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Serving His Majesty's Forces and Family Entry Exemption

TuvaluSpecial 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?

A serving member of His Majesty's Forces, and their family, is entitled to enter Tuvalu without a permit under section 7(1)(b) of the Immigration Act (CAP 24.15), provided the immigration officer is satisfied that responsibility for repatriation of the family has been accepted by the Service concerned.

See recorded sources

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

Besides the serving member of His Majesty's Forces, the exemption covers the member's family, but only if the immigration officer is satisfied that the Service concerned has accepted responsibility for repatriating the family. The Act defines 'family' as wife and children under 18.

See recorded sources
Limits of the record
  • 'His Majesty's Forces' is not defined in the Immigration Act.
  • The family-limb fragment is part of the s.7(1)(b) text cited in R1/R3/R4; here it is used only for who is covered besides the member.

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

Access is activated by being a serving member of His Majesty's Forces, combined with the immigration officer being satisfied that responsibility for repatriation of the member's family has been accepted by the Service concerned.

See recorded sources

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

Before entry without a permit is allowed, the Service concerned must have accepted responsibility for repatriating the member's family, and the immigration officer must be satisfied of this. The official source does not state any separate application, certification or sponsorship process for this exemption.

See recorded sources
Limits of the record
  • The captured Immigration Act text does not set out a separate application, certification or sponsorship process for this exemption beyond the immigration officer's satisfaction on repatriation responsibility.

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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