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TORTOLA Premier Natalio Wheatley said the British Virgin Islands must begin a dialogue in earnest on what is in the best interest of the Virgin Islands, beginning with the granting of residency status for the purpose of belongership.

Wheatleys comments came during a radio address Monday night, where he noted that the topic of immigration reform is one of the most sensitive issues that the territory must address.

Like most other countries, he said, the BVI government has an immigration policy in place to select persons living and working in the territory and participating in community life that residency can be granted to.

However, residency for belongership is a privilege, not a right, Wheatley said. It is important to make this clear. And because residency for this purpose is a privilege and not a right, the government has developed arrangements by which to determine who has earned that privilege.

The premier said that residency for belongership is not automatically granted based on the duration of time one is in the territory, and the number of years spent on the island cannot be the sole determining factor in granting belongership.

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, he noted. Residency and belongership are privileges that must be earned.

Wheatley said that over the years, the BVI government has instituted various arrangements to determine who has earned the privilege of residency for belongership. He said that more than 20 years ago, the existing eligibility criteria contained in the Immigration and Passport Act was put in place in the House of Assembly, which at the time was referred to as the Legislative Council. This law, he said, permits persons to apply for residency for belongership as early as 10 years of living in the territory.

A subsequent government who saw the amended law as open-ended, convoluted and unsustainable because it would change the social fabric and political landscape of the Virgin Islands, adopted a policy in Cabinet in 2004, that doubled the duration to 20 years before an application for residency for belongership could be made, and limited the number of persons who could be approved annually for residence to 25, Wheatley said, adding that its legality was questioned in 2013 by the Complaints Commissioner due to its inconsistency with the law.

The policys contradiction of the law was also captured in the annual report of the International Ombudsman Institute 2012-13. This problem was also picked up during the Commission of Inquiry, he said referring to the more than 900-page report released by the Commission of Inquiry to Gov. John Rankin following a 15-month probe into widespread fraud in the BVI government.

The COI was requested by Rankins predecessor August Jaspert. Since its release, the report has been driving change in the British territory.

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 said.

In the report, COI Commissioner Sir Gary Hickenbottom said in relation to belongership applications that the Board is allowed to play its full role, and the Cabinet follows the Boards recommendation in most cases.

However, evidence was presented to the COI that shows that the Cabinet has been and is prepared to exercise its discretion in a legally arbitrary way and, if necessary, in a manner which is inconsistent with the statutory criteria for these important statuses.

On the evidence, it seems quite clear that at least 224 applicants for belongership were granted that status outside the framework of the law in 2011, he said.

Hickenbottom recommended a review of processes for granting residency and belongership status, and in particular the open discretion currently held by Cabinet to make grants. He added that any such powers should only be maintained where necessary; and, where any such powers are maintained, then they should be subject to clearly expressed and published guidance.

Wheatley said in his Mondays radio address that currently there is an immigration law that allows for applicants to apply for residency for the purpose of belongership after 10 years, and sets no set limit on how many applications can be approved per year.

He said there also has been a policy in place for some time that is inconsistent with that law, as it doubles the time required to begin application for residency for belongership and severely limits the number of approvals per year.

Both the existing law and longstanding policy are not fit for purpose and have been the cause of much confusion, Wheatley said. The answer has always been to further amend the Immigration and Passport Act, as opposed to the various fixes that have been tried.

Wheatley pointed out that 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.

Previous governments have failed to amend the law or change policy as was previously recommended, but the Government of National Unity will do so in a manner that is clear, fair, and socially and economically sustainable, he said. However, we are not going to make any legislative amendments without consulting the public. This is why we must begin a structured dialogue to find the best way forward. We will be announcing public meetings very soon.

Read more here:
Wheatley to tackle immigration reform in BVI - Virgin Islands Daily News