Foreign founders moving to Samoa need business approvals before residence filing

Distinguish a short business visit from operating the business

Foreign founders moving to Samoa should prepare commercial approvals before applying for business residence. Immigration distinguishes short visits for negotiations or conferences from business activity requiring temporary residence. Visitors cannot work.

Immigration requires the investment certificate, business licence and company-registration confirmation, MPMC100 residence form, medical and police reports. It names the Justice Ministry for company confirmation, while current Commerce Ministry instructions place registration with MCIL’s registry. Use the current registry and ask immigration which confirmation it accepts.

Establish that the proposed activity is open to foreign participation

The Attorney General’s published Foreign Investment Act defines foreign investment broadly, including a company with non-citizen shareholding carrying out a business activity requiring a licence. It distinguishes prohibited activities, activities reserved exclusively for Samoan citizens and restricted activities allowed only under specified conditions. A locally incorporated company does not by itself remove the foreign-participation restriction.

For restricted activities, the law permits conditions involving equity, investment amounts, citizen employment targets or overseas capital. The certificate is not transferable. Present the actual proposed activities and ownership structure for classification rather than describing a broad enterprise name that conceals a regulated activity. For a restricted activity, ask which conditions will be endorsed on the certificate before committing the investment capital.

The Act also requires a certificate-renewal application at least three months before expiry. The chief executive may accept one up to three months late for good reason, otherwise a new certificate is needed. That discretion is not an automatic late-renewal entitlement.

Register the company and keep the investment certificate current

MCIL’s current business-registration instructions direct company filings to businessregistries.gov.ws. They list SAT 250 for company registration and SAT 50 for the annual return. The return is filed in the incorporation month. These company-register obligations are separate from the annual investment certificate and business licence.

For the foreign investment certificate, MCIL lists SAT 50 to lodge a new application and SAT 50 to issue the certificate, with SAT 50 annual renewal and SAT 70 amendment. The published validity is twelve months. Changes to ownership, location or activities must be notified and amended. Keep copies showing the same activity and establishment details across the registry, investment certificate and licence before assembling the residence file.

Prepare the licensing evidence rather than relying on incorporation alone

The government business-licensing service asks for a signed application, beneficial-ownership form except for sole traders, premises pictures or map and evidence of funds, such as a bank statement, remittance receipt or loan document. Regulated trades and professions need evidence from the relevant governing body. Its annual licence runs January to December, with renewal within December or before the following 31 January.

The linked Revenue Ministry operational statement, approved in October 2012, supplies more detailed supporting-evidence examples. It calls for a company incorporation certificate and checks that a foreign investor’s certificate covers the activity requested on the licence. It also describes shareholder and director photo identification and a source-of-funds explanation. Treat its detailed examples as an older document still linked by government, and establish any current additional requirements with Revenue before presentation.

Resolve the licence charge before paying and booking the move

The licensing service currently displays SAT 640 per activity for a company or joint venture and SAT 282 for a sole trader or partnership. It says charges also apply by location, and new licences may be prorated for the remaining calendar months. Renewals are not prorated. The page lists a SAT 200 late-renewal penalty after 31 January.

However, its linked 2012 statement still contains SAT 500 company and SAT 220 other-business annual amounts. Those older figures should not be treated as a current quote. Ask Revenue to confirm the applicable activity, location, approval month and current total, then retain the receipt. The reviewed immigration material did not establish a current business-residence fee or guaranteed decision time. Commercial payment or registration is not the residence decision; obtain immigration’s filing instructions before making the move.