New Immigration Bill Aims to Clarify Residence and Belonger Status in the Virgin Islands

The Immigration and Passport (Amendment) Act, 2024, took its first steps towards implementation with its first reading during the Tenth Sitting of the First Session of the Fifth House of Assembly. The revised Belonger and Residence Status Policy was also tabled.

The move comes amidst a broader overhaul of immigration policies aimed at streamlining processes and providing clarity on residence and Belonger status.

Speaking on behalf of the Ministry of Tourism, Culture, and Sustainable Development, Mr. Joseph Smith Abbott emphasised the importance of the amendments, stating, “The provisions in the Bill address the periods of being ordinarily resident in the Territory to be considered for the grants of residence and Belonger status. Moreover, it enshrines the policy directives resulting from the wide consultation, which preceded the completion and adoption of the policy. Persons are encouraged to pay keen attention to the amendments to the principal Act.”

The impetus behind this legislative push stems from Recommendation B33 of the Commission of Inquiry, which highlighted the necessity for clear and published guidance regarding applications for residence and Belonger status. The bill seeks to offer clarity regarding the length of tenure required in the territory for the grant of such statuses.

Key provisions within the bill include delineating the length of time necessary for eligibility for Residence and Belonger status, establishing guidelines and criteria for awarding status by Cabinet, and outlining the process for determining quotas and an appeals process. Additionally, the bill addresses the paths to residence status for children and those born in the BVI to Non-Belonger parents.

Moreover, the bill sets out the responsibilities of various entities to gather and analyse crucial data on population, demographic trends, labor market conditions, and housing availability. It defines categories of residence certificates and the eligibility criteria and qualifications for such certificates.

Crucially, the bill ensures transparency in quota-setting activities through stakeholder consultations. It also assesses the potential economic and social impact of residence or Belonger certificates, underscoring the government’s commitment to holistic development.

The Board of Immigration will play a pivotal role in recommending annual immigration quotas for residence or Belonger certificates to Cabinet, aligning with quota-setting objectives and the territory’s capacity.

As the Virgin Islands government remains steadfast in its commitment to fostering national political, economic, and social development, the new Immigration and Passport Act and its amendments signal a proactive step towards a more coherent and inclusive immigration framework.

Citizens and residents alike are urged to familiarize themselves with these significant legislative changes.