Local Business Employment Visa

(3) A foreign national who is or intends to be employed by a Nauruan employer may apply for a local business (employment) visa.

(20) For the avoidance of doubt, where a foreign national is employed by any other foreign national or a foreign business in Nauru, he or she is not eligible to apply for a local business (employment) visa under this Regulation.

(5) A Nauruan employer shall provide the following particulars for inclusion in the application under subregulation (4): (a) in the case of an individual, proof of his or her citizenship; (b) in the case of a business, a statutory declaration that the business is wholly-owned by a Nauruan citizen; (c) in the case of a business, the current business licence issued under the Business Licences Act 2017;

(d) an employment contract or an offer and acceptance letter of employment; and (e) a letter outlining the reason for employing a foreign national, to ensure that a Nauruan citizen is not disadvantaged or deprived of an opportunity to be employed.

(2) A Nauruan citizen or a wholly-owned Nauruan business, which has assigned the licence or operations of a business or sharing of any profit or gain from the business under any arrangement or understanding in contravention of the Business Licences Act 2017 or any other written law, to a foreign national or foreign business shall not be qualified as an employer for the purposes of a local business (employment) visa under this Regulation.

'Nauruan employer' means a Nauruan citizen who, or a wholly-owned Nauruan business that, employs a foreign national in Nauru, and

(1) A local business (employment) visa may only be granted to a foreign national who is employed by a Nauruan employer where: (a) there are no skilled persons in Nauru, or there is a shortage of skilled persons in Nauru, to carry out the nature of employment for which an application for the visa is made;

(b) the nature of employment is such that a particular qualification is required under a written law to carry out the profession or employment; or (c) the nature of employment for which a foreign national is required to be employed is necessary for providing goods and services to the people of Nauru.

(9) The holder of a local business (employment) visa shall be authorised to reside and work in Nauru only for: (a) the class of the visa granted; (b) the Nauruan employer specified on the application; and (c) the nature of the work associated with the employment contract or the offer and acceptance letter of employment.

(18) Where a person is granted a visa under this Regulation, he or she may be accompanied by his or her spouse and children as part of the local business (employment) visa.

(19) The accompanying spouse and children are not eligible to undertake any employment unless the terms and conditions of the local business (employment) visa are varied by the Director.

(6) A local business (employment) visa may be granted: (a) for a period not exceeding 12 months; (b) for multiple entries; and (c) subject to any reasonable condition, not inconsistent with the Act or these Regulations, that the Director considers necessary or desirable.

(10) A local business (employment) visa is deemed to have been cancelled: (a) where the Nauruan employer terminates the employment of the holder of the visa; (b) where the holder of the visa terminates his or her employment with the Nauruan employer; or (c) where the holder of the visa undertakes any other work or form of employment other than the work or employment for which the visa is granted.