Turks and Caicos Islands: Legal Notice 9 of 1994 ORD 13 / 92

Legal Notice 9 of 1994 ORD 13 / 92

Made March 10, 1994

Made by the Governor under section 72 of the Immigration Ordinance 1992

1. Citation, commencement and interpretation

(1) These Regulations may be cited as the Immigration (Amendment) Regulations 1994 and shall come into operation on March 11, 1994

(2) In these Regulations, the "principal Regulations " shall mean the Immigration Regulations 1992

2. Amendment of regulation 2

""Islands" means the Turks and Caicos Islands"

3. Addition of new regulation 17A

"Temporary work permits

17A. Schedule V (A) has effect with respect to temporary work permits."

4. Schedule II amended

(1) Paragraph 2 of Schedule II of the principle Regulations is amended by deleting the reference therein to paragraph 2(2)(c)

(2) Paragraph 3 of Schedule II of the principal Regulations is revoked and the following new paragraph is substituted

"3. (1) The requirements for the grant of a Permanent Residence Certificate under section 15 (1) of the Immigration Ordinance are, in the case of an applicant who applies for it, as follows -

(a)the requirements specified in any one of subparagraphs (2) (a),(b),(c),(d),(e) or (f); and

(b)that he is of good character; and

(c)that he is in good health; and

(d)that his intentions are such that ,in the event of a certificate being granted to him, his home or (if he has more than one) his principal home will be in the Islands; and

(e)that he is capable of supporting himself and his dependents in the Islands.

(2)The requirements referred to in subparagraph (l)(a) are

(a)(i) he has held a work permit as a selfemployed person for a period of not less than five years endingwith the date of his application for a certificate; and

(ii)he has been ordinarily resident in the Islands for a period of not less than five years; and

(iii)he has invested in the Islands not less than $100,000 in his business; and

(iv)he has been actively involved in the running of his business;

or,

(b)(i)he has held a work permit as a skilled worker for a period of not less than five years ending with the date of his application for a certificate; and

(ii)he has been ordinarily resident in the Islands for a period of not less than five years; and

(iii)he has invested not less than $100,000 in the Islands in a business or a home for himself and his dependents;

or,

(c)(i)he has held a work permit as an unskilled worker for a period of not less that sixyears ending with the date of his application for a certificate; and

(ii)he has been ordinarily resident in the Islands for a period of not less than sixyears; and

(iii)he has invested in the Islands not less than $100,000 in a business or a home for himself and his dependents ;

or

(d)he has held a work permit as an unskilled worker for a period of not less than ten years ending with the date of his application for a certificate ;

or,

(e)he has invested in the Islands not less than $250,000 in a business or in a home for himself and his dependents and does not seek to engage in any gainful occupation;

or,

(f)having been the dependent child of a permanent resident ,he has , at the date of the application, ceased to be a dependent child by virtue of his having attained the age of 18 years.".

(3) Paragraph 5 of Schedule II of the principal Regulations is revoked and the following new paragraph is substituted

"5. Subject to paragraph 6, a Permanent Residence Certificate granted under section 24 of the Immigration Ordinance if permitting the permanent resident to engage in gainful occupation shall restrict the permission to a specified occupation."

(4) Paragraph 6 of Schedule II is revoked and the following new paragraph substituted

"6. (1)A permanent resident who has resided in the Islands for a period of not less than ten years may apply to the Governor for permission to engage in gainful occupation without any limitation or restriction.

(2)If the Governor is satisfied that the applicant has resided in the Islands for a period of not less than ten years ending with the date of his application under subparagraph (l), and has not been convicted of an offence against the Immigration Ordinance or these regulations , he shall endorse the certificate with permission to engage in any gainful occupation without any limitation or restriction.".

(5) Paragraphs 7 ,8 and 9 of Schedule II of the principal Regulations are revoked.

(6) Paragraph 10 of Schadule II of the principal Regulations is revoked and the following new paragraph substituted -

''10. Where a person applying for a Permanent Residence Certificate undertakes to invest a minimum sum of $ 500,000 in an approved enterprise (as certified by the Governor in accordance with paragraph 11) within a specified time , and satisfies the Governor of the requirements specified in paragraphs 3 (1) (b) to (e) of this Schedule , the Governor may give the applicant an undertaking in writing in form 3 of this Schedule."

(7) Paragraph 11 (3) of Schedule II of the principal Regulations is amended by substituting the words " paragraph 10 " for "paragraphs 3 (a) (ii) and 3 (b) (ii) ".

(8) Form 1 in Part B of Schedule II is amended -

(a)by deleting both the word "Category" appearing at the beginning of the form, and the footnote;

(b) by substituting the following for paragraph 19 of the form -

"19. If you are holding, or have held , a work permit, please attach a photocopy of the permit."

(9) Form 3 in Part B of Schedule II (Undertaking to grant a Permanent Residency Certificate) is amended

(a)by deleting the words "in the investors category/entrepreneurs category"; and

(b)by substituting the words "paragraphs 3(1)(b) to (e) " for "paragraphs 3 (a) (i) and (iii) / 3 (b) (i) and (iii) ".

5. Schedule IV amended

(a)by revoking paragraph 6(2) and substituting the following new paragraph

"(2) A Work Permit (Self-Eployed Persons) may be granted for such period not exceeding five years as the Board may determine , and may be renewed.".

(b)by inserting the words " suitably qualified " before the word "Belonger " in paragraph 9 (a)(iii);

(c)by revoking paragraph 12 (2) and substituting the following new paragraph -

"(2) A Work Permit (Employed Person) may be granted -

(a) in respect of a skilled worker, for such period not exceeding five years as the Board may determine;

(b) in respect of an unskilled worker, for such period not exceeding three years, as the Board may determine,

and may be renewed.".

6. Addition of new Schedule V(A)

"SCHEDULE V(A) ( Regulation 17A)

APPLICATION FOR A TEMPORARY WORK PERMIT

1. An application for a temporary work permit may be made by or on behalf of an applicant to the Director

2. The application shall be accompanied with the fee specified in Schedule VI.

3. An applicant for a temporary work permit shall provide the Director with such information as the director may require which shall include, but shall in no way be limited to, information regarding the purpose of his proposed visit to the Islands, his proposed contact in the Islands , the nature of his business and the duration of his proposed visit (which shall in no case exceed six weeks )."

7. Amendment of Schedule VI

(a)by revoking paragraph 2(2)(a) and substituting the following new paragraph

"(a) where the certificate is issued -

(i)to an unskilled worker permitting him to engage in gainful employment without any limitation or restriction, a fee of $1,500;

(ii)to any other person , a fee of $10,000;"

(b)by revoking paragraph 2 (2) (b) and substituting the following new paragraph -

"(b) in addition to the fee specified in subparagraph (2)(a), where a certificate permits the permanent resident to engage in a specified gainful occupation, there shall be payable on the issue of a certificate and annually thereafter on the anniversary of the issue of the certificate, the same fee that would, but for the grant of a certificate, have been payable in respect of a work permit ."

(c)by revoking paragraph 2 (2) (c) and substituting the following new paragraph -

"(c) where a certificate permits the permanent resident to engage in gainful employment without any limitation or restriction, no annual fee shall be payable."

(d)by inserting the words "or a Temporary Work Permit" after the words "Emergency Work Permit " in paragraph 3.