IMMIGRATION (AMENDMENT) REGULATIONS 2013 Arrangement of Paragraphs PARAGRAPH
1. 2. 3. 4. 5. 6.
Citation and commencement Interpretation Amendments of paragraph 3 Deletion and substitution of paragraph 6 Insertion of paragraphs 7, 8 and 9 Amendments of Schedule 8
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IMMIGRATION (AMENDMENT) REGULATIONS 2013 (Legal Notice 44 of 2013) MADE by the Acting Governor under section 78 of the Immigration Ordinance.
Citation and commencement 1. These Regulations may be cited as the Immigration (Amendment) Regulations 2013 and shall come into operation on 15th October 2013, and unless otherwise revoked or extended, shall continue in force for two years from the date of commencement.
Interpretation 2. In these Regulations “principal Regulations” means the Immigration Regulations.
Amendments of paragraph 3 3. (1) Part A of Schedule 2 to the principal Regulations (application for Permanent Residence Certificate) is amended— (a) in paragraph 3(1)(a), by deleting “(d)” and substituting “(f)”; (b) in paragraph 3(2),— (i)
by deleting “or” at the end of paragraph (c);
(ii) by deleting the full stop at the end of paragraph (d) and substituting “;”; (iii) by inserting after paragraph (d) the following paragraph— “(e) having been given an undertaking by the Governor pursuant to paragraph 7, he has invested— (i)
not less than $300,000 in the actual construction of a new home or the renovation of a distressed property as a home for himself and his dependents in the islands of Grand Turk, Salt Cay, South Caicos, Middle Caicos or North Caicos; or
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(ii) not less than $1 million, in the actual construction of a new home or the renovation of a distressed property as a home for himself and his dependents in any of the islands, other than the islands of Grand Turk, Salt Cay, South Caicos, Middle Caicos or North Caicos; and does not seek to engage in any gainful occupation without a work permit; or (f) having been given an undertaking by the Governor pursuant to paragraph 7, he has invested— (i)
not less than $750,000 in cash in a business or enterprise in the islands of Grand Turk, Salt Cay, South Caicos, Middle Caicos of North Caicos, which business or enterprise generates employment for persons in the Islands of which not less than 60% of its employees are non work permit holders (or such lesser number as the Governor may determine in a particular case); or
(ii) not less than $1,500,000 in cash in a business or enterprise in any of the islands other than the islands of Grand Turk, Salt Cay, South Caicos, Middle Caicos or North Caicos, which business or enterprise generates employment for persons in the Islands of which not less than 60% of its employees are non work permit holders (or such lesser number as the Governor may determine in a particular case); and does not seek to engage in any gainful occupation other than in such business or enterprise.
Deletion and substitution of paragraph 6 4. Part A of Schedule 2 of the principal Regulations is amended by deleting paragraph 6 and substituting the following— “6. (1) A Permanent Residence Certificate granted to an applicant by virtue of the applicant meeting the requirement in paragraphs 3(2)(a)(iv) and 3(2)(e), shall be endorsed by the Governor with the condition that the
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applicant shall not engage in any gainful occupation without a permit issued under section 25 of the Ordinance. (2) A Permanent Residence Certificate granted to an application by virtue of the applicant meeting the requirement in paragraph 3(2)(f) shall be endorsed by the Governor with an authorization to engage in gainful occupation in the business or enterprise which is the basis of his application only. (3) Any other Permanent Residence Certificates shall be endorsed by the Governor with an authorization to engage in gainful occupation without any limitation or restrictions.”.
Insertion of paragraphs 7, 8 and 9 5. Par A of Schedule 2 to the principal Regulations is amended by inserting after paragraph 6 the following paragraphs— “7. (1) A person wishing to invest in accordance with paragraph 3(2)(e) or (f) may apply in writing to the Governor for an undertaking in writing that on production of satisfactory evidence that investment was so made before the expiry date of the undertaking, the Governor would, on payment of the prescribed fee, grant the person a Permanent Residency Certificate with or without the right to engage in gainful occupation. (2) The Governor in Cabinet undertaking to the applicant.
may grant
the
(3) For the purpose of sub-paragraph (1), satisfactory evidence— (a) in the case of applications made under paragraph 3(2)(e), shall include (but shall not be limited to) a certificate of occupancy issued under the Physical Planning Ordinance and a certificate from a Quantity Surveyor licensed to practice in the Islands, that the value of the construction of the completed dwelling house meets the minimum investment threshold); and (b) in the case of applications made under paragraph 3(2)(f), shall include (but shall not be limited to) audited financial statements of the business or enterprise and a certificate form the Commissioner of Labour confirming the details of the employment of
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non work permit holders that have been generated as a result of the investment. 8. The Governor shall establish a quota that would restrict the number of Permanent Residence Certificates granted under paragraph 3(2)(e) or (f) and such quota shall be published in the Gazette: Provided that not more than a total of 200 Permanent Residency Certificates may be issued within the first 12 months after the coming into force of these Regulations. 9.
In this Schedule—
“distressed property” means any real property (not including private residence) which the owner intends to convert to a home for himself and his dependents that is substantially incomplete or is damaged or in a poor physical condition, the renovations of which require an investment of not less than the sum specified in paragraph 3(2)(e)(i) and (ii) as the case might be; or any other real property as the Governor may designate as distressed.”.
Amendments of Schedule 8 6. Schedule 8 (fees) of the principal Regulations is amended— (a) in paragraph substituting—
2(2),
by deleting
“(c)”
and
“(c) a fee of $25,000 shall be payable for a Permanent Residence Certificate granted by virtue of the applicant meeting the requirement in paragraph 3(2)(e) or (f) of Schedule 2 of which $1,500 shall be a non-refundable administrative fee;”; (b) by inserting following—
after
paragraph
2(2)(c),
the
“(d) where a Permanent Residence Certificate is endorsed under section 16, of the Ordinance, an additional fee of $200 in respect of each person to whom the certificate is endorsed as applying shall be payable;”. MADE this 24th day of September 2013.
ANYA WILLIAMS ACTING GOVERNOR
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EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations create two new categories for the grant of Permanent Residence Certificate based on investment.
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