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Right to Establish

The right to work as a self employed person has been provided for in respect of persons wishing to engage in non-wage earning activities of a commercial, industrial agricultural or artisanal nature.

Such nationals may create and manage economic enterprises, including any type of organization which they own or control (e.g. sole proprietorship, company, etc) for the production of or trade in goods, or the provision of services. Nationals exercising this right may move to another Member State on a permanent basis.

Affiliated with the right of establishment is the right to move the Technical, Supervisory and Managerial staff of such entities, as well as their spouses and immediate dependent family members. Persons within any of these five (5) named classes are not allowed to move in their own right unless they fall under one of the afore-mentioned nine (9) approved categories (where the member state recognizes these categories).

Several procedures have been approved for treatment of persons wishing to establish business enterprises in other member states. These involve:

  1. Procedures at Point of Entry whereby Immigration must grant a definite stay of six (6) months, upon the national presenting a valid passport, return ticket and proof of financial resources for personal maintenance.

  2. Procedures post-entry. This includes the requirement for a migrant CARICOM National to apply to the Competent Authority (usually the Registrar of Companies) of the receiving state, for registration of a business enterprise.


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