General Information
All applicants for the status of residency in Trinida bad Tobago is directed to the provisions of section 5, 6, 7 and 50 (1) of the Immigration Act, 1969 as quoted hereunder:
5 (1) The following persons not being citizens of Trinidad and Tobago are residents of Trinidad and Tobago.
- A person who was entitled under the former Constitution to be registerd as a citizen;
- A person to whom permission has been granted by the Minister under section 6 to become a resident;
- A person other than a person described in paragraph (a) or(b) who immediately before the commencement of this Act was deemed to be a person belonging to Trinidad and and Tobago
by virtue of subsection(2) of section2 of the fomer Ordinance;
- A person who applies for and is granted permission to become a resident under section 50 (1);
- The child of a person who by virtue of this section is a resident or who is a citizen of Trinida nad Tobago provided that such child is a minor or is a dependent on and living
with his parrents; and
- such other persons on whom the Minister may confer the statuts of a resident.
(2) For the purpose of subsections(1)(b) and (d) no period shall be coumted towards the acquisition of resident status which a person -
- Is confined in or is an inmate of any prison or hospital for mental diseases;
- Remains in Trinidad and Tobago after making of a deportation order aganist him prior to the execution of such order of his voluntarily leaving Trinidad and Tobago,
unless an appeal such order is allowed; or
- is in Trinidad and Tobago under a permit.
(3) For the purposes to subsection (1)(f) the MInister may, in his direction, confer the status of a resident on any person he considers fit.
6 (1). Subject to this Act and the regulations, persons who come within the following classes may on application in the prescribed form, be granted permission bt the Minister
if he thinks fit, to become residents, that is to say -.
- A permitted entrant who -
- By reason of his education, occupational qualifications,personal history,employment record, training, skills or orther special qualifications has established or
is likely to be able to establish himself successfully in Trinidad and Tobago in a profession, trade, sel-operating business or agricultural enterprise and who has
sufficient means of support to maintain himself and his immediate family in Trinidad nad Tobago; and
- has been continously resident in Trinidad and Tobago for five years or such shorter period (not being less than twelve months) as the Minister may in the special
circumstances of amy particular case accept;
- A person who is the parent or grand parent of either a citizen or resident of Trinidad nad Tobago, residing in Trinidad and Tobago, if such citizen or resident is willing
and able to provide care and maintaineance for ttha person;
- The spouse of a citizen or resident of Trinidad and Tobago; and
- Aperson who has ceased to be a citizen of Trionidad andf\d Tobago by reason of his voluntary acquistionof citizenship of another country.
- The following persons not being citizens of Trinidad and Tobago are residents of Trinida nad Tobago.
(2) In determining the suitability of an applicant for the grant of resident status under this section, the Minster shall be satisfied, inter alia, that the applicant:
- had entered the country legally;
- is not a prohibited class; and
- is of good character as evidenced by a police certificate of character.
7 (1) Subject to subsection (6) resident status is lost by a person:
- who voluntarily resides outside Trinidad and Tobago for a continuous period of one yesr , unless he obtains from the Minister a certificate in the prescribed form exempting
him from the provisions of this paragraph; or
- who was entitled under the former Constitution to be registerd as a citizen of Trinidad and Tobago, if he has reside outside Trinidad nad Tobago for a continous perriod
of two years immediately preceeding the commencement of the Act, unless within a period of six months from that date he obtains from the Minister a certificate in the
prescribed form exempting him from the provisions of this paragraph.
(2) Where the Minster is satisfied that a person has been-
- engaged in activities detrimental to the security of Trinidad nad Tobago; or
- an habitual criminal,
that person shall be deemed to have lost the status of resident at the commencement of his engagement in such activites or at the time of his becoming an habitual criminal.
(3) For the purposes of paragraph(b) of subsection(2) an habitual criminal is a person who:
- is not less than thrity years of age;
- has been convited of an indictable offence punishable with imprisonment for two years or more and has been convicted on atleast three previous occasions since the age of
seventeen years of offences similarly punishable; and
- was on atleast two of these occasions sentenced to improsonment, or has atleast on one occasion been sentenced to be detained at the Youth Training Centre or any othersimilar
institution.
(4) The Minister, if he has reasonable grounds for suspecting that a resident:
- has given a false or misleading information in his/her application for residence; or
- is a person referred to in paragraphs (e),(f),(k),(l),(m),(o) or (q) of subsection (1) of section 8, may issue a written declaration under his hand stating that the
resident has lost his resident status from the date specified in the declaration and the Minister may make a deportation order aganist that person.
(5) Any period during which a permitted entrant is in Trinida and Tobago that is less than the period required for the acquistion of resident status under
section(6)(1)(a)(iii) that might otherwise be counted by a person towards the acquisition of such status in accordance with regulations made under this Act,
is lost upon the making of a deportation order aganist him,unless an appeal against such order is allowed by the Minister.
(6) In nocase shall residence out of Trinidad and Tobago for the purpose of serving in the public service or diplomatic or other service of Trinidad and Tobago,
cause loss of resident status.
50 (1) Nothwithstanding anything in part1 to the contrary, a person who, upon the commencement of this Act , was ordinarily resident in Trinidad and Tobago for a period
of five years is entieled to apply to the Minister for the permission to become a resident, and the Minister may, if he thinks fit, grant such permission. An application under this
subsection shall be made within one year of the commencement of this Actand no later, unless the MInister prescribes some further period, not exceeding three years, within which such
application may be made.