Immigration (Transition) (Global Citizen Exemption) Regulations

PUBLISHING DETAILS The Immigration (Transition) (Global Citizen Exemption) Regulations, 2020 [SL 131 of 2020] consolidated with the Immigration (Transition) (Global Citizen Exemption) (Amendment) Regulations, 2021.

Revised under the authority of the Law Revision Act (2020 Revision).

Originally made — SL 131 of 2020-13th October, 2020 SL 74 of 2021-2nd November, 2021

Consolidated and revised this 31st day of December, 2022.

Arrangement of Regulations

Regulation

Regulation 1

Citation These Regulations may be cited as the Immigration (Transition) (Global Citizen Exemption) Regulations (2023 Revision). Definitions In these Regulations — “annual income”, in relation to an applicant, includes — (a) the annual salary of the applicant; (b) the annual salary of the applicant’s spouse or civil partner; (c) any employment bonus of the applicant and the applicant’s spouse or civil partner; (d) income from investments of the applicant and the applicant’s spouse or civil partner; (e) share dividends of the applicant and the applicant’s spouse or civil partner; and (f) any other form of recurring income of the applicant and the applicant’s spouse or civil partner, as approved by the Director of WORC.

Regulation 3

“Global Citizen” means a person who is granted a Global Citizen Certificate under these Regulations; and “Global Citizen Certificate” means the Certificate granted under regulation 3. Application for and grant of Global Citizen Certificate (1) A person who — (a) is employed outside of the Islands and intends to remain so employed if a Global Citizen Certificate is granted; (b) provides evidence to the Director of WORC that that person has a continuous source of annual income which is not less than the following minimum amounts —

Person/s to be present in the Minimum annual income of the applicant USD 100,000 Applicant and one dependant USD 150,000 Applicant and two dependants USD 168,000 Applicant and three dependants USD 186,000 Applicant and four dependants USD 204,000 Applicant and five dependants USD 222,000 Applicant and more thatn five dependants At the discretion of the Director of WORC; and (c) provides evidence that the income is generated outside of the Islands, may apply to the Director of WORC in the form provided by the Director of WORC for the grant of a Global Citizen Certificate and, in support of such application, shall provide information, documents and fees in accordance with these Regulations. (2) In considering an application under paragraph (1) the Director of WORC shall — (a) be satisfied that — (i) the applicant and any accompanying dependant are not prohibited immigrants as defined by the Customs and Border Control Act (2022 Revision); and (ii) the applicant and any accompanying dependant are of good character; and

Regulation 4

(b) request and consider such information and documents (including the applicant’s valid passport and the valid passport of any dependant) that the Director of WORC considers necessary in order to determine the application. (3) The Director of WORC, upon — (a) receipt and consideration of the application and the relevant information and documents; (b) receipt of the relevant fees specified in regulation 5; and determining that the applicant has satisfied all of the criteria under this regulation, shall grant to the applicant a Global Citizen Certificate. Terms and conditions of a Global Citizen Certificate (1) Where a person is granted a Global Citizen Certificate by the Director of WORC, the person shall be subject to the terms and conditions specified under paragraph (2). (2) A Global Citizen — (a) is exempt from Part 7 of the Act; (b) may enter and work remotely in the Islands for a period not exceeding twenty four months and — (i) where the applicant is in the Islands, this period shall commence from the date of the grant of the Global Citizen Certificate; or (ii) where the applicant is outside of the Islands, this period shall commence from the date the applicant first enters into the Islands; may exit and re-enter the Islands during the period of the Global Citizen Certificate; (d) shall reside and be physically present in the Islands for a minimum period of ninety days in aggregate in any year during the period of the Global Citizen Certificate; (e) shall only obtain one Global Citizen Certificate; (f) shall not offer or provide goods or services to any person or entity in the (g) may have a dependant or dependants accompany or join that person in the Islands if named in the Global Citizen Certificate; (h) shall possess health insurance coverage which the Director of WORC considers to be adequate for the global citizen and his or her dependants for the duration of the Global Citizen Certificate; and

Regulation 5

(i) may be subject to such other terms and conditions as determined by the Director of WORC, which terms and conditions shall be consistent with the Act or these Regulations. (3) Any period for which a Global Citizen is present in the Islands during the validity of the Global Citizen Certificate shall be considered legal and ordinary residence for the purposes of the Act. (4) A dependant of a Global Citizen who also wishes to work remotely from the Islands shall make his or her own application to the Director of WORC for a Global Citizen Certificate and shall be subject to the same provisions regarding the application for the Global Citizen Certificate and the same terms and conditions as set out in these Regulations, with any necessary changes as determined by the Director of WORC. Fees (1) Fees payable for the application for a Global Citizen Certificate are as follows —

Annual fee for a Global Citizen Certificate for an applicant and one dependant………………………………………...$1230

Annual fee for each dependant of an applicant (where there is more than (2) The fee due for the first year of the period of a Global Citizen Certificate is due upon submission of the application under regulation 3. (3) The fee due for the second year of the period of a Global Citizen Certificate is payable on or by the end of the first year of the period of the Global Citizen Certificate. Revocation or expiration of the Global Citizen Certificate (1) On the termination of employment of a Global Citizen the employer of the Global Citizen shall advise the Director of WORC of that termination of employment as soon as reasonably possible but no later than thirty days after the termination of the employment and the Global Citizen Certificate shall automatically expire on the date of termination of employment. (2) The Director of WORC may revoke the Global Citizen Certificate of a person who contravenes or fails to comply with these Regulations or the terms and conditions of the Global Citizen Certificate or on any of the following grounds — (a) the person organises or engages in subversive political activity, or organises, causes or promotes racism within the Islands or elsewhere;

Regulation 7

(b) the Director of WORC is satisfied that the information given in the person’s application for the Global Citizen Certificate was false in a material particular or concealed a material fact; the person has been convicted of an offence against the laws of the Islands; (d) the person has been convicted of an offence under the laws of another country, the nature of which offence would, in the opinion of the Director of WORC make that person’s continued presence in the Islands contrary to the public interest; (e) the person becomes destitute; (f) the person is found to be or suspected to be suffering from a serious mental illness or mental impairment as defined by the Mental Health Act (2023 (g) the person is medically certified to be suffering from a communicable disease that makes his or her continued residence in the Islands dangerous to the community; (h) the person is reasonably believed — (i) to be a prostitute and to have come to the Islands for the purpose of prostitution; or (ii) to be living on, or receiving, the proceeds of prostitution; (i) the person fails to maintain the minimum annual income stated in his or her application for the Global Citizen Certificate; (j) the Director of WORC is of the opinion that the person is no longer supporting, or able to support, a dependant previously included in the Global Citizen Certificate; (k) the person is delinquent, for a period of more than ninety days, with respect to the payment of the relevant fees relating to the Global Citizen Certificate; or the person is deemed by the Cabinet to be an undesirable inhabitant of the Expiration of regulations (1) These Regulations expire on 30th November, 2024 or such later date as the Cabinet may specify by notice in the Gazette, in any other official Government website or official means of communication. (2) An application for a Global Citizen Certificate under these Regulations shall be made no later than 31st October, 2022 or, in the case of an extension of these Regulations, no later than two years before the date of the expiration of these Regulations.

Regulation 7

Publication in consolidated and revised form authorised by the Cabinet this 10th day of January, 2023. Kim Bullings Clerk of Cabinet

Table of Legislation history: SL # Act/Law # Legislation Commencement Gazette 74/2021

Immigration (Transition) (Global Citizen Exemption) (Amendment) Regulations, 2021 3-Npv-2021 LG60/2021/s1 131/2020

Immigration (Transition) (Global Citizen Exemption) Regulations, 2020 16-Oct-2020 LG78/2020/s1

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