The Immigration (Amendment) Act 2023 and the Immigration (Exemption by Descent) Order 2023 came into effect on 10 October 2023. These legal amendments extend the category of persons who are entitled to enter, reside and work in Fiji without a permit.

The Immigration (Amendment) Act 2023 applies to any person who is registered in the Vola ni Kawa Bula (VKB) - an official record of indigenous or iTaukei Fijians born in Fiji and maintained by the iTaukei Lands and Fisheries Commission that record entitlement by birthright to land and associated resource rights.

The Immigration (Exemption by Descent) Order 2023 applies to any person who is not a citizen of Fiji but is a child, grandchild or great grandchild of any person that was a citizen of Fiji on 10 October 1970 - defined as a (“principle citizen”).

In this legal bulletin we provide a brief explanation of these legislative changes and include important points to note about their application and effect.

The Immigration (Amendment) Act 2023

The Immigration (Amendment) Act 2023 re-introduces into law the category that any person who is registered in the Vola ni Kawa Bula (VKB) maintained by the I’taukei Lands Commission can enter, reside and work in Fiji without a permit. This category was repealed in 2007 but is now being re-introduced into the Act.

There are some important points to note for any person who intends to enter and work in Fiji under this category and these are:

• The exemption does not apply to family members who wish to accompany the person during his or her stay in Fiji
  
  
• The exemption only applies to a person registered under the VKB who wishes to enter Fiji due to an employment, appointment or any other status approved by the immigration department at the time of applying;
  
  
• The exemption will be revoked if the person ceases to hold employment, appointment or status that entitled him to enter Fiji without a permit and he will be required to obtain the normal permit within 30 days otherwise his presence in Fiji becomes unlawful.
  
  
• At this stage it is not clear whether the application under this legislation should be made prior to arriving in Fiji or may be applied for on arrival in Fiji

The Immigration (Exemption by Descent) Order 2023

The Immigration (Exception by Descent) Order 2023 provides a legislative amendment that may apply to any person who is not a citizen of Fiji but is a child, grandchild or great grandchild of any person who was a citizen of Fiji on 10 October 1970 (“principle citizen”) provided that the person:

• Is a foreign citizen.
  
  
• Is not and cannot be registered in the Vola ni Kawa Bula (VKB).
  
  
• Is not a prohibited person under section 13(2) of the Immigration Act.

Any person who qualifies as a descendent of a principle citizen, and wishes to enter and work in Fiji under this category must apply using the approved form accompanied with official records and information to establish eligibility. We note that the Act does not specify the required official documents but it is likely that such documents should show, amongst other things, that the person is a direct descendent of a principle citizen. The Act does not specify the cost of the application (if any) or whether the person should apply before arriving to Fiji or can the person apply after arriving in Fiji the same way that tourist or visitors may apply and get a visitor’s visa upon arrival.

The important points for any person who wishes to enter and work in Fiji under this category are:

• The exemption to reside and work in Fiji is valid for a duration of 3 years
  
  
• A person may leave and enter Fiji multiple times during the 3 years of the exemption
  
  
• The approval for exemption will be in the form of an approval letter instead of a stamp in the person’s foreign passport
  
  
• The order does not specify that the person can be accompanied by family members during his or her stay in Fiji.

Our firm will continue to monitor developments in this area of immigration law and intends to provide further updates as the application process and requirements become known. A further general question that we will be interested to determine the answer to, is whether under either exemption route the exempted person is able to have the time that they reside and work in Fiji towards an application for citizenship in accordance with the law. The answer to this question is not clear at the point of writing.

Disclaimer: This bulletin is not intended to be relied on as legal advice and we recommend any person or their agents to contact the Fiji Immigration Department or local Fiji Embassy directly for more information.