Immigration law in Vanuatu

The Principal Immigration Officer receives approved applications, checks the prescribed fee and documents, and decides whether the applicant meets the relevant legal criteria. A person may be refused as a prohibited immigrant if the statutory character, security, health, financial or other requirements are not met. Applicants must follow visa conditions, obey Vanuatu law and public-order requirements, and report relevant personal or financial changes when required. Entry permission depends on nationality and purpose. Some nationalities may obtain a visa on arrival, while others need approval before travel; the current exemption list should be confirmed through the Vanuatu eVisa system or Immigration because published lists can conflict. A Visitor Visa is generally requested from outside Vanuatu, allows up to 30 days, costs VT7,420 for a non-exempt applicant, and requires return transport and proof of at least VT40,000 per month for maintenance. A Tourist Visa can allow a single stay of up to 120 days and costs VT5,150 for a non-exempt applicant, but it cannot be extended and does not permit work, business or commercial activity. A Transit Visa covers up to 24 hours in the proclaimed airport area, costs VT1,855 and does not authorize entry elsewhere in Vanuatu. Employment requires both immigration permission and labour approval. An Employment Visa for work exceeding two months normally requires a sponsor and a permit under the Labour (Work Permits) Act, is generally valid for 12 months with multiple entry, and has a listed fee of VT257,500. A Short-Term Employment Visa covers one to four months and costs VT51,500; a Specialist Skills Visa can cover up to two weeks and costs VT30,900. A Development Support Visa can cover government, development, United Nations, recognized international organization or NGO work for up to five years, with listed fees of VT10,300 for an individual and VT15,450 for a family of four. A Religious Worker Visa can also cover up to five years and may require a sponsor, support from the Vanuatu Christian Council and a security bond exceeding 90 days. Its listed fee is VT10,300 for an individual and VT20,600 for a family of four. The Department of Labour & Employment Services first considers whether the work can be performed by a Ni-Vanuatu worker or falls within a reserved occupation. Current labour directives list temporary permits of up to four months at a total of VT60,000, an exemption of up to one month at VT30,000, and a longer permit with a VT20,000 application charge plus VT180,000 tax for one year; renewal can extend that longer arrangement to a maximum of four years. A visa alone never replaces the required labour permit, and work must remain within the approved occupation. A Student Visa requires an acceptance or enrolment letter from a secondary, tertiary or technical institution. The application is normally made outside Vanuatu and covers the study programme with multiple entry; an extension may be possible. Employment or business activity is not allowed unless it is required by the curriculum. Applicants generally show at least VT40,000 per month, provide security for return travel and, from age 18, meet medical requirements. Official pages list conflicting fees, including VT15,450 or VT14,400 for applicants aged 18 or over and VT5,150 or VT2,880 for younger applicants, so the amount must be confirmed before filing. Residence Visas cover stays exceeding 12 months. Categories include a spouse or unmarried partner of a Vanuatu citizen, a dependent child of a citizen, an employee of a Vanuatu business, a self-funded applicant, a foreign investor and a leasehold holder. The self-funded category generally requires at least VT250,000 per month, or VT500,000 including a spouse or unmarried partner. A leasehold holder generally needs property worth at least VT10,000,000 and at least VT250,000 per month for each person. A foreign investor may need approval from the Vanuatu Foreign Investment Promotion Authority, a business licence and continuing proof that the category conditions remain satisfied. Spouses and dependent children can often be included, but the self-funded category has a stated exception. Adult residence fees range approximately from VT57,600 for one year to VT511,200 for ten years, while the listed child fee is VT2,880. Residence does not automatically confer citizenship. Investor categories have separate financial and business requirements. A Provisional Investor Visa lasts 12 months, requires evidence of communication with the Vanuatu Foreign Investment Promotion Authority or the Vanuatu Financial Services Commission and at least VT10,000,000 in funds, and has a listed fee of VT51,500. A Business Investor Visa lasts three years and normally requires an investment certificate, company registration, a licence and evidence that the business and bank arrangements operate; its listed fee is VT206,000. A Direct Investor Visa can last eight years and requires the relevant investment, licensing and assets exceeding VT20,000,000; its listed fee is VT309,000. Permanent Investor status is indefinite but requires at least ten years of lawful residence and investment, compliance with employment, training, tax and labour obligations, assets exceeding VT50,000,000 and a listed fee of VT3,090,000. Permanent residence is separate from ordinary residence and citizenship. The permanent-residence products include Subclass 131 under Part A for a Ni-Vanuatu person, a person of Ni-Vanuatu descent or a person with at least 12 months of residence, and Subclasses 132 to 135 under Part B for serious investors. Applications require certified identity documents and police clearance; a foreign penal clearance may also be required for each country where the applicant spent more than 90 days during the current visa period. The eVisa information lists ten-year validity and fees of VT206,000 for an individual, VT463,500 for a family of four and VT100,000 for each additional child, but the fee and validity should be confirmed before filing because official information may differ. Citizenship is administered separately by the Citizenship Office and Citizenship Commission in the Office of the Prime Minister. Immigration certifies lawful residence, while the citizenship authorities decide under the Constitution and Citizenship Act. Possible legal bases include birth or descent, Ni-Vanuatu ancestry, marriage to a citizen, a child relationship, naturalization, restoration and investment programmes. Naturalization generally requires ten years of continuous ordinary lawful residence. The spouse basis generally requires more than two years of co-residence. Applications may require residence visas, passports, marriage or birth documents and police clearance. The official checklist lists VT5,000 for the application and VT600,000 per person for the certificate, with a processing target or enquiry period of 60 days. Current official information on dual citizenship conflicts with an older constitutional document, so the applicable position must be confirmed for the individual case. Investment citizenship programmes have separate due-diligence charges and category-dependent amounts; historical figures should not be treated as a universal current price. A person seeking protection may submit an asylum claim to the Principal Immigration Officer using the approved form and explaining the grounds and any family claims. Refugee recognition concerns a well-founded fear of persecution because of race, religion, nationality, membership of a particular social group or political opinion, together with the absence of effective protection or safe return. Exclusions can apply where another protection system already applies, equivalent residence rights exist, serious international crimes are involved, serious criminality is present or a safe third country was used for transit. Immigration may conduct interviews and collect documents, fingerprints and photographs. Leaving Vanuatu withdraws the claim, while confidentiality includes cooperation with the United Nations High Commissioner for Refugees. Recognition engages non-refoulement, meaning return to a place of persecution is restricted, but the statutory position on removal of a prohibited immigrant still requires case-specific legal assessment. Applications usually require a valid passport, certified biodata and used pages, photographs, the approved form, the fee, health and character information, police or penal clearance, proof of funds or income, return transport, security, and any sponsor, employer, institution, marriage, birth, investment or labour documents relevant to the category. Documents may need translation into English, French or Bislama. Applications can be submitted online or through Immigration offices in Port Vila, Luganville, Lakatoro or Isangel. Published processing notices give approximately 21 working days for a visa, 30 working days for a permit and 60 working days for citizenship, but the actual period depends on completeness and external health, character or security checks. A visa refusal notice must state the unmet statutory criteria and the review right. The applicant can generally request written review by the responsible Minister within 14 days and appeal to the Supreme Court within 21 days of the relevant decision. Transit refusal or cancellation is excluded from the ordinary Ministerial review under section 58. Proposed visa cancellation normally requires notice of the grounds and evidence and an opportunity to make submissions within 14 days. Cancellation can follow character or health concerns, false statements, breach of conditions, loss of the visa basis or public-safety or public-order concerns. A removal order must state its grounds and reasons and can be challenged in the Supreme Court; removal costs can become a debt and security can be forfeited after a breach, prohibited status or removal. Exceptional removal without prior notice can arise under section 53A for national security, defence, public order or a foreign criminal warrant. Judicial review remains a possible remedy where the decision-making process breaches legal fairness.