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Exemption Permit

NiueSpecial cases

Explore the five recorded questions, answers and sources for this pathway.

Official link

What exactly is the official special programme/status and why does it exist?

The Act allows Cabinet to exempt a person or class of persons from visa requirements and, separately, from permit requirements by regulations; it bars those exemptions for persons covered by section 9.

See recorded sources
  • Niue Immigration Act 2011, ss. 6-7 and visa types as applicable
    Cabinet may make regulations under this Act to exempt any person or class of persons from the requirement to hold a visa, or types of visa, in order to travel to Niue, but no regulations may exempt a person to whom section 9 applies from the requirement to hold a visa in order to travel to Niue.
  • Niue Immigration Act 2011, ss. 6-7 and visa types as applicable
    Cabinet may make regulations under this Act to exempt any person or class of persons from the requirement to hold a permit, or types of permit, in order to remain in Niue, but no regulations may exempt a person to whom section 9 applies from the requirement to hold a permit in order to remain in Niue.

Which specific population, role, circumstance or historical/legal situation does it cover?

Exemptions from the visa or permit requirement cover any person or class of persons whom Cabinet exempts by regulation. Separately, except for Part 7 the Act does not apply to: the sea, land and air forces of any Commonwealth country; persons entitled to diplomatic or consular privileges and immunities; permanent residents of Niue; Niueans born in Niue; other persons born in Niue; and New Zealand citizens permanently residing in Niue before 1 January 1996.

See recorded sources
Limits of the record
  • No regulations naming the persons or classes actually exempted by Cabinet were captured.
  • The Act does not use the term 'exemption permit'; the term appears only as an option on the gov.nu arrival form. The s.3A classes are outside the Act, which is not the same as holding an exemption permit.

What circumstance, event, relationship, nomination, invitation or status activates access?

Access is activated by a Cabinet decision: besides exemptions by regulation, the Act does not apply (except Part 7, entry and departure) to any person or class of persons whom Cabinet, in its discretion, exempts from all of its requirements.

See recorded sources
Limits of the record
  • The Act states no criteria Cabinet applies when granting an exemption.

What sponsor, authority, nomination, certification, evidence or other step must occur before the status can be obtained?

On arrival, a person who is not required to hold a temporary permit must report immediately to an Immigration Officer at an Immigration Place and obtain confirmation of their immigration status, producing their own valid passport or certificate of identity, a completed arrival card and any documentation required. The Act does not state an application procedure for obtaining the exemption itself.

See recorded sources
Limits of the record
  • The Act states no application procedure or sponsor/nomination for obtaining an exemption itself.

What immigration status and rights result, how long do they last, can family be included, and what happens if the special qualifying circumstance ends?

An exempt person may remain in Niue lawfully without a permit. The Chief Immigration Officer may at any time revoke an exemption from the requirement to hold a temporary permit by revocation notice, after which the person is deemed unlawfully in Niue; if an exemption from the visa requirement is revoked, the person must obtain a valid visa to travel to Niue. The official source does not state how long an exemption lasts or whether family members are covered.

See recorded sources
Limits of the record
  • The Act does not state how long an exemption lasts.
  • The Act does not state whether family members are covered by an exemption.

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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