Antigua and Barbuda

Partly Cloudy
82°F
High: 82°F
Low: 77°F
 

Dr Cort Clarifies Citizenship Rules

Dr Cort Clarifies Citizenship RulesAntigua 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.

Hits: 2607

19 Comments In This Article   

HEADER   

DOCTOR IN THE HOUSE ; BUT WHO'S HOUSE

#19 OUTOFANTIGUA » 2012-05-27 14:22

HAS ANTIGUA BECOME THE HOUSE OF CORT? WHAT CATEGORY IS DESERVING OF THE X#$? DOCTOR IS IT GD--BD--OR THE UGLY.come on Bloggers show us the good BENEFITS TO A/B BY THIS POWER HUNGRY MAN.WELL I SEARCH & SEARCH BUT I CANT FIND(NADA) AMAZING FOR ONE WEARING SO MANY HATS, ALL OF WHICH HAS THE POTENTIALTO MAKE OR BRAKE EVERY POLICY TO LIVE BY. (NATIONAL SECURITY+ LABOUR=IMIGRATI ON+CONTROLL OF POLICE AND MILITARY AND ALL ITS ARMORY.ALL BY HIMSELF. WHO GAVE HIM ALL THIS POWER OVER EVERYONE IN THE COUNTRY,. ALSO THE PRISON WITH ALL THOSE BAD MEN AT HIS MERCY.AND HE'S UNTOUCABLE EVEN TO THE PM. ALL THIS AFTER A RESOUNDING REJECTION BY HIS CONSTITUENTS.SO ME WHERE THERE'S A SAYING BY U R DEEDS U SHALL BE KNOWN ????? $$ # % OF MORE $$$$.
2
0
+
−

OUTOFANTIGUA

This man is an idiot

#18 Antiguan » 2012-05-26 21:40

People in Antigua and Barbuda are you reading this madness , this is just bad mind and vindictiveness to our brothers and sister in the Caribbean, suppose they went for a family funeral or a vacation or a wedding, when they come back they have to start all over again ?? Dr Cort wake up, why you want to treat people that way ,would you like people to treat our friends and family that way?? What an idiot.
3
0
+
−

Antiguan

RE: Dr Cort Clarifies Citizenship Rules

#17 HC » 2012-05-26 19:40

Cort is trying hard bad,little does he know is that his political career is over,it was one of those short lived thing,killed by the man they say is too old.The next time around we will put an end to the upp reign therby,putting an end to your political career,Your reign as Finance Minister will forever be remembered by all,as one of the most disastrous period in our history.
1
0
+
−

HC

IS THE DOCTOR A SLEEPER?

#16 OUTOFANTIGUA » 2012-05-26 11:44

I LIVED IN THE U.S.A FOR FIVE YEARS UNDOCUMENTED, RECIEVED MY GREEN CARD WITHOUT LEAVING THE COUNTRY. THEN MY CITIZENSHIP AND WAS NEVER TOLD ABOUT ANY GAP. SO I AM PUZZLED. ERROL CORT IS A PUZZLE HIMSELF TO ME, UNLESS HE WAS RAISED IN GUIANNA HIS ACCENT SHOULD BE MORE ANTIGUAN.(born bread and schooled & still with such a heavy foriegn acent, always puzzled me.)so i ask IS HE LEGAL? HOW ABOUT SOME BIRTHA'S PROOF.
5
0
+
−

OUTOFANTIGUA

Challenge

#15 Mr Sabruski » 2012-05-26 10:29

Everytime Cort speaks it is a challenge. Everything is a challenge. Finance 'a challenge'. He is not even an elected politician. It must be ' a challenge '. Gee, can we not find someone who finds everything a ' a challenge ' to be someone who has a solution? these days living in Antigua is ' a challenge ', thank you UPP.
6
0
+
−

Mr Sabruski

@Concern Antiguan(What ru concerned about?)

#14 Antiguan woman » 2012-05-26 10:16

Forgot to add.Whose fault is it that antiguans are becoming minority in their own Islands?? I can understand the need presently for migration,given the state of the economy now,but Antiguans on a whole perfer to dwell in a metropolitan city,then sit back and criticize and pass demeaning remarks about A,gua,when they choose to contribute nothing to the country.If persons choose to migrate,you cant blame the non-nationals,u nless you would like to see the Island become desolate and abandoned,the non-nationals are needed.
2
0
+
−

Antiguan woman

@Concern Antiguan(What ru concerned about?)

#13 Antiguan woman » 2012-05-26 10:09

What is the population of Anu/Bar presently?The figures you quoted for the non-national population among us was 44,000,although i think your figures are overstated, subtract from the last given population #,s the amount you quoted,and tell me if the #,s left for Indigenous Antiguans can make for a healthy Economy with an area size of 170sq miles.Nassau,th e most populated and thriving of the Bahama Islands is a mere 80sq miles,with a population exceeding 200,000.Barbado s,166 sqmiles,has a population just a little under 300,000. It seem like Antiguans is of the opinion that the less the population,the better the economy,that thinking is myopic,and is apart of the reason we,re where we are today. Wake up,dunce thinking.
4
0
+
−

Antiguan woman

RE: Dr Cort Clarifies Citizenship Rules

#12 Reality » 2012-05-26 01:55

I still find it hard to believe that Sir Allen's lawyer continues to run free. You have to wonder what would happen if he was from a country that mattered?
2
3
+
−

Reality

RE: Dr Cort Clarifies Citizenship Rules

#11 Concern Antiguan » 2012-05-25 20:24

The country is moving in the wrong direction. In another ten years Antiguans will be the minority in their own country. Five years from that half of the elected parlimentarians will not be Antiguans. Another five years from then the prime minister will not be an Antiguan. Grant every Antiguan the right to vote free and clear before you start to address foreigners right to vote in our country.The ALP&UPP are both hypocritical on this issue. Cort and his parents are Guyanese. Therefore, what do you really expect from him? Presently, there are about twelve thousand Jamaicans in our country,ten thousand Guyanese,fourte en thousand from the Dominican Republic, another eight thousand from the other splinter islands. Now we have the Chinese and they keep coming. We are going to be over run. Economically the foreigners control our purse strings. The Hadeeds, The Shouls, The Michaels, The mansoors. All Arabs we as a nation need to wake up. We are not going to leave any thing for our children children. At the rate we are going we are going to lose our history, our culture, our language,
our way of life, our existence.
3
5
+
−

Concern Antiguan

Cool Ruler - its the passport office /Government who making trouble

#10 tenman » 2012-05-25 15:00

Ruler why don't you take the time to understand whats happening before you comment? Did you read:
Quote:
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.
. Let me also suggest you read the prior jan 20, 2012 article on this issue:
Quote:
Non-Commonwealth nationals seeking naturalization who would have left the country for a period under six months would not see a hindrance to their status if they choose to pursue the option of naturalization after the seven-year timeline. This is supported in the constitution. There is no support, however, for Commonwealth citizens for this, and people who leave the country within the seven-year period will have gaps in their status that could hinder their application Read more: http://www.caribarena.com/antigua/news/latest/99462-govt-to-address-immigration-loophole.html#ixzz1vuRN6BTc
..
4
1
+
−

tenman

Reply to Gaps

#9 Judge Dredd » 2012-05-25 14:04

There is a difference between legal and lawful. The Constitution says you must have been here lawfully for 7 consecutive years prior to applying. You made yourself legal by paying up but that cannot undo the fact that you were not here lawfully. A lawyer will have to explain the difference for you.
3
2
+
−

Judge Dredd

Gaps

#8 puzzled » 2012-05-25 13:33

if i am out of time for 3 wks and i go to the immigration to get regularised, I still have to pay for the 3 wks i was out of time. where does these gaps comefrom if i have to pay for so called time i was illiegal to get legal?
9
0
+
−

puzzled

RE: Dr Cort Clarifies Citizenship Rules

#7 Cool Ruler » 2012-05-25 13:00

Tenman, it seem that you are doing some spinning today because I cant understand why you would be speculating that there may be some sinister motive afoot to some how purge persons from the voters list using the gap in residency as an excuse to do so.

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:
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.
2
7
+
−

Cool Ruler

Dessalines

#6 tenman » 2012-05-25 10:43

Dessalines they now have to show 7 year residency and I suspect the same criteria for citizenship will be used for being on the voting list. Therefore gaps will be treated as a reset to 0. That means if someone is here for 3 years, and take a trip abroad for a week, they may find that their residency time gets reset to 0. Also you must realize that once someone is a citizen, questions about residency in the country no longer arise (only constituency residency which i think is now 6 months for local citizens and 1 month for citizens who live overseas)
..
6
2
+
−

tenman

@ Tenman

#5 Dessalines » 2012-05-25 10:24

How will this regime 'get persons off the voters list when commonwealth citizens do not have to be citizens to vote? In the case of the Spanish community they would not be on the list unless they qualify and are citizens. I agree that English language knowledge should be a requisite for citizenship.
7
5
+
−

Dessalines

Cort confusing the issue

#4 Judge Dredd » 2012-05-25 09:38

This is a very simple issue. Cort in previous interviews confused the issue by implying that persons could not leave the island. It is a very simple issue. At the time of applying for citizenship, the applicant must have had 7 unbroken, lawful years. This means that there should not have been any breaks in the immigration status. If you were out of time, then you have broken the law and you were not lawfully on the island. Simple. It did not mean you could not leave for a 3 week vacation if for instance you were a Temporary Resident or on a Work Permit, thereby making you lawfully resident.
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.
7
0
+
−

Judge Dredd

yt

#3 tenman » 2012-05-25 09:22

yt, tell them learn English. I can't understand why anyone would wish to reside in a English speaking country yet not speak English. One of the requirements for nationalization needs to be an ability to speak English and knowledge of some basic knowledge of the country. This is not only for the country's benefit but also for the applicant, in order to prevent abuse.

..
16
3
+
−

tenman

NO SPEEKEE EENGLEESH.

#2 yt » 2012-05-25 09:08

What'** of going on Observer Radio and 'clarifying' immigration issues when most of the people who need the clarification only speak Spanish?
7
4
+
−

yt

the current policy lacks commonsense

#1 tenman » 2012-05-25 08:34

Its amazing the strange interpretation persons in this government can come to. There is nowhere in the constitution which speaks of gaps. The constitution says persons who have been ordinary resident for at least 7 years before their citizenship application. In the UK : "A person is ordinarily resident if they are normally residing in the United Kingdom (apart from temporary or occasional absences), and their residence here has been adopted voluntarily and for settled purposes as part of the regular order of their life for the time being (see http://www.hmrc.gov.uk/manuals/cbtmanual/cbtm10020.htm#IDAQDXEH) Dr. Cort himself admits that the intention of the authors of the constitution would not be to disqualify persons who have been out the island for less than six months, yet he then says the passport office will disqualify commonwealth persons who have "gaps". Have to wonder if this is not all about getting persons off the voters list.

..
15
0
+
−

tenman

Add comment

World News

Follow us on Facebook

Spotlight on Business

Previous Next
Social Media Exposes Illegal Workers
Antigua St. John's - The saga of illegal workers at Il Giardino, the fine dining...  Read more

Latest News

Search Directory


Directory Listings


Fadi Building Supplies

  Fadi Building Supplies   Small Hardware Specializing in Cement, Blocks, Sand, Stone, Steel and lots more. Our Hours Monday to Saturday 6:00 am ...



Ideas Inc

Ideas Inc is a result driven Antiguan Business Development Company offering marketing/branding, PR, event planning and training consultancy to the ...

Category: Consultants

App

Android LogoDownload Caribarena's Android App Click To Download

Find us on Twitter!