The Immigration and Passport (Amendment) Act, 2024, signed into law by Governor Daniel Pruce on November 1, introduces significant changes to the Territory’s immigration policies. Among the most notable amendments is the doubling of the residency requirement for individuals seeking Belonger status, extending the period from ten to twenty years.

The legislation also establishes an Immigration Appeals Board to handle challenges and disputes, reflecting the government’s commitment to enhancing the transparency and accountability of the immigration process. Premier Natalio Wheatley described the amendments as a step forward in refining the system. “We are committed to ensuring that the process is transparent and equitab

Governor Daniel Pruce

le,” the Premier said in a statement. 

While the new law introduces robust measures to regulate and manage immigration, it has drawn mixed reactions. One key point of contention is the lack of new pathways for children born in the Virgin Islands to non-Belonger parents. Critics argue that this omission leaves a gap in addressing a demographic often caught in legal limbo.

The amended law also tasks a newly created Quota Setting Committee with advising the Board of Immigration on annual quotas for residence and Belonger certificates. This ensures that quotas align with the Territory’s capacity and strategic objectives.

However, the law is not yet in effect. It will commence on a date to be announced by the Premier in the official Gazette. Applications submitted before this date will be processed under the previous legal framework, providing clarity for those already in the system.

The government has framed these changes as part of its broader strategy to ensure sustainable growth and prosperity for the Virgin Islands. “These amendments are designed to support the Territory’s long-term goals while maintaining fairness for all residents,” a government statement emphasised.

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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.

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