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Immigration and Passport (Amendment) (No 2) Act 2002

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No. 15 of 2002. The Immigration and Passport 1 ANTIGUA
(Amendment) (No. 2) Act, 2002. AND


[ L.S. ]

I Assent,

James B. Carlisle,


No. 15 of 2002

AN ACT to amend the Immigration and Passport Act.

[ 27th December, 2002 ]

ENACTED by the Parliament of Antigua and Barbuda as follows:

1. This Act may be cited as the Immigration and Passport Short title.
(Amendment) (No. 2) Act, 2002.

2. Section 2 of the Immigration and Passport Act, in this Act Amendment of
referred to as the principal Act, is amended - section 2 of Cap.


(a) by the deletion of the definition "dependant" and
the substitution of the following -

"dependant" in relation to another person, means
any of the following -

(i) the spouse of that person, so long as
the spouse is not living apart from that
person under a decree or deed of sepa-

ANTIGUA 2 The Immigration and Passport
AND (Amendment) (No. 2) Act, 2002.


No. 15 of 2002.

(ii) the child or step-child under the age of
eighteen years, of that person;

(iii) a legally adopted child under the age of
eighteen (18) years."; and

(b) by the insertion of the following definitions -

"temporary residence ce


cate" means a temporary
residence certificate issued by the Minister under
section 17E;

"temporary resident" means a person who holds a
temporary residence ce


cate issued under this Act.

Amendment o f 3. Section '7 (1) of the principal Act is amended -
section 7 .

(a) by the deletion of paragraphs (b) and (c) and the
substitution of the following -

"(b) a person who is a permanent resident or
a temporary resident or a dependant of
that person;

(c) a person in the service of the Govern-
ment of Antigua and Barbuda or a de-
pendant of that person".

(b) by the insertion, immediately after paragraph (b), of
the following paragraph-

"(c) a person who holds a permit to enter or
to remain in Antigua and Barbuda so
long as that person complies with the
conditions or restrictions relating to his
permit9'; and

(c) by renumbering paragraphs (c), (d) and (e) as para-
graphs (d), (e) and fi, respectively.

Addition o f 4. The principal Act is amended by the addition, immediately
sections 1 7 C ~ after section 17B, of the following sections-
1719, 17E, and

No. 15 of 2002. The Immigration and Passport 3 ANTIGUA
(Amendment) (No. 2) Act, 2002. AND


"Persons quali- 17C. (1) A person who is not a prohibited
fied for of immigrant or otherwise disqualified from en-
resident. tering Antigua and Barbuda may be granted a

temporary residence permit if, on an applica-
tion for the permit in the prescribed form and
upon payment of the prescribed fee, the Min-
ister is satisfied that -

(a) he is eighteen years of age or over;

(b) he is, immediately before the date
of the application, resident, and
has been resident for three years
or more, in Antigua and Barbuda.

(2) The Minister shall, upon being satisfied
of the matters referred to in subsection (1) and
acting on the advice of Cabinet, register the
applicant and, on payment of the prescribed
fee by the applicant, issue him with a tempo-
rary residence certificate in the prescribed form.

(3) Subject to subsection (2), in calculating
the period of residence in Antigua and Barbuda
for the purposes of paragraph (b) of subsec-
tion (I), a period of absence from Antigua and
Barbuda -

(a) for less than six months in any one

(b) for the purpose of education as
certified by the Chief Education
Officer; or

(c) for reasons of health as certified
by the Chef Medical Off~cer,

shall be treated as residence in Antigua
and Barbuda.

(4) In calculating the period of residence in
Antigua and Barbuda for the purposes of para-

ANTIGUA 4 The Immigration and Passport No. 15 of 2002.
AND (Amendment) (No. 2) Act, 2002.


graph (b) of subsection (I), account shall not
be taken -

(a) of any period during which a per-
son was not lawfully resident in
Antigua and Barbuda; or

(b) of any period spent as an inmate
in prison or as a person detained
in lawful custody in any place,
other than a mental institution,
under the provisions of any en-
actment in force in Antigua and

(5) A temporary residence ceficate is valid
for twenty-four months and may be renewed
on application in the prescribed form to the
Minister upon payment of the prescribed fee.

NO exemption 17D. A permanent resident certificate or a
from other temporary residence certificate issued under
requirements. this Act shall not, in itself, be construed as

exempting the holder or a dependant from any
obligation to hold a licence, permit or other
authorisation required for engaging in gainful

Residence status 17E. (1) A dependant of a person who holds
of dependants. an entry permit, a permanent resident certifi-

cate or a temporary residence certificate and
whose name appears on the permit or certifi-
cate may, by virtue of the permit or certificate,
enter and remain in Antigua and Barbuda dur-
ing the period of validity of the permit or cer-
tificate so long as he remains a dependant.

(2) A copy of a permit or certificate referred
to in subsection (1), authenticated by the Chief
Imrmgration Officer, shall be sufficient author-
ity for a dependant whose name appears on it
to enter and remain in Antigua and Barbuda,
so long as the holder of the permit or certifi-
cate remains resident in Antigua and Barbuda.

No. 15 of 2002. The Immigration and Passport 5 ANTIGUA
(Amendment) (No. 2) Act, 2002 AND


Validation of 17F. A temporary resident certificate issued
past before the commencement of this Act shall be
certificates. considered to have been validly issued as if it

had been issued under this Act."

Passed the House of Representatives Passed the Senate this 5th day of
this 22nd day of October, 2002. November, 2002.

B. Harris,

M. Percival,

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

Printed at the Government Printing Office, Antigua and Barbuda
by Donovan Southwell, Government Printer

-By Authority, 2002.
800-12.02 [ Price $2.601