Enforcement, transparency and protection of locals must be non-negotiable

Introduction

Overall, I believe the revised Immigration Act and the Immigration Regulations are comprehensive and modern and in line with International Standards used in other countries such as Cayman and Bermuda.

It enhances border security, enforces market control, and creates clearer routes to long-term residency.   However, the real test will be the enforcement of this Act and the Regulations and more importantly whether the system truly protects Turks and Caicos Islanders in practice and not just in theory.

What is good about the Act and Regulations

The Act provides the Government with authority to tighten control over immigration. The act allows the introduction of Advanced Passenger Information, stop lists, ticketable offenses and expanded powers of the Border Force offices. Work permits are subject to labour market testing, business staffing plans, and term limits.

Enforcement is critical

Even though we may now have strong Acts and Regulations, they mean nothing if they are not enforced. To have an effective enforcement means we need trained officers, clear decision-making guidelines, reliable data system, one rule for all and coordination among the various stakeholders and departments.

Are Turks and Caicos Islanders fully protected?

Legally, our protection is mostly indirect.  The Act assumes that market labour testing, permit controls and administrative discretion will protect TC Islanders. The Act does not clearly state that the primary objective is to protect Turks and Caicos Islanders.

There is no explicit clause requiring decision-makers to prioritise Islander employment, wages, skills development, or long-term demographic balance. Furthermore, there is currently no obligation for public disclosure regarding the annual number of work permits or permanent residence certificates issued, nor is there reporting on the impact these decisions have on Islanders.

What was left out? – Suggestions to fix the omissions

The Act may be enhanced by incorporating explicit provisions for the protection of Turks and Caicos Islanders, while maintaining an environment that encourages investment and migration to the islands.

The following proposed amendments are recommended

• A guiding principles clauserequiring all immigration decisions to prioritise the economic, social, and cultural interests of Turks and Caicos Islanders.
• An express Turks and Caicos Islander employment priority, making it clear that work permits should only be granted when no suitably qualified or trainable Turks and Caicos Islander is available.
• Mandatory skills transfer and succession planning, ensuring work permits help build local capacity.
• Stronger penalties for employers who use “paper compliance” tactics to avoid hiring locals.
• Annual labour market reports to improve transparency and public confidence.
• Safeguards to prevent non-Turks and Caicos Islander from depressing local wages and working conditions or undermine established employment standards.
• A requirement to consider family unity and the best interests of children in discretionary decisions.

Reinstate Immigration Appeals Tribunal

Another key area that was left out or removed is the Immigration Appeals Tribunal. Many of the immigration decisions are no longer subjected to Immigration Appeals Tribunal but now subjected to the Minister or a challenge in the Supreme Court. 

The Appeals Tribunal should be retained as it will be more independent.

Reduce the Work permits fees for senior, managerial and professional roles

While the high fees imposed on managerial and professional work permits were put in place to deter employers from relying on foreign labour, the reality on the ground tells a different story. The local labour market in many sectors is already saturated, leaving businesses with limited options but to look overseas for experienced talent. Instead of protecting jobs, the cost of a work permit ranging from $7,500 to $9,500 per permit is placing additional financial strain on local businesses, particularly small and medium-sized enterprises.

Many local companies need to hire senior professionals but work permit costs are too high.  As a result, I advise the Government to lower the cost of work permits to help maintain business operations, promote economic growth, and enhance competitiveness.

Subjective categories

The terms “extraordinary achievements” and “assimilation and service propensity” are very subjective.  I recommend the implementation of a publicly available scoring guideline, otherwise, there will be a perception of favoritism and lack of transparency.

Point system

The point system is useful for evaluating applications, but assigning points requires care and consideration.

For example, only 5 points are allocated to spouse skills, a weighting that does not reflect the social and economic value of keeping families together. When skilled migrants arrive with employable spouses, the country gains a more stable workforce, quicker integration, and lower social costs and issues. I recommend a minimum of 10 points be allocated to spouse skills.

Remove the Governor from our immigration processes

I think we should remove all references to the Governor in our immigration Act. The Governor’s role should remain neutral and not influence immigration issues, except for cases involving national security or international obligations.

Every mention of the Governor should instead refer to an Independent Review Body,

Conclusion.

There are some typographical errors, numbering inconsistencies, and formatting issues, particularly in Schedules and cross-references. These need to be corrected to avoid any interpretative disputes.

However, as mentioned in the introductory, the Act and Regulations represent a comprehensive reform. The success of course will depend on balancing enforcement with fairness, ensuring transparency and accountability and protecting Turks and Caicos Islanders.