How to buy property in Fiji and how to become a resident of the Fiji Islands

How to buy real estate in the Fiji Islands

This guide of how to buy real estate in the Fiji Islands and how to become a resident of the Fiji Islands is general in nature and does not take into account your personal situation. It is for educational purposes only, and does not constitute formal financial or immigration advice. You should always seek personal legal, financial or immigration advice that is tailored to your specific needs.

The types of land available for sale in the Fiji Islands

Under the threat of war with Tonga and to repay a large debt to the United States, the self-proclaimed Tui Viti (King of Fiji) ceded Fiji to Britain in 1874. Subsequent to cession, native land, freehold land, and crown (now known as state land without title) lands were identified, surveyed, and titled. The lands that had been previously been claimed by non-natives became freehold, whilst the remainder became native lands. Native customary lands currently represent approximately 89% of total lands in the Fiji islands. Freehold land is divided by traditional freehold (8%) and state freehold (3.5%).

All of our listings are either for traditional freehold or state freehold, we do not engage in the sale of native lands.

How to become a resident of the Fiji Islands

 If you plan to travel when Fiji’s borders reopen the easiest way to enter is with a four (4) month visitor’s visa. You can then pursue and apply for the following long-term Visa options.


Types of Residency Visas available for Foreigners in Fiji

 

1) A special purpose permit to reside - this is in exceptional circumstances if we were able to demonstrate that you would make a significant contribution to Fiji in some way (economic, social or otherwise).

2) An assured income permit - for people who wish to live in Fiji and have sufficient funds to sustain themselves by transferring funds from their home country to Fiji (approximately $200,000 per year for a nuclear family of 2 adults & 2 children).  This was designed for retirees who purchase a residence and applicants are generally required to be over the age of 45.

3) Investor's permit dependent on industry – this would be available for those wishing to purchase a resort or a going-concern business.  The investment permit would deem you an investor in Fiji.  

 

We set out the two most common visa categories processes below for your information.  

 

Assured Income Residence Permit

 

A Residence Permit on Assured Income is issued to a person who has assets outside of Fiji and an amount sufficient to ensure that you will not become a charge on public funds whilst living in Fiji. This is the option a lot of people take to come and live in Fiji.

 

To make this application you require: 

· The signed application forms

· Formal request letter for an assured permit

· 2 certified passport sized photos

· Copy of your passport bio-data page 

· Copy of birth & marriage certificate (if applicable)

· Police report for any country you have lived in the last ten years being less than 6 months old

· Medical report

· Copy of your bank statement

· Application fees of $452 per person 

· Please note you cannot work in Fiji or earn an income and bank this in our banking economy whilst on this visa

· All income must come from an external source into your external account (an account operated and held at a Fiji bank but is external to our banking system)

 

Investor Permit

If you are interested in purchasing or establishing a resort or a going-concern business, you will initially need to apply for an Investor's Certificate from Investment Fiji and subsequently obtain an Investment Immigration permit. If you are not a Fiji citizen then it is best to incorporate a company which will require a foreign investment approval, tax and immigration permits. This process involves the following 6-steps:

 

1) Company Registration

2) Foreign Investment Certificate Acquisition

3) Tax & VAT Registration

4) Reserve Bank Exchange Control Approval

5) Investor Immigration Permits

6) Bank Account Establishment

 

1. Company Registration

· You can reserve the company name at the Companies Registrar and there is a reservation fee of $5.75 to reserve immediately and it takes two working days to be approved; 

· In the case of foreign shareholders you will need to provide passport ID pages, birth certificates and the TIN letters for tax registration obtained through the Fiji Investment Registration Certificate Process 

· The activity to be carried out by company will need to be reflected in Memorandum & Articles of Association

· You will need to fund the share capital for the company.

 

2. Foreign Investment Registration Certificate

 

You will need to complete the Fiji Investment Registration form provided by Investment Fiji and pay the application fee of $2725;

· Notification by Ministry of Finance to Registrar of Companies;

· Registrar of Companies formally approving name reservation;

· Issuance of Fiji Investment Registration Certificate and approval letter;

· Then in terms of shareholding you have two options - either a foreign branch registration (your US company as 100% shareholder) or registration of a foreign controlled entity (Fijian company with foreign shareholders)

 

2.1     Foreign Company Branch Registration (Foreign Company is 100% Shareholder of Fiji Registered Company Branch)

· If the company/business is listed as a shareholder you will require a certified true copy of the Certificate of Incorporation, other supporting documents such as a brochure, annual reports and names of the individual shareholders of that shareholding company 

· A copy of the shareholders agreement and a copy of the Declaration of shareholders certified by a notary public

· Certified true corporation of the passport bio data page of each shareholder of the company

· A police clearance report (less than 12 months old) from the country of residence of each shareholder

· Recent color passport sized photograph

· A business plan covering budget/cashflow forecast for the proposed project

· Copies of agreements such as leases, contracts and purchase agreements as applicable

 

2.2     Registration of Foreign Controlled Entity (Foreign Natural Persons as Shareholders)

· If the shareholders are individuals you will require a medical clearance and the below:

· Certified true corporation of the passport bio data page of each shareholder of the company

· A police clearance report (less than 12 months old) from the country of residence of each shareholder

· Recent color passport sized photograph

· A business plan covering budget/cashflow forecast for the proposed project

· Copies of agreements such as leases (over any property that you would be utilising), contracts and purchase agreements as applicable.

You would then be granted a Foreign Investment Registration Certificate allowing you to conduct business in Fiji.

 

3. Tax and Value Added Tax Registration 

· You will need to apply to Fiji Revenue & Customs Authority issuance of Tax Identification Number for the individuals and the company.

· You will need to register the company for Value Added Tax.

4. Reserve Bank Exchange Control Approval

· You will need to apply to the Reserve Bank of Fiji approval for issuance of shares to be held in the Fiji company - this is the legal approval by the Reserve Bank to allow you to individually hold shares in Fiji 

· You will need to apply to the Reserve Bank for Exchange control approval for finance to be brought in if applicable (this will allow profits if any to be repatriated to financiers/investors if applicable)

5. Investor Immigration Permit 

· Upon issuance of the Investment Fiji approval letter confirming shareholding structure, you can make an application for either a three (3) or seven (7) year investor permit

· A three (3) year permit is issued for a one (1) year and renewed if conditions have been met in that time and requires a predetermined investment level dependent on industry and allows for co-existent visas for dependents (family members)

· You will need to have acquired the certified copy of the Foreign Investment Registration Certificate as above

· Certified copy of applicant's passport bio-data 

· Police report from country of citizenship and countries you have resided in for more than 12 months in the last ten (10) years 

· A covering letter for the application

 

6. Bank Account Establishment

· Upon issuance of the Investment Fiji Certificate (step 2), the Company Registration (step 1) and the Investor Permit (step 5) you can establish a bank account for the entity.

· At least one director must be present to complete this.