Introduction
1. The Fiji Government has introduced certain changes to Immigration process and requirements over the last year. These include:
- a new streamlined path for “priority work permit applications”
- the introduction of the Immigration (Amendment) Act 2023 (“Amendment Act”) and Immigration (Exemption by Descent) Order 2023 (“Order”) effective 10 October 2023; and
- allowing citizenship applications by naturalisation to be made based on the earlier criteria – i.e. 5 out of 10 years residency in Fiji on a qualifying permit.
We expand on each below.
Priority processing pathways
- In recognition of the need to address critical labour shortages and to help to clear the backlog in work permit applications which is impacting employers and the wider economy, the Department of Immigration has conferred priority status on:
- applications sponsored by “Qualified Employers” (see below) and
- renewal of work permits expiring in 2024 (provided the employer and employee are the same for those permits)
- Priority work permit applications have fewer documentary requirements. Critically, priority applications are not required to meet the usual requirements for advertising for local applicants and submitting the resulting data to justify employment of a foreign national or the identification of local understudies, etc. See new checklist for priority work permit applications.
Qualified Employers List
- Applications sponsored by employers on the Qualified Employers List will be recognised as priority work permit applications. The Qualified Employers list features employers who are regular sponsors of work permits, demonstrate a strong track record of compliance, and meet other criteria determined by the Immigration Department. The list of Qualified Employers is available on the Fiji Immigration website and will be regularly updated. Employers can request inclusion on the Qualified Employers list if they believe they meet the required criteria (although the decision to include them is at the discretion of the Immigration Department).
Work permits due for renewal in 2024
- This category also applies to work permits due for renewal in 2024 where the employer and employee remain unchanged.
Amendment Act and Order
- The Amendment Act and Order provide an opportunity for eligible foreign citizens to reconnect and contribute to Fiji. These provide for the grant of “exemption status” to foreign citizens to enter, reside and work in Fiji without a permit:
- if they are registered in the Vola ni Kawa Bula, or
- direct descendants of a “principal citizen” of Fiji
- The Order applies to the children, grandchildren or great-grandchildren of a person who was a Fiji citizen on 10 October 1970. However, this exemption does not apply to those eligible for registration in the Vola ni Kawa Bula. They are separately eligible under the Amendment Act.
- Applications for exemption must be submitted in the approved form and accompanied by official records or other information to establish eligibility. Eligible applicants will receive an exemption approval letter valid for terms of up to 3 years subject to conditions. These include agreeing to adhere to the laws of Fiji and not to engage in conduct prejudicial to the “peace, order, good government or morale of the people of Fiji”. Failure to comply may result in the cancellation of the exemption status. The relevant application form can be downloaded from the Department of Immigration’s webpage.
Citizenship
- For many years citizenship applications were not accepted due to changes purportedly introduced by the Citizenship of Fiji (Amendment) Act 2020 and later the Citizenship of Fiji (Revised Budget Amendment) Act 2022. These two amendment acts had resulted in the qualifying criteria ultimately being shifted to 15 years’ residency out of 20 years. However these laws, while enacted by Parliament, were never gazetted with a commencement date, so they never had legal force. The Department now accepts applications on the basis of the earlier (and still legally effective) 5 out of 10 years residency requirement.
Conclusion
- Fast-tracking applications should lead to a reduction in the workload of the Department and speed up the processing of other pending applications including exemption and citizenship applications. These changes recognise that migration has the potential to help address challenges facing the Fiji economy particularly productivity issues and our declining population (largely due to emigration).
Contact
Please contact Glenis Yee or Shyniya Prasad for further information on this Alert.
Disclaimer
The information and opinions in this Legal Alert are for general information purposes only. They are not intended as specific legal or other professional advice and should not be relied upon or treated as a substitute for specific advice. Munro Leys can accept no responsibility for any loss arising from reliance on the general information contained in this Legal Alert.