CARIBBEAN COMMUNITY (FREE MOVEMENT OF SKILLED PERSONS) ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Indefinite entry of Caribbean skilled persons, etc

   4   Provisional entry of Caribbean skilled persons and dependants

   5   Prohibited Caribbean skilled persons

   6   Application for qualifying certificate

   7   Minister to grant certificate to qualified applicants

   8   Effects of entry permission

   9   Revocability of permission

   10   Offences and penalties

   11   Regulations

   12   Reciprocity

      SCHEDULES

 

THE CARIBBEAN COMMUNITY (FREE MOVEMENT OF SKILLED PERSONS) ACT

[Date of Commencement: 16th July, 1997]

Acts
18 of 1997,
37 of 2004.

1   Short title

   This Act may be cited as the Caribbean Community (Free Movement of Skilled Persons) Act, 1997.

2   Interpretation

   (1) In this Act-

   "Caribbean Community" means the Caribbean Community established by Article 2 of the Revised Treaty of Chaguaramas signed in the Bahamas on the 5th day of July, 2001 and includes the CARICOM Single Market and Economy;

[37/2004 s 29.]

   "Caribbean skilled person" means any national who is recognised by the Minister as being a member of employee of a recognised organisation or is the holder of a qualification or performs an occupation specified in the 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 recognised by law;

   "immigration officer" means any immigration officer appointed by the Governor-General under the Aliens Act;

   "national" means a person who-

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

   (b)   has connection with a Member State of a kind which entitles that person to be regarded as belonging to or, it 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; or

   (c)   is a company or other legal entity constituted in a Member State in accordance with the laws thereof and which that Member State regards as belonging to it, provided that such company or other legal entity-

         (i)   has been formed for gainful purposes and has its registered office and central administration, and carries on substantial activity, within the Caribbean Community; and

         (ii)   is substantially owned and effectively controlled by in paragraphs (a) and (b);

[37/2004 s 29.]

   "property" includes real and personal property;

   "qualifying Caribbean Community state" . . .

[37/2004 s 29.]

   "qualifying certificate" means a certificate of recognition of Caribbean Community skills issued by the Minister responsible for labour in the form specified in the Third Schedule;

   "recognised organisation" means an organisation declared by the Minister to be a recognised organisation 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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   (b)    a single man who has lived and cohabited with a single woman as if she 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 qualifying 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 Dependant Territories citizen; and

   (b)    to have been born in Montserrat,

shall be deemed to be issued in Montserrat.

3   Indefinite entry of Caribbean skilled persons, etc

   (1) Notwithstanding the provisions of any other law, an immigration officer shall, subject to sections 5 and 12, permit a national to whom this section applies and any dependant of such national to enter and remain in Jamaica for and indefinite period.

   (2) This section applies to a national who-

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