Government’s hidden Belongership policy deemed unlawful by COI
A government policy that forces applicants to wait until their 20th year of residing in the BVI before being eligible for consideration for Belongership status has been described as unlawful by the Commission of Inquiry (COI).
Commissioner Sir Gary Hickinbottom noted that the policy acted outside the territory’s Immigration laws, which states that a person actually becomes eligible for Belongership in half of that time.
Furthermore, this practice of making persons wait double the required time has never been publicised by any sitting government. Sir Gary described the issue as unfortunate when members of the Immigration Department appeared before the COI yesterday, September 28.
“Generally speaking,” Sir Gary said, “as a proposition of public law, if a state [or] if the government has a policy which they apply which is not published, that is unlawful and here there is a policy — it appears arguable that it’s contrary to the statute, but it is an unpublished policy.”
Sir Gary added: “But it’s extremely unfortunate isn’t it? That’s the only policy that was not publicised and therefore applicants who may have put in their applications after 10 years didn’t know that they would be put on a shelf for 10 years — that seems to me to be very unfortunate.”
Public aware of unpublished policy through ‘rumours’
Meanwhile, Chief Immigration Officer, Ian Penn, who also gave evidence, defended the government’s stance and suggested that the unpublished policy would not necessarily be as restrictive as was suggested, since the BVI is a relatively small community.
“Even though the Act would state seven or 10 years and the guidance talks about 20, although it wasn’t published, we are a small community and persons would get all of what is happening in Immigration [Department] because a number of persons would probably inquire or call or come to the Department and therefore the word or the message would spread in the community,” Penn said.
Penn then stated that he was not arguing that the policy was correct, and noted that the government was executing the policy in that way for some time.
Sir Gary said applicants should be entitled to have an adopted policy that is published as opposed to relying on rumours that are practised in the Immigration Department.
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Status is given to who they want to give it to. I know someone who grew up in the BVI and lived here for 35 years and the person still can’t get belonger status, but certain people who came to the island recently…already have belonger status. Now, tell me something isn’t wrong here
Well everyone know you have to grease the right palm! All favors have to be paid for here.
Well now you know why Fahie did the fast track thing.
Because lots of people could have sued the BVI government for breaking their own laws and refusing to accept applications after 7 years like the law they (not the UK, ) made.
Belongership adios. YYYYYYYYEEEEESSSSSSSS
No more second class status
To me the bigger issue is not 10 years or 20 (or 30 or 40 in some cases…), but the fact that whether you get it, and when you get it, is wildly inconsistent. It certainly seems that those with influential friends get their applications processed very quickly – those who don’t know anybody can be waiting a very long time indeed.
Someone called then out on this.
Penn Hush!!
You need to be removed!
You whom harbor all sort of person here BVI in the wrong way!
For your nature cause!!
It is not a matter of whether or not we are a small territory so you assume word will get around and that’s the right way, the COI is saying to you that what you are doing or what was done was UNLAWFUL. Making upstanding, tax paying, law abiding residence sit on ice for 20-30-40 yrs, none the wiser to oppose this nonsense, but a previous article could say 2 convicted RAPISTS were granted belongership, one out of “Sympathy”???? you have got to be kidding me! Set of hypocrites! Want to be dead wrong and strong and sit up there and make excuses for your ignorance, and wonder why your youth and young adults have no respect or regard for their fellow ppl, or the laws of this country, the Wild Wild West was cultivated from the TOP and trickled down, then you want to scold them for what they’ve learned from you at the top. Smh give me a break!
I am so grateful for the COI for shining light where it normally does not get shown, and airing all this dirty laundry in the Caribbean sunshine for all to see.
Speaking of victimization, here is one area of life in this territory where victimization occurs. There are lots of injustices that goes on in this tiny territory, and it’s time a light get shown on them.
When people say its who you know or who you are for, this is an area where that saying applies.
I find it quite incredulous that for such a small territory of 30K people, so much goes on here in every segment of society. It’s hard to keep up.
What goes on in this territory (the Jr Minister of Tourism does not like that word) rivals any major country with much larger and complex populations. It’s head scratching.
Anyway, the excuse given (lets call it what it is) for not publishing the policy on Belongership because the territory is small and “the word or the message would spread in the community” is as ridiculous as it gets.
If there is a policy on belongership, publish the darn thing. How hard is that? We are in 2021 coming to end soon.
People seeking Belongership should not have to depend on word on the streets or the rumor mill to know what the policy is.
Quite frankly I think the reason the policy has not been published is because they don’t want these people to apply.
It’s no secret that expats are not liked by some including some members of the government past and present, and the government itself has promoted policies that make it difficult for expats to either travel, work, live, birth their kids and get a birth certificate from the BVI, have their kids live here with them, or get registered in a school.
In my opinion, there are those in this county who believe this territory is theirs and no one else, and even when people have been here for donkey years and met the belongership qualifications which are lenghty to begin, some would still not want these people to be granted belongership.
It’s bad mindedness, spiritual wickedness, or whatever else you wish to describe it plain and simply and xenophobia enabled by the government and it’s policies.
Can you imagine what would occur with an independent BVI when it comes to Belongership? I would imagine a lot more files will be placed on the shelves, and some applicants would die before their applications get seen the light of day. Shame.
U definitely PREACHINGGGGG!! Its high time!
There is a Senior Member of the house, who would love to say at meeting, “no matter how long night run, daylight will catch it”.
As a frequent listener of the HOA, I have not heard that saying in a long time.
Several investors figured out this unlawful 20 year policy during the Stoutt and O’Neal years so they invested in the USVI instead.
Anyone I know who has tried to submit their papers before 20 years was told to come back and this is many, many persons. If there is an unpublished law this is clearly only being applied to those who are chosen by those in power.
There is zero sense to any of this. Governments make it up as they go and “promote” who they think they will benefit them. Whilst decent people who are observing the rules are overlooked time and time again. The same people who do not get special favours when it comes to paying taxes and maintainng good standing with various agencies. We need a serious overhaul!
Some us finally leave. WHY? because we lose hope.
Now what’s going to be done about this unlawful practice? What’s the recourse for all the individuals slightest by this?
Not sure there are that many people left that want to belong to any part of this rapidly declining society that was once the VI.
I want to know too!
Sue…tell ‘em to court!! We have ALL known this to be the ‘norm’ around these parts! Some have benefited financially (immensely I dare say) from wielding the ‘power’ and control
over peoples lives for decades. Criminal? Illegal? Class action lawsuits? No apologies yet from any of these dinosaurs that think they’re much more intelligent than us all.
Mr. Hickenbottom, please do NOT water down your report and be swayed by these wanksters believing their own verbal garbage.
Im sure wat day will do now is allow people to apply but make the reqirements ridicúlus and hav applications pending approval for another couple of years
Give the people their status
Until the next election, like last election. We know that’s when roads get fixed and all kind of favors are given.
And God continues to expose this wicked and inhumane VIP Administration.. God don’t like ugly!!!
The Bible speaks of the dignity that the alien or stranger or slave in the on the Land should receive. How could we call ourselves a Christian society and ignore the biblical principles of how we treat others. God is not to be mocked.
If the BVI becomes independent, then who would want to seek to be a Belonger? Financial Services income would disappear and the country’s economy will collapse.
There is a young that lived here for 19yrs and work the same place for that amount of time and she was asked to leave without even given at least 6 months to see if she can get another job. Yes she would have been able to support herself because her mom is here also.
Respectful young lady, no criminal record, not a party or street girl. Not saying that she had a right to be granted the time but my God they are so many people here with serious criminal record and both NOD and VIP allow them to either continue to reside or come in and get married to BVislanders.
While this is happening pregnant mothers continue to travel to the USA to deliver their babies so that they may be registered US citizens. Do unto others as you would have them do to you certainly does not apply in this Christian society.
The VIP Government has another hidden policy which they refer to when things go wrong. The policy involves deciding which of the following is responsible for their error:
1. NDP
2. Irma
3. UK
4. COVID
5. COI
They are very wicked here they don’t like expat..they work pay tax help build this island an all they get is disrimination..they even cut out exemption by how long u live here..wicked vincent weatley
Is residency and Belonger status a right to citizenship or is it a privilege? I heard a minister say that it is a privilege, a rumour starter by many speech in the political arena. Then I had to read for a law class and find out that nothing go so. Human Rights and its Declaration has power to detain the thoughts of some government” the right to work and resided in a state”, many close their eyes to the Moral and Political vision of human Rights, now its in the open.
This is heavy on the mind, of how divided a country can become. It give a mere intend that the expat community would grow and extend with their children and can overcome the native, a negative only a few can see. However in the coming years, it would be a lot of old folks and retiree that live on this islands, as the young migrate to greener pastures.
Being granted belongership status is a privilege not a right. It does not matter if you apply at 20 yrs or 10 yrs. it does not have to o b granted. However, there should be a response to the application. I also learned at the hearing yesterday that there should of been a quota of 25 belongership status granted per year.
You may not understand the law, so let me tell you… oh wait, forget it.
“so what” u basically sayin is those two convicted felons earned that privilege???? all yal stupid alike
I hope from this the GOV be aware that lawyer’s will be present to fight what the laws say and not what the words on the streets is..
This government need to be sued. For all applicant the had over ten years and under twenty who applied and they rejected their application. Uk needs to hurry take over their land. St of wickedness.
you are correct and funny enough alot of them same “Locals” children and grand children arent even born here, and since irma, have been migrating to the US in droves annually, but the children of expats that are here, have been here living and working, their children, who wud essentially become the future of the local population, cant even get an exemption to remain in, grow up, go to school and reap the “benefits” of being born here, because why, they parents are expats! its quite sickening to witness!
Due Diligence is important. They are persons who received belongers and has never paid social security or tax.. and I know this for a fact.. not just one or two many!! belongers where giving out like bread the other day.. Don’t talk on so call 4th generation.. The govt been giving out belongers… and too many that did not have affairs in order. Belongers should be given with due deligence to persons and who have paid their taxes and contributed correctly to the BVI.
It is sad to hear the division in BVI (a fellow Overseas Territory) – in Cayman we have issues too. We are concerned that many foreigners are here just to benefit themselves and they are invited guests who should not have a voice but so many of these expats are the ones that do so much to build up our Island and they volunteer (not so much out of self interest as many think) but because they genuinely like being among us and want to give back. Is it too much to ask to treat people with fairness, kindness and respect? Yes there are some takers but so many (especially those that stay past ten years) very genuinely only want good for the Island that they are living in. I believe we should try to be more loving and open hearted to those that respect our laws, work hard and contribute for long periods of time. The attitude is often ‘if you don’t like the way you are being treated go back home or somewhere else,’ but I still still think we should look at our side of the street and the truth is many of the hard working expats are exposed to resentment, discrimination and treated like they are second class – it is not right. If the table was turned would you like to be treated that way?
Thank God I never got where I came from and invested in my home country so I don’t have to beg for citizenship from someone else country. As the saying goes never forget where you come from. Some of u who live here do like you all afraid of your home country. The BVI govt don’t have to give you citizenship. It’s not a tight just because you live and work here long enough. Maybe Higginbotham should tell us what the UK laws are when it comes to giving citizenship to expats so most of us blabbing on here would shut the hell up. Even research our own country laws when it comes to that also.
There’s lots of scammers about these islands! Some in high places running hidden schemes. Let me name a few; politicians and wannabe-politicians, doctors, lawyers, insurance providers, Customs, Police, Immigration, garage shop owners and their employees. It’s a systematic thing when you take out people money’s and don’t pay SS and government don’t prosecute them. When you refuse to pay people for work done. When you take people money and family l to deliver on goods or services. But the little man is dealt with harshly if he defaults by the same government? Be it life or other insurance they to scamming people out of their money with hidden policies. The COI is only touching government handling of matters. There’s lots out here happy for the COI but they’re as shady as those they’re glad to see squirm under questioning.
It is entirely fair that the democratically elected rulers of BVI set out the laws for immigration. If those rules say “Belongership after 10 years” or “Belongership after 50years” it is their right to set those rules. I might not like, they may be tantamount to apartheid, but that is their right to set the rules. If I don’t like it, planes and boats leaving island every day.
Where the problem arises is this application of unwritten rules. It is the lack of transparency and the opportunity for corruption to arise. Everyone should be treated in the same objective way regardless of who you know, or what you paid them.
The same situation arises when it comes to Trade Licenses. All BVIslanders should be entitled to set up a business of their choosing if they want to and if they hold the requisite qualifications (i.e. can’t set up a doctors’ surgery without being medically qualified/experienced). Why do some people get a monopoly to trade? Some businesses will thrive, some will fail: that’s capitalism. I know a few BVIslanders who had their applications refused because they aint from the right family or their business might have been in competition with one of the right families.
I completely respect the requirement for non-BVIslanders to have to get a Trade License, and for consideration/protection to be given as to how that would impact existing businesses. But, again, those processes should be transparent and objective. Lots of dodgy dealings go on with Trade Licenses too (undefined application time, undefined requirements, no right of appeal, continually changing goal posts etc). Its clear lots of money passes in brown paper envelopes.