UK GOVERNOR IN ANGUILLA, SUSPENDS ISSUE OF VISA WAIVERS

(Governor's Office, Anguilla) Press Statement: I have today, using powers conferred upon the Governor under the Constitution, issued directions to the Minister of Home Affairs to cease immediately issuing visa waivers to any person; to the Permanent Secretary at the Ministry of Home Affairs and his staff to cease immediately supporting the issue of any visa waivers by the Minister; and to the Chief Immigration Officer and her staff to cease immediately recognising such visa waivers or admitting persons holding them into Anguilla.
 
I have become concerned that the Minister’s practice of issuing visa waivers, which is not permitted under the Immigration and Passport Act and hence an abuse of his office, is threatening the security of Anguilla in a number of ways. Some of the waivers have been issued to known criminals; some to persons who have entered Anguilla with possible criminal intent – e.g. to engage in prostitution; there is a risk that some may have been involved in human trafficking, or may be seeking refugee status.
 
The normal procedure for persons wanting to enter Anguilla who are nationals of countries requiring visas is that they apply for a visa to the nearest British Embassy or High Commission who carry out checks and refer the request to the Anguilla Immigration Department for a decision. That decision is, according to the law, for the Chief Immigration Officer to make, not the Minister of Home Affairs. Hon Richardson’s practice has enabled several persons to enter Anguilla without the necessary checks being undertaken by the Immigration Department.
 
Executive Council drew up a policy for the issue of visa waivers some years ago, which allowed waivers to be issued by the Chief Immigration Officer in very limited and clearly defined circumstances – for example representatives of a foreign government visiting Anguilla on official business and individuals granted work permits by the Government of Anguilla.  Only a few such waivers are issued in a typical year. Hon Richardson has issued over 300 waivers since his appointment in February 2010, and the vast majority of these are to nationals of a particular Caribbean country.  Most of these waivers fall outside the limited and clearly defined category outlined in the established policy circumscribing the grant of waivers by the Chief Immigration Officer.
 
Executive Council this morning heard a briefing on the crime and security situation in Anguilla from the Commissioner of Police who explained in clear detail the link between visa waivers and possible criminal activity. Following this, I presented proposals to EXCO recommending that the practice of issuing visa waivers by the Minister of Home Affairs should cease, given the threat it presents to Anguilla’s security. By a majority, the Ministers on EXCO declined to accept my recommendations.
 
I have therefore reluctantly concluded that I need to exercise my residual powers under the Constitution which enables me to issue directions to Ministers and public servants in matters affecting the security of Anguilla, for which I am responsible. These directions suspend the practice of the Minister issuing visa waivers. The Chief Immigration Officer can still issue waivers in accordance with the established policy, but must report them immediately to EXCO.
 
Persons who have entered Anguilla on a visa waiver will be allowed to remain for the duration of the stay that has been allowed, but will not be able to extend it. Persons who are nationals of countries requiring visas to enter Anguilla who are in possession of a visa waiver but have not yet entered Anguilla should apply for a visa from the nearest British Embassy or High Commission in the usual way.