Immigration law in Tuvalu

The Immigration Act and Immigration Regulations, consolidated in the 2022 Revised Edition, provide the main rules. The Principal Immigration Officer, Immigration Officers and the Minister handle immigration decisions. The Registrar of Citizenship and Citizenship Committee handle citizenship matters, while the Ministry responsible for Labour becomes involved in employment applications. A foreign national must enter with a valid permit unless an exemption applies. On arrival, the traveller may need to appear before an Immigration Officer, provide the required information and forms, and complete arrival and departure cards. An outward ticket or evidence of onward travel may be required, and the authorities may require a repatriation bond. The applicant carries the burden of proving that the conditions for entry or residence are met. Exemptions include Tuvalu citizens, certain military and diplomatic personnel, some Government employees and families, specified returning students, Minister-designated persons and exempt seamen. If an exemption ends, the person generally has three months to obtain a permit before becoming unlawfully present. A visitor is generally admitted for a short stay. The Act defines a visitor as intending to stay for no more than four months, while the Regulations provide a Visitors Permit for up to 30 days. An extension can add up to 30 days, but the cumulative stay limit is normally three months in the preceding 12 months. Ordinary visitor conditions prohibit employment, business, study and proselytising. A special endorsement can permit business or employment for up to 30 days, subject to the applicable fee and conditions. A visitor may need an onward ticket or evidence of entry to a third country. The visitor fee is generally $100 for nationalities outside Schedule 1, although a waiver may be possible; the forms describe a reciprocal visitor charge of AUD 100. A special business or employment endorsement costs an additional $100, and an extension costs $100 without work or business or $200 with work or business. A Permit to Enter and Reside covers business, employment, study, academic or scientific research, cultural or religious purposes, family reunion or support, accompanying persons and other purposes approved by the Minister. The permit can last up to one year and may be extended up to three times within five years, except where the national interest and Citizenship Committee advice support an exception. An application uses Form 3 in English or Tuvaluan and normally includes a passport or certificate of identity, two passport photographs, the fee, evidence of the purpose, evidence of funds or Form 6 from a resident sponsor, and an outward ticket or repatriation bond. A stay planned to exceed one year requires a medical examination on Form 7, a radiological examination on Form 8 and police reports from each jurisdiction where the applicant lived for more than one year during the previous five years. Good health and character are part of the assessment. Employment applications require Form 5 Employer Sponsorship. Business applicants provide a business description and financial evidence. The Immigration Office forwards an employment file to the Ministry responsible for Labour, and labour approval precedes the immigration permit decision. The reviewed legislation does not show a separate standalone work-permit instrument. A residence permit may restrict the occupation or employer. Unauthorised work, changing or ending the approved employment or business, or changing the stated purpose can lead to cancellation. Immigrant employees remain covered by the Labour and Employment Relations Act; contracts lasting more than three months must be written and attested by the Secretary. Labour inspection, conciliation and review or appeal mechanisms may apply. Permit conditions bind the holder. The holder must maintain lawful means of support, provide truthful and complete evidence and comply with arrival and departure requirements. A permit ends automatically if the holder fails to enter within the permit period or is convicted and sentenced to at least one year without a free pardon. The Minister may cancel it for false or incomplete information, unauthorised work, a breach of conditions, a change of purpose, insufficient support or a change in employment or business. Cancellation can also be based on a detriment to peace, order, governance or well-being. Written notice is given on Form 9, and an appeal does not suspend cancellation. A person may be treated as a prohibited immigrant when there is no valid permit or exemption, a removal or deportation order, insufficient support or no definite employment, relevant medical grounds, specified foreign convictions or a Ministerial declaration or order that the person is undesirable. Family members or dependants may also be affected. After a conviction for unlawful presence, the Minister may issue a removal order after 14 days or a longer stated period. Execution generally waits until a conviction appeal is resolved or the appeal period expires. A person may be held in custody, and removal may proceed to the country of origin, the country of citizenship or another state that agrees to receive the person. The person or vessel usually bears the costs, although the Consolidated Fund may cover them at the authorities' discretion. An aggrieved person may refer an immigration decision to the Minister in writing within 14 days, or within 28 days when the resident is outside Tuvalu. The Minister may confirm, vary or overrule the decision. An interim permit may be available when the person is unlikely to become a public charge. The legislation reviewed does not specify a statutory deadline for deciding the appeal. Citizenship registration is available through the Registrar for adults who are not citizens by operation of law and may also cover qualifying marriage to a Tuvalu citizen, adoption by a qualifying citizen, parentage and historic Independence-Day categories. A parent or guardian may apply for a person under 18. Form 2 and supporting evidence are required, and the law does not set a general time limit for applying. Naturalisation is decided through the Citizenship Committee and Registrar. The applicant must generally be at least 18, have seven years of ordinary residence, intend to make Tuvalu a permanent home, hold personal assets of at least $250,000, know Tuvalu's laws and customs, satisfy the character requirement and have no permanent communicable disease. A sentence of at least 12 months prevents the stated good-character qualification. The process may require documentary and oral evidence and an Oath of Allegiance before the Governor-General. Renunciation of another nationality is required unless impracticable, in which case the applicant may use the declaration under section 10. Section 9(1) states that a Tuvalu citizen may also be a citizen of another country, while registration and naturalisation forms still require renunciation or the section 10 declaration, so the applicable case must be reconciled with the authorities. Citizenship fees include $100 for a registration application and $500 for its certificate, $300 for a naturalisation application and $10,000 for its certificate, $300 for a foreign-nationality renunciation declaration, $300 for renouncing Tuvalu citizenship, $200 for a regained-citizenship certificate and $20 for a certified copy. A former citizen seeking to regain citizenship generally needs five years of residence, excluding time before loss or renunciation. Disputes involving the Citizenship Committee can proceed to the Minister and then the High Court. A person facing loss or deprivation must receive an opportunity to make representations. False material statements, false documents or concealment can lead to a fine of $1,000 and imprisonment for one year. Tuvalu is party to the 1951 Refugee Convention and the 1967 Protocol, but the current domestic Immigration Act and Regulations contain no dedicated asylum or refugee-status determination procedure. UNHCR may assist with assessment, yet protection access is fragmented and no automatic refugee residence status has been evidenced. A Permit to Enter and Reside and Ministerial or Principal Immigration Officer discretion may provide the closest domestic mechanism in an individual case. Tuvalu also has no standalone permanent residence permit. A person seeking a durable position generally needs renewable residence permission and may later seek naturalisation after seven years if every statutory condition is met; neither outcome occurs automatically.