Found at: http://www.anguillaguide.com/article/articleprint/6472/-1/140/
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LABOUR, IMMIGRATION POLICY EVOKES BIG PUBLIC RESPONSE
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Some 100 people from across Anguilla filled the Teachers’ Resource Centre on Monday evening, January 12, by attending a public consultation on the 2008 revised draft Labour & Immigration Policy which is to be introduced later, following a number of important amendments.
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One of the main sections of the audience at the Public Consultation
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It was a record turnout to any such public discussion, despite the live radio broadcasts and telephone call-in arrangement when persons usually stay at home to listen to, or call in during the proceedings, rather than to be actually present at the occasion. Those in attendance included employers or their representatives in the public and private sectors, lawyers and many persons from throughout the island. Among them were nationals from other countries and territories residing and working in Anguilla, curious about the new labour and immigration policy provisions and how they might be affected.
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L-R: AG Mr. Wilhelm Bourne, Mr. John Benjamin, Mr. Russell Reid, Mrs. Brenda Proctor and Mr. Foster Rogers
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The consultation, under the chairmanship of Foster Rogers, Permanent Secretary in the Chief Minister’s Office, with responsibility for Labour and Immigration, first took the form of a panel discussion. Along with him, as panelists, were Attorney General, Dr. Wilhelm Bourne; Labour Commissioner, Russell Reid; Acting Chief Immigration Officer, Brenda Proctor; and Vice President of the Anguilla Chamber of Commerce and Industry, John Benjamin. The second part of the consultation involved questions and statements by persons on the floor followed by telephone calls from listeners, all making the event a very interactive and interesting occasion.
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Section of the audience
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The main aims of the policy are to facilitate claims for permanent residence in Anguilla by long-term residents and others with a connection to Anguilla; to control immigration in the future; harmonize national immigration laws and policies with the provisions of the British Nationality Act 1981 and the Overseas Territories Act 2002; and to provide general directives with regard to the recruitment of non-belongers to work in Anguilla.
Mr. Rogers told the audience that the draft document was a revision of the policy that had been existence since 2001 and was aimed at reflecting the current labour and immigration realities in Anguilla. The draft had been in circulation over the past four months and, as he pointed out, “it is far from being a final document” as it is subject to various changes.
He said that over the past four years the number of work permits issued had increased tremendously as follows: 2005: 1418 permits; 2006: 2,450; 2007: 3,632; and 2008: 4,200. Quoting some of the salient points of the draft policy, he stated that visitors would not be allowed to remain on the island while work permits were being processed; visitors who own property in Anguilla and who had not been granted a permit of permanent residence would be given six months to a year at a time to live in Anguilla; Non-belongers who had been granted work permits for fourteen years or more, and children of work permit holders who have attended school in Anguilla for seven or more years and attained the age of 17, would be considered for permanent residence as well as non-belongers who have been residing legally in Anguilla for 14 years or more consecutively. In addition, persons whose grandmother or grandfather was born in Anguilla, and those persons who resided in Anguilla for five consecutive years, would also qualify for permanent residence.
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Another section of the attendees
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A new provision being introduced by the Government is Conditional Permanent Residency. This category applies to individuals who qualify to obtain immigration status in Anguilla on an annual basis. The arrangement would lessen the necessity for them to update their immigration status every six months. It was explained that this would “not lead to a path of naturalization or belonger status, but would rather facilitate expatriates who wish to remain in Anguilla with some sort of residency provisions.”
In his presentation, Attorney General, Dr. Bourne, spoke about the importance of the Anguilla Government developing an effective labour and immigration policy which should be flexible and have public participation. “In other words, although you have a policy, the door could still remain ajar to proper governmental action if challenged,” he stated.
Mr. Reid, the Labour Commissioner, described the draft policy as being timely, given the global financial situation. He was of the view that some aspects of the policy should be tied to legislation to ensure that employers and employees were held accountable. “In the draft policy, most of the processes involved in granting work permits remain the same,” he went on. “However, a number of measures are being introduced to tighten up matters. The policy speaks to a further system for work permits whereby a certain number will be issued to persons of different nationalities. The policy also discusses time limits, specifying a date beyond which work permits will not normally be reviewed. In other words, work permit holders will be limited to a maximum of seven years…This is what is consistent with what is happening in the Cayman Islands where it is seven years; Bermuda, where it is six years and the British Virgin Islands, where five years have been proposed.”
Mr. Reid explained that the main objective of the term limit proposal was to ensure that employers had a genuine interest in recruiting and training Anguillians. He noted however that term limits would not be appropriate for every position held on the island by non-belongers.
The Labour Commissioner also spoke on “job-hopping” which is strictly prohibited. The particular section of the draft policy states: “A change of employer will not be approved unless, in the opinion of the Minister of Labour, the human rights of the employee are being infringed upon by an employer, or in the opinion of the Minister of Labour, the employee is being unfairly or unjustly treated as a result of poor working conditions or victimisation. An offer of a higher salary to an employee by another employer will not be considered enough grounds to transfer to a new employer.”
Mrs. Proctor, the Acting Chief Immigration Officer, said her department was going through a series of challenges caused by the increased flow of non-belongers to the island, a result of the unprecedented economic activity that had been generated over the past few years.
“Our mission is to promote, facilitate and regulate the migration of people into Anguilla,” Mrs. Proctor told the large audience. “We try to do this to the best of our ability but, like everything, there is need for improvement. This is an ideal time to review our existing laws and policy documents as we have realised our immigration legislation is indeed limited and needs to take into account the new challenges that we are facing.
“In some of these challenges, we have seen an increase in marriages of convenience; in persons requiring visas; persons requesting residency stamps; extension of stay; and an increase in persons requesting for children to attend school in Anguilla. With these increases, we have also taken into consideration the strain on our social and educational resources…With this in mind, we welcome your views in helping us to draft a policy document which would be in the best interest of the people of Anguilla.”
Mr. Benjamin, speaking on behalf of the Chamber of Commerce and the business sector in general, said: “The business community is asking for a level playing field: a policy that is good for external investors ought to be good for internal investors. At the end of the day, when there is a downturn in the economy, the external investor can pack up and leave; but the local investor, who has nowhere to go, has to weather out the storm.”
Mr. Benjamin noted that as a result of the large migration into Anguilla, the population had increased by 464 percent which he described as being massive and unplanned and impacting on the island’s social and cultural life. Among other matters, he called for clarification on some points in the draft document. He was pleased that the provision for persons whose grandparents were born in Anguilla to become belongers of Anguilla was reinstated in the Labour and Immigration draft policy. Among other matters, he questioned an arrangement whereby a person, such as a mother, who was granted a work permit, was required to be accompanied to Anguilla by only one dependent while in fact that person might have two or more children.
The panelists dealt with, and took note of, many questions and suggestions from persons in the audience and those who called on the telephone. The views of the public will be taken into consideration by Government and a committee in re-drafting and finalising the Labour and Immigration Policy document, probably following another public consultation.