Residency for the purpose of belonging is a privilege and not a right.
Those are the sentiments of Premier Dr the Honourable Natalio Wheatly who recently addressed the territory on the issue of immigration reform.
Over the years, he said, there have been various arrangements adopted in the territory to determine eligibility for residency for belongership.
According to the Immigration and Passport Act which was enacted over 20 years ago by the House of Assembly, known as the Legislative Council at the time, persons can apply for belongership status after 10 years of living in the territory.
Citing concerns on the law being unsustainable, a subsequent government in 2004 adopted a policy to double the duration of time required for applications and limited the number of persons approved annually to 25.
Premier Wheatley said since then, several international bodies have flagged immigration reform as a necessary venture for the BVI, citing concerns for the legality of the policy being observed as opposed to the law which remains on the books.
“The legality of that policy was questioned in a report by the Complaints Commissioner as early as 2013, due to its inconsistency with the law. The policy’s contradiction of the law was also captured in the annual report of the International Ombudsman Institute 2012/13. This problem was also picked up on during the Commission of Inquiry. The Commission of Inquiry report recommended a review of the existing residency policy and processes for granting residency and belongership status, including the open discretion by Cabinet to grant such statuses, and the length of residence required for belongership, among other things”, he stated.
Time spent not enough
The Premier agrees that much like in other countries, residency status in the Virgin Islands is open to people who have integrated themselves into the society.
He believes that the legislation currently in place suggests that the only consideration to be made is the period of time they have been there – a poor representation of the true requirements in his opinion.
“Both the existing law and longstanding policy are not fit for purpose and have been the cause of much confusion. The answer has always been to further amend the Immigration and Passport Act, as opposed to the various fixes that have been tried,” he said.
“However, as I said earlier, residency for the purpose of obtaining belongership is a privilege and not a right. It is not automatically given after a decade in the Territory. So, while applications for residency for such a purpose can be submitted as early as 10 years under the law, there is a process that must be followed to consider whether applicants have earned the privilege of being granted residency,” Wheatley explained.
The premier further explained that in addition to the factors that would be specific to each applicant, immigration authorities must also consider the socioeconomic impact of granting new residencies.
He says this process must be done in a sustainable manner.
“Patriotism, a sound knowledge and history of the Virgin Islands and your social and civic contributions to the society are all very important things, among other factors. Residency and belongership are privileges that must be earned. In addition, there is a socio-economic dimension that must be considered when granting residency for belongership in terms of what the society can reasonably accommodate and sustain over time”, Dr. Wheatley expressed.
The Premier asserted that the issue of immigration reform will be addressed by the Government of National Unity, “in a manner that is clear and fair, and in a manner that is socially and economically sustainable.”