Immigration (Caribbean Community Skilled Nationals)
Current Authorised Pages
Pages Authorised

(inclusive) by L.R.O.
1–15 ..

L.R.O.

Act
26 of 1996

Amended by
6 of 2001
18 of 2003
2 of 2005

LAWS OF TRINIDAD AND TOBAGO

IMMIGRATION (CARIBBEAN
COMMUNITY SKILLED NATIONALS) ACT

CHAPTER 18:03

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Note on Subsidiary Legislation

This Chapter contains no subsidiary legislation.

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Chap. 18:03 Skilled Nationals)

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Immigration (Caribbean Community
Skilled Nationals) Chap. 18:03 3

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CHAPTER 18:03

IMMIGRATION (CARIBBEAN
COMMUNITY SKILLED NATIONALS) ACT

ARRANGEMENT OF SECTIONS
SECTION

1. Short title.

2. Definitions.

3. Entry of Caribbean Community skilled persons for indefinite duration.

4. Entry of Caribbean Community skilled persons for six months.

4A. Residual power of the Minister responsible for immigration.

5. Irrevocability of permission.

6. Application for a Ministerial certificate.

7. Minister to grant certificate to qualified applicants.

8. Qualifications for certificate.

9. Functions of the Secretary-General.

9A. Qualification requirements deemed to have been satisfied.

10. Spouses and dependent family members.

10A. Entry of spouse and dependents.

11. Saving of rights and privileges of CARICOM nationals.

12. (Repealed by Act No. 2 of 2005).

13. Regulations.

14. Order to amend Schedules.

15. Offences.

16. Penalties.

SCHEDULE I.
SCHEDULE II.

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26 of 1996.

Commencement.
[163/2001].

Short title.

Definitions.
[6 of 2001
2 of 2005].
Schedule II.

Ch. 18:01.

CHAPTER 18:03

IMMIGRATION (CARIBBEAN
COMMUNITY SKILLED NATIONALS) ACT

An Act to remove the restrictions on entry into Trinidad and
Tobago of skilled nationals of qualifying Caribbean
Community countries.

[10TH AUGUST 2001]

1. This Act may be cited as the Immigration (Caribbean
Community Skilled Nationals) Act.

2. (1) In this Act —
“certificate” means the certificate set out in Schedule II;
“dependent member of the family” in relation to a person means—

(a) a child or step-child under the age of eighteen years;
(b) a child over the age of eighteen years and wholly

dependent on that person for his subsistence;
(c) a parent and a grandparent wholly dependent

on that person for their subsistence;
“immigration officer” means an immigration officer under the

Immigration Act;
“infectious or dangerous infectious disease” has the meaning

assigned to it in the Immigration Act;
“Minister” means the Minister to whom responsibility for

Caribbean Community affairs is assigned;
“national” means a person who—

(a) is a citizen of a qualifying Caribbean
Community State; or

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

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“qualifying Caribbean Community State” means a Member State
of the Caribbean Community other than Trinidad and
Tobago which is listed in Schedule I.

(2) 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,
is, without prejudice to the requirements of
sections 3(2) and 4(2), deemed to be a passport
issued by Montserrat;

(b) a citizen of the United Kingdom and Colonies
or a British Dependent Territories citizen who
belongs to Montserrat for the purpose of the law
of Montserrat shall be deemed to be a national
of a qualifying Caribbean Community State for
the purposes of section 6.

3. (1) Notwithstanding any other written law, an immigration
officer shall, subject to sections 4A, 7 and 15(5), permit a person to
whom this section applies to enter Trinidad and Tobago for a period
of indefinite duration except where he is—

(a) the subject of a deportation order issued against
him under any written law; or

(b) afflicted with any infectious or dangerous
infectious disease.

(2) This section applies to a national who presents on
entry to Trinidad and Tobago, a passport issued by a qualifying
Caribbean Community State, or any other State together with a
certificate issued by the Government of Trinidad and Tobago in
the form set out in Schedule II, certifying that the national is
recognised by the Government of Trinidad and Tobago as holding
qualifications which satisfy the conditions for recognition of
Caribbean Community skills qualification.

Schedule I.

Entry of
Caribbean
Community
skilled persons
for indefinite
duration.
[6 of 2001
18 of 2003
2 of 2005].

Schedule II.

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Entry of
Caribbean
Community
skilled persons
for six months.
[6 of 2001
18 of 2003
2 of 2005].

Schedule II.

(3) For the period of the permission under section 3(1),
a person to whom this section applies shall not be subject to—

(a) any restriction on freedom of movement,
including the freedom to leave and re-enter
Trinidad and Tobago 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 occupation in accordance with
the certificate issued under subsection 3(2); or

(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 Trinidad
and Tobago.

4. (1) Notwithstanding any other written law, an
immigration officer shall, subject to sections 4A and 15(5),
permit a person to whom this section applies, to enter Trinidad
and Tobago for a period of six months except where he is—

(a) the subject of a deportation order issued against
him under any written law;

(b) afflicted with any infectious or dangerous
infectious disease.

(2) This section applies to a national who presents on entry
to Trinidad and Tobago, a passport issued by a qualifying Caribbean
Community State, or any other State together with a certificate
issued by the Government of a qualifying Caribbean Community
State in a form which is of a nature equivalent to the form prescribed
in Schedule II, certifying that the national 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.

(3) For the period of the duration of the permission
under section 4(1), a person to whom this section applies shall
not be subject to any restriction on freedom of movement,
including the freedom to leave and re-enter Trinidad and Tobago
without further permission, which would not apply if that person
were a citizen of Trinidad and Tobago.

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Schedule II.

Residual power
of the Minister
responsible for
immigration.
[6 of 2001].

Irrevocability of
permission.
[6 of 2001
2 of 2005].

Ch. 18:01.

Application for
a Ministerial
certificate.
[2 of 2005].

Schedule II.

Minister to
grant certificate
to qualified
applicants.
Schedule II.
[2 of 2005].

(4) Subject to section 7, a person to whom this section
applies may apply to an immigration officer for permission to
remain in Trinidad and Tobago for a period of indefinite duration
if he is granted a certificate in accordance with Schedule II,
issued by the Minister.

4A. Notwithstanding sections 3 and 4, the Minister with
responsibility for immigration may, on the basis of information
received by him, prohibit the entry into Trinidad and Tobago
under this Act, of any person whose presence, in his opinion
would be prejudicial to national security.

5. (1) Subject to subsections (2) and (3) and sections 4A
and 15, permission to enter Trinidad and Tobago and the rights
granted and privileges conferred under this Act shall,
notwithstanding any other written law, be irrevocable.

(2) The Minister to whom responsibility for immigration
is assigned, may revoke any permission granted to a person under
this Act, where that person is the subject of an order made against
him for his extradition, deportation or other form of surrender.

(3) Where a person to whom section 3 or 4 applies
commits an offence which if committed in Trinidad and Tobago
would be punishable with imprisonment for one year or more,
the Minister to whom responsibility for immigration is assigned
may revoke any permission granted to the person under this Act
and make a deportation order against that person under the
Immigration Act.

6. Any national—
(a) of Trinidad and Tobago; or
(b) of a qualifying Caribbean Community State,

may apply to the Minister for a certificate in the form set out in
Schedule II, 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 subsection (2) and
section 12 grant a certificate set out in Schedule II to any applicant
who satisfies the qualification requirements of this Act and is—

(a) a citizen of Trinidad and Tobago; or



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Qualifications
for certificate.

(b) a national of a qualifying Caribbean Community
State.

(2) The Minister may refuse to issue a certificate to a
person who has been convicted of an offence under section 15 or
of a similar offence under the law of a qualifying Caribbean
Community State.

8. (1) The following qualifications satisfy the qualification
requirements of this Act:

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

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

(c) any University degree which is recommended
by the University of the West Indies to be at
least comparable in academic standing with a
qualification in 8(1)(a) to 8(1)(b); or

(d) a certificate from the Secretary-General of the
Caribbean Community attesting that university
level qualifications possessed by the applicant
satisfy the conditions for recognition of
Caribbean Community Skills Qualification, such
certification to be issued on the recommendation
of the University of the West Indies; or

(e) a certificate from any authority, designated by
the Minister by Order as an accrediting
authority for the purposes of this section,
attesting that university level qualifications
possessed by the applicant satisfy the conditions
for recognition of Caribbean Community Skills
Qualification, such certificate to be issued on
the recommendation of the University of the
West Indies; or

(f) any qualification or combination of
qualifications in a list—

(i) compiled from time to time by any
authority designated by the Minister by

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Immigration (Caribbean Community
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Functions of the
Secretary-
General.

Order as an accrediting authority for the
purposes of this section, on the
recommendation of the University of the
West Indies; and

(ii) prescribed by the Minister by Order, on
the recommendation of the University of
the West Indies, as a list of qualifications
and combinations of qualifications
satisfying the qualification requirements
of this Act.

(2) For the purposes of subsection (1)(d),
“authority” includes—

(a) any institution or other body whether or not—
(i) incorporated;

(ii) established under the authority of the
Government of Trinidad and Tobago or of
any other qualifying Caribbean
Community State;

(iii) established under any written law;
(iv) situated in Trinidad and Tobago;

(b) any person designated as holding an office in any
institution or other body in paragraph (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 this
section and 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 13.

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

(a) if it is currently listed in an official, written
communication from the Secretary-General,

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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 section 6 and
certified by the Secretary-General in relation to
that applicant as an assessed qualification,
whether or not any such qualification or
combination of qualifications is listed under
section 9(1)(a).

(2) For the purposes of section 9(1), an assessed
qualification is a qualification which the Secretary-General has
assessed, on the recommendation of the University of the West
Indies, 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 functions relating to any one
or more of Caribbean Community affairs,
education, immigration, labour or the public service.

9A. Notwithstanding sections 8 and 9, an applicant who is a
national of a qualifying Caribbean Community State and
possesses any qualification or experience or combination of
qualification and experience that to the satisfaction of the
Minister proves that the applicant is—

(a) an artiste;
(b) a musician;
(c) a sports person; or
(d) a media worker,

is deemed to have satisfied the qualification requirements of
this Act.

Schedule I.

Schedule I.

Qualification
requirements
deemed to have
been satisfied.
[18 of 2003
2 of 2005].

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10. (1) For the period of the duration of a permission under
section 3(1), the spouse and dependent members of the family
of a person to whom section 3 applies shall, notwithstanding
the provisions of any other law but subject to section 15, not be
subject to any restriction on freedom of movement, including the
freedom to leave and re-enter Trinidad and Tobago without further
permission, which would not apply if that spouse or dependent
family member were a citizen of Trinidad and Tobago.

(2) For the period of the duration of a permission
under section 4(1), the spouse and dependent members of the
family of the person to whom section 4 applies shall,
notwithstanding the provisions of any law but subject to
section 15, not be subject to any restriction on freedom of
movement, including the freedom to leave and re-enter Trinidad
and Tobago without further permission, which would not apply
if that spouse or dependent family member were a citizen of
Trinidad and Tobago.

10A. (1) Notwithstanding any other written law but subject to
section 4A and this section, an immigration officer shall permit the
spouse and every dependent member of the family of —

(a) a person to whom section 3 applies, to enter
Trinidad and Tobago for a period of indefinite
duration; or

(b) a person to whom section 4 applies, to enter
Trinidad and Tobago for a period of six months.

(2) Where a deportation order has been issued against a
spouse or a dependent member referred to in subsection (1) or
that person is afflicted with an infectious or a dangerous
infectious disease, the immigration officer shall not permit that
person to enter Trinidad and Tobago.

11. The rights and privileges conferred by the Act on a
national of a qualifying Caribbean Community State shall not
derogate from any other rights and privileges of that national.

12. (Repealed by Act No. 2 of 2005).

13. The Minister may, subject to affirmative resolution of
Parliament, make Regulations generally for carrying out the

Spouses and
dependent
family
members.
[6 of 2001
2 of 2005].

Entry of spouse
and dependents.
[18 of 2003
2 of 2005].

Saving of rights
and privileges
of CARICOM
nationals.
[2 of 2005].

Regulations.

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provisions of this Act and in particular may prescribe
qualifications additional to those listed in section 8(1) which
satisfy the requirements of this Act.

14. The Minister may by Order amend the Schedules subject
to affirmative resolution of Parliament.

15. (1) A person who for the purpose of procuring a
certificate under Schedule II, or for the purpose of seeking
permission under section 3(1) or 4(1)—

(a) makes any statement which that person knows
to be false in a material particular; or

(b) recklessly makes any statement which is false in
a material particular,

is guilty of an offence.

(2) The Minister may cancel a certificate set out in
Schedule II where the holder of the certificate is convicted of an
offence under this section.

(3) Where a person seeks to derive a benefit by the use
of a certificate which has been cancelled by the Minister or by the
Government of a qualifying Caribbean Community State,
knowing that it has been cancelled, he is guilty of an offence.

(4) The Minister to whom responsibility for
immigration is assigned may revoke the permission of a person
granted under section 3(1) or 4(1) where that person is convicted
of an offence under this section.

(5) An immigration officer shall not permit a person to
enter or remain in Trinidad and Tobago where that person has
been convicted of an offence under this section.

16. Any person guilty of an offence under this Act is liable
on summary conviction to a fine of five thousand dollars and to
imprisonment for six months.

Order to amend
Schedules.

Offences.

Schedule II.

Schedule II.

Penalties.

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Chap. 18:03 Skilled Nationals)

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UNOFFICIAL VERSION


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[Sections 2(1),
9(1)(a), (3)].
[18 of 2003].

SCHEDULE I

QUALIFYING CARIBBEAN COMMUNITY STATES

1. Antigua and Barbuda.

2. Barbados.

3. Belize.

4. Dominica.

5. Grenada.

6. Guyana.

7. Haiti.

8. Jamaica.

9. Montserrat.

10. St. Christopher and Nevis.

11. St. Lucia.

12. St. Vincent and the Grenadines.

13. Suriname.

14. Trinidad and Tobago.

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(The Minister responsible for
Caribbean Community Affairs)

SCHEDULE II

FORM OF CERTIFICATE

Immigration
(Caribbean Community Skilled Nationals) Act

CERTIFICATE OF RECOGNITION OF
CARIBBEAN COMMUNITY SKILLS QUALIFICATION

WHEREAS ............................................................................................................

has applied to the Minister responsible for Caribbean Community affairs in the
Government of Trinidad and Tobago for a Certificate of Recognition of Caribbean
Community Skills Qualification, in reliance on the qualifications set out below,
and has satisfied the Minister that the conditions laid down in the Immigration
(Caribbean Community Skilled Nationals) Act, for the grant of a Certificate of
Recognition of Caribbean Community Skills Qualification have been fulfilled:

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

IN WITNESS WHEREOF I have hereto subscribed my name this

................................. day of .............................................., 20 ........

................................................................

(Address of Minister)

[Sections 3(2),
4(2), 4(4), 6,
7(1), 10(1),
15(1)(2)].

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Immigration (Caribbean Community
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PHOTOGRAPH

Full Name

Address

Occupation/Profession

Qualifications

Place of Birth

Date of Birth

Passport Number

Nationality

Marital Status

PARTICULARS RELATING TO APPLICANT

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