CARIBBEAN COMMUNITY (FREE MOVEMENT
OF SKILLED PERSONS)

THE CARIBBEAN COMMUNITY (FREE MOVE-
MENT OF SKILLED PERSONS) ACT

ARRANGEMENT OF SECTIONS

Short title.

Interpretation.

Indefinite entry of Caribbean skilled persons, etc.

Provisional entry of ~aribbean skilled persons and dependants.

Prohibited Caribbean skilled persons.

Application for qualifjmg certificate.

Minister to grant certificate to qualified applicants.

Effects of entry permission.

Revocability of permission.

Offences and penalties.

Regulations.

[Deleted by Act 37 of 2004.1

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CARIBBEAN COMMUNITY (FREE MOVEMENT
OF SKILLED PERSONS)

THE CARIBBEAN COMMUNITY (FREE MOVE- ~ c t s
MENT OF SKILLED PERSONS) ACT

18 of 1997,
37 of 2004

S. 29.

[15th July, 1997.1

1. This Act may be cited as the Caribbean Community Shorttitle.
(Free Movement of Skilled Persons) Act.

2 . 4 1 ) In this Act- Interpreta- tion.
"Caribbean Community" means. the Caribbean Com- 37 of 2004

munity established by Article 2 of the Revised Treaty S. 29.

of Chaguaramas signed in the Bahamas on the 5th day . .
of July, 2001 and includes the CAREOM Single
Market and Economy;

"Caribbean skilled person" means any national who is
recognized by the Minister as being a member or
employee of a recognized organization or is the
holder of a qualification or performs an occupation
specifiedrin the First Schedule. First

Schedule.

"dependant" in relation to a national means-

(a) the spouse of that national;

(b) any unmarried child or step-child under the age
of eighteen years of that national; and

(c) any unmarried child under the age of eighteen
years adopted by that national in a manner
recognized by law;

"immigration officer" means any immigration officer 370004
appointed by the Governor-General under the Aliens S. 29.

Act;

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CARIBBEAN COMMUNITY (FREE MOVEMENT
OF SKlLLED PERSONS)

3712004 "Member State" means a Member State of the Caribbean
S. 29. Community excluding an Associate Member within the

meaning of Article 231 of the Revised Treaty of
Chaguaramas;

3712004 "national" means a person who-
S. 29.

(a) is a citizen of a Member State; or

(b) has connection with a Member State of a lund
which entitles that person to be regarded as
belonging to or, if it be so expressed, as being a
native or resident of such a Member State for
the purposes of the laws thereof relating to
immigration;

"property" includes real and personal property;

"qualifymg certificate" means a certificate of recognition of
Caribbean Community skills issued by the Minister

Third responsible for labour in the form specified in the Third
Schedule. Schedule;

"recognized organization" means an organization declared by
the Minister to be a recognized organization for the
purposes of this Act by order published in the
Gazette;

"spouse" includes-

(a) a single woman who has lived and cohabited
with a single man as if she were in law his
wife for a period of not less than five years
immediately preceding the date of the
application under this Act;

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CARIBBEAN COMMUGTY (FXEE MOVEMENT
OF SKILLED PERSONS)

(6) a single man who has lived and cohabited with
a single woman as if he were in law her
husband for a period of not less than five years
immediately preceding the date of the
application under this Act.

(2) For the purposes of this Act, where the qualifjmg
Caribbean Community state is Montserrat, a valid passport or
other form of identification approved by the Minister showing
the holder-

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

(6) to have been born in Montserrat,

shall be deemed to be issued in Montserrat.

3.-41) Notwithstanding the provisions of any other law, Indefinite
entry of an immigration officer shall, subject to section 5, permit a ,,

national to whom this section applies and any dependant of skilled
persons etc. such national to enter and remain in Jamaica for an indefinite 37/20&

period. s. 29.

(2) This section applies to a national who-

(a) holds a valid passport issued to him by a Member 37now
State or other form of identification approved by the s.29.
Minister;

(b) seeks to enter the Island for the purpose of engaging in
or finding gainful employment with an employer or as
a self-employed person; and

(c) presents to the immigration officer on entry into the
Island a qualifying certificate certifjmg that he is
recognized by the Minister as a Caribbean skilled
person.

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6

Provisional,
entry of
Caribbean
skilled persons
and depen-
dants.
3712004
S. 29.

3712004
S. 29.

Prohibited
Caribbean
skilled
persons.

CAMBBEAN COMMUNITY (FREE MOVEMENT
OF SKlLLED PERSONS)

4 . 4 1 ) Notwithstanding the provisions of any other law, an
immigration officer shall, subject to section 5, permit a national
to whom this section applies and any dependant of such national
to enter and remain in the Island for a period not exceeding six
months.

(2) This section applies to a national who-

(a) holds a valid passport issued to him by a Member
State or other form of identification approved by the
Minister;

(b) seeks to enter the Island for the purpose of engaging in
or finding gainful employment with an employer or as
a self-employed person; and

(c) presents to the immigration officer on entry into the
Island a certificate issued by the competent Minister
of a Member State certifying that the holder of the
passport is recognized by the Government of that
Member State as being a Caribbean skilled person.

5 . 4 1 ) Subject to subsection (21, an immigration officer
shall not permit a Caribbean skilled person or any dependant
of such person to land in the Island if that person-

(a) is likely, if he enters the Island, to become a charge on
public funds;

(b) is a person of unsound mind or a mentally defective
person;

(c) is, on the basis of available information com-
municated to the Minister, suffering from a com-

: municable disease which makes his entry into the
Island dangerous;

(d) . is, from information or advice, which in the opinion of
the Minister is reliable information or advice, deemed

. by the ~ in is te r ' to be an undesirable inhabitant of, or
visitor to,the Island; and

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CARIBBEAN COUMUNTY (FREE MOVEMENT
OF SKILLED PERSONS)

(e) is a subject of a deportation order in force under the
Deportation (Commonwealth Citizens) Act.

(2) Notwithstanding subsection (I), the Minister may
exempt any Caribbean skilled person from the provisions of
paragraphs (a) to (e) of subsection (1).

6.--(I) A person who satisfies the requirements for re- Application
for qualify- cognition as a Caribbean skilled person may apply to the ingMrtifi-

Minister for a qualifying certificate. cate.

(2) An application under this section shall be in such
form and be accompanied by such fee as the Minister may, by
order, prescribe.

7.-41) Subject to subsection (2), the Minister shall grant a Minister
to grant qualifying certificate to every applicant who satisfies the ce,ificate

requirements for recognition as a Caribbean skilled person. to qualified
applicants.

(2) The Minister may refuse to issue a qualifying
certificate to a person referred to in section 5 and to any person
who has been convicted of an offence against section 11 or a
similar offence under the laws of a Member State.

8. Notwithstanding the provisions of any other Act a
Caribbean skilled person and every dependant of such person
who are permitted to enter the Island under this Act shall not be

3712004
S. 29.
Effects of
entry
permission. ,

subject to any restriction on-

(a) freedom of movement, including the freedom to leave
and re-enter Jamaica without further permission;

(b.) the freedom to acquire property for use as the resi-
dence or business of such persons; or

(c) the right to engage in gainful employment or other
occupation,

which would not apply if those persons were nationals of
Jamaica.

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CARIBBEAN COMMUVITY (FREE MOVEMENT
OF SKlLLED PERSONS)

Revoca-
bility of
permission.

offences
and ~enal-
ties.

9. Notwithstanding the provisions of any other law,
permission granted under this Act to a Caribbean skilled
person to enter the Island and the rights conferred on that
person under section 8 shall not be revocable except for
cause and by procedure which would, apart fiom this Act,
render a national of Jamaica liable to deportation, extradition or
other form of expulsion from the Member State of which the
Caribbean skilled person is a national.

10.-41) A person commits an offence if-

(a) for the purpose of procuring a qualifying certificate or
for the purpose of seeking permission under this Act
to enter the Island, he-

(i) makes any statement, for himself or any other
person, knowing such statement to be false in a
material particular; or

(ii) recklessly makes any statement which is false in
a material particular;

(b) uses a certificate issued by the competent Minister of a
Member State knowing that it has been cancelled by
the Government of that state;

(c) uses a qualifymg certificate knowing that it has been
cancelled by the Minister.

(2) Conviction of an offence under this section
shall-

(a) render a qualifymg certificate liable to cancellation
at the discretion of the Minister;

(b) render a permission granted under this Act revocable
at the discretion of the Minister; and

(c) disentitle any person so convicted of the right to any
permission under this Act.

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CARIBBEAN COMMWITY (FREE MOVEMENT
OF SIULLED PERSONS)

(3) Any person who commits an offence under this Act
shall be liable on summary conviction before a Resident
Magistrate to a fine not exceeding five hundred thousand
dollars or to imprisonment for a term not exceeding six
months or to both such fine and imprisonment.

11.-41) The Minister may make regulations generally Regulations.
for giving effect to the provisions of this Act and without
prejudice to the generality of the foregoing may make
regulations-

regulating the issue, amendment, revocation or
replacement of qualifylng certificates and for the
payment of fees by the person applying therefor;

providing for the establishment and maintenance of a
register of persons to whom or in respect of whom
qualifylng certificates have been issued, amended,
revoked or replaced;

providing for the issue to any person who is exempt
from any of the provisions of this Act a certificate
stating the nature of the exemption;

(6) with respect to the surrender or cancellation of any
First and

qualifying certificate issued by the Minister; Third
Schedules.
3712004

(e) amending the First and Third Schedules; S. 29. .

V) prescribing the forms to be used for the purposes of
this Act;

(g) prescribing any other matter or thing required to be
prescribed under this Act.

(2) Regulations made under this section shall be subject
to negative resolution.

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CARIBBEAN COMMUNITY (FREE MOVEMENT
OF SKILLED PERSONS)

12. [Deleted by Act 37/2004, S. 291

FIRST SCHEDULE (Sections 2,4, 8 and 11)

Qualzjications and Occupations Required for the Issue of a
QualzBing Certificate

-
1. A degree of the University of the West Indies or the University of

Guyana designated as a Bachelor's, Master's or Doctor's degree.

2. A degree of Doctorandus, Meester, Licentiatus or Doctor of the
University of Suriname.

3. Any qualification or combination of qualifications specified in a list-

(a) compiled from time to time by the University Council of Jamaica
for purposes of this Act; and

(b) prescribed by the Minister by order published in the Gazette
as a list of qualifications and combinations of qualifications
satisfying the qualification requirements of this Act.

4. Any qualification or combination of qualifications possessed by an
applicant which is certified by the University Council of Jamaica as
satisfying the conditions for recognition of Caribbean Community skills
qualification, whether or not any such qualification or combination of
qualifications is prescribed under paragraph 3.

3712004 5. Persons certified by the competent authority of a Member State as
S. 29- representing that state in sports.

6. Musicians, artistes and media workers certified as such by the
3712004 competent authority of the Member State of which such persons are
S. 29. nationals.

SECOND SCHEDULE [Deleted by Act 37/2004, S. 29.1

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CARIBBEAN COMMUNITY (FREE MOVEMENT
OF SKLLLED PERSONS)

THIRD SCHEDULE (Sections 2,4, and 11)

JAMAICA

THE CARIBBEAN COMMUNITY (FREE MOVEMENT OF SKILLED PERSONS) ACT
Certifcate of Recognition of Caribbean Community Skills

WHEREAS ......................................................... has applied to
the Minister for a Certificate of Recognition of Caribbean Community
Skills, in reliance on the requirements set out in the Schedule, and has
satisfied the Minister that the conditions laid down in the Caribbean
Community (Free Movement of Skilled Persons) Act for the grant of
a Certificate of Recognition of Caribbean Community Skills have been
fulfilled:

NOW, THEREFORE, I, .............................................. the Minister,
in exercise of the power conferred upon me by the said Act, hereby

grant to the said ..................................................... this Certificate
of Recognition of Caribbean Community Skills.

Particulars Relating to Applicant

PHOTOGRAPWS

(of national and

each dependant)

FULL NAME:
ADDRESS:
PLACE OF BIRTH:
DATE OF BIRTH:
NATIONALITY:
PASSPORT NO.:
MARITAL STATUS:
OCCUPATION:
QUALIFICATION:

NAMES AND AGES OF ACCOM-
PANYING DEPENDANTS:
PASSPORT NO. OF DEPEN-
DANTS:

In witness whereof I hereto subscribe my name this day of

, 19 .
Minister responsible for labour.

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