Acting Chief Immigration Officer Ian B. Penn said the recent amendment to the Immigration and Passport Act- Section 31 is meant to streamline and regularise the process whereby persons who change jobs will not have to leave the territory, provided they have been here at least five years. Photo: VINO/File

Also amended under Section 31 of the Immigration and Passport Act is ‘change of status’, which grants permission to persons who have resided in the territory without being employed for at least three years, to change their immigration status to ‘seeking employment’. Photo: VINO/File

Premier and Minister of Finance Dr The Hon D Orlando Smith, who brought the Bill to the House of Assembly for amendment on April 20, 2016, said the amendments were necessary to reduce any detrimental social effects and unnecessary financial hardships on families, businesses and the economy.

Law was ‘always there’

Meanwhile, Mr Penn sat for an exclusive interview with this news site on the most recent development which he said will require some more time to be implemented.

“What it does is allow people who have been working here for five years or more...to remain in the territory and be able to apply to the Chief Immigration Officer for permission to remain to seek further employment.”

Only persons who have worked in the territory for a period of five years would ordinarily qualify. Persons who have held entry permits for one to four years will not be considered unless they can demonstrate exceptional circumstances where the amendment may apply

However, Penn said that exceptional circumstances cannot be defined in this context as matters must be determined on a case by case basis after a thorough assessment by the Chief Immigration Officer. As such he said it would not be prudent to give a list of what these exceptional circumstances can be.

“So what this amendment does is actually clarify the issue...the law was always there on the books but there was no clarity to it,” he said, adding that there is soon to come an amendment to the regulation that will set out guidance on how the issue will be administered.

Public will have to be educated on new law

Penn said that when Governor John S. Duncan OBE signs off the principal Act, there is still the matter of the regulations that have to the amended. “When that is done, everything will be put into effect thereafter,” he said, noting that it could be weeks or months before actual implementation.

He said that given the magnitude of the change that the amendment to the law contemplates the Department will have to embark on a comprehensive public relations campaign to educate the public on the planned changes.“The Department is well aware that it will have to embark on a public relations campaign when this is about to take effect.

Also amended under Section 31 of the Immigration and Passport Act is ‘change of status’, which grants permission to persons who have resided in the territory without being employed for at least three years, to change their immigration status to ‘seeking employment’.