Australian Immigration Daily News

The Migration Amendment (Australia Tuvalu Falepili Union Treaty Visa) Regulations 2025 (the Regulations) amends the Migration Regulations 1994 to implement Australia's commitment under the Australia-Tuvalu Falepili Union Treaty, which was signed on 9 November 2023 and entered into force on 28 August 2024. The treaty establishes a partnership between Australia and Tuvalu to enhance cooperation and create a special human mobility pathway for eligible Tuvaluan citizens to live, work, and study in Australia.

The Regulations introduce a new Treaty stream within the Subclass 192 (Pacific Engagement) visa, in addition to the existing Pacific Engagement stream. The key provisions of the Regulations include:

• Ballot-Based Selection: Primary applicants for the Treaty stream must be selected through a random ballot system, ensuring fairness and managing the annual visa allocation (initially set at 280 places per year).
• Eligibility Criteria:
  • Applicants must be at least 18 years old, with no upper age limit.
  • They must be a Tuvaluan citizen by birth or have a parent or grandparent born in Tuvalu.
  • They cannot have obtained Tuvaluan citizenship through investment.
  • They must not be a citizen of New Zealand.
• Health Criteria: The Treaty stream applies specific health requirements, restricting visas where applicants have a communicable disease or condition, rather than imposing standard health criteria.
• Family Inclusion: Partners and dependent children of primary applicants are eligible for the visa as secondary applicants.
• Visa Conditions: Successful applicants under the Treaty stream receive a permanent Subclass 192 (Pacific Engagement) visa, allowing indefinite travel and residence in Australia.

The amendment aligns with Australia’s broader migration policies by maintaining regulatory flexibility under the Migration Act 1958 while ensuring compliance with international agreements. It also includes a Statement of Compatibility with Human Rights, affirming that the Regulations are consistent with Australia’s human rights obligations.

The Regulations were developed in consultation with various Australian government agencies and the Government of Tuvalu. The amendments will take effect on 1 May 2025.

Source: Migration-Amendment-Australia-Tuvalu-Falepili-Union-Treaty-Visa-Regs-2025.pdf and 

Migration-Amendment-Australia-Tuvalu-Falepili-Union-Treay-Visa-Regs-2025-Explanatory-Statement.pdf