July 28 - August 3, 2012
TURKS AND CAICOS WEEKLY NEWS
NEWS
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Immigration law singed GOVERNOR Ric Todd, signed the Immigration (Amendment) Ordinance and Immigration (Amendment) Regulations 2012 into law, on Monday, giving effect to the main messages received in the recent territory-wide consultation on the pathway to citizenship. Majority of the provision will come into effect on August 13th, but the new rules on Permanent Residence Certificates will come into law on September 10th, which is when the current moratorium on new applications for PRC will be lifted. The draft Immigration (Amendment) Ordinance and Immigration (Amendment) Regulations were completed in the latter part of June, following the end of consultations. Led by the Consultative Forum, the consultation saw more than 140 submissions made, including one from ‘The Men of Grand Turk’ featuring 387 signatures, with hundreds of people attending more than a dozen public meetings between November 2011 and February 2012. The policy and legislation were debated by the Advisory Council on May 30th and June 22nd and considered by the Consultative Forum in closed session on June 25th, and in open session on June 27th. The legislation met with unanimous support, subject to some changes of detail, mainly affecting the new residence permits, and fees, which had been raised during the debate. CHANGES The main changes to the law are in Section 3 of the Immigration Ordinance, which sets out the ways in which a person becomes a Belonger. In line with the majority of the responses to the consultation, the only ways to become a Belonger will be by birth, descent, adoption, by being married for ten years to a Belonger (other than a Belonger by marriage), or by being the dependent child of someone who becomes a Belonger by marriage. It will no longer be possible for the child of a non-Belonger who marries a Belonger to acquire Belonger status as soon as the marriage takes place, as a stepchild. There will be no provision for Belonger status to be granted in any other circumstances. It will be the responsibility of an elected Government to bring forward an Ordinance, which provides for Turks and Caicos Islander Status to be granted if certain conditions are met. This is a requirement of the Constitution, which also sets out the minimum conditions to be included in that Ordinance. Other changes to the Immigration Ordinance stipulate that: • It will be possible for Belonger status that was bestowed under the previous law to be revoked, where the Belonger is convicted of a serious criminal offence and is not resident in the Islands. This
will only apply to those who had Belonger status granted for "an outstanding contribution to the economic and social development of the Islands". • It will no longer be solely the responsibility of a Belonger to prove their status day to day: all Belongers will be able to obtain a National Turks and Caicos Islander Status Card that will be lawful evidence of their status. Cards are being issued free of charge to those who applied as part of the current exercise linked to the electoral register, but the new regulations provide for a fee of $50 in future. • There will be a new criminal offence of marrying in order to gain immigration advantage, with a penalty of up to two years' imprisonment and a $10,000 fine. This is aimed at so-called "marriages of convenience" and would apply both to the person gaining immigration advantage and to the Belonger who is marrying them in order to allow them to do so. • The law is being clarified to confirm that Belongers, PRC holders and British overseas
territories citizens by virtue of a connection with the Islands, ie TCI passport holders, are free to enter, reside, and work in the Territory, and cannot be excluded from or deported from the Territory. Amendments to the Immigration Regulations include: • Amendments to Schedule 3, to provide for a new, long-term residence permit for investors. From 13th August, it will be possible for someone who has invested $500,000 or more in Providenciales or West Caicos, or $250,000 or more in Grand Turk or the family Islands, to obtain a residence permit for up to ten years. • The fee for a residence permit for the spouse of a Belonger will be increased to the equivalent of an annual rate of $300; it will be possible for such a permit to be issued for up to 11 years; and there will be provision for dependent children to be endorsed on the permit for $150 per child. • Amendments to Schedule 2, which applies to permanent residence. From 10th September the Ministry will accept new applications for PRC under new,
standardised rules. People will qualify for PRC if they meet the general requirements, and have held a work permit, other than as an unskilled worker; or a residence permit; or have been in the Islands under Section 9, ie as a Government worker for ten years or more. Anyone who has held a work permit as an unskilled worker for ten years or more by 10th September 2012 will also be able to qualify, but time spent as an unskilled worker will not in future be able to lead to PRC. [The fees for all these PRCs will be $10,000.] • PRC will also be available to young people who have been endorsed on their parents' PRC when they turn 18; to young people who arrived in the Islands before the age of five and have been through primary and secondary education here before 10th September 2012; and to people who have been married to a Belonger for five years or more, where the Belonger spouse has died. The fees for these PRCs will be $5,0000. • Apart from those who qualify on the basis of having been a
residence permit holder, PRC holders will have unrestricted permission to work. The provision in Schedule 8 for an "anniversary" fee to be required of a PRC holder with limited permission to work, which has never been consistently applied, has accordingly been removed. This responds to points raised in the consultation. • All applicants for PRC will need to provide evidence that they have a sound knowledge of the English language and of the Islands. The TCI Community College will be involved with the arrangements for tuition and testing: more details of this policy will be issued in advance. Separately from this legislation, the Ministry will be bringing forward new British Nationality Fees regulations shortly, to increase naturalisation fees to $1,000 and registration fees to $500. Permanent Secretary, Ministry of Border Control and Labour, Clara Gardiner maintains that the opinions of Belongers themselves have shaped the draft legislation following one of the country’s most comprehensive public consultations
WFD visit to assist in turning legislation into systems BY VANESSA NARINE THE Westminster Foundation for Democracy (WFD), this week, visited the Turks and Caicos Islands for the third time and focused on turning legislations discussed during the previous visit into practical systems. In addition to David Thirlby of the WFD, the other politicians and political representatives included: Conservative MP Andrew Percy, Steven Gauge, a Liberal Democrat who addressed campaigning,Scottish National Party lawyer, Mr. Scott Martin, and James Swindlehurst, from the Labour Partywho addressed the legal aspects of campaigning. During the team’s last visit, they engaged local politicians and the government in discussions on the Elections Ordinance and the Political Activities Ordinance, among other matters. Feedback from the stakeholders has resulted in the Revised Elections Ordinance and the new Political Activities Ordinance, which is almost completed. This time round they met with stakeholders to discuss in particular the sources and uses of political finances, as well as the implementation of the Elections and Political Activities Ordinances. TURNING POINT Director of Strategy in Governor’s Office, Mr. Phillip Rushbrook, told the Weekly News that the foundation’s visit this week is a turning point in history of the TCI. He said, “We have gone from the theory of what would happen. Now
Members of the foundation, from left are, Scott Martin, Steven Gauge, Andrew Percy and James Swindlehurst
we have certainty. We have elections set for November 9…this is a turning point where parliamentarians from the UK can engage politicians here on how to use these legislations in a realistic way. “What we are trying to achieve is to create a clear set of rules that politicians can work with in the interest of good governance. “The Westminster Foundation for Democracy will be helping to turn that policy into action.” Mr. Scott Martin regularly contributes to the statutory process on election law through briefings to MPs and MSPs, and submissions to consultations run by the Electoral Commission and Governments on electoral legislation. He is also very familiar with the UK legislation, which forms the basis for the proposed TCI election ordinance and how it works in practice. According to him, the engagement goes beyond legislations since stakeholders address how to put law into practice to ensure compliance. “We look at things like if you get a
campaign donation, how you record that donation to keep in line with the laws,” he said. The Labour Party’s, Mr. James Swindlehurst, added his bit and noted that his experience allowed for an exchange on how to campaign within the limits of the new laws. He said, “We are looking, for example, at the systems that parties will need to make sure that they get to do what they need to as effectively as possible. “Our job is to support the parties here in coming to terms with the new rules and ensure the systems that they develop work for them… we are here to help them deliver within those systems in the coming months.” Conservative MP, Mr. Andrew Percy, reiterated this, adding that the new system is workable. “The new system that you have here is similar to what we have in the UK and when the system was introduced there politicians complained about it….what we are here to do is to help them work through it.
“We found that this system actually works and is one of the best campaign finance laws in the world that avoid corruption.” Percy added that on the campaign side of things, politicians are being supported on developing their manifestos, getting their message across and holding their opponents to account. In Parliament, Percy serves on the Regulatory Reform Committee and takes a keen interest in many policy areas including education, foreign affairs, local government and constitutional issues. The other member of the WFD, Mr. Steven Gauge, a Liberal Democrat, said the system in the UK is similar to the TCI. He said, “We are not coming here to say you have to do our politics the way we do. Every country has their own political structures and systems that align with their culture. “We are here to share our experience and explore how we can help to get their message across to the people.” The WFD also engaged the Governor, members of the Advisory Council, the Consultative Forum, the Elections Office, the Integrity Commission, the Chamber of Commerce, local politicians from both parties and independent candidates in the running for the AtLarge seats. The WFD is one of the worlds’ leading supporters of democratic institutions and supports the strengthening of parliamentary democracy, helps to develop political parties, local governance and civic participation.