Free Movement of Managerial, Supervisory and Technical Staff

Letter of Request for Free Movement of Managerial, Supervisory and Technical Staff

A self-employed person or a Company (that is the employer) must submit a letter of request to the Free Movement Desk so that it can be considered by the Competent Authority in the Member State in which free movement is requested for managerial, supervisory and technical staff. A copy of the employment contact must be included in the request.

The Free Movement Committee will consider these requests on behalf of the Competent Authority and will inform the employer about the outcome. Managerial, supervisory and technical staff do not have the right to free movement, so no Certificate will be issued, but the employer will receive a letter stating that their free movement has been approved and their passports must be submitted to Immigration in order to be stamped. These persons will be granted free movement in accordance with the duration of their employment contract.

Procedure at Port of Entry
CARICOM Nationals who wish to move from one CARICOM Member State tp another in order to establish a business will have to present the following at point of entry:
i. Valid passport
ii. Return ticket
iii. Proof of financial resources for personal maintenance, such as credit cards, travelers cheques, cash or combination   thereof.
Immigration will grant the CARICOM National a definite stay of 6 months

Procedure after entry
Each Member State must designate a Competent Authority of Right of Establishment. After entry has been granted the CARICOM National must submit to the Competent Authority, relevant proof of legitimacy, such as;
• Police Certificate
• Financial Resources
• Business Name(s) Certificate / Certificate of Incorporation.

Letter of Approval from the Competent Authority
The Competent Authority will determine if all requirements to establish the particular business have been satisfied. Once all requirements are satisfied, it will issue a letter of approval to the CARICOM National, copied to the Immigration Department. If the business is established within the 6 month period then the CARICOM National must report to the Immigration Department to further regularize his / her stay with the following document:

Indefinite Stay
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 a 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 there is full free movement in the Community.

Extension of Stay
In the event that the business is not established within 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 provide, the CARICOM National will be granted an extension of 6 months.

Rubber 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 -
i. Right of Establishment – Definite Entry of 6 months;
ii. Right of Establishment – Extension; and
iii. Right of Establishment – indefinite Entry

A CARICOM national whose passport is stamped with one of the above is automatically entitled to Immigration Status of Managerial, Supervisory and Technical Staff

The immigration status of such relevant staff will be linked to the rights of the businesspersons. The contracts of these staff members will be taken into account.

Rights of Spouse and Immediate Dependent Members of the Family

Spouses and immediate family members currently have the following right;
• the right to move with or to join the principal mover in the host country;
• freedom of movement, including freedom to leave and re-enter the host country without seeking further permission.

Irrevocability of Permission of Refusal to Enter

The permission to enter shall be irrevocable, except for cause and by a procedure which would render at least a member of some category of citizens of the host country liable to deportation, extradition or other from of expulsion.

A Member State can refuse a qualified CARIOCM National entry into its territory if there are sufficient grounds to believe that the CARICOM National will pose a serious threat to public order, public health and public security.

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