Caribbean Community Skilled Nationals Act 1997

Link to law: http://laws.gov.ag/acts/1997/a1997-3.pdf

No. 3 of 1997. The Caribbean Community Skilled 1 ANTIGUA
Nationals Act 1997. AND

BARBUDA

[ L.S. ]

I Assent,

Joseph Myers,
Governor-General's Deputy.

1 lth March, 1997.

ANTIGUA AND BARBUDA

No. 3 of 1997

An Act to remove the restrictions on the entry into Antigua and
Barbuda of skilled nationals of qualifying Caribbean
Community state.

[ 24th April, 1997 ]

1. This Act may be cited as the Caribbean Community Skilled short title.
Nationals Act 1997.

2. In this Act - Definitions

"immigration officer " means an immigration officer
under the Immigration and Passport Act; cap. 208.

property" includes real and personal property;

"qualifying Caribbean Community state" means amember
state of the Caribbean Community other than Antigua and
Barbuda and which is listed in Schedule I;

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AND

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Interpretation of
references to
Citizenship, etc., in
relation to
Montserrat.

Indefinite entry of
Caribbean
Community skilled
persons.

Entry of Caribbean
Community skilled
persons for six
months.

2 The Caribbean Community Skilled No. 3 of 1997.
Nationals Act 1997.

"Secretary-General" means the Secretary-General of the
Caribbean Community.

3. Where the qualifying Caribbean Community state is
Montserrat -

(a) a passport showing the holder -

(i) to be a citizen of the United Kingdom and
Colonies or a British Dependent Territories
citizen; and

(ii) to have been born in Montserrat,

shall be deemed to be a passport issued by Montserrat;

(b) (i) a British Dependent Territories citizen or

(ii) a citizen of the United Kingdom and Colonies
who belongs to Montserrat under the law of
Montserrat shall be deemed to be a citizen of
a qualifying Caribbean Community state under
section 6.

4. (1) Notwithstanding the provisions of any other law, an
immigration officer shall, subject to section 14 and section 16,
permit aperson to whom this section applies toenter Antiguaand
Barbuda for a period of indefinite duration.

(2) This section applies to the holder of a passport issued by
a qualifying Caribbean Community state who was born in the
state issuing the passport or in another qualifying Caribbean
Community state and presents on enuy to Antigua and Barbuda
a certificate issued by the Government of Antigua and Barbuda
in the form in Schedule I1 certifying that the holder of the
passport is recognised by the Government of Antigua and
Barbuda as holding qualifications which satisfy the conditions
for recognition of Caribbean Community skills qualification.

5. (1) Notwithstanding the provisions of any other law, an
immigration officer shall, subject to section 14 and section 16,
permit aperson to whom this section applies to enter Antiguaand
Barbuda for a period of six months.

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(2) This section applies to the holder of a passport issued by
a qualifying Caribbean Community state who -

(a) was born in the state issuing the passport or in
another qualifying Caribbean Community state; and

(b) presents on entry to Antigua and Barbuda acertificate
issued by the Government of a qualifying Caribbean
Community state in that state's equivalent form to
the form in Schedule I1 certifying that the holder of
the passport is recognised by the Government of that
qualifying Caribbean Community state as holding
qualifications which satisfy the conditions for
recognition of Caribbean Community skills
qualification.

6. Any citizen of Antigua and Barbuda or of a qualifying Applicationforentry
Caribbean Community state may subject to section 14 apply to certificate.
the Minister for a certificate under Schedule I1 in such form, with
such supporting evidence and accompanied by the payment of
such fees, as may be prescribed by the Minister.

7. (1) The Minister shall subject to section 7 (2)and to section Minister to grant
14 grant a certificate under Schedule 11 to any applicant under z:i$&licants,
section 6 who satisfies the qualification requirements of this Act
and is -

(a) a citizen of Antigua and Barbuda; or

(b) acitizen of a qualifying Caribbean Community state
under section 6 who was born in a qualifying
Caribbean Community state.

(2) The Minister may refuse to issue a certificate under
Schedule I1 to a person who has been convicted of an offence
under section 16 or of a similar offence under the law of a
qualifying Caribbean Community state.

8. (I) An applicant under section 6 who holds any of the Functions of the
following qualifications or combinations of qualifications which Secretary-General.
satisfies the qualification requirements of this Act:

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AND Nationals Act 1997.

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(a) a degree of the University of the West Indies or of the
University of Guyana designated as a Bachelor's,
Master's or Doctor's degree;

(b) a degree of Doctorandus, Meester, Licentiatus or
Doctor of the University of Suriname;

(c) any University degree which is by common repute at
least comparable in academic standing with a
qualification in 8 (1) (a) to 8 (1) (b);

(d) any qualification or combination of qualifications
certified by the Secretary-General under section 9;

(e) any qualification or combination of qualifications in
a list -

(i) compiled from time to time by any authority
designated by the Minister by Order as an
accrediting authority for the purposes of this
section; and

(ii) prescribed by the Minister as a list of qualifi-
cations and combinations of qualifications
satisfying the qualification requirements of
this Act:

(f) a qualification or combination of qualifications
possessed by an applicant under section 6 which is
certified by any authority, designated by the Minister
by Order as an accrediting authority for the purposes
of this section, as satisfying the conditions for
recognition of Caribbean Community skills
qualification, whether or not any such qualification
or combination of qualifications is listed under

8 (1) (e);

(g) any qualification or combination of qualifications
prescribed under section 15 (1).

(2) For the purposes of 8 (1) 0, "authority" includes -

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(a) any institution or other body, whetherincorporated
or not, whether or not established under the authority
of the Government of Antigua and Barbuda or any
other Government of a qualifying Caribbean
Community state, whether or not established under
any written law, and whether or not situated in
Antigua and Barbuda;

(b) any person designated as holding an office in any
institution or other body in 8 (2) (a); and

(c) any public officer,

appearing to the Minister to have technical expertise in the
assessment of qualifications.

(3) The Minister shall make available any current list of
qualifications and combinations of qualifications under section
9 (1) (a) to any person on request, subject to the payment of -

(a) such fees; and

(b) such other conditions,

as may be prescribed by Regulations made under section 15 (2).

9. (1) A qualification or combination of qualifications is Qualifications for
certified by the Secretary-General for the purposes of section 8 certificate.
(1) td) -

(a) if it is currently listed in an official written
communication from the Secretary-General,
addressed at least to all the Governments of the
member states of the Caribbean Community listed in
Schedule I, purporting to provide a list of assessed
qualifications; or

(b) if it is held by an applicant under seclion 6 and
certified by the Secretary-General in relation to that

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AND Nationals Act 1997.

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applicant as an assessed qualification, whether or
not any such qualification or combination of
qual

ifi

cations is listed under 9 (1) (a).

(2) For the purposes of 9 (I), an assessed qualification is a
qualification which the Secretary-General has assessed, after
taking into account consultations with the University of the West
Indies, the University of Guyanaand the University of Suriname,
as at least equivalent in standard to any qualification in section
8 (1) (a) to 8 (1) (b).

(3) Any function of the Secretary-General under this section
may be discharged by a person authorised to do so in an official
written communication from the Secretary-General, addressed
at least to all the Governments of the member states of the
Caribbean Community listed in Schedule I.

(4) A communication is addressed to a Government within
the meaning of this section if it is addressed to -

(a) any Minister of that Government; or

(b) any public officer, designated by office, whose
responsibilities include functionsrelating to any one
ormore of Caribbean Community affairs, education,
immigration, labour or the public service.

certificate under
Schedule I1 and of
entry permission

10. (1) A person who holds a certificate under Schedule I1
shall, notwithstanding the provisions of any other law but subject

. .
to sections 14 and 16, not be subject to -

under section 5 (1).

(a) any resmction on freedom of movement, including
the freedom to leave and re-enter Antigua and
Barbuda without further permission; or

(b) any restriction on freedom to acquire property for
use as that person's residence; or

(c) any restriction on the right to engage in gainful
employment or other occupation; or

No. 3 of 1997. The Caribbean Community Skilled 7 ANTIGUA
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(d) any restriction on freedom to acquire property for
use in that person's business,

which would not apply if that person were a citizen of Antigua
and Barbuda.

(2) For the period of the duration of the permission under
section 5 (I), a person to whom section 5 applies shall,
notwithstanding the provisions of any other law but subject to
section 14 and section 16, not be subject to any restriction on
freedom of movement, including the freedom to leave and re-
enter Antigua and Barbuda without further permission, which
would not apply if that person were a citizen of Antigua and
Barbuda.

(3) The acquisition of property as an investment does not
amount under this section to the use of property for the purpose
of business unless the person acquiring that property is engaged
in the business of managing or dealing in investment property.

11. (1) The spouse and dependent members of the family of Spouses and
the holder of acertlficate under Schedule II shall, notwithstanding dependent family
the provisions of any other law but subject to section 14 and members.

section 16, not be subject to any restrictiori on freedom of
movement, including the freedom to leave and re-enter Antigua
and Barbuda without further permission, which would not apply
if that spouse or dependent family member were a citizen of
Antigua and Barbuda.

(2) For the periodof the duration of apermission under section
5 (I), the spouse and dependent members of the family of the
person to whom section 5 applies shall, notwithstanding the

.provisions of any other law but subject to section 14 and section
16, not be subject to any restriction on freedom of movement,
including the freedom to leave and re-enter Antigua and Barbuda
without further permission, which would not apply if that spouse
or dependent family member were a citizen of Antigua and
Barbuda.

12. Permission to enter under section 4 (1) or section 5 (I) and Revocability of
the rights conferred under section 10 and section 11 shall, permission under
notwithstanding the provisions of any other law but subject to this Act.

ANTIGUA
AND

BARBUDA

Saving for rights
and privileges of
holders of
qualifying
CARICOM
passports.

Reciprocity.

Regulations

8 The Caribbean Communiry Skilled No. 3 of 1997.
Nationals Act 1997.

section 14 and section 16, be irrevocable during the duration of
the permission except for cause and by procedure which would,
apart from this Act, render at least a member of some category
of citizens of Antigua and Barbuda liable to deportation,
extradition or other form of expulsion.

13. The rights and privileges conferred by this Act on a holder
of a passport issued by a qualifying Caribbean Community state
shall not derogate from any other rights and privileges of that
passport holder.

14. (1) In this section -

(a) references to this Act are references to the provisions
of this Act apart from this section;

(b) aqualifying Caribbean Community state's reciprocal
rights and privileges comprise the rights and
privileges conferred by the law of that state on the
holder of a passport issued by the Government of
Antigua and Barbuda who would, in relation to that
qualifying Caribbean Community state, satisfy
conditions analogous to those required under this
Act;

(c) a relevant passport holder is a holder of a passport
issued by a qualifying Caribbean Community state
who satisfies the conditions of this Act for any right
or privilege conferred by this Act.

(2) The rights and privileges conferred by this Act on a
relevant passport holder shall not exceed that state's reciprocal
rights and privileges.

(3) A qualifying Caribbean Community state's reciprocal
rights and privileges shall in the absence of proof to the contrary
be presumed to be the same as the rights and privileges which
would be conferred by this Act on a relevant passport holder.

15. (1) The Minister may by Order prescribe particular
qualifications or combinations of qualifications, additional to

No. 3 of 1997. The Caribbean Community Skilled 9 ANTIGUA
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those listed in section 8(1), as qualifications which satisfy the
qualification requirements of this Act.

(2) The Minister may makeRegulations generally for carrying
out the objects and purposes of this Act.

(3) Regulations made under 15(2) shall be subject to negative
resolution.

16. (1) A person commits an offence who, for the purpose of Offences.
procuring a certificate under Schedule 11, or for the purpose of
seeking permission under section 4(1) or section 5(1), makes any
statement which that person knows to be false in a material
particular or recklessly makes any statement which is false in a
material particular.

(2) Conviction of an offence under this section renders a
certificate under Schedule I1 liable to cancellation at the discretion
of the Minister.

(3) Where a certificate has been cancelled under 16 (2), any
person who uses the certificate, knowing that it has been
cancelled, commits an offence.

(4) Where a certificate under section 5 (2) (b) has been
cancelled by the Government of the qualifying Caribbean
Community state which issued the certificate, any person who
uses that certificate, knowing that it has been cancelled, commits
an offence.

(5) Conviction of an offence under this section renders a
permission under section 4 (1) or section 5 (1) revocable at the
discretion of the Minister.

(6) Conviction of an offence under this section disentitles the
person convicted from the right to the permission under section
4 (1) or section 5 (1).

17. A person who commits an offence under this Act is liable Penalties.
on summary conviction to a fine of ten thousand dollars and to
imprisonment for six months.

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SCHEDULE I (sections 2, 9)

QUALIFYING CARIBBEAN COMMUNITY STATES

(1) Antigua and Barbuda

(2) Barbados

(3) Belize

(4) Dominica

(5) Grenada

(6) Guyana

(7) Jamaica

(8) Montserrat

(9) St. Christopher and Nevis

(10) St. Lucia

(1 1) St. Vincent and the Grenadines

(12) Suriname

(13) Trinidad and Tobago

SCHEDULE II (Sections 4, 5,6,7, lo, 11, 16)

FORM OF CERTIFICATE

CARIBBEAN COMMUNITY SKILLED NATIONALS ACT 1997

CERTIFICATE OF RECOGNITION OF CARIBBEAN COMMUNITY
SKILLS QUALIFICATION

WHEREAS .. .. ... . ..... .. ...... .. ... ....... has a to the Minister responsible for labour
m the Government of Antigua and Barbuda for a Certificate of Recognition of
Caribbean Community Skills Qualification, in reliance on the qualifications set out
klow, and has satisfied the Minister that the conditions laid down in the Caribbean
Community Skilled Nationals Act 1997 for the grant of acertificate of Recognition
of Caribbean Community Skills Qualification have been fulfilled:

No. 3 of 1997. The Caribbean Community Skilled 1 1 ANTIGUA
Nationals Act 1997. AND

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NOW, THEREFORE, the Minister, in exercise of the powers conferred upon
him by the Act, grants to ............................... this Certificate of Recognition of
Caribbean Community Skills Qualification.

In Witness whereof I have hereto subscribed my name this .......................... day
.................................... ............ of 19

..................................................................
Minister responsible for labour

{Address of Minister)

PARTICULARS RELATING TO APPLICANT

Photograph

Full name ....................................................
Address.. ......................................................

................................ Occupation/Profession.
Qualifications. ..............................................

............................................... Place of birth
................................................ Date of birth

Nationality. ..................................................
Marital Status ..............................................

Passed the House of Representatives this Passed the Senate this 17th day
20th day of January, 1997. of February, 1997.

B. Harris,
Speaker.

M. Percival,
President.

S. Walker, S. Walker,
Clerk to the House of Representatives. Clerk to the Senate.

Pnnted at the Government Pnnting Office, Antigua and Barbuda,
by Rupert Charity, Government Printer

- By Authority, 1997.
800-4.97 [ Price$4.70 1
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