Immigration & Citizenship

Immigration

Visas

The Immigration Act 2003 and Immigration Regulations 2007, provide the visa requirements and application process for non-citizens intending to enter Fiji. There are two types of visas that can be granted:

Single entry visa: Valid for a single journey to Fiji within 3 months of issuance and allows a stay of up to 4 months.
Multiple entry visa: Valid for multiple journeys to Fiji within 12 months of issuance, with each stay not exceeding 4 months.

Legal Requirement: Regulation 3 of the Immigration Regulations 2007

Non-citizens of Fiji must obtain a visa to enter the country unless they fall under certain exemptions.
Exemptions include being the holder of a valid visa or permit, being exempted from obtaining a visa under specific sections of the Act, or being exempted from obtaining a permit for residency and work in Fiji.

Application Process: Regulation 4 of the Immigration Regulations 2007

An application for a visa must be made to an immigration officer using the approved form.
The application must be accompanied by a certified copy of the applicant’s travel document, the required fee, evidence of a return ticket (if requested), evidence of sufficient funds for the trip, and two passport size photographs.

Grant of Visas: Regulation 5 of the Immigration Regulations 2007

An immigration officer may grant a visa to a non-citizen if certain conditions are met, including the purpose of travel, being a representative of a foreign government or their relative, or being likely to receive arrival immigration clearance under Part 3 of the Regulations.

The immigration officer may grant a visa if the non-citizen intends to travel to Fiji for one of the following purposes:

Visiting a friend, relative, or for a holiday.
Transiting Fiji for another destination within 72 hours after entry.
Being a member of the crew of a carrier.

Note: under the Act, the term “relative” is defined as a member of a person’s family, regardless of the relationship arising from birth, marriage, or adoption.

Visa Refusal: Regulation 6 of the Immigration Regulations 2007

An immigration officer may refuse to grant a visa to a non-citizen if the individual is not of good character, their presence in Fiji would be prejudicial to the country, or if they fail to provide a certificate of good health as requested by the immigration officer.

Entry Requirements: Regulation 7 of the Immigration Regulations 2007

Persons entering Fiji must go through arrival immigration clearance either:

If arriving by sea, they must be cleared before disembarking the ship.
If arriving by air, they must be cleared immediately after disembarking the aircraft.

For arrival immigration clearance, the person must personally present the following documents to an immigration officer:

An arrival card completed in English.
The person’s travel document.
For non-citizens, evidence of a valid visa or permit.
Any other documents required by the Act or Regulations, or as reasonably requested by the immigration officer in a particular case.

Failure to obtain arrival immigration clearance as required in sub regulation (1) will result in the person being refused entry into Fiji.

The immigration officer may waive the provisions of sub regulations (1) and (2) in specific cases, which include:

Representatives of foreign governments.
Relatives of representatives of foreign governments.
Persons for whom the Minister responsible for Foreign Affairs has sought a waiver.
Persons unable to personally present the required documents due to reasons beyond their control.

A person presenting themselves for arrival immigration clearance must remain with the immigration officer until the clearance process is completed.

Exit Clearance Requirements: Regulation 8 of the Immigration Regulations 2007

Persons departing Fiji must undergo exit immigration clearance by presenting themselves to an immigration officer at least 30 minutes, or a specified period by the immigration officer, prior to their scheduled departure.

Failure to obtain exit immigration clearance as required in sub regulation (1) will result in the person being not allowed to depart Fiji.

For exit immigration clearance, the person must personally present the following documents to an immigration officer:

A departure card completed in English.
The person’s travel document.
Any other information required by the Act or Regulations, or as reasonably requested by the immigration officer in a particular case.

Exit immigration clearance will not be granted if a Government department or agency, acting under relevant laws, authorizes the arrest, detention, or restriction on the movement of that person.

The immigration officer may waive the provisions of sub regulation (3) in specific cases, which include:

Representatives of foreign governments.
Relatives of representatives of foreign governments.
Persons for whom the Minister responsible for Foreign Affairs has sought a waiver.
Persons unable to personally present the required documents due to reasons beyond their control.

A person presenting themselves for exit immigration clearance must remain with the immigration officer until the clearance process is completed.

Permits

Application for Grant of Permit: Regulation 16 of the Immigration Regulations 2007

An application for a permit must be submitted using the approved form.
The application should be accompanied by the appropriate application fee specified in Part 1 of the Schedule.
The applicant must provide certain documents or information as specified by the Permanent Secretary. These may include two passport size photographs, a certified copy of the applicant’s passport, evidence of a valid return ticket to a country authorized for entry, evidence of sufficient funds for the travel and stay in Fiji, and any other information requested by the Permanent Secretary.

Bonds and Security: Regulation 17 of the Immigration Regulations 2007

The Permanent Secretary has the authority to request a non-citizen applying for a permit to provide a sum of money as a bond or security before the permit is granted.
If the non-citizen breaches any conditions of the permit or remains in Fiji without lawful authority after the permit’s expiration, the bond or security may be forfeited to the State, unless the Permanent Secretary decides otherwise in special circumstances.

Other than the cases mentioned in sub regulation (2), the bond or security must be returned to the non-citizen as soon as reasonably practicable after the permit’s expiration.

Refusal of Permit: Regulation 18 of the Immigration Regulations 2007

The Permanent Secretary has the authority to refuse granting a permit to a non-citizen if they are not considered a person of good character.
The Permanent Secretary may require that a non-citizen be certified by an approved medical practitioner to be in good health before granting the permit. Failure to obtain such certification may lead to refusal of the permit.

Waiver of Conditions: Regulation 19 of the Immigration Regulations 2007

The Permanent Secretary has the discretion to grant a permit without attaching any terms or conditions to it.
The holder of a permit can apply in the approved form to request the waiver of any one or more terms or conditions that were initially attached to the permit. The Permanent Secretary may consider such applications and decide whether to grant the waiver or not.

Waiver of Application Fee: Regulation 20 of the Immigration Regulations 2007

The Permanent Secretary may, upon application by a non-citizen applying for a permit, waive the requirement of paying the application fee. The decision to waive the fee is at the discretion of the Permanent Secretary.
Overall, these regulations provide guidelines for the Permanent Secretary’s authority in matters related to granting permits, refusal based on character or health grounds, the possibility of waiving permit conditions, and the waiver of application fees in specific cases.

Types of Permits and Legal Requirements

Criteria, Conditions and Duration for Visitor Permit: Regulations 24-26 of the Immigration Regulations 2007

In Fiji, the issuance of a visitor permit to non-citizens is governed by the Immigration Regulations. The Permanent Secretary has the discretion to grant a visitor permit to a non-citizen based on several purposes. These include tourism, participation in sporting or recreational activities, visiting a friend or relative who is a Fiji citizen, attending conferences or meetings, transiting through Fiji, or serving as a crew member of a carrier. However, the grant of a visitor permit is subject to certain conditions. The permit holder must agree not to engage in any behavior prejudicial to Fiji’s peace, good order, good government, or morale. Furthermore, without written approval from the Permanent Secretary, the permit holder must refrain from conducting business, employment, religious vocation, research, or study. Additionally, the Permanent Secretary may impose other conditions in writing that the permit holder must not breach. The duration of the visitor permit is initially for a period not exceeding four months from the date of issuance. However, the permit can be extended for an additional period, not exceeding two months, upon payment of the specified fee as per Part 1 of the Schedule to these Regulations. These regulations ensure that visitors to Fiji comply with the prescribed purposes and abide by the specified conditions during their stay in the country.

Criteria, Conditions and Duration of Provisional Protection Permit: Regulations 27-29 of the Immigration Regulations 2007

In accordance with the regulations, the Permanent Secretary in Fiji has the authority to grant a provisional protection permit to a non-citizen who has expressed their intention to seek protection or recognition as a refugee in Fiji. The grant of this permit is subject to certain conditions. The holder of the provisional protection permit must agree not to engage in behavior that could be prejudicial to Fiji’s peace, good order, good government, or morale. Additionally, the permit holder must not engage in any religious vocation without obtaining written approval from the Permanent Secretary. Moreover, any other conditions imposed in writing by the Permanent Secretary must not be breached by the permit holder. The validity of the provisional protection permit is initially for a period of four months from the date the non-citizen expresses their intention. This permit can be extended further, as deemed appropriate by the Permanent Secretary, upon payment of the specified fee mentioned in Part 1 of the Schedule to these Regulations. These regulations aim to provide a framework for granting provisional protection to individuals seeking refuge in Fiji and ensure compliance with the specified conditions during the permit’s validity period.

Criteria, Conditions and Duration of Protection Permit: Regulations 30-32 of the Immigration Regulations 2007

As per the regulations, the Permanent Secretary in Fiji holds the authority to grant a protection permit to a non-citizen who qualifies as an asylum seeker and should be recognized as a refugee in Fiji under Part 6 of the Act. The issuance of a protection permit is subject to specific conditions. The holder of the protection permit must agree not to engage in any behavior that could be prejudicial to Fiji’s peace, good order, good government, or morale. Additionally, the permit holder must not engage in any religious vocation unless written approval is obtained from the Permanent Secretary. Moreover, any other conditions imposed in writing by the Permanent Secretary must not be breached by the permit holder. The protection permit is initially valid for a period of three years from the date the Minister determines that the non-citizen qualifies for refugee status in Fiji. This permit can be extended further, as deemed appropriate by the Permanent Secretary, upon payment of the specified fee mentioned in Part 1 of the Schedule to these Regulations. These regulations ensure the provision of protection to qualified asylum seekers and refugees in Fiji and promote compliance with the specified conditions during the permit’s duration.

Criteria, Conditions and Duration of Student Permit: Regulations 33-35 of the Immigration Regulations 2007

The Permanent Secretary has the authority to grant a student permit to a non-citizen if certain criteria are met. The applicant must be enrolled in or have a letter of acceptance from a secondary or tertiary educational institution registered with the Ministry of Education in Fiji, and they must be a genuine student intending to undertake a course of study. Additionally, the applicant must demonstrate sufficient funds to support themselves and any accompanying family members while residing in Fiji. The grant of a student permit is subject to specific conditions. The holder of the permit is required to attend at least 80% of the contact hours scheduled for each term and semester of their enrolled course, achieving a satisfactory academic result. The student must remain continuously enrolled at the educational institution and promptly inform the Director of Immigration of any intended changes in educational institutions. Furthermore, the permit holder must not engage in behavior prejudicial to Fiji’s peace, good order, good government, or morale and should not participate in any religious vocation without the written approval of the Permanent Secretary. The permit holder must also comply with any other conditions imposed by the Permanent Secretary in writing. The student permit’s duration is for a period not exceeding three years from the date of issuance. These regulations ensure that non-citizen students in Fiji adhere to the prescribed criteria and conditions, promoting compliance with the terms of their study permits throughout their educational journey in the country.

Criteria, Conditions and Duration of Research Permit: Regulations 36-38 of the Immigration Regulations 2007

The Permanent Secretary holds the authority to grant a research permit to a non-citizen based on certain criteria. The proposed research activities must have been approved by the Minister responsible for education, and the applicant must demonstrate sufficient funds to support themselves and any dependents while in Fiji. The grant of a research permit is subject to specific conditions. The holder of the permit must not engage in any behavior prejudicial to Fiji’s peace, good order, good government, or morale. Additionally, the permit holder is not allowed to participate in any business, profession, or employment, whether paid or unpaid, except with the written approval of the Permanent Secretary. Engaging in any religious vocation also requires prior written approval. Moreover, the permit holder must not breach any other conditions imposed by the Permanent Secretary in writing. The duration of the research permit is for a period not exceeding 18 months from the date of issuance. These regulations ensure that non-citizens conducting research in Fiji adhere to approved activities and comply with specified conditions during their stay in the country.

Criteria, Conditions and Duration of Investor Permit: Regulations 39-41 of the Immigration Regulations 2007

The Permanent Secretary has the authority to grant an investor permit to a non-citizen who falls into either of the following categories: (a) a foreign investor, or (b) the representative of a foreign investor, provided they have been granted a Foreign Investment Certificate under the Foreign Investment Act 1999. The issuance of an investor permit is subject to specific conditions. The holder of the permit must not engage in any behavior that could be prejudicial to Fiji’s peace, good order, good government, or morale. Additionally, the permit holder is prohibited from participating in any profession or employment, paid or unpaid, unless written approval is obtained from the Permanent Secretary. Engaging in any religious vocation also requires prior written approval, and the permit holder must not conduct research or study. Moreover, the permit holder must not breach any other conditions imposed by the Permanent Secretary in writing. The duration of the investor permit varies depending on the granting authority. The Permanent Secretary may grant a permit for a period not exceeding 3 years from the date of issuance. On the other hand, the Minister may grant an investor permit for a period not exceeding 7 years, but only if the foreign investor commits to investing and maintaining a specified minimum amount in a business. It’s important to note that an investor permit becomes void if the Foreign Investment Certificate is canceled, and the holder must promptly surrender it to the Permanent Secretary. These regulations aim to facilitate foreign investment in Fiji while ensuring compliance with the specified conditions and durations for investor permits.

Criteria, Conditions and Duration of Work Permit: Regulations 42-44 of the Immigrations Regulations 2007

The Permanent Secretary has the authority to grant a work permit to a non-citizen based on specific criteria. The permit may be granted if the non-citizen has signed a written employment contract with a Fiji-based employer for services that cannot be provided by a citizen of Fiji. Work permits are also issued for ordained ministers, priests, or religious workers, subject to working solely in a religious capacity. Additionally, work permits are granted to individuals intending to teach at educational institutions or work in the medical field in Fiji, provided their employment has been approved by the relevant ministries. Qualified professionals looking to practice their specific profession in Fiji may also obtain work permits if their employment is deemed beneficial to the interests of Fiji. Lastly, volunteers engaged in charitable work as certified by the Permanent Secretary may be granted work permits. The grant of a work permit is subject to specific conditions. The permit holder must not engage in behavior that could be prejudicial to Fiji’s peace, good order, good government, or morale. The individual must also refrain from participating in any business, profession, or employment, except for the one specified in their work permit application. If employed by a Fiji-based employer, the permit holder must exclusively work for that employer. Approval from the Permanent Secretary is required for engaging in any religious vocation, except for those granted permits under a specific regulation. Engaging in research work is not permitted. The permit holder must comply with any other conditions imposed by the Permanent Secretary in writing. Moreover, the employer who engaged the non-citizen may be subject to additional conditions, such as implementing a training program for a citizen of Fiji to perform the work granted to the non-citizen under the work permit. The duration of a work permit is for any period not exceeding three years from the date of issuance.

Criteria, Conditions and Duration of Special Purpose Permit: Regulations 45-47 of the Immigration Regulations 2007

The Permanent Secretary has the discretion to grant a special purpose permit to a non-citizen for specific purposes or on certain grounds. This permit allows entry into Fiji for a particular period or until a designated date, depending on the circumstances. The grant of a special purpose permit is subject to the condition that the permit holder must not engage in behavior that could be prejudicial to Fiji’s peace, good order, good government, or morale. Additionally, the Permanent Secretary may impose various conditions on the special purpose permit holder. These conditions may include not engaging in any business, profession, or employment, unless otherwise permitted in writing by the Permanent Secretary. Engaging in religious vocations and research or study may also be restricted unless expressly approved. The special purpose permit holder must adhere to any other conditions imposed by the Permanent Secretary in writing. As for the duration, a special purpose permit may be granted for a period not exceeding three years from the date of issuance. The special purpose permit allows non-citizens to enter Fiji for specific reasons, subject to stringent conditions to ensure their conduct aligns with Fiji’s laws and regulations.

Criteria, Conditions and Duration for Grant of Permit to Reside on Assured Income: Regulations 48-50 of the Immigration Regulations 2007

The Permanent Secretary may grant a permit to a non-citizen if the person possesses sufficient assets outside Fiji to ensure they will not rely on public funds, does not intend to seek employment in Fiji, and falls within an age group approved by the Permanent Secretary. The grant of a permit to reside on assured income is subject to specific conditions. The holder of the permit must not engage in behavior prejudicial to Fiji’s peace, good order, good government, or morale. Additionally, unless expressly approved by the Permanent Secretary, the permit holder must not partake in any profession, employment, religious vocation, or research or study. The holder must comply with any other conditions imposed by the Permanent Secretary in writing. Finally, the permit to reside on assured income may be granted for a duration of up to three years, starting from the date of issuance. These regulations aim to ensure that non-citizens residing in Fiji on assured income adhere to certain criteria and conduct themselves responsibly while not burdening public funds.

Criteria, Conditions and Duration for Permanent Residence Permit: Regulations 51-53 of the Immigration Regulations 2007

The Permanent Secretary to be satisfied that the non-citizen considers Fiji as their home, their presence in Fiji will be beneficial to the country’s interests or its citizens, and they have physically and lawfully resided in Fiji for at least five years. Additionally, former Fijian citizens, along with their spouses or dependents, may also be eligible for a permanent residence permit if they undertake activities that benefit Fiji or its citizens. Once granted, the holder of a permanent residence permit agrees to adhere to certain conditions including not behaving in a manner prejudicial to Fiji’s peace, good order, good government, or morale, and not breaching any other conditions imposed by the Permanent Secretary in writing. The duration of a permanent residence permit is five years from the date of issuance. These regulations aim to assess the commitment and contribution of non-citizens to Fiji before granting them permanent residence status.

Criteria, Conditions and Duration for Grant of Coextensive Residence Permit: Regulations 54-56 of the Immigration Regulations 2007

The Permanent Secretary to grant a non-citizen this type of permit if they are a family member of a person who has been granted a permit under these regulations, except for special purpose permits or coextensive residence permits. However, for dependent children referred to in regulation 23(2), the Minister’s prior written approval is required. The coextensive residence permit holder, once granted, must adhere to certain conditions which include not behaving in a manner prejudicial to Fiji’s peace, good order, good government, or morale, and refraining from engaging in certain activities like business, profession, or employment without written approval from the Permanent Secretary. The duration of the coextensive residence permit is tied to the duration of the permit held by the person in Fiji in whose dependent’s name the coextensive permit was granted. These regulations aim to enable family members of permitted individuals to reside in Fiji, subject to the specified conditions.

Citizenship

Types of Citizenship and Legal Requirements

Acquisition of Citizenship

The Citizenship of Fiji Act 2009 contains provisions regarding the acquisition and retention of citizenship in Fiji. According to Section 4, the Act’s implementation does not affect the citizenship status of individuals who were already citizens before the commencement date of the Act. Citizenship in Fiji can be acquired through birth, registration, or naturalization, as stated in Section 5. Section 6 specifies that any child born in Fiji on or after the commencement date automatically becomes a citizen at birth, except in cases where one parent has diplomatic immunity and neither parent is a citizen. Additionally, Section 7 declares that an abandoned infant found in Fiji will be considered as born in Fiji unless there is evidence to the contrary.

Citizenship by Registration

The Citizenship of Fiji Act 2009 outlines the provisions for individuals to acquire citizenship through registration. According to Section 8, a child born outside Fiji can become a citizen by registration if either parent was a citizen at the time of the child’s birth. Similarly, a foreign child adopted by a citizen before the age of 18 or a child whose parent became a citizen before they turned 18 can also become a citizen through registration. Applications for registration can be made during the child’s lifetime and, if they are under 18, can be submitted by a parent or guardian. However, if the application is made by the child after reaching 18 years of age, they must have lawfully been present in Fiji for three out of the five years immediately before applying. Additionally, adults who were previously citizens of Fiji can apply for registration, subject to demonstrating good character. Married adults to a citizen can also apply, but the Minister may require proof of a genuine and continuing marital relationship. Failure to satisfy the Minister’s requirement in this regard may lead to the application being refused.

According to Section 9, individuals seeking registration as citizens must submit an application to the Minister in the approved format. The application must be accompanied by the prescribed fee. Section 10 outlines the process for granting the application. Once the Minister receives a duly completed application along with the required fee and the applicant makes an oath or affirmation of allegiance as specified in Schedule 1, the Minister must grant the applicant a certificate of registration promptly if satisfied that the applicant is entitled to be registered as a citizen under Section 8. If the applicant is under 18 years old at the time of application, they are not required to make the oath or affirmation immediately but must do so as soon as reasonably practicable after turning 18.

Citizenship by Naturalisation

Under Section 11 of the Citizenship of Fiji Act 2009, an adult person may become a citizen by naturalization. To qualify for a certificate of naturalization under Section 13, the applicant must have been lawfully present in Fiji for a total of 5 out of the 10 years immediately before making the application. As per Section 12, the application for naturalization must be submitted to the Minister in the approved form and be accompanied by the prescribed fee. Section 13 outlines the grant process for naturalization. Once the Minister receives a duly completed application with the required fee and the applicant makes an oath or affirmation of allegiance as specified in Schedule 1, the Minister may grant the applicant a certificate of naturalization if satisfied that the conditions prescribed by Section 11(2) have been met. However, the Minister has the authority to refuse the grant if the applicant fails to demonstrate good character, adequate knowledge of the English language and responsibilities of a citizen of Fiji, and the intention to continue residing in Fiji.

Multiple Citizenship

According to Section 14 of the Citizenship of Fiji Act 2009, possessing or acquiring the citizenship of one or more other countries does not restrict a person from applying for and being granted citizenship in Fiji through registration or naturalization. In other words, having dual or multiple citizenships does not hinder an individual’s eligibility to seek and obtain Fijian citizenship.

Renunciation of Citizenship

Section 15 of the Citizenship of Fiji Act 2009 states that a person may renounce their Fijian citizenship if they have reached the age of 18 and hold citizenship of another country since birth or have acquired citizenship of another country through registration or naturalization. To proceed with the renunciation, the individual must make a written declaration as per the prescribed form in Schedule 2, as outlined in Section 16(1). Once the declaration is executed, the person must promptly inform the Minister and provide a copy of the declaration. The Minister will then register the renunciation in the dedicated register under Section 20, and the renunciation takes effect from the registration date, as mentioned in Section 16(4). Subsequently, if the person holds a valid Fijian passport, emergency travel document, or certificate of registration/naturalization, they must surrender these documents for cancellation as directed by the Minister in writing. Failure to comply with this requirement without a valid excuse is considered an offence and can lead to a fine of $1,000 upon conviction, as stated in Section 16(5) and (6).

Deprivation of Citizenship

Section 17 of the Citizenship of Fiji Act 2009 outlines the process of deprivation of citizenship for individuals who became citizens through registration or naturalization. The Minister has the authority to order the deprivation of citizenship if certain conditions are met. This includes situations where citizenship was obtained through fraud, misrepresentation, or concealing important information, or if the person engages in activities incompatible with the allegiance taken during the citizenship process. Before making such an order, the Minister must provide written notice to the individual, explaining the reasons for the proposed action and requesting them to show cause why the order should not be made. If the person fails to satisfy the Minister within a reasonable timeframe, the order may be issued. Once the order is made and registered, the person ceases to be a citizen on the date of the order or, if an appeal is made and dismissed, on the date of confirmation. The individual must then surrender any valid Fijian passport, emergency travel document, or certificate of registration/naturalization upon the Minister’s request. Failure to comply with this requirement without reasonable cause is considered an offence and can lead to a fine of $1,000 upon conviction.

Rights to Enter and Reside in Fiji

According to Section 18 of the Citizenship of Fiji Act 2009, certain non-citizens have rights to enter and reside in Fiji as long as they adhere to the conditions set forth in the Immigration Act 2003 and other relevant laws governing entry and residence. The eligible individuals include:

Former citizens of Fiji
Foreign spouses (wives or widows) of Fijian citizens
Foreign husbands (widowers) of Fijian citizens
Children of Fijian citizens

These individuals are allowed to enter and live in Fiji, provided they comply with the specified conditions and requirements related to immigration and residency.

Schedule

Prescribed Forms and Fees

The relevant forms for the application of visa, permits, citizenship can be downloaded from the Fiji Immigration website. You can access the forms directly through this link: https://immigration.gov.fj/application-forms-publications-fees/

The applicable fees for application of permits, passports, citizenship and visas are provided the Fiji Immigration website. You can access the applicable fees directly through this link: https://immigration.gov.fj/application-forms-publications-fees/

Immigration & Citizenship