The Barbados Bar Association (BBA) is seeking clarification on the legal status of the just implemented full free movement initiative between Barbados, Belize, Dominica and St Vincent and the Grenadines.
In a media release yesterday, BBA, which is headed by president Kaye Williams, questioned the operation of the full free movement given that it still does not have parliamentary approval.
Prime Minister Mia Amor Mottley, in a public statement on the eve of the historic October 1, initiative, reported that Cabinet had approved the policy framework and the bill is expected to be laid this Tuesday in Parliament.
“There is no prejudice to anyone wishing to come, given the fact that they are already entitled to six months under the current arrangements and will not be prejudiced in any way pending the legislation’s passage through Parliament,” Mottley said.
The BBA noted: “In light of concerns raised by members and the recent press and communications disseminated by the Government Information Service (GIS), the association is seeking urgent clarification on several matters of concern.
Parliamentary oversight
“The announcement states that, with effect from October 1, 2025, nationals of Barbados, Belize, Dominica and St Vincent and the Grenadines will enjoy ‘full and free movement’ the right to enter, live, work, study and remain indefinitely in each other’s territories, without a Skills Certificate or work/ residency permit. The concern that exists is whether the Executive may implement these initiatives without first obtaining parliamentary oversight. In other words, can the Immigration Department legally grant a status called ‘indefinite stay’, or is an amendment to the Act first required?
“The power to impose these initiatives is inherently a legislative power, constitutionally vested in the Legislature. These are fundamental principles of the separation of powers of the organs of the state as established by cases such as J. Astaphan (1970) & Co. v The Comptroller of Customs and the Attorney General of the Commonwealth of Dominica and Hinds v The Queen.”
BBA added: “It is our understanding that this initiative is grounded in the Protocol on Enhanced Cooperation, adopted by CARICOM heads of government which allows smaller groups of member states to pursue deeper regional integration projects.”
The Bar Association asked for clarification on the implementation of the full free movement vis-à-vis the Caribbean Community Act that gives domestic legal effect to the Revised Treaty Of Chaguaramas, the Protocol on Enhanced Cooperation for the four participating countries, the
Caribbean Community (Movement of Skilled
Nationals) Act and the Immigration Act.
In relation to the Caribbean Community Act and the changes to the skills certificate regime BBA noted: “Public announcements have indicated that nationals of the participating countries seeking to work no longer require a Skills Certificate at the time of entry. The BBA is seeking clarification on the amendments that permitted this to occur on October 1. At present, the principal domestic legislation governing CARICOM free movement is the Caribbean Community (Movement of Skilled Nationals) Act, Cap. 186A, as amended. This Act created a Skills Certificate regime and provided for defined categories of nationals to live and work in Barbados.
Widened categories
“The candidates were subject to application, verification and certification. The original legislation contemplated ‘skilled workers’, UWI graduates, however, last year there were amendments to the Act.
The 2024 amendments widened these categories to include agricultural workers, domestic workers and private security officers. The broader issue is that, notwithstanding these expansions, application to the Accreditation Council and the Skills Certificate regime was still required.”
Consequently, the legal community further explained that in terms of the creation of an indefinite status this cannot occur unless legislated.
Amendments
“The Immigration Act remains the central statute regulating entry, stay and employment of non-nationals in Barbados. The BBA is also seeking clarification on the amendments to the Immigration Act to create “indefinite stay status”. Public communication has also stated that nationals of the participating countries may enter and remain indefinitely without work or residency permits, or enter to study without a student visa.
“Any person who is not a citizen of Barbados or a permanent resident generally requires a work permit to be employed in Barbados. Applications are made to the Chief Immigration Officer but require the approval of the minister.
“However, these powers are not unlimited: they are exercised within the four corners of the Act. For example, the minister cannot confer ‘indefinite stay status’ for residence or exemption from permits unless Parliament has so legislated. In its current form, therefore, the Immigration Act does not contemplate a blanket entitlement to indefinite entry, residence, or employment for nationals of specific CARICOM Member States without a work permit.”
The Association went on to ask the following questions: 1. What legislative instrument took effect on October 1, 2025, to give binding legal force to the vannounced policy? The Bar (BBA) appreciates the fact that once Barbados signs the protocol, it is required to treat to it as if it were in force through the provisional application provision (Art III).
2. In the absence of amendments to the Caribbean Community (Movement of Skilled Nationals) Act or the Immigration Act, under what authority will Immigration officers and the minister act to grant indefinite entry and residence rights to nationals of the four countries? Entry is automatic under the 2007 Conference decision’s right of entry and stay for up to six months but persons using this right are not allowed to seek employment or work. The national regime has to provide them with a status to do so.
3. From the press releases and the relevant Conference decisions. the intention appears not to require work permits. Of the existing work permit regime, will the nationals of these four countries be exempt by operation of law?
4. Will there be a defined administrative process such as registration on arrival, to give structure to these rights and provide certainty to both nationals and host states?
It added: “The BBA emphasises that seeking clarity on these issues is not a matter of academic interest. Our members are already fielding questions from clients and the public who wish to know their rights and obligations after October 1, 2025. Large business owners are also seeking to access these rights. A clear legal framework for citizens, businesses and even immigration officers is required so they may not act beyond what existing law permits.” (MB)
