Immigration law in Samoa

Samoa's national immigration rules apply across the country; no separate administrative or city-level regime is evidenced. The Immigration Act 2020 replaced the Immigration Act 2004. The Immigration Division of the Ministry of the Prime Minister and Cabinet (MPMC) handles immigration administration, while the Minister and the Chief Executive Officer of Immigration make decisions assigned to them by law. The Ministry of Commerce, Industry and Labour (MCIL) handles Foreign Employment Employee Permits, known as FEEPs. Investment-related preconditions can also involve the Ministry of Customs and Revenue and the Ministry of Natural Resources and Environment. A non-citizen generally needs a visa to enter or remain in Samoa unless an exemption applies. The Chief Executive Officer of Immigration may require a visa before arrival even where an exemption might otherwise apply. Entry must take place through a regulated port and clearance zone with the required passport or identity document and any required declaration. Authorities can assess national and public interest, security, character, health, fraud, child safety and related immigration concerns. A visa is permission subject to conditions, not a guarantee of admission. A visitor may receive a fee-free Visitor Permit for up to 90 days on arrival by submitting the arrival card. The traveller normally needs a passport valid for at least six months after the planned departure, a return or onward ticket, any visa or permit required for the next country, accommodation including a village or family address, and sufficient funds. The person must not have a foreign deportation record, a community health risk, a conviction carrying at least one year of imprisonment, or an alert or warning-list entry. Visitor status does not authorize work. An application to extend a stay using the MPMC100 or Temporary Residence form does not itself keep the stay lawful; the existing permission must remain valid until the extension is granted. The application requires evidence such as an onward ticket, funds and accommodation. A business visitor may conduct activities such as a branch visit, negotiations or a conference while remaining employed and paid offshore. Work for a Samoan employer or other activity outside that limited purpose requires the appropriate temporary residence and work permissions. Temporary Resident Permits (TRPs) cover business or investment, employment, study, academic or scientific research, cultural or religious purposes, family reunion or support, and other purposes approved by the Minister. Research and certain other TRPs may need approval before travel. For a stay of one year or longer, applicants over 16 may need a medical report. Applicants over 18 may need police reports from countries where they lived for more than one year during the previous five years. Employment requires an MPMC employment or residence permit and a FEEP from MCIL. The employer applies before work begins, and the application can be assessed against labour-market demand and supply. An employment permit can last up to three years, but it remains tied to the approved employer and role and cannot simply be transferred. When employment ends, the permit may need cancellation, departure from Samoa or a new permit. A student has no general work permission; part-time work requires specific authorization. Dependants may apply for employment authority where the rules allow it. Study applicants need confirmation of enrolment, funds for the period of stay, and evidence of a scholarship or private accommodation where required. An education provider must check the study visa before admission. A spouse or partner of a Samoan citizen or permanent resident does not automatically receive residence status. Family members use the family reunion or support category, while marriage can provide a separate citizenship application pathway if its conditions are met. Business and investment applicants may need an Investment Certificate or foreign investment approval, a business licence and company registration. Foreign investment requirements can involve the FIC and MCIL. Some activities are reserved, including buses, taxis, rental vehicles, general food retail, sawmilling and elei designing or printing. Restricted activities include fishing, nonu or coconut-oil activities and certain services subject to equity, joint-venture or incorporation conditions. The applicable business activity must be checked before money is committed. Permanent Resident Permits are discretionary. A Temporary Resident Permit does not automatically become permanent residence. MPMC105 identifies factors such as age, employment history, professional skills, Samoan-language ability, planned activities, period of residence, health, character, connections to Samoa, references and economic or social benefit. Current listed fees include SAT 3,200 for an adult application, SAT 1,100 for a child aged 17 or younger, SAT 550 for a blood-connection application, SAT 300 for a review, SAT 150 for reissue or endorsement, SAT 300 for an overstayer application and SAT 100 for urgent processing. Processing is stated as approximately 10 working days. Legacy information refers to principal residence for more than half of each year and absence exceeding 12 months as cancellation risks; applicants should confirm the current position before relying on it. Citizenship by birth generally requires birth in Samoa and at least one Samoan parent, subject to a statelessness exception; Samoa does not apply a general automatic birthright rule. Citizenship by descent covers a person born outside Samoa with a qualifying Samoan parent and at least three years of residence in Samoa. A person applying through permanent residence generally needs five years of continuous valid permanent-resident status, good health and character, an understanding of citizens' responsibilities and privileges, and an intention to continue living in Samoa. The marriage pathway requires five years of marriage and shared life, current cohabitation in Samoa, health and character, and an intention to continue the relationship and residence. Applications go to the Immigration Division in Apia or a Samoan mission. Evidence can include birth and parent records, employment or business activity, social activity, health and character documents, and evidence of cohabitation and continuing marriage. Listed fees are SAT 60 for birth, SAT 150 for descent, SAT 5,400 for marriage, SAT 150 for certification, SAT 75 for a reprint, SAT 150 for a certified copy and SAT 3,200 for renunciation. No standard public processing time is stated. The Citizenship Investment Committee and MCIL administer citizenship by investment. Qualifying activities include government land lease or development, agriculture or fish processing, tourism, information and communications technology, renewable electricity, a government development fund or approved charitable trust, and services outside the Foreign Investment Reserved List. The programme requires at least SAT 4 million in investment, net worth of at least SAT 2.5 million, lawful and unencumbered assets, due diligence and a qualifying family application. At least 70 percent of the investment must be deposited in a fixed account before formal approval. The investor and family generally need three years of permanent residence, at least 15 days of residence in each year, compliance with the investment plan, and an application during the final three months before the permanent-residence permit expires. The investment must be retained for at least five years. Non-compliance, a serious conviction, a security risk or false information can lead to cancellation. Refusal reasons are to be given within 15 working days, with an appeal to the Appeal Panel. Samoa has been party to the 1951 Refugee Convention since 1988 and the 1967 Protocol since 1994. Current public information does not evidence refugee-specific national legislation or a complete national refugee-status determination structure. The United Nations High Commissioner for Refugees (UNHCR) may assist or assess claims where a national system is absent, but publicly specified local access rules, permits, rights and deadlines are limited. Protection therefore remains a fragmented area, and no unverified local institution or procedure should be assumed. A person must leave before the relevant visa or permit expires. Overstaying makes the stay unlawful and can lead to a fine of up to 100 penalty units, deportation or exclusion for up to 10 years. Removal or deportation can follow unlawful stay, prohibited-immigrant status, unlawful entry, a nominated offence, expiry or cancellation of permission. Confinement may occur, and the affected person can generally be charged for passage, accommodation and maintenance connected with removal. Samoan citizens have the right to enter Samoa at any time and cannot be deported. Visa grants, refusals, cancellations and conditions generally cannot be challenged in court. A prohibited-immigrant declaration is generally not reviewable, subject to constitutional limits. A permanent-residence cancellation can be appealed to the Minister. A removal or deportation decision can be challenged by written appeal to the Minister, but the appeal does not suspend removal and does not make the person's presence lawful. For citizenship, the refusal notice must be given within 21 days. A written request for reasons must normally be made within 14 days; the response is due within 30 days, and a review request must generally be made within 14 days after receiving the reasons. A three-person independent committee reviews the matter, after which the Minister's decision is final except for constitutional issues.