Existing law & Cabinet policy on Residency for Belongership ‘not fit for purpose’- Premier - said review of the existing 'immigration regime' will begin by end of September
ROAD TOWN, Tortola, VI- Noting that the topic of Immigration and Reform is one of the most sensitive issues that the Virgin Islands must address, Premier and Minister of Finance Dr the Honourable Natalio D. Wheatley (R7) has said a dialogue must begin in earnest on what is in the best interest of the Virgin Islands, beginning with the granting of Residency status for the purpose of Belongership.
2022-07-26 13:20:26 - VI News Staff
He said that dialogue with the people of the Virgin Islands will begin at the end of September.
Both Law & policy ‘not fit for purpose’
According to the Premier in a statement today, July 25, 2022, both the existing law and longstanding policy are not fit for purpose and have been the cause of much confusion.
The Premier explained that over the years in the Virgin Islands governments have instituted various arrangements to determine who has earned the privilege of residency for belonging ship. He said the existing eligibility criteria contained in the Immigration and Passport Act was put in place over 20 years ago. “It was passed in our House of Assembly, which at the time was referred to as the legislative council. This law permits persons to apply for residency for Belongership as early as 10 years of living in the territory.”
Dr Wheatley noted; however, that a subsequent government that saw the amended law as "open-ended, convoluted and unsustainable," because it would change the social fabric and political landscape of the Virgin Islands, adopted a policy in Cabinet in 2004 that doubled the duration of time to 20 years before an application for residency for Belongership could be made and limited the number of persons that could be approved annually for residents to 25.
Cabinet policy questioned
“However, the legality of that policy was questioned in a report by the Complaints Commissioner as early as 2013, due to its inconsistency with the law. The policy’s contradiction of the law was also captured in the Annual Report of the International Ombudsman Institute 2012-2013. This problem was also picked up on during the Commission of Inquiry.”
The Commission of Inquiry Report recommended a review of the existing residency policy and processes for granting Residency and Belongership status, including the open discretion by Cabinet to grant such statuses and the length of residence required for Belongership, among other things.
“Where we find ourselves today is that we have an immigration law on the books that allows for applicants to apply for residency for the purpose of Belonging ship after 10 years and sets no set limit on how many applications can be approved per year.”
He said the VI also has had a policy in place for some time that is inconsistent with the law because it doubles the time required to begin an application for Residency for belongership and severely limits the number of approvals per year.
“Both the existing law and longstanding policy are not fit for purpose and have been the cause of much confusion.”