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Friday, 25 May 2012 02:30
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By caribarena news
Antigua St John's - National Security Minister Dr Errol Cort has clarified the Antiguan citizenship requirements for OECS and other nationals, as such matters still seem to require a microscopic eye from the administration to clarify and simplify the process.
A new immigration bill and closer integration of the relevant departments are expected to yield solutions.
Speaking during his regular appearance on Observer Radio's "Voice of the People," Dr Cort said the constitution provides for people interested in becoming citizens, as does the Antigua and Barbuda citizenship act, which applies to non-Commonwealth citizens.
According to the constitution, Dr Cort said applicants must not have any “gaps” in the seven-year time-line mandated for their application to be effective.
The question of the interpretation of this section of the constitution has long been a subject of debate with some suggesting that short trips out of the island should not be considered a gap, including those that are the fault of the immigration department.
“Uninterrupted residency… that has created some challenges, and we have quite a number of applications at the passport office that cannot be approved because those applications have what is called gaps,” the immigration minister said.
The gaps he referred to were where someone who failed to renew either work or residence permits, immediately upon expiration would be in default and would have to start over.
“So anyone who would have applied for citizenship and would have had such gap or gaps would not qualify under the provisions of the constitutions of Antigua and Barbuda. And that is where a challenge arises for a number of applicants," the minister said.
Dr Cort said the Passport Office had started to write the disqualified individuals, but ignorance on the matter made the letters irrelevant, since these people would still find themselves at the national security office seeking clarification on why they did not qualify.
Re-application would be dependent on whether the disqualified people had kept their status in check since filing the application for nationality.
In order to simplify the process, Dr Cort said both departments are working together to see how best to provide the relevant information that still seems to elude the masses so that they could understand the status of their applications.
“I am aware that there are quite a number of applicants who have not heard anything because of those gaps,” Dr Cort said. He said information would soon be communicated to these people, who in some cases would have applied between 2006 and 2008, informing them that there is a problem and how they could rectify it.
Those who apply for citizenship under the Citizenship Act seem to have more flexibility, as the Act provides for gaps as wide as six months without affecting their statuses.
According to the Constitution – Section 114 c (ii) - any person who, being a Commonwealth citizen, is domiciled in Antigua and Barbuda and has for a period of not less than seven years immediately preceding his application been lawfully ordinarily resident in Antigua and Barbuda (whether or not that period commenced before November 1, 1981).
The minister said the matter is a tricky one, but the law and the constitution are in place.
These matters will be discussed in the new immigration bill that the government plans to table soon.
19 Comments In This Article
DOCTOR IN THE HOUSE ; BUT WHO'S HOUSE
OUTOFANTIGUA
This man is an idiot
Antiguan
RE: Dr Cort Clarifies Citizenship Rules
HC
IS THE DOCTOR A SLEEPER?
OUTOFANTIGUA
Challenge
Mr Sabruski
@Concern Antiguan(What ru concerned about?)
Antiguan woman
@Concern Antiguan(What ru concerned about?)
Antiguan woman
RE: Dr Cort Clarifies Citizenship Rules
Reality
RE: Dr Cort Clarifies Citizenship Rules
our way of life, our existence.
Concern Antiguan
Cool Ruler - its the passport office /Government who making trouble
Quote:. Let me also suggest you read the prior jan 20, 2012 article on this issue:
Quote:..
tenman
Reply to Gaps
Judge Dredd
Gaps
puzzled
RE: Dr Cort Clarifies Citizenship Rules
Are you suggesting that if a person comes into the country and never bothered to have their immigration status regularized, remained out of status, whenever they try attempt to get regularized the time they spent out of status should not be treated as a gap, as they were not legally in the country? When they now try to apply for citizenship, should that gap not be used to determine if they were legally residing in the country for seven unbroken years? I think that is the issue and not if they leave on vacation for a few days while they have legal status to be in the country.
Quote:
Cool Ruler
Dessalines
..
tenman
@ Tenman
Dessalines
Cort confusing the issue
Prior to 2009, the Immigratiion Department/Pass port Office were not following the letter of the law and were allowing persons to pay up and still get citizenship. For example, a person may have lived here for 10 years but not had time for 5 years. Under the law that person should not have been eligible for citizenship. But they were allowing it. And here in lies the problem.
Judge Dredd
yt
..
tenman
NO SPEEKEE EENGLEESH.
yt
the current policy lacks commonsense
..
tenman
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