Immigration law in Nauru

The Immigration Act 2014 and Immigration Regulations 2014 provide the main rules. The Immigration Division and the Director of Immigration handle visa applications and immigration control under the Department of Justice and Border Control. A non-citizen normally needs a valid visa before entering or remaining in Nauru, unless the Regulations provide an exception. Entry and departure take place before an Immigration Officer, and an arrival or departure card is required. A passport or travel document should usually remain valid for at least three months. Applications can be made in person, through a representative or online; visitor applications may also be submitted through a Nauruan mission or consular post. Forms are in English and normally require certified copies, certified English translations, supporting evidence and a fee. Fees are generally non-refundable. Emergency entry may be allowed for weather, medical or other emergencies, but the person must report immediately. Transit within a restricted area does not count as entry. A Visitor Visa covers holidays, visits to friends or relatives, conferences, seminars and cultural or sporting activities. It is normally single-entry and limited to a maximum of three months, and it does not authorize work, business or religious activity beyond ordinary observance. Business Visas are divided into General, Diplomatic, Education, Media, Religious Vocation, Research and Employment categories. The activity must remain within the approved visa purpose. A Research Visa costs $200 for multiple entry or $100 for single entry, while the General Business Visa costs $6,000 for multiple entry for up to 12 months and the Media Visa costs $8,000 for single entry. Visitor fees are $50 for one month, $150 for two months and $250 for three months. Work and family pathways have narrower conditions. A Local Business Employment Visa is available to a foreign national working for a Nauruan citizen or a 100% Nauruan-owned business where a local skill shortage, legal qualification or service need is shown. The employer normally provides its business licence, employment contract and justification. The visa must be obtained before entry, can last up to 12 months with multiple entry, and ties work and residence to the named employer and activity. Ending the employment, working for another employer or performing different work can lead to cancellation and departure. The fee is $300 for one person or $400 for a spouse and children. A Dependant Visa is for a spouse, child or wholly dependent person of a Business or Residence Visa holder. It normally ends when the main visa ends or when the relationship or dependency ends, and it does not automatically grant work rights or citizenship. A dependant needs a variation to work. A Residence Visa is available only to a dependant of a Nauruan citizen. It may be issued for a limited or unlimited period and allows multiple entry and business activity, but it is not a general independent permanent-residence pathway. A Special Purpose Visa covers purposes such as armed forces service, aircraft or vessel crew, legal proceedings, passportless humanitarian or emergency situations and other purposes accepted by the Director. A Long Term Stay Visa introduced in 2025 is limited to a person or group covered by an arrangement with another state and requires an application by a state official. A Public Service Employment Visa introduced in 2025 covers an employment or consultancy contract with a public service body. Neither option is a general public immigration programme. Education is covered through the Education category of the Business Visa. Employment uses the Employment category or the Local Business Employment Visa. Family residence generally uses a Dependant Visa or, where the relationship is to a Nauruan citizen, a Residence Visa. Having a dependant or residence visa does not by itself create a right to work, permanent settlement or citizenship. A visa expiry normally requires departure and a new application, except where an RPC Visa or a Ministerial exemption applies. Overstaying costs $50 for each day from visa expiry. Protection follows a separate process under the Refugees Convention Act 2012. An asylum seeker applies to the Secretary without an application or procedural fee. The refugee definition follows the 1951 Convention and 1967 Protocol. The Secretary may request identity information, an interview, documents, a statutory declaration and information from other sources, then issues a written decision with reasons and information about review. A recognised refugee benefits from non-refoulement, meaning Nauru must not return the person to a place where the relevant protection risk applies. The Refugee Status Review Tribunal provides a fee-free merits review within 28 days. It may affirm, vary, remit or replace the decision, with a target of 90 days after receiving a complete file. An appeal to the Supreme Court is available only on a point of law and must be brought within 28 days. A valid protection application or pending Tribunal or Supreme Court appeal prevents removal under section 11(1A) of the Immigration Act. Protection records are confidential. The Temporary Settlement Visa begins with six months and may be extended; it can follow refugee status, derivative protection or complementary protection. An RPC Visa is limited to persons referred by Australia under sections 198AD or 199 of Australia's Migration Act 1958 and carries conditions on premises, conduct or activities. It is not an independent Nauruan immigration pathway. Citizenship is governed mainly by the Naoero Citizenship Act 2017. Ordinary grants are made by the Minister in consultation with Cabinet after an application to the Secretary, investigation and report. Pathways include birth to a Nauruan parent, birth in Nauru with statelessness, birth followed by 20 years of continuous residence where the parents were non-citizens, descent from a Nauruan parent, marriage after seven years of lawful co-residence in Nauru, adoption by a citizen, reapplication by a former citizen and applications by minors or dependants linked to a parent. Cabinet may waive the residence period for marriage. Dual citizenship is permitted. Approval requires an oath or affirmation and a Certificate of Citizenship. Ordinary application fees range from $100 for descent or a grant to $500 for a former citizen application; several birth, marriage, adoption and minor or dependant applications cost $250. A citizenship certificate costs $100 and a replacement costs $150. A citizenship decision is final and has no court appeal or review under the stated process. Cancellation can follow fraud, bribery, misrepresentation, concealment or specified serious offences; the person receives seven days to show cause, and statelessness must be considered. The Nauru Economic and Climate Resilience Citizenship Act 2024, as amended in 2025 and 2026, creates a separate contribution-based pathway for foreign nationals aged 18 or over who make a significant social, economic, industrial, commercial, climate or development contribution. The application must go through a licensed agent to the ECRCP Program Office. Due diligence, police and Financial Intelligence Unit checks, source-of-funds evidence and sometimes an interview are required. Cabinet or the Minister makes the final grant, and the contribution must reach the Treasury Fund before the certificate is issued. The published Schedule 1 fees list contributions of $105,000 for one applicant, $110,000 for a family of up to four and $115,000 for a family of five or more, plus application, due-diligence and passport fees. The 2026 Iruwa Initiative Gazette listed a $90,000 main contribution for applications from 29 January to 30 June 2026; any later extension or current fee must be confirmed from the operative instrument. The Act does not establish a residence requirement, and citizenship is separate from a Residence Visa. Citizenship loss or cancellation can result in seizure or cancellation of travel documents without a refund. Applicants should prepare a passport or travel document, identity evidence, photographs, certified copies and translations, health and character evidence, police clearance, a business licence where relevant, an employment contract or offer, proof of Nauruan ownership where required, evidence of marriage, birth, adoption or dependency, means of support and an intended address. Arrival cards ask about nationality, occupation, itinerary, convictions carrying at least two years of imprisonment, visa refusal or cancellation, removal or deportation and the purpose of residence. Changes involving marriage, divorce, separation, birth, adoption, death, employment or business must be reported in writing without delay; the maximum penalty is $500. False or misleading immigration information and obstruction or non-compliance with an Immigration Officer can each attract a maximum penalty of $10,000. False or forged citizenship documents can attract a maximum fine of $100,000 or ten years' imprisonment. A visa refusal must be notified in writing with reasons. The Minister may review a refusal, condition, variation, suspension or cancellation when the request is made within 14 days and may affirm, vary or set aside the decision. A removal order may follow prohibited immigration status, illegal entry, a listed conviction, visa expiry or cancellation. Grounds can include a visa breach, danger to peace or public order, insufficient lawful means, people smuggling, breach of law or being considered an undesirable immigrant. A removal appeal goes to the President within seven days, requires a written application and a $20 fee, and the decision is due within seven days; a stay may be granted. Visa refusal, condition or cancellation review costs $20. A removal appeal costs $20. The Immigration Act restricts further judicial review for the specified section 11 and section 13 decisions, while protection appeals and citizenship decisions follow their separate rules.