GOVERNMENT OF ANGUILLA
MINISTRY OF HOME AFFAIRS
IMMIGRATION POLICY, 2001
1.
BACKGROUND
i)
The rapid economic development in Anguilla since the 1980’s has created
a demand for labour which could not be
provided solely from local sources.
ii)
Expatriate workers and their families were therefore attracted or invited
to Anguilla. Many of these complied
with the provisions of the Immigration and Passport Ordinance and the Control of
Employment Ordinance. Many others
have evaded these provisions and have remained on the island illegally for a
long period
iii)
Anguilla as an Overseas Territory needs to harmonize its national
immigration laws and policy with the provisions of the British Nationality Act
1981, and the European Convention on Nationality, particularly with respect to
residence without immigration restrictions, statelessness and basic
human rights relating to residence status.
iv)
The Overseas Territories Bill is expected to be introduced into the
British Parliament in the near future. Its expected implementation will impact on the status
of all British Dependent Territories Citizens.
v)
There is an urgent need to establish a clear, transparent and unambiguous
immigration policy to facilitate claims for residence in Anguilla and to control
immigration in the future.
2.
POLICY ON VISITORS
i) The provisions
of the Immigration and Passport Ordinance, 1980 and the
Control of Employment Ordinance, 1980 will be strictly enforced.
ii) Processing of Visitors/Vacationers
a)
All Visitors/Vacationers may be interviewed at the port of entry.
The typical questions include:
i)
intended address
ii)
countries visited en route to Anguilla
iii)
intended length of stay
iv)
means of support or local sponsor
v)
evidence of return ticket
vi)
occupation
b)
the normal time given should be four (4) weeks.
Length of period may vary depending on circumstances.
c)
No visitor will be granted an extension of stay in order to facilitate a
first time application for a Work Permit.
iii) Visitors who own homes on Anguilla and who have not yet been
granted a Permit of Permanent Residence (PPR) will be favourably considered for
the grant of a permit to enter and
remain on Anguilla for a period of six (6) months.
Such permits may be extended up to a maximum of one (1) year.
iv) Applications for extension of stay
must be submitted to the Immigration Department at least seven (7) days before the permitted period of time
expires.
v)
Only one extension of stay may be permitted as a general rule.
vi)
All visitors are required to leave the island on or before the expiration
of the time granted. Any visitor who remains in Anguilla after the expiry of
the time granted must leave the island within the time frame given by the Chief Immigration Officer. Any
further extension of time in such circumstances may be exceptionally allowed.
3. PERMITS
OF PERMANENT RESIDENCE (PPR)
i) Section 25
(1) of the Immigration and Passport Ordinance states inter-alia that,
“the
Governor may grant to a person not belonging to Anguilla a permit of permanent
residence subject to such conditions as he may think fit.”
ii) The holder of such
a Permit of Permanent Residence (PPR) may enter and remain in Anguilla free of any immigration restrictions but shall not engage in
any occupation in Anguilla for
profit or reward, or be employed in Anguilla for a wage, salary or other
remuneration unless exempted from the provisions of Control of Employment
Ordinance 1980.
The following
categories of persons may be favourably considered for the Grant of Permits of
Permanent Residence:
a)
Non-belongers who have been granted work permits for a period of Seven
(7) or
more
consecutive years;
b) Children
of Work Permit holders who have attended schools in Anguilla for seven (7)
or more years
and have attained the age of seventeen (17) years;
c) An
investor of at least US$2,500,000 in a business in Anguilla;
d) Highly
qualified professionals or investors in the legal/financial and other
designated
services whose
expertise is beneficial to Anguilla’s economic development and who
have been resident
in Anguilla for five years;
e) Retired
persons who own property in Anguilla;
f)
Non – belongers who have been legally residing in Anguilla for seven
(7) or more
years;
Provided that
such persons meet the criterion of good character.
iii) The prescribed fees
must be paid by all categories of persons.
4.
NON-BELONGERS RESIDING ILLEGALLY IN ANGUILLA
Non-belongers
who are illegally resident in Anguilla and who meet all of the following
requirements may be favourably considered for the grant of Permits of Permanent
Residence:
i) the applicant must have been continuously resident in Anguilla for a
period of at least ten (10) years up to and including the 31st
December 2000 and have continued to be resident from that date until the date of
making application under item (2);
ii) not later than 31st December 2001, the applicant must submit:
a) his completed application in the required form;
b) proof of residence and good character; and,
c)
the fee required for the Permit of Permanent Residence.
5. BELONGER STATUS AND CITIZENSHIP
Matters relating to the qualifying period and other criteria for the
grant of Belonger Status will be addressed by the Constitutional Review Committee.
6.
WORK PERMITS AND IMMIGRATION
i) The Control
of Employment Ordinance, 1980 shall be strictly enforced.
ii) Work Permits
should not be granted for a continuous period of more than four (4) years except in cases where the skills of
the person are considered to be critical to the development of Anguilla.
iii) Applicants for Work
Permits should be advised that the attendance at public schools
of children of successful
applicants cannot be guaranteed.
Attendance will
depend on the availability of space and other resources.
7. ELIGIBILITY
OF EXPATRIATE GOVERNMENT EMPLOYEES
The provisions
of this policy will apply equally to Government employees who are exempted from
the requirement of a Work Permit under the Control of Employment Ordinance,
1980.
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