Three weeks to share your views on changes to Status Ordinance

BY DELANA ISLES

A short consultation period has been announced for Islanders, residents and BOTC holders to weigh in on changes to the Status Ordinance which will determine the ‘who, how and why’ a person is granted Islander status.

The changes to the Turks and Caicos Islander Status Ordinance are proposals for the treatment of dependents of persons granted Islander status; the treatment of dependents of persons with Islander status by descent; for DNA testing of all applicants and for the introduction of the evaluation criteria for Islander status through Grant.

These are the areas upon which the target audience is invited to share their views between June 5 and 23.

The government said the changes will ensure that the Ordinance is amended to capture loopholes that were realised and to make sure that there is a modern, transparent, and fair process in place that has a predefined protocol for the treatment of applications.

The Ordinance establishes a Turks and Caicos Islander Status Commission with the responsibility of reviewing applications for the grant of Islander Status, otherwise than by marriage, and for making recommendations to the Governor for the grant of such status.

In reviewing such applications, the Commission must consider whether an applicant meets any prescribed criteria, as may be set by the Governor, as guidelines for the evaluation of the degree to which an applicant’s personal and professional attributes prove valuable to the TCI.

The government says this approach will clearly outline the needs and requirements of the Islands for persons seeking to obtain permanent status as Turks and Caicos Islander.

They also emphasised that similar point and merit-based systems are currently being used by several countries throughout the region and the wider world to regulate and coordinate the composition and growth of their populations to meet and satisfy the economic and immigration needs and goals of their nations.

Regarding the issue of dependants and their transition to becoming a Turks and Caicos Islander, government outlines that there are gaps in the Ordinance that do not speak to dependents of persons granted Islander status, and children (whether dependant or older) of persons who received their Islander Status by descent where the existing provisions in the Ordinance do not qualify their child to acquire Islander status.

Currently, the dependent child of a person granted status by marriage does not automatically get the status of his or her parent but instead must apply separately to the Commission for the same status as the parent.

There is no provision for the dependent child of a parent who was granted otherwise than by marriage. So, the intention is to find a pathway for these children that falls into any of the categories.

The government sees the benefits of the proposed amendments to the Ordinance as being able to identify and attract persons who have contributed and continue to contribute to the TCI, and a more efficient, transparent, and objective evaluation process that is aligned with the Ordinance.

The changes will also ensure better compliance with guidelines and reduce the scope for abuse.

Purpose Of Survey

According to the government, the three-week survey is for them to glean the public’s views on the qualities and values that are most beneficial to the long-term development and growth of the population, regarding those who should be granted Islander status.

The government also wants your views on whether DNA test submission should be a prerequisite for status application.

Likewise, the treatment of dependent children being granted Islander status, that is, what the process should be for them.

The proposed change to the

Ordinance also looks at the treatment of children (whether dependent or older) of persons with Islander Status by descent. Namely, how would the generational child of an Islander transition to status if he or she falls outside the threshold of what the Ordinance currently provides.

“These are children or persons who would not fall within the current provisions of persons born outside the Island, that is their parent being Turks and Caicos Islander, but having no connection to a parent or grandparent born in the Islands, or not qualifying through the settlement provision as they have been living outside the Islands beyond what it provided for the settlement provision.

“The question is if they return to the Islands what legal status, either Islander status or immigration status can be provided for these children?”

The government acknowledges that while the TCI’s borders are open for Turks and Caicos Islanders in the diaspora to return home, in the absence of legal status for their children to stay in the Islands, they need to address what can be done for these children.

“It is pointed out that some of these children may be dependents who cannot be left in the diaspora while their parent returns home, and they are older children (18 years and over) who can also be considered.”

The proposal is that these children be given Immigration status through a resident permit of ten years, but subject to them acquiring DNA tests to prove the link to their TCI parent.

The draft Regulations will be online and accessible through the link provided https://turks-my.sharepoint. com/:b:/g/personal/jaastwood_ gov_tc/Eewde656inpCsn94I19JwkB369OEXtmvm

HJoaulh3YAXQ?e=muwyKf

The consultation paper and the draft Regulations will be printed and distributed at the District Commissioners’ offices on the Family Islands and at the Grand Turk and Providenciales Ministry of Home Affairs offices for persons without online access.

Written submissions can be sent to tcistatusconsultation@gov.tc

For those without email access, a hard copy in a sealed envelope addressed to the ‘TCI Status Consultation’ can be dropped off at the District Commissioners’ offices or to the Ministry of Home Affairs Offices on Providenciales or Grand Turk.

The survey will be strictly online.