The permission to enter shall be irrevocable, except for where a Member State can prove that a CARICOM National is “undesirable” or would become “a charge on public funds” wherein the scope of the refusal and the grounds on which it is should be based must be interpreted narrowly and strictly and the burden of proof must rest on the Member of State that seeks to invoke either ground.
The concept of undesirability must be concerned with the protection of public morals, the maintenance of public order and safety and the protection of life and health. While Member States have some discretion when invoking this exception, the scope of the concept of “undesirable persons” is subject to control by the major Community Organs, particularly the Conference, and ultimately by the Court as the Guardian of the Revised Treaty of Chaguaramas. Refusal on the basis of undesirability must be based on National law and on Community law but where the former is inconsistent with Community law, the latter must prevail.
A CARICOM Member State is entitled to assess on a strict, narrow, case by case basis whether a visiting CARICOM National may become a charge on public funds during his/her stay in the country. An assessment of whether a CARICOM national is likely to become a charge on public funds rests on whether the national appears to be in a position to support himself/herself during his/her intended length of stay.
In seeking to make such an assessment, a Member State must investigate whether the CARICOM National has sufficient funds for the period he/she intends to stay (as evidenced by the CARICOM National’s return ticket). The relevant factors may include cash, credit cards, access to funds, or being hosted in the receiving country. A Member State shall note that it is not reasonable to require a visiting CARICOM National to show sufficiency of funds for a period of six months if the person does not intend to stay that long.
Immigration officials may, therefore, ask to see the return ticket, as evidence of the intended length of stay. If the CARICOM National does not have a valid return ticket, the national may be given the opportunity to obtain one.
Below are the main elements needed to ensure safe and hassle free travel throughout all the CARICOM national states.
Only passports will be accepted for intra-regional travel (except within the Organization of Eastern Caribbean States (OECS). Member States must issue a machine readable CARICOM Passport to their citizens. The CARICOM Passport is a national passport issued in accordance with agreed regional specifications. These specifications relate to the cover and inside pages at this point in time.
Member States are required to have at points of entry lines, which clearly separate CARICOM Nationals from Non-CARICOM Nationals. CARICOM Nationals passing through these lines must be treated in a similar manner as Nationals of the receiving country. They must not be treated differently (National Treatment). Furthermore, CARICOM Nationals should be treated more favourably than Non-CARICOM Nationals (Most Favoured Nation Treatment). This applies to Immigration as well as Customs.
Member States are required to introduce the Common E/D Form, which was adopted before Cricket World Cup (CWC) 2007. This form has the Customs data at the back.
CARICOM Nationals travelling to other Member States should be granted a definite entry of six (6) months, irrespective of the reason of their visit, subject to the right of Member States to reject undesirable persons and to prevent persons from becoming a charge on public funds.
The following procedures must be in effect in Member States to facilitate the entry of CARICOM nationals in the Community:
All CARICOM Nationals travelling within the Community should enter the special immigration lines designated for CARICOM Nationals.
CARICOM Nationals travelling within the Community should produce the following form of identification to the Immigration Officials at the point of entry:
The Community traveller should present his/her immigration (ED) form indicating the required period of stay.
The Immigration Official, having satisfied him/herself that all security and other reasonable precautions are taken, shall grant entry for a period of no less than six (6) months.
The following procedures must be in effect in Member States to facilitate the entry of CARICOM nationals in the Community:
A CARICOM national arriving in, transiting or departing a Caribbean Community Member State, and or seeking to exercise a right under the CSME, may have had certain experiences about which he / she wishes to file a complaint with the relevant authorities. The experience(s) may have been at a port of entry, after entry into a Member State, or both.
It is recognized that a CARICOM national should be afforded prompt judicial review of a decision taken under any of the free movement regimes including the right of entry. Prior to making a complaint concerning a decision taken under any of the free movement regimes, the CARICOM national should seek judicial review of the decision if this is available and it is feasible for him/her to so do. Failure to seek judicial review will not preclude a CARICOM national from filing a complaint.
Introduction
Under the free movement of skilled CARICOM Nationals within the CSME as set out in Chapter Three (3) of the Revised Treaty of Chaguaramas. Article 45 of the revised Treaty of Chaguaramas states that:
“Member States commit themselves to the goal of the free movement of their nationals within the Community”.
Article 46 of the Revised Treaty and successive Decisions of the Conference of Heads of Government and various Councils of CARICOM, require Member States to implement a series of legal and administrative measures to ensure that all eligible categories (as agreed by the Council of Trade and Economic Development) of CARICOM Skilled Nationals can exercise their right as wage earners or non-wage earners to seek employment or engage in gainful legitimate economic activity.
Under the CSME, the free movement of persons across the region entails the removal of work permits for all eligible categories of persons (as agreed by Council of Trade and Economic Development). As at 2014, eligible categories are those shown in the adjacent box.
Graduates, for the purpose of the free movement of skills, are persons who have obtained at least a Bachelor’s degree from a recognized university or a professional qualification which is equivalent to at least a Bachelor’s degree.
These are persons whose primary source of income is drawn from media and media-related work or persons who are qualified to enter this field.
Such persons perform the functions of:
These are persons who are active in or qualified to enter a particular field of sports with the specific purpose to earn a living as a professional or semi- professional.
Such persons perform functions such as, but not limited to:
These are persons who are active in or qualified to enter a particular field of art with the specific purpose to earn a living.
Artistes perform functions, such as, but not limited to:
Visual
Performance
Literary
Cultural workers/
managers/ technicians
These are persons who are active in or qualified to enter a particular field of music with the specific purpose to earn a living.
Such persons perform functions, such as, but not limited to:
These are persons who have successfully completed basic or higher level training for nursing; who are registered with the General Nursing Council of a CARICOM Member State and are designated Registered Nurses.
Teachers are persons who have successfully completed an approved pre-service or in-service teacher preparation programme from an accredited/recognized institution offering teacher education.
An artisan is a skilled workman/woman or craftsman/woman.
International Standard Classification of Occupations (ISCO)-88 gives the following description:
“Craft and related trades workers applying their specific knowledge and skills in the fields of mining and construction, form metal, erect metal structures, set machine tools’ or make, fit, maintain and repair machinery, equipment or tools, carry out printing work as well as produce or process foodstuffs, textiles, or wooden, metal and other articles, including handicraft goods.
The work is carried out by hand and by hand-powered and other tools which are used to reduce the amount of physical effort and time required for specific tasks, as well as to improve the quality of the products. The tasks call for an understanding of all stages of the production process, the materials and tools used, and the nature and purpose of the final product.
Tasks performed by craft and related trades workers usually include: extracting and working solid minerals; constructing, maintaining and repairing buildings and other structures; casting, welding and shaping metal; installing and erecting heavy metal structures, tackle and related equipment; making machinery, tools, equipment, and other metal articles; setting for operators, or setting and operating various machine tools; fitting, maintaining and repairing industrial machinery, including engines and vehicles, as well as electrical and electronic instruments and other precious-metal articles, pottery, glass and related products; producing handicrafts; executing printing work; producing and processing foodstuff and various articles made of wood, textiles, leather and related materials. Supervision of other workers may be included.”
CARICOM Nationals who are eligible must be holders of an Associate Degree of Equivalent Qualifications who have obtained an Associate Degree from an accredited/recognized university or college or have obtained a professional, technical or vocational qualification which is comparable to an Associate Degree.
At its Sixteenth Meeting held in Guyana on 10-12 October 2007, the Council for Human and Social Development (COHSOD) agreed that comparable qualifications will be:
