The main legal framework for migration in Barbados is the Constitution of Barbados (1966), the Migration Act, Cap. 190 of February 2, 1976, and the Barbados Citizenship Act, Cap. 186 of November 30, 1966.
Regulation of entry and stay of migrants
Only citizens or permanent residents have the right to enter Barbados. All other people must request permission. There are two categories of authorized candidates; The first consists of:
n Diplomatic or consular officers from a country other than Barbados;
n Representatives or officials of the United Nations or any of its agencies or sub-agencies, or any government organization in which Barbados participates, entering Barbados on official business or in transit, and members of entourage or families of those people.
n Persons entering Barbados to attend as students an educational or training institution approved by the Minister for the purposes of this Act; or to a university or institute authorized by law to grant diplomas or train to receive holy orders.
n Persons entering Barbados for the purpose of employment, trade or business.
n Persons entering Barbados for other purposes approved by the Minister.
The second Category of migrants, whose stay is limited to 6 months, consists of:
n Passengers in transit through Barbados
n Visitors
n Persons entering Barbados for medical treatment
n Crew members of vessels entering Barbados to go ashore or for other legitimate and temporary purposes
n Persons entering Barbados for the purpose of participating in sport, dramatic, artistic or other cultural activities
Immigrant Status
Immigration regularization can be granted to eligible persons, being key elements for the evaluation their education and investment capacities, as well as family reunification.
Therefore, an authorized candidate may become an immigrant if he or she:
n By reason of your education, professional qualifications, personal history, work history, training, skills, or other special qualifications,
• Are employed full-time in the public service, in the service of a government body or government agency,
• Have successfully established themselves in Barbados in a profession, trade, business or agricultural endeavor, • Will in
all likelihood settle in Barbados successfully in a profession, trade, business or agricultural endeavor and has sufficient resources to support herself and her dependents in Barbados until she succeeds.
n If you are a person under the age of 18 whose father or mother is a permanent resident or a citizen of Barbados residing in Barbados, you confirm the paternity or maternity of the minor to the satisfaction of the Minister, and you are willing and have the resources to care for and maintain it;
n If you are not a citizen, but you are the parent or grandparent of a citizen residing in Barbados and you are willing and have the resources to care for and support that parent or grandparent;
n If you want to retire in Barbados and have enough resources to support yourself and your dependents.
Permanent residence
The following persons have the right to apply and be registered as permanent residents:
n A person married to a citizen of Barbados.
n An authorized candidate who applies for and receives immigration status from the Minister and after becoming an immigrant resides in Barbados for a period of at least 5 years.
n A resident married to a citizen by origin or descent.
n Any person who had received resident status before the Migration (Amendment) Act 1979 came into force will be recognized as a permanent resident.
Caricom Qualified National Status
CARICOM member states that have agreed to the free movement of people to date are Antigua and Barbuda, Barbados, Belize, Dominica, Grenada, Guyana, Jamaica, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Suriname and Trinidad and Tobago.
Qualified CARICOM nationals have the right to seek and engage in paid activity in any of the CARICOM member states without the need to obtain a work permit in that member country.
Persons eligible to participate in the free movement of skills must engage in legitimate economic activities.
There are currently no rights to the free movement of persons solely for the purpose of residence. This movement is linked to the economic activity of some of the countries. Any person who wishes to emigrate from one CARICOM state to another without exercising employment or any legal form of economic activity must apply for another status such as immigration, permanent residence or citizenship, in the same way as those who are not CARICOM nationals. .
Any CARICOM national who wishes to establish a business in any of the member states may do so by complying with all the requirements. The applicant will receive a defined period of time to establish their business. Once the business has been successfully established, the person may reside indefinitely as long as they maintain their business.
Work Permits
Non-nationals wishing to work in Barbados will need to obtain a work permit before starting work, with the exception of migrants, permanent residents, persons with permission to reside and work and CARICOM nationals.
The types of permits available are:
n Short-term/training: valid for a period of up to eleven months.
n Long-term: valid for a period of up to 5 years.
Students
Individuals wishing to study at an educational institution in Barbados must apply for and obtain a student visa before entering the country. The student visa is valid for one year.
When the duration of the study course is longer than one year, the visa may be renewed at the end of the year.
Special Entry
Permits These permits are typically issued to retired non-nationals who own residential property in Barbados and have the resources to support themselves.
Acquisition of nationality
Barbadian nationality is acquired by origin, descent, registration or naturalization.
Nationality by origin
Any person who, having been born in Barbados, was a citizen of the United Kingdom and its Colonies on November 29, 1966, shall be considered a citizen by origin of Barbados. In addition, any person born in Barbados after November 29, 1966 will be a citizen of Barbados on the date of his or her birth.
Nationality by descent
n Any person born outside of Barbados after November 29, 1966 will be a citizen of Barbados on the date of his or her birth if his or her father is a citizen of Barbados on the same date.
n Any person who, having been born outside Barbados and a citizen of the United Kingdom and its Colonies on November 29, 1966, would also be a citizen of Barbados if his father became a citizen of the country on November 30, 1966.
n Any person born outside of Barbados after November 29, 1966 shall be a citizen of Barbados on the date of his birth if on the date of his birth at least one of his parents was a citizen of Barbados born in Barbados.
n Finally, any person born outside of Barbados after November 29, 1966 will be considered a citizen of Barbados on the date of his or her birth if he or she was the child of a citizen of Barbados who was on that date in the service of his or her country in a diplomatic or diplomatic capacity. consular
Nationality by registration or naturalization
The following persons may obtain Barbadian nationality by registration or naturalization:
1) Any person who was a citizen of the United Kingdom and its Colonies on November 29, 1966;
2) Any woman who was or was married on November 29, 1966 to a citizen of Barbados or to someone who before her death had the right to be.
3) Any person who, being a citizen of the Commonwealth of Nations (other than by virtue of being a citizen of Barbados), has resided in Barbados for a continuous period of at least seven years prior to November 30, 1966.
4) Any woman who was or was married on 29th November 1966 to a person who later became a citizen of Barbados by registration has the right, as a protected person or foreigner of Great Britain, to apply and be registered as a citizen of Barbados by reciting the Oath of Allegiance.
5) Any person who has been ordinarily a resident of Barbados for a period of ten years (or a longer prescribed period) just prior to his application;
6) Any person who has been married to a citizen of Barbados and has cohabited with him or her for a prescribed period immediately prior to his or her application.
Immigration regularization
As of June 1, 2009, undocumented CARICOM nationals who had entered Barbados before December 31, 2005 and remained in an irregular situation for a period of eight years or more received the opportunity of the government of Barbados regularize their immigration status. If they entered before the 8 years prior to December 31, 2005; they received permission to reside and work as long as they were of good character.
These provisions offered a significant number of CARICOM nationals the opportunity to regularize their immigration status and settle in the country.
Eligible irregular immigrants will also be able to regularize their stay by applying for any of the standard categories of entry into the country.
Refugees
Barbados is not a signatory to the 1951 Convention or the 1967 Protocol on Refugee Status. When asylum cases are identified, the UNHCR (United Nations High Commissioner for Refugees) examines and makes a decision on their claims (UNHCR, 2012). According to UNHCR, there are currently no asylum seekers or refugees in Barbados and no asylum or refugee cases have been recorded in recent years.