The Australian government has introduced the Migration Amendment (Australia Tuvalu Falepili Union Treaty Visa) Regulations 2025, amending the Migration Regulations 1994 to fulfill Australia’s commitment under the Australia-Tuvalu Falepili Union Treaty. Signed on 9 November 2023 and effective from 28 August 2024, this treaty strengthens bilateral relations between Australia and Tuvalu while creating a special migration pathway for Tuvaluan citizens.
Introduction of the Treaty Stream
The amendment establishes a new Treaty stream under the Subclass 192 (Pacific Engagement) visa, supplementing the existing Pacific Engagement stream. This initiative provides Tuvaluan citizens with opportunities to live, work, and study in Australia.
Key Provisions of the New Migration Pathway
Ballot-Based Selection Process
- To ensure fairness, applicants for the Treaty stream will be selected through a random ballot system.
- The annual visa allocation is initially set at 280 places per year.
Eligibility Criteria
- Applicants must be at least 18 years old (no upper age limit applies).
- They must be a Tuvaluan citizen by birth or have a parent or grandparent born in Tuvalu.
- Citizenship obtained through investment is not eligible.
- Applicants cannot hold New Zealand citizenship.
Health Requirements
- Instead of standard health criteria, applicants will be assessed based on specific health conditions, focusing on communicable diseases or other relevant health risks.
Family Inclusion
- Partners and dependent children of primary applicants can apply as secondary applicants under the same visa.
Visa Conditions
- Successful applicants will be granted a permanent Subclass 192 (Pacific Engagement) visa.
- This visa allows indefinite travel and residence in Australia.
Alignment with Australia’s Migration Policies
This amendment ensures regulatory flexibility under the Migration Act 1958 while maintaining compliance with international agreements. It also includes a Statement of Compatibility with Human Rights, confirming adherence to Australia’s human rights obligations.
Government Consultation and Implementation
The Regulations were developed in consultation with multiple Australian government agencies and the Government of Tuvalu. The changes are set to take effect on 1 May 2025, marking a significant step in Australia’s engagement with Pacific nations.
For further details, refer to the Migration Amendment (Australia Tuvalu Falepili Union Treaty Visa) Regulations 2025.
