Chapter 14:03 - Aliens (Immigration and Registration)

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L.R.O. 1/2012
LAWS OF GUYANA
ALIENS (IMMIGRATION AND REGISTRATION) ACT
CHAPTER 14:03
Act
37 of 1947
Amended by
13 of 1961 0.80/ 1980 1980 2 of 1969 4 of 1972 6 of 1997








(inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
1 – 14 ... 1/2012
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2 Cap. 14:03 Aliens (Immigration and Registration)
Note
on
Subsidiary Legislation
Page
Aliens (Registration) (Exemption) Order 13
(O. in C. 36/1948)
Aliens (Immigration and Registration) (Exemption) Order 13
(O. 47/1961)
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CHAPTER 14:03
ALIENS (IMMIGRATION AND REGISTRATION) ACT
ARRANGEMENT OF SECTIONS
SECTION
2. Interpretation.
3. Registration.
4. Entry of aliens.
5. Duty of aliens to register.
6. Registration.
7. Change of residence.
8. Conditions and Restrictions relating to certificates of registration.
9. Offences.
10. Power of Minister to vary Schedule.
11. Power to exempt aliens from the provisions of the Act.
12. When Act does not apply.
__________________________ 1953 Ed.
c. 101 _______________________________________________________
37 of 1947 An Act to regulate entry of Aliens into Guyana to make
provision for the registration of Aliens and for
purposes connected with the matters aforesaid.
[31st December, 1947]

Interpretation.
[2 of 1969
O. 80/80]
c. 1:01
1. This Act may be cited as the Aliens (Immigration
and Registration) Act.
2. (1) In this Act—
“alien” has the meaning assigned to it in article 232 of
the Constitution;
and perform the powers, functions and duties of a
the police force authorised under section 3(4) to exercise
the Deputy Chief Registration Officer, and any officer of
“registration officer” includes the Chief Registration Officer,
1. Short title.
Short title.
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Registration
officers.

registration officer;
“residence” means ordinary dwelling-place, and where an
alien has more than one dwelling-place, each of such
dwelling-places; and “resident” and “resides” shall have
corresponding meanings.
(2) For the purposes of this Act any alien who—
(a) crosses a land frontier of Guyana; or
(b) arrives in Guyana by sea or air and
disembarks in Guyana; or
(c) arrives in Guyana by sea or air with
the intention of disembarking in
Guyana, shall be deemed to have
entered Guyana.
3. (1) The Commissioner of Police shall be the Chief
Registration Officer for the purposes of this Act.
(2) The Minister may, from time to time, designate
a public officer to be a Deputy Chief Registration Officer, and
such officer shall have and may exercise all the powers,
functions and duties vested in the Chief Registration Officer
under this Act.
(3) The Minister may, for the purposes of this Act,
designate public officers to be registration officers for Guyana
or any specified part thereof.
(4) The Chief Registration Officer may, by writing
under his hand, authorise any officer of the police force,
subject to such directions as he may give to him from time to
time, to exercise and perform in a specified part of Guyana,
and any such authorised officer shall have and may exercise
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Entry of aliens
into Guyana.
[13 of 1961]
and perform subject to such directions, all the powers,
functions and duties of a registration officer; and the Chief
Registration Officer may at any time, by writing under his
hand, cancel such authorisation.
(5) Every appointment or authorisation under this
section shall be published in the Gazette.
(6) Every registration officer shall have, and may
exercise and perform, all the powers, functions and duties of a
member of the police force.
4. (1) The Minister may in his absolute discretion
prohibit the entry of any alien into Guyana.
(2) Subject to this Act, no alien shall enter Guyana
except with the leave of an immigration officer and such leave
shall not be given where the Minister has prohibited the entry
therein of the alien.
(3) An immigration officer, acting in accordance
with general or special directions given by the Minister, may
attach such conditions as he may think fit to the grant of leave
to an alien to enter Guyana, and the Chief Registration Officer
acting in accordance with special directions given by the
Minister may at any time vary such conditions in such
manner as he thinks fit and the alien shall comply with the
conditions so attached or varied.
(4) An immigration officer may, as a condition of
granting him leave to enter Guyana, require an alien to give
the security prescribed in pursuance of section 37 of the
Immigration Act and the Chief Registration Officer may
require an alien, as a condition of granting a variation of a
condition attached to the leave to enter, to give the prescribed
security.
(5) An alien who fails to comply with any
condition attached to the grant of leave to enter Guyana or
imposed by way of variation of any condition so attached, or
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Duty of aliens
to register.

Registration.
an alien who is found in Guyana at any time after the
expiration of the period limited by any such condition, shall
be deemed to be an alien who entered Guyana without the
leave of an immigration officer.
(6) Every person who is a registration officer for
the purposes of this Act shall, for the purposes of this section, be an immigration officer for Guyana or for a specified part
thereof, as the case may be.
(7) Nothing in this section shall be construed as
affecting the operation of the Expulsion of Undesirables Act,
or of any Act for the time being in force relating to
immigration.
5. (1) Subject to and save as otherwise provided in this
Act, every alien in Guyana shall register with a registration
officer under this Act as an alien.
(2) Where an alien who has attained the age of
sixteen years enters Guyana, such alien shall register under
this Act within three days, or such further time as may be
allowed by a registration officer, after such alien enters
Guyana; and where an alien while in Guyana attains the
age of sixteen years, such alien shall register under this Act
within fourteen days, or such further time as may be
allowed by a registration officer, after such alien attains the
age of sixteen years.
6. (1) Every alien who is required under this Act to
register as an alien shall, within the time limited by section
5(2)—
(a) attend at the office of the registration
officer for the place in which the alien
has his residence, and at the office of
any registration officer where the
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Schedule.
alien has no residence in Guyana; and
(b) furnish to the registration officer
particulars as to the matters set out in
the Schedule; and
(c) produce to the registration officer a
passport containing a photograph of
himself or some other document
establishing to the satisfaction of the
registration officer the identity and
nationality of the alien; or
(d) explain why he has no passport or
other document as aforesaid, and
establish to the satisfaction of the
registration officer his identity and
nationality; and
(e) furnish all particulars concerning his
family and himself that the
registration officer may require; and
(f) if required by the registration officer
so to do, furnish a recent photograph
of himself and submit to his finger-
prints being taken.
(2) Where an alien complies with subsection (1) to
the satisfaction of the registering officer, the registering officer
shall issue to the alien a certificate of registration.
(3) A certificate of registration under subsection (2)
shall be in the form from time to time approved by the Chief
Registration Officer, and shall contain such particulars and
marks together with any finger- prints, as may be deemed by
the registration officer to be necessary for the purpose of
identification.

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Change of
Residence.
(4) Where the Chief Registration Officer considers
that the fingerprints of an alien to whom a certificate of
registration is issued under this Act should be taken or taken
again, he shall require the alien to produce to him his
certificate of registration and to submit to his finger-prints
being taken or taken again, and the finger-prints so taken
shall be included in the certificate of registration.
(5) Every identification certificate issued to an
alien under the Defence (Aliens) Regulations, 1941, (which
Regulations are published in the Gazette of the 25th day of
June, 1941, at page 1171) and in force at the commencement of
this Act shall have effect as if it were, and shall be deemed to
be, a certificate of registration issued under this Act, and the
alien to whom any such identification certificate relates shall
be deemed to be registered under this Act.
(6) Any such identification certificate shall be
produced by the alien to the Chief Registration Officer
whenever he is required by the said officer so to do, and the
Chief Registration Officer shall issue to the alien, in place of
the identification certificate, a certificate of registration
under this Act:
Provided that before the issue of such certificate of
registration the Chief Registration Officer may, if he thinks fit,
require the alien to submit to his finger-prints being taken.
7. (1) Where an alien who has attained the age
of sixteen years proposes to change his place of residence he shall—
(a) Inform the registration officer of the
place in which he has his residence, of
his intention to change the place of his
residence;
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Conditions and
restrictions
relating to
certificates of
registration.
(b) state the date of the proposed change;
and
(c) state the address at which he
proposes to reside after such
change.
(2) Where an alien who has attained the age of
sixteen years changes his place of residence he shall, within
three days after such change, report the change and produce
his certificate of registration as an alien, at the office of the
registration officer of the place in which he has his place of
residence as aforesaid, and if required so to do by such
registration officer, he shall report in person to such
registration officer.
8. (1) Every alien to whom a certificate of registration
is issued, or is deemed to be issued, under section 6 shall at all
times, if required so to do, produce the certificate to any
registration officer or to any member of the police force; and if
an alien fails so to produce such certificate he may be
detained pending the making of inquiries concerning him,
and, while so detained, he shall be deemed to be in legal
custody.
(2) No person to whom a certificate of registration
is issued or is deemed to be issued, under section 6 shall lend,
transfer, assign, or part with the possession of, such certificate
to any other person.
(3) Where a person has in his possession a
certificate of registration which appears to be a certificate
issued, or deemed to be issued, under section 6, he shall
answer all questions put to him by a registration officer or a
member of the police force for the purpose of establishing his
identity with the person named in the certificate, and shall, if
required by a registration officer or member of the police
force so to do, submit to his finger-prints being taken for that
purpose.
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Offences.
[6 of 1997]
9. Any person who—
(a) being an alien prohibited from entry
into Guyana, enters Guyana; or
(b) an alien, enters Guyana except with
the leave of an immigration officer; or
of sixteen years is not registered
under this Act; or
(d) being an alien, fails to comply with
any of the provisions of section 6 (4)
or (6);
(e) without lawful authority or excuse,
alters any certificate of registration
issued, or deemed to be issued, under
section 6; or
(f) without lawful authority or excuse,
has in his possession any altered
certificate of registration issued, or
(g) fails to comply with any of the
provisions of section 7; or
(h) contravenes or fails to comply
with any of the provisions of section
8; or
(c) being an alien who has attained the age
deemed to be issued under section 6,
or any forged certificate of regis-
tration purporting to be issued, or to
have been deemed to be issued, under
section 6; or
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Power of
Minister to
vary
Schedule.
Power to
exempt aliens
from the
provisions of
this Act.

When Act
does not apply.
[2 of 1969
4 of 1972]
(i) aids, assists or procures an alien to
commit an offence under paragraphs
(a) or (b); or
(j) assaults, resists, obstructs, or hinders
any registration officer or
immigration officer or member of the
police force in the execution of his
duty under this Act,
shall be liable on summary conviction to a fine of thirty-
two thousand five hundred dollars and to imprisonment for
six months.
10. The Minister may at any time from time to time,
by order published in the Gazette, revoke, vary or add to the
Schedule, or substitute a new Schedule therefore.
11. The Minister may by order exempt, from all or any
of the provisions of this Act, any alien, or any class of aliens,
and such exemption may be general or subject to such
conditions, restrictions, limitations or exceptions as are
specified in the order.
12. This Act shall not apply to the following aliens:
(a) persons not resident in Guyana who
are officers, or members of the crew,
of a ship and who do not land in
Guyana for discharge;
(b) persons in the service of the
Government of Guyana or the
Government of any Commonwealth
territory;
(c) members of the staff of the
mission in Guyana of a foreign
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s. 6 (1)(b)
s. 10
sovereign Power, consular officers
and consular employees in Guyana
of a foreign sovereign Power, and
members of their families forming
part of their households;
(d) such classes of persons specified by
order of the Minister for the purpose
of giving effect to any agreement
between Guyana and any other
country;
(e) the wife, and any child who has not
attained the age of sixteen years, of
any person referred to in any of
the preceding paragraphs of this
subsection.
__________________
SCHEDULE
(Particulars to be supplied where application is made for
registration of an alien.)
1. Name in full and sex.
2. (a) Present nationality and how and when acquired.
(b) Previous nationality (if such be the case).
3. Date, and country, of birth.
4. Profession or occupation.
5. Date, place, and mode of arrival in Guyana.
6. Address of place of residence in Guyana.
7. Address of last place of residence out of Guyana.
8. Particulars of passport or other document
establishing nationality and identity.
_____________
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SUBSIDIARY LEGISLATION
_________________
O. in C.
36/1948
ALIENS (REGISTRATION) (EXEMPTION)
ORDER
made under section 11
Citation. 1. This order may be cited as the Aliens (Registration)
(Exemption) Order.
Exemptions from
section 5(2).
O. 47/1961
Citation.
2. The provisions of section 5(2) of the Aliens Act,
which require an alien who enters Guyana to register under
the said Act, shall apply to –
(a) any alien who is a citizen of the United
States of America and who intends to
remain in Guyana for a period not
exceeding three months from the date of the
his entry into Guyana; and
(b) any alien who crosses a land frontier of
Guyana and who intends to remain in
Guyana for a period not exceeding 14 days
from his entry into Guyana.
_____________________
ALIENS (IMMIGRATION AND REGISTRATION)
(EXEMPTION) ORDER
made under section 11
1. This Order may be cited as the Aliens
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[Subsidiary] Aliens (Immigration and Registration) (Exemption) Order
L.R.O. 1/2012

Exemption from
Act.
(Immigration and Registration) (Exemption) Order.
2. The governors, executive directors, alternates,
officers and employees of the International Bank for
Reconstruction and Development shall be exempt from all
the provisions of the Aliens (Immigration and Registration)
Act.
_________________________
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