IMMIGRATION ACT - oas.org

1 LAWS OF TRINIDAD AND TOBAGOIMMIGRATION ACTAct41 of 1969 Amended by7 of 1974*24 of 1978*47 of 1980*19 of 198837 of1995*(See Notes on page 2)Current Authorised 1/CHAPTER 18:01 Pages(inclusive)I-2/1 Authorisedby on Subsidiary LegislationThe Classes of Undesirable Immigrants Order 1953 ( 177/1953 as amended), the ImmigrationDetention Places Regulations (1950 Ed. Vol. Vill page 801) and the Notice fixing Overtime rates forLaunch Crews ( , as amended) made under the IMMIGRATION (Restriction) 20 (1950 Ed.) (now repealed) continue in force by virtue of section 29(3) of theInterpretation Act (Ch. 3:01). but they have not been published as they are out of date and will soon berevoked or , orders made under section 4 of the repealed Ordinance declaring specified persons to beundesirable immigrants have not been published since they are of a personal on Act of 1988 Section 38 of the Trinidad and Tobago Free Zones Act, 1988 (Act No.)

2 19 of 1988) provides as follows:Work (1) A person who is a foreign national or Commonwealth citizen employed bythe Company or by an approved enterprise established in any free zone shall not, byvirtue only of such employment, be exempt from the IMMIGRATION Act, but the Ministerresponsible for the administration of that Act shall, in considering applications by oron behalf of such a person. have regard to the need to facilitate the operations of thefree 18:01.(2)Where a person referred to in subsection (1) is employed by an approvedenterprise. he and that enterprise shall be exempt from such provisions of theImmigration Act as authorise or require the payment or imposition of fees in relationto the grant of a work permit to him.(3)The Aliens (Landholding) Act shall not apply with respect to aninvestment in an approved enterprise established in a free zone or the holding of aninterest in land in a free of Subsidiary LegislationImmigration Regulations ( 178/1974)LAWS OF TRINIDAD AND TOBAGOChap.

3 58 18:01 IMMIGRATION ACTARRANGEMENT OF SECTIONSENTITLEMENT OF CITIZENS AND RESIDENTSTO COME INTOTRINIDAD AND TOBAGO4. Entitlement to admission to Trinidad and Persons who are residents of Trinidad and Persons who may be permitted to become Loss of resident UNDER PERMIT10. Issue of Unlawful entrants and prohibited IMMIGRATION Special Inquiry Officers. Powers of Arrest and Arrest without warrant in certain Detention pending inquiry, examination, appeal or Conditional 1/LAWS OF TRINIDAD AND TOBAGOPART IADMISSION OF PERSONS INTO TRINIDAD AND CLASSES8. Prohibited ENTRANTS9. Permitted IIADMINISTRATIONIMMIGRATION OFFICERSSECTION1. Short title. OFPERSONSSEEKINGADMISSION OR ENTRYSECTION18. Examination by IMMIGRATION Medical Where a person cannot be properly Rejection orders and reports on persons seeking Reports on persons in Trinidad and Powers of Special Inquiry Nature of hearing.

4 Decision after Re-opening of AND TRANSPORTATIONDEPORTATION32. Liability of transportation Cost of detention of persons seeking admission to Trinidad Duties of transportation companies to carry out Transportation of deported to prevent passengers from leaving vehicles atunauthorised times or Rights of IMMIGRATION officers to inspect vessels, Medical III28. Deportation: service of Execution of deportation. Return of for Jurisdiction of Right of appeal for citizens and OF TRINIDAD AND General security by transportation Security respecting Security that permitted entrants will Exercise of functions of by certain persons for resident status and forcertificates under section I/PART IVOFFENCES AND PENALTIESSECTION40. Specific offences against this Offences respecting immigrationofficersand members of theImmigration Offences and of Chief IMMIGRATION Officer to impose of VMISCELLANEOUSSECURITY AND 18:01 IMMIGRATION ACT41 of Act respecting the admission of persons into Trinidad [I ST JULY 1976] Act may be cited as the IMMIGRATION this Act-(7of197424of1978].)

5 "admission" means the coming into Trinidad and Tobago froma port outside Trinidad and Tobago of citizens and residentsof Trinidad and Tobago and includes entry of permittedentrants and other persons under this Act;"Chief IMMIGRATION Officer" means the person so appointed forthe purposes of this Act and includes a person to whom theChief IMMIGRATION Officer delegates any of his powers,duties or functions; :50."citizen of Trinidad and Tobago" means a person who is a citizenof Trinidad and Tobago by virtue of the Constitution or theCitizenship of the Republic of Trinidad and Tobago Act;"deportation" means the removal under this Act of a person fromany place in Trinidad and Tobago to the place whence hecame or to the country of his nationality or citizenship or tothe country of his birth or to such other country as may beapproved by the Minister under this Act, as the case may be;"deportation order" means an order requiring the person in respectof whom it is made to leave and remain outside of Trinidadand Tobago;"entry" means the lawful coming into Trinidad and Tobago froma port outside Trinidad and Tobago of permitted entrants andother persons under this Act; ( ).

6 "former Constitution" means the Trinidad and TobagoConstitution set out in the Second Schedule to the Trinidadand Tobago (Constitution) Order-in-Council,1962;LAWS OF TRINIDAD AND TOBAGO"former Ordinance" means the IMMIGRATION (Restriction)Ordinance (repealed by this Act);Ch. 20. No. 2.(1950 Ed.)."immigrant" means a person who seeks admission into Trinidadand Tobago for permanent residence or who is withinTrinidad and Tobago as such," IMMIGRATION station" means any place designated by the Ministerfor the examination, treatment or detention of persons for anypurpose under this Act, and includes IMMIGRATION quartersat ports of entry;"master" means the person in immediate charge or control of avessel;"medical officer" means a person authorised or recognised by theMinister as a medical officer for the purposes of this Act;"member of a crew" means any person, including a master, who isemployed on board or belongs to the staff or crew of a vessel;"Minister" means the Minister responsible for IMMIGRATION ;"owner" includes the agent of the owner of a vessel or thecharterer or consignee of a vessel.

7 "permit" means a permit authorising any person to enter Trinidadand Tobago issued by the Minister under section 10;"permitted entrant" means any person permitted to enter underthe provisions of section 9;"place of detention" means a Prison, a Police Station or any placeapproved by the Minister;"port of entry" means any place in Trinidad and Tobago prescribedfor the examination of persons under this Act;"prohibited class" means any of the classes of persons designatedi n section 8;"resident" means a person referred to in section 5(1);"ship" includes every boat and craft of any kind for travel ortransport other than by air;"Special Inquiry Officer" means a person described in section 13(1);"transportation company" includes the agents of any suchcompany carrying on business in Trinidad and Tobago;"vessel" means any ship, aircraft or other means of travel by seaor 1 /LAWS OF TRINIDAD AND TOBAGOPART IADMISSION OF PERSONS INTOTRINIDAD AND as permitted under this Act, no person may beadmitted into Trinidad and Tobago as an immigrant or being withinTrinidad and Tobago remain therein as an of citizens and residents to comeinto Trinidad and TobagoEntitlement toadmission toTrinidad (1)A citizen of Trinidad and Tobago has the right to beadmitted into Trinidad and Tobago.

8 (2)A resident who is not a citizen of Trinidad and Tobago,so long as he continues to be a resident, has the right to be admittedinto Trinidad and (1)The following persons not being citizens of Trinidadand Tobago are residents of Trinidad and Tobago:(a)a person who was entitled under the formerConstitution to be registered as a citizen;(b)a person to whom permission has been' grantedby the Minister under section 6 to become aresident;(c)a person other than a person described inparagraph(a)or(b)who immediately before thecommencement of this Act (that is, Ist July 1976)was deemed to be a person belonging to Trinidadand Tobago by virtue of section 2(2) of the formerOrdinance;(d)a person who applies for and is granted permissionto become a resident under section 50(1);(e)the child of a person who is a citizen of Trinidadand Tobago who by virtue of this section is aresident provided that such child is a minor or isdependent on and living with his parents;Persons who areresidents ofTrinidad OF TRINIDAD AND TOBAGO[7 of 197424 of 1978].

9 (f)such other persons on whom the Minister mayconfer the status of a resident.(2)For the purposes of subsection (1)(b)and(d),no periodshall be counted towards the acquisition of resident status duringwhich a person-(a) is confined in or is an inmate of any prison orhospital for mental diseases;(b) remains in Trinidad and Tobago after the makingof a deportation order against him and prior tothe execution of such order or his voluntarilyleaving Trinidad and Tobago, unless an appealagainst such order is allowed; or(c) is in Trinidad and Tobago under a permit.(3)For the purposes of subsection (1)(f)the Minister may,in his discretion, confer the status of a resident on any person heconsiders (1) Subject to this Act and the regulations, persons whocome within the following classes may on application in theprescribed form, be granted permission by the Minister if he thinksfit, to become residents, that is to say:(a)a permitted entrant who--(i)by reason of his education, occupationalqualifications,personalhisto ry,employment record, training, skills or otherspecial qualifications has established or islikely to be able to establish himselfsuccessfully in Trinidad and Tobago in aprofession, trade, self-operating business oragricultural enterprise and who hassufficientmeans of support to maintainhimself and his immediate family inTrinidad and Tobago.

10 And(ii)has been continuously resident in Trinidadand Tobago for five years or such shorterperiod (not being less than twelve months)as the Minister may in the specialcircumstances of any particular case accept;(b)a person who is the parent or grandparent of eithera citizen or resident of Trinidad and Tobago,Persons whomay hepermitted tobecomeresidents.[7 of 197424 of 1978]. I/LAWS OF TRINIDAD AND TOBAGOLoss of residentstatus.[24 of 197847 of 1980].(2)In determining the suitability of an applicant for thegrant of resident status under this section, the Minister shall besatisfied,inter alia,that the applicant-LAWS OF TRINIDAD AND TOBAGO residing in Trinidad and Tobago, if such citizenor resident is willing and able to provide care andmaintenance for that person;(c) the spouse of a citizen or resident of Trinidad andTobago; and(d) a person who has ceased to be a citizen of Trinidadand Tobago by reason of his voluntary acquisitionof citizenship of another (1) Subject to subsection (6), resident status is lost by a(a)who voluntarily resides outside Trinidad andTobago for a continuous period of one year, unlesshe obtains from the Minister a certificate in theprescribed form exempting him from theprovisions of this paragraph.