

(d) has acted in a manner inconsistent with the person's stated purpose in being in Tuvalu or that the circumstances under which the permit was granted no longer apply; or

(e) has acted in a manner which is detrimental to the peace, order or good governance of Tuvalu or which is detrimental to the well being of Tuvalu; or

(f) is without sufficient lawful means of support for the person or any of the person's dependants; or

(g) where the person has an Permit to Enter and Reside to undertake employment, such employment has ceased or the person has changed employment.

(h) where the person has an Permit to Enter and Reside to conduct business, such business has ceased or the person has changed business activities.

(3) Where a permit is cancelled under this section the Minister shall cause to be served on the person a written Notice to this effect in Form 9 of Schedule 2.

(4) The Notice under subsection (3) shall:

(a) be in Tuvaluan or English; and

(b) state under which provision of this Act the Minister has acted

7 Fees for Permits to Enter and Reside
Fees for a permit to enter and reside and for the extension of a permit to enter and reside shall be as follows:

(a) to conduct of business in Tuvalu

(i) $600 for the principal applicant and $150 for each dependent if lodged outside Tuvalu, and

(ii) $1,200 for the principal applicant and $300 for each dependent if lodged inside Tuvalu;

(b) for employment in Tuvalu

(i) $600 for the principal applicant and $150 for each dependent if lodged outside Tuvalu, and

(ii) $1,200 for the principal applicant and $300 for each dependent if lodged in Tuvalu;

(c) to study in Tuvalu - $300 for the principal applicant and $150 for each dependent;

(d) to undertake academic or scientific research in Tuvalu - $600 for the principal applicant and $300 for each dependent;

(e) for a cultural or religious purpose - $100 for the principal applicant and $50 for each dependent;

(f) a family re-union or family support purpose - $100 for the principal applicant and $50 for each dependent;

(g) a purpose approved by the Minister - $200 for the principal applicant and $100 for each dependent; or

(h) visitor - $100 per person.

8 Prohibition on landing
Notification in terms of section 5(1)(d)(iv) of the Act shall be in Form 10 of Schedule 2.

9 Arrival Cards
Every person arriving in Tuvalu by air or by sea except the crew of commercial aircraft or commercial vessels shall, in terms of section 5(2) of the Act, complete an Arrival Card in Form 11 of Schedule 2.

10 Departure Cards
Every person departing from Tuvalu by air or by sea except the crew of commercial aircraft or commercial vessels shall complete a Departure Card in Form 12 of the Schedule 2.

11 Repeal

The Immigration Regulations of 01st January 1985 is hereby repealed in its entirety.

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SCHEDULE 1
LIST OF COUNTRIES WHO ARE NOT LIABLE TO PAY VISITORS PERMIT FEES
(Regulation 2(1))

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SCHEDULE 2
FORM 1 – FORM OF VISITORS PERMIT
(Regulation 2)

FORM 2 – FORM OF PERMIT TO ENTER AND RESIDE
(
FORM 3 – APPLICATION FOR A PERMIT TO ENTER AND RESIDE

FORM 4 – APPLICATION FOR EXTENSION OF PERMIT TO ENTER AND RESIDE
FORM 5 – EMPLOYMENT SPONSORSHIP FORM
FORM 6 – PERMIT TO ENTER AND RESIDE SPONSORSHIP FORM
FORM 7 – MEDICAL EXAMINATION FORM
FORM 8 – RADIOLOGICAL EXAMINATION FORM
FORM 9 – NOTICE OF CANCELLATION OF VISITORS PERMIT/ PERMIT TO ENTER AND RESIDE
FORM 10 – NOTICE OF PROHIBITION ON LANDING
FORM 11 – ARRIVAL CARD
FORM 12 – DEPARTURE CARD

Editors Note: Schedule 2 Forms (1 – 12), can be viewed in the attached PDF copy of this Regulation).