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Official Staff or Household Entry Exemption

TuvaluSpecial cases

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

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Explore pathways in Tuvalu Read the five questions ↓

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

A member of the official staff of an accredited diplomatic/consular representative or privileged person (section 7(1)(c) or (d)), or a member of the household of such a person, and their family, is entitled to enter Tuvalu without a permit under section 7(1)(f)-(g) of the Immigration Act (CAP 24.15).

See recorded sources

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

Besides the staff or household member, the exemption covers that member's family. The Act defines 'family' as wife and children under 18, and 'child' as a legitimate or legitimated child, a stepchild, a child adopted in a manner recognised by Tuvalu law or, in relation to its mother, an illegitimate child.

See recorded sources
Limits of the record
  • Husbands, partners and children aged 18 or over are not covered by the definition of family.
  • The family-limb fragments are part of the s.7(1)(f)-(g) text cited in R1/R3.

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

Access is activated by being a member of the official staff, or a member of the household, of a person who is accredited to Tuvalu as a diplomatic or consular representative, or who holds diplomatic immunities or privileges under paragraphs (c) or (d) of section 7(1) of the Immigration Act.

See recorded sources

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

The person must satisfy the Principal Immigration Officer that they come within the category (member of official staff or household); the burden of proof lies on that person. The official source does not state what evidence of staff or household membership is accepted.

See recorded sources
Limits of the record
  • The source does not specify what evidence of staff or household membership is accepted.

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

Result: entry to Tuvalu without a permit. When the person ceases to hold the employment, appointment, status or privileges that entitled them to enter Tuvalu without a permit, they are deemed a person seeking to enter Tuvalu from that date; if no permit has been granted within 3 months, their presence and that of their family and dependants becomes unlawful, except for a family member or dependant who holds their own valid permit.

See recorded sources
Limits of the record
  • The Act sets no fixed duration or renewal procedure for this exemption; it follows the qualifying status.
  • https://tuvalu-legislation.tv/cms/images/LEGISLATION/PRINCIPAL/1968/1968-0010/1968-0010_2.pdf
    (a) When any person referred to in subsection (1) ceases to hold or enjoy the employment, appointment, status or privileges which entitled him under this section or those paragraphs (as the case may be) to enter Tuvalu without a permit, he shall, for the purposes of this Act, be deemed to be a person seeking to enter Tuvalu with effect from the date when he ceases to hold such employment or appointment or enjoy such
  • https://tuvalu-legislation.tv/cms/images/LEGISLATION/PRINCIPAL/1968/1968-0010/1968-0010_2.pdf
    status or privileges, as the case may be; and if on the expiry of 3 months from such date he shall not have been granted a permit under this Act, his presence and the presence of his family and dependants in Tuvalu shall thereupon become unlawful: Provided that this paragraph shall not apply to any dependant or member of the family of a person as aforesaid, if such dependant or member is in possession of a valid permit lawfully issued to him under this Act.

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

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