BVI GETS 64 MORE RESIDENTS AND BELONGERS

In a ceremony at the Legislative Council Chambers last Friday, government issued another 64 non-nationals with their certificates of residence (54) and Belongership (10).

The new residents are from Antigua (2), Canada (2), Dominica (8) Dominican Republic (3), Guyana (3), Jamaica (1), Nevis (4), St. Kitts (11), St. Vincent (16) and United States (4), while the new Belongers are one each from Barbados, Dominican Republic, Anguilla, Canada, Jamaica, Dominica, Antigua and Grenada and St. Kitts (2).

Mr. V. Victor O’Neal, Chief Immigration Officer, in his remarks, clarified the process of obtaining certificates of residence and that of Belonger status. He said there is considerable confusion and a lot of complaining as regards those who should qualify.

Mr. O’Neal pointed out that the Immigration Ordinance was amended 4th November 2000 and gazetted on 21st December 2000. He said there were several amendments specifically relating to the granting of certificates of residence and Belonger status as spelled out in Cap 113 sub-sections 16 and 17.

He explained that applications for Belonger status would fit into one of four categories: general applications, exceptional circumstances, the spouse of a Belonger (one who is alive) and in special cases a spouse who was married to a Belonger who has passed on.

“Under general applications, the law stipulates that you must be of good character…not be less than 18 years of age, be an ordinary resident of the territory for ten years immediately prior to your application or you have held a certificate of residence for not less than 12 years meaning one year preceding the date of your application and you should re-state your intention of making the territory your permanent home and the Board of Immigration must be satisfied that the applicants have demonstrated this intention,” the Chief Immigration Officer explained.

Under exceptional circumstances of any case, the Governor in Council may consider it fit to do so after consultation with the Immigration Board to any person who is of good character and who has been living in the territory for 7 years.

Meantime, prior to December 2000 when the act was amended, one could have gained Belonger status automatically by marrying someone deemed to belong to the Virgin Islands. “That was not handled by the Immigration Board, that was handled by the Passport Office.”

He said the spouse of a Belonger could be granted a certificate where he/she has been an ordinary resident of the territory with his/her spouse who is a Belonger and they have been living together as husband and wife for at least five years, unless the spouse/Belonger has been sentenced to prison in any country for a criminal offence for a term of one year or more.

“Where the spouse of a Belonger dies before his/her spouse completes a period of five years residence and at the time of the death they were living together as husband and wife at least for two and a half year, the Governor in Council, may again, grant the surviving spouse the certificate,” Mr. O’Neal further explained. He said other factors to be considered include the economic situation in the territory, the applicant has established a close personal relationship with the territory and their character and previous conduct are exceptional and whether the applicant’s continued association with the territory may afford it some advantage. “It should be noted however that if at any time during this period you are in breach of the Immigration Ordinance, you do not qualify,” the Chief Immigration Officer spelled out.

In terms of certificates of residence, Mr. O’Neal said significantly, applicants should be of good character and state their intention of residing permanently in the BVI. He said according to the recent amendment, when a certificate of residence is granted to any person under this section, the Governor in Council again may, on subsequent application by the person, endorse the certificate to relate to the spouse and any dependent children under the age of 18 years of that person ordinarily resident with him in the Virgin Islands.

A child who attains the age of 18 years and wishes to remain in the BVI shall within 6 months should make an application in his/her own name.

The Chief Immigration officer said his first reflection on looking at the list of candidates is that there is already free movement of travel within CARICOM. “I am here today to tell you the Department and Ministry will continue to do what is right and consistent, with fairness, as it relates to presenting applications to the Board of Immigration,” Mr. O’Neal stated. He urged the new residents and Belongers to defend this territory, invest in it, be a part of it and enjoy it.

Chief Minister Honourable Ralph T. O’Neal also brought remarks at the ceremony. He thanked the Immigration Board for speeding up the process of granting the certificates in an effort to reduce the backlog of applications and congratulated each of the recipients for meeting the qualifications.

Hon. O’Neal pointed out that some persons have no regard for the community and he warned that just as these certificates are given, they could be taken away. “So, there is nothing wrong in people coming and making use of the opportunities, but the important thing is that you must behave, you must be circumspect to the laws, traditions and customs of the people of the country.”