A self employed person from a CARICOM Member State has the right to engage in non-wage earning activities of a commercial, industrial agricultural or artisanal nature.
Such nationals may create and manage economic enterprises, including any type of organization which they own or control (e.g. sole proprietorship, company, etc) for the production of or trade in goods, or the provision of services. Nationals exercising this right may move to another Member State on a permanent basis.
Affiliated with the right of establishment is the right to move the Technical, Supervisory and Managerial staff of such entities, as well as their spouses and immediate dependent family members. Persons within any of these five (5) named classes are not allowed to move in their own right unless they fall under one of the afore-mentioned nine (9) approved categories (where the member state recognizes these categories).
Several procedures have been approved for treatment of persons wishing to establish business enterprises in other member states. These involve:
A CARICOM National entering another Member State with a Skills Certificate issued by another Member State must be granted a definite entry of six months and has the right to work immediately. A CARICOM National entering with a Skills Certificate issued by the receiving country must be granted an indefinite entry.
It is advisable that Immigration Departments use stamps to indicate the current stay and status in the passport of the CARICOM National. In the case of definite entry the stamp may read “FREE MOVEMENT DEFINITE ENTRY – RIGHT TO WORK – VERIFICATION REQUIRED” and in the case of the indefinite entry “FREE MOVEMENT INDEFINITE ENTRY – RIGHT TO WORK”.
Immigration should indicate to a person who is entering with a Skills Certificate issued by another Member State that verification is required within the definite period of six months. Immigration should, in addition, advise the recipient of definite entry status of relevant information to complete the process leading to indefinite entry status.
This includes the requirement for a migrant CARICOM National to apply to the Competent Authority (usually the Registrar of Companies) of the receiving state, for registration of a business enterprise.