ENTRY-PROCEDURES ON THE RIGHT OF ESTABLISHMENT

Implementing Agency/Department

The Immigration Department or other department designated as such will be responsible for the implementation of the immigration procedures relating to Right of Establishment.

PROCEDURE AT POINT OF ENTRY

CARICOM Nationals who wish to move from one CARICOM Member State to another in order to establish a business will have to present the following at point of entry:

Valid passport

Return ticket

Proof of financial resources for personal maintenance, namely credit cards, travelers cheques, cash or combination thereof. 

PROCEDURE AFTER ENTRY

Immigration will grant the CARICOM National a definite stay of 6 months. Each Member State shall designate a Competent Authority for Right of Establishment. After entry has been granted the CARICOM National must submit to the Competent Authority, relevant proof, such as Police Certificate, Financial Resources, Business Names Certificate / Certificate of Incorporation. The Competent Authority will determine if all requirements to establish the particular business have been satisfied. Once all requirements are satisfied, the Competent Authority will issue a letter of approval to the CARICOM national copied to the Immigration Department.

If the business is established within the 6 months period then the CARICOM National must report to the Immigration Department to further regularize his / her stay with the following document.

APPROVAL FROM THE COMPETENT AUTHORITY

Immigration will grant the CARICOM National an indefinite stay. Member States will determine through the national mechanisms which have been established for that purpose, whether the business is operational. If the CARICOM National is no longer operating the business or another business the Competent Authority for Rights of Establishment will inform the Immigration Department, which has the right to rescind the indefinite stay or to indicate to the person that he / she needs to apply for a permit of stay and / or a work permit until such time that there is full free movement in the Community.

EXTENSIONS

In the event that the business is not established within the 6-month period, the CARICOM National should present to the Immigration Department or other relevant department so designated by the Member State, evidence from the Competent Authority that concrete steps have been undertaken to establish the business. Where such evidence is provided, the CARICOM National will be granted an extension of 6 months.

STAMPS

There shall be specific stamps for the definite entry of 6 months, the extension of 6 months and the indefinite stay with the following text –

Right of Establishment – Definite Entry of 6 Months

Right of Establishment – Extension; and

Right of Establishment – Indefinite Entry.

A CARICOM national whose passport is stamped with one of the above is automatically entitled to multiple entries into that Member States.