Immigration law in Fiji

The main legal framework consists of the Immigration Act 2003, the Immigration Regulations 2007 and the Citizenship of Fiji Act 2009. The Ministry and Department of Immigration, the Director of Immigration and the Permanent Secretary handle immigration matters nationally, with no separate administrative or city-based immigration system identified for Fiji. A non-citizen generally needs a visa before travelling to Fiji unless a visa exemption, current permit or visa, or another legal exemption applies. The traveller needs a valid passport or travel document and completes immigration clearance on arrival and departure. A visa does not automatically guarantee entry. Immigration officers can assess the person and the applicable conditions at the border. A Visitor Permit covers tourism, visits to family or friends, business visits, conferences, transit and crew activities. A Business Visitor Permit generally allows up to 21 days, with a possible extension to 30 days at the authority's discretion. Visitor status does not authorize employment or study. Other permissions cover more specific purposes: a Student Permit can last up to three years; an Internship or Training Permit up to 12 months; a Research Permit up to six months per issue and 18 months in total; and a Work Permit up to three years. Investor, Special Purpose and Residence Permit on Assured Income categories address other documented situations. Special Purpose permissions can cover medical treatment, yacht activities, family circumstances and other approved purposes. An Assured Income permit can last up to three years and is intended for people who support themselves from assets outside Fiji without relying on public funds. Work authorization is tied to the approved employer, position and permit conditions. Categories include skilled contracted workers, time-post workers, short-term work of up to one year, long-term work, overseas-employer assignments, NGO, education, religious, volunteer, fishing and maritime work. Applications commonly require an employment contract, an employer request and justification, passport and photographs, police and medical reports, qualifications and, where relevant, endorsements from the Fiji Immigration Department, the Fiji Investment and Trade Bureau or Investment Fiji. Changing an employer or position requires approval. Short-term work permission does not include dependants, and the employer's repatriation duty follows the contract. Study applications generally rely on an acceptance letter, proof of funds or sponsorship, a return ticket, local guardian or support arrangements, police and medical reports and certified English translations. Primary education in years 1 to 8 is not admitted under a study permit. A student's spouse and children under 21 may be included where the applicable conditions are met. A bond may be required for study lasting more than 12 months. Family and status-based exemptions can change the usual permit process. The spouse of a Fiji citizen may qualify for an exemption status, but employment still requires a work permit. An unmarried child under 18 of a Fiji citizen may receive exemption status for entry, residence and study. A person registered in the Vola ni Kawa Bula with a foreign passport may enter, reside, study and work without a fee. Descent-based exemption can apply to descendants of a person considered a Fiji citizen on 10 October 1970. A Fiji citizen travelling with a foreign passport may use a dual-citizen exemption for entry, residence, study and work until that passport expires. The spouse and children under 18 of an exempted person may qualify according to the relevant exemption category. Protection claims follow Part 6 of the Immigration Act, sections 38 to 48. A person makes an asylum claim to an immigration officer and can receive a provisional protection permit after declaring an intention to seek protection or refugee recognition. A protection permit follows a status determination. Section 45 protects the confidentiality of the claim, and section 47 reflects the principle of non-refoulement, meaning that a person should not be returned to a place where the legally protected risk applies. Refugee decisions and appeals follow sections 43 and 44. Protection permits can contain conditions concerning public order, government requirements and other conditions set by the Permanent Secretary. Religious activity requires written approval. Protection status does not automatically create permanent residence or citizenship. A Permanent Residence Permit is the direct permanent-residence status. The Permanent Secretary has discretion under regulation 51. The applicant generally needs a home in Fiji, a presence that benefits Fiji or its citizens, and five years of physical and lawful residence. Former Fiji citizens, including a spouse or dependant in an eligible case, may qualify where the person's presence benefits Fiji. A permanent residence permit is valid for five years and is not the same as citizenship. Citizenship can arise by birth, registration or naturalisation. Registration can cover a child born abroad to a Fiji citizen, an adopted foreign child, a child whose parent becomes a citizen, a former citizen and an adult married to a Fiji citizen. An adult child of a Fiji citizen and a spouse or naturalisation applicant may need lawful presence or residence for three or five years immediately before applying, depending on the legal category; visitor and student time is excluded in the relevant categories. Adult naturalisation uses a five- or ten-year lawful-presence requirement depending on the applicable provision. Citizenship applications require an eligibility search, police reports, evidence of good character, an oath or affirmation and birth, passport and relationship documents. Fiji law permits dual citizenship, but the other country's law must be checked separately. Applications use the prescribed form and commonly include the passport biodata page, photographs taken within six months, birth, marriage, adoption or other relationship evidence, police clearance, a medical report, sponsor, employer or institution letters, financial evidence, a return ticket and an address. Documents not in English require a registered translator. Copies must be certified by a registered justice of the peace or legal officer. Incomplete or false information can prevent processing, lead to refusal or create offence risks. Applications may be lodged online, at an Immigration Office or through an Embassy or Consulate. Standard processing is generally 21 working days, but completeness, checks and external responses can change the time. Permit extensions should generally be lodged at least one month before expiry. Fees change, so the current Ministry fee table should be checked when filing. The fee notice effective 1 August 2025 listed FJD 650.05 for a work, residence or other permit application, FJD 185 for permit issue, FJD 136 for a student application plus FJD 185 for issue, FJD 93 for a visitor extension, FJD 650.05 for short-term permission and FJD 185 for a prohibited-immigrant uplift application. Citizenship fees listed in the research include FJD 374 for a child under 18, FJD 506 for a child aged 18 or older, FJD 3,450 for a former citizen and FJD 5,750 for naturalisation. Bonds, medical examinations, translations, certification and return travel can add costs. Visa and permit conditions control what the holder may do. Unauthorised work, study or business can lead to cancellation, refusal, prohibited-immigrant status, removal or deportation, and detention while a decision is pending. The Immigration Act can also support recovery of related costs. A refusal, extension refusal, variation, condition, cancellation or refugee decision can generally be appealed in writing to the Minister within 21 days under section 58. The appeal is lodged with the Director of Immigration, states the grounds and uses the prescribed fee; the current appeal fee is FJD 929, and the Minister is expected to decide within 21 days. Citizenship decisions use the Citizenship Appeals Tribunal under section 21 and the 2021 Rules. A prohibited-immigrant uplift is a separate application and travel should wait until a decision is made.