A passport and papers on a dark desk — immigration law and work permits in Trinidad and Tobago

Practice Immigration Law

Immigration Lawyer in Trinidad and Tobago

Ius soli, ius sanguinis By the soil, by the blood

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Work permits and the exemptions from them, permission to enter and remain and its extension, residence, citizenship and naturalisation, CARICOM skills certificates, and the defence of people facing a special inquiry or removal from Trinidad and Tobago.

Which of these is you?

Ask about this

Have an immigration matter?

Say what status you hold, when it expires, and what you are trying to do or answer.

Make an enquiry Call +1 (868) 338-8895

What this covers

  • Work permits applied for by the employer, for a named person, for a fixed period
  • Work permit exemptions including the thirty-day rule and CARICOM skilled nationals
  • CARICOM skills certificates the certificate that lets a qualifying CARICOM national work here without a permit
  • Extensions of stay applied for before the permitted time runs out, not after
  • Residence applying to live here
  • Citizenship and naturalisation under the Citizenship of the Republic of Trinidad and Tobago Act
  • Family members of citizens and of people with status here
  • Special inquiries the hearing that decides whether someone is to be removed
  • Deportation orders the twenty-four-hour appeal, and judicial review

Handled elsewhere

Two passports beside a folder headed Visa Application and a travel itinerary, an airport apron at dusk beyond — visa applications
A purpose, a period, a permission

How it works

Everything begins with a consultation. You set out who you are, what status you hold now, and what you want — to work, to stay, to bring family, to become a citizen, or to answer an allegation. That conversation is for working out what permission exists, when it ends, and what stands between you and the status you need.

  1. The status. What permission you hold, when it expires, and whether any breach has already occurred — because that changes what can be applied for.
  2. The application, or the defence. The papers assembled and filed, or the case for the special inquiry prepared.
  3. The decision. Granted; or refused and challenged; or the inquiry concluded and any order contested.

In detail

Status is specific

A person's status in Trinidad and Tobago is specific: a purpose, a period, a permission. Working on a visitor's entry, staying past the date stamped in the passport, working for an employer other than the one on the permit: each is a breach, and a breach is what a special inquiry is about. Most of the trouble in this area starts with someone assuming their status was broader than it was.

Work permits

A non-national who wants to work here needs a work permit unless an exemption applies. It is applied for online to the Ministry of Homeland Security, it is tied to a named person, a named employer and a fixed period, and it is obtained before the work starts, not after. The main exemptions are citizens and residents, holders of a CARICOM skills certificate, and one period of work of not more than thirty days in every twelve consecutive months, which needs no application.

CARICOM skills certificates

CARICOM nationals in the twelve approved categories (university graduates, holders of associate degrees, artistes, musicians, media workers, sportspersons, nurses, teachers, artisans, domestic workers, agricultural workers and private security officers) can apply for a skills certificate, and the holder of one does not need a work permit. The certificate is issued through the Ministry of Foreign and CARICOM Affairs under the Immigration (Caribbean Community Skilled Nationals) Act. A certificate issued by another CARICOM state must be verified by the Ministry within six months of arrival.

Extensions, residence and citizenship

Permission to remain runs out on a date, and the application to extend it is made before that date. Residence and citizenship are separate applications, under the Immigration Act and the Citizenship of the Republic of Trinidad and Tobago Act respectively, each with its own requirements, and the order in which they are made matters.

Special inquiries and deportation

Where the Immigration Division alleges a breach, the person may be brought before a special inquiry, held by a Special Inquiry Officer, which decides whether they are to be removed. It is a hearing, with evidence and the right to be represented, and it is where most of the defence work in this area is done. But someone who has overstayed or broken the conditions of their entry can also be deported by order of the Minister, without an inquiry and without an appeal. A deportation order made at a special inquiry can, with some exceptions, be appealed to the Minister, but the notice of appeal must be served within twenty-four hours, and the appeal stops the order being carried out until it is decided. Someone who claims to be a citizen or resident can also appeal to a judge of the High Court. Otherwise the lawfulness of a decision is challenged by judicial review, though the Act limits what the courts can do about the detention or deportation of anyone who is neither a citizen nor a resident.

What is done here

The application put together so that it is granted the first time, the status kept in order so that no inquiry ever arises, and, where one has, the person in front of it represented.

A binder headed Residence Application with a folder marked Work Permit, a passport and a checklist — residence and work permits
Residence and citizenship are separate applications

Questions

What are the requirements for a work permit in Trinidad and Tobago?

The employer applies online to the Ministry of Homeland Security for a named person, for a fixed period, and the permit must be in hand before the work begins. The documents the Ministry requires depend on the job and the person, and an incomplete application will not be processed. The main exceptions are citizens and residents, holders of a CARICOM skills certificate, and one period of work of up to thirty days in every twelve consecutive months, which needs no application.

Can a CARICOM national work in Trinidad and Tobago without a work permit?

Yes, with a CARICOM skills certificate, if they fall within one of the approved categories. The certificate is issued through the Ministry of Foreign and CARICOM Affairs, and a certificate issued by another CARICOM state must be verified by the Ministry within six months of arrival. A CARICOM national setting up a business, or providing services, here can instead apply for an exemption under the right of establishment. Otherwise a work permit is needed, as for anyone else.

How do I extend my stay?

By applying to the Immigration Division before your current permission expires. An application made after the date has passed starts from a breach, and the position is different.

How do I become a citizen of Trinidad and Tobago?

Citizenship comes by birth here, or by descent if you were born abroad and, when you were born, a parent or grandparent was a citizen, including by descent. A claim by descent needs no residence here. A certificate of citizenship for a child born abroad is applied for by a parent, guardian or grandparent before the child comes of age, or by the child as an adult. Other routes, by registration or naturalisation under the Citizenship of the Republic of Trinidad and Tobago Act, each have their own requirements.

What is a special inquiry?

The hearing before a Special Inquiry Officer that decides whether a person alleged to be in breach of the Immigration Act is to be removed. You are entitled to be represented, and the case is made on evidence. A deportation order made there can, with some exceptions, be appealed to the Minister, but only by notice served within twenty-four hours, and someone who claims to be a citizen or resident can appeal to a High Court judge.

I have overstayed. What happens now?

You are in breach. You may be brought before a special inquiry, or the Minister may order your deportation directly, without an appeal. Waiting to be found does not improve the position. The first step is establishing exactly what your status was and when it ended; the second is deciding whether to regularise it or to prepare for the inquiry.

Begin

Say what your status is.

Your nationality, what permission you hold now and when it ends, and what you want to do. Bring the passport.

Make an enquiry Call +1 (868) 338-8895