Existing law & Cabinet policy on Residency for Belongership ‘not fit for purpose’- Premier
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.”
Residency for Belongership not a right in VI- Premier
Premier said the answer has always been to further amend the Immigration and Passport Act, as opposed to the various fixes that have been tried; however, residency for the purpose of obtaining belonging ship is a privilege and not alright.
“It is not automatically given after a decade in the territory, so while applications for residency for such a purpose can be submitted as early as ten years under the law there's a process that must be followed to consider whether applicants have earned the privilege of being granted residency.”
Unity Gov’t will amend law
Premier Wheatley continued that previous governments have failed to amend the law or change policy as was previously recommended but the Government of National Unity will do so in a manner that is clear, fair and socially and economically sustainable; however, it is not going to make any legislative amendments without consulting the public.
“This is why we must begin a structured dialogue to find the best way forward. We will be announcing public meetings very soon. These will be complementary to the review of the existing immigration regime review that will begin by the end of September that will also help inform any changes to be made.”
He said, in the meantime work will continue in the Immigration Department to ensure that all records are up to date and accounted for and that the administrative systems and processes of the department are working.
.png)
Follow Us On
27 Responses to “Existing law & Cabinet policy on Residency for Belongership ‘not fit for purpose’- Premier”
Tell us Honourable Premier Puppet PHD, when end of September comes around, exactly how many 10 year belonger status' would your administration have given out by then?
PPl of the VIrgin Islands STOPPPPPP letting this man and this government play yall for fools...PLEASE!!!
Natalio knows exactly why he is doing this now, his Caricom buddies and their representative Pastors here in the BVI (no need to call names, we KNOW who HE/THEY are) pressured him to make it happen for the sake of their support.
I thought the SPecial Envoy Premier had more sense and sensibility than this but I can tell its something that runs in their family....
GOD SEND HELP!!!
The bvi can't have an open door immigration policy, its nonsense, its a recipe for disaster, look at Bermuda and Cayman and see how they dealt with it. By September every jack man will put in an application, so I assumed this is not an urgent matter for your administration.
WHERE THEY CAN MAKE AN HONEST , LIVING ON THIS PLANET CALLED EARTH ???? WE BLAMING EVERYONE ELSE FOR WHAT WE ARE GUILTY OF / WHO NEXT ???? ❓ ( JESUS
Even if 40,000 people go to UK they will not feel it but this little islands called nature's little secret/BVILOVE/ the Virgin Islands will feel it most.
This 10 years measure will cost this little territory if you can't see it wait for the evidence. Some of us may be long gone but it will happen. The indigenous BVILANDERS are already out numbered and we can see their pressure presently and you are going to add more pressure on them.
I beg of you people in authority to do what is right including motherland to act right and amend some of what is been recommended by col. Make the necessary changes to the constitution or else this territory will fail its people. The people's voices need to be heard and not fall on deaf ears.
To deliever at thier hospital
Who screams Not from here
People stop
I said before heaven do not have sections written from here
Is it you who made the clouds, sky, land and every thing that makes the universe.
Mr & Mrs all powerfull. Invite Christ in your heart.love & stop the hate. God forgive them for this high level of stupidity .Amen