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Immigration Act 2014 - Immigration (Amendment) Regulations No. 3 of 2014

REPUBLIC OF NAURU
Immigration (Amendment) Regulations 2014

SL No. 3 of 2014

Notified on 28 February 2014

Contents

1 Short title
2 Commencement
3 Regulations Amended

SCHEDULE - AMENDMENT OF IMMIGRATION REGULATIONS 2014
[1] Amendment of Regulation 3
[2] Amendment of Regulation 4 (1) (c)
[3] Amendment of Regulation 6 (2), Column 2, Row 2
[4] Amendment of Regulation 6 (4) (a)
[5] Amendment of Regulation 6 (7)
[6] Amendment of Regulation 7 (1) and (3)
[7] Amendment of Regulation 8
[8] Amendment of Regulation 9 (6) (e)
[9] Amendment of Regulation 10 (4) (c)
[10] Amendment of Regulation 11 (2) (d)
[11] Amendment of Regulation 11 (4) (b)
[12] Amendment of Regulation 12 (5) (c)
[13] Amendment of Regulation 18 (3)
[14] Amendment of Regulation 28 (2), Column 2, Row 4
[15] Amendment of Regulation 28 (2), Column 2, Row 7
[16] Amendment of Regulation 28 (2), Column 2, Row 13
[17] Amendment of Regulation 28 (2), Column 1, Row 17
[18] Amendment of Regulation 28 (2), Column 2, Row 17
[19] Amendment of Schedule 1, Form 1
[20] Amendment of Schedule 1, Form 2
[21] Amendment of Schedule 1, Form 2, Part A, Q3
[22] Amendment of Schedule 1
[23] Amendment of Schedule 1, Form 6
[24] Amendment of Schedule 1, Form 6
[25] Amendment of Schedule 2, Table 1, Column 2, Row 2
[26] Amendment of Schedule 2, Table 2

_______________________

Cabinet makes the following regulations under section 33 of the Immigration Act 2014:

1 Short title
These Regulations may be cited as the Immigration (Amendment) Regulations 2014.

2 Commencement
These Regulations commence on the day on which they are published in the Gazette.

3 Regulations Amended
The Schedule amends the Immigration Regulations 2014.

____________________

SCHEDULE – AMENDMENT OF IMMIGRATION REGULATIONS 2014

[1] Amendment of Regulation 3

Omit

'Employment visa' means an employment visa granted under regulation 8;

[2] Amendment of Regulation 4 (1) (c)

Omit

Employment visa

[3] Amendment of Regulation 6 (2), Column 2, Row 2

Omit

'Conduct a business or profession in Nauru'

Substitute

'Conduct a business or profession in Nauru, or engage in employment in Nauru'

[4] Amendment of Regulation 6 (4) (a)

Omit

(a) A Business Visa (General) is granted subject to the conditions that the holder must not while in Nauru:

i. behave in a manner that is prejudicial to the peace, good order, good government or morale of the people of the Republic of Nauru;

ii. engage in any religious vocation except with the written approval of the Minister;

iii. remove from Nauru any chattel, carving, object, or thing which relates to the history, art, culture, and traditions, or economy of the Republic of Nauru; and

iv. breach any other any reasonable condition (not inconsistent with the Act or these Regulations) that the Secretary considers necessary or desirable.

Insert

(a) A Business Visa (General) is granted subject to the conditions that the holder must not while in Nauru:

i. engage in any employment, trade or business other than that specified in the visa, without the express written permission of the Secretary;

ii. behave in a manner that is prejudicial to the peace, good order, good government or morale of the people of the Republic of Nauru;

iii. engage in any religious vocation except with the written approval of the Minister;

iv. remove from Nauru any chattel, carving, object, or thing which relates to the history, art, culture, and traditions, or economy of the Republic of Nauru; and

v. breach any other any reasonable condition (not inconsistent with the Act or these Regulations) that the Secretary considers necessary or desirable.

[5] Amendment of Regulation 6 (7)

Omit

A fee specified in Table 1 of Schedule 2 to these Regulations shall, unless waived by the Minister, be paid in respect of that matter.

Substitute

A fee specified in Table 1 of Schedule 2 to these Regulations shall, unless waived by the Minister, in consultation with Cabinet, be paid in respect of that matter.

[6] Amendment of Regulation 7 (1) and (3)

Omit

'employment visa'

[7] Amendment of Regulation 8

Repeal Regulation 8

8 (1) An application for an employment visa may be made before or after entry into Nauru.

Note

Under regulation 5(8) an application for an employment visa could be made by the holder of a current visa of a different class who is already in Nauru.

(2) The purpose of an employment visa is to authorise the holder to engage in employment in Nauru.

(3) An employment visa may be granted:

(a) for a period not exceeding 2 years; and

(b) for a single entry or multiple entries; and

(c) subject to any reasonable condition (not inconsistent with the Act or these Regulations) that the Principal Immigration Officer considers necessary or desirable.

[8] Amendment of Regulation 9 (6) (e)

Omit

'or employment'

[9] Amendment of Regulation 10 (4) (c)

Omit

'or employment'

[10] Amendment of Regulation 11 (2) (d)

Omit

'or employment'

[11] Amendment of Regulation 11 (4) (b)

Omit

'or employment'

[12] Amendment of Regulation 12 (5) (c)

Omit

'or employment'

[13] Amendment of Regulation 18 (3)

Omit

'employment'

Substitute

'business'

[14] Amendment of Regulation 28 (2), Column 2, Row 4

Omit

'Employment Visa

Substitute

'Business Visa (General)'

[15] Amendment of Regulation 28 (2), Column 2, Row 7

Omit

'Employment Visa'

Substitute

'Business Visa (General)

[16] Amendment of Regulation 28 (2), Row 13

Omit entire row

[17] Amendment of Regulation 28 (2), Column 1, Row 17

Omit

'or employment'

[18] Amendment of Regulation 28 (2), Column 2, Row 17

Omit

'or Employment visa, whichever is appropriate'

[19] Amendment of Schedule 1, Form 1

[19.1] Omit

'A dependant accompanying you who will not conducting a business or profession in Nauru should complete an Application for Dependant's Visa. A dependant accompanying you who wishes to conduct a business or profession should complete a separate Application for Business Visa.'

Substitute

'A dependant accompanying you who will not conducting a business or profession in Nauru or engaging in employment in Nauru should complete an Application for Dependant's Visa. A dependant accompanying you who wishes to conduct a business or profession or engage in employment should complete a separate Application for Business Visa.'

[19.2] Insert into Q26

'Employees of the Republic, RONPHOS or any other statutory corporation of the Republic – NIL'

[19.3] Insert into Q26, Table – Row 2, Column 2

After the words 'Conduct a business or profession in Nauru' insert the words 'or engage in employment in Nauru'.

[19.4] Insert into Q27

N/A (Employees of the Republic, RONPHOS or any other statutory corporation of the Republic)

[20] Amendment of Schedule 1, Form 2

Omit the words 'or employment' from the sentence below:

'The application form only covers you as a dependant of the holder of a residence visa, business visa or employment visa.'

[21] Amendment of Schedule 1, Form 2, Part A, Q3

Omit

'Employment visa' option

[22] Amendment of Schedule 1

Omit

Form 3

[23] Amendment of Schedule 1, Form 6

Omit the words 'or employment' from the sentence below:

'You must not engage in any activity for which a business or employment visa may be granted except as permitted by the visa or with the approval of the Secretary.'

[24] Amendment of Schedule 1, Form 7

Omit the words 'or employment' from the sentence below:

'You must not engage in any activity for which a business or employment visa may be granted or in any religious activity other than normal religious observance'

[25] Amendment of Schedule 2, Table 1, Column 2, Row 2

Omit

Row 2

Substitute

[26] Amendment of Schedule 2, Table 2

Omit