Application for indefinite stay to establish or operate economic enterprise

(1) Notwithstanding the provisions of any other law, a national seeking to remain in Belize beyond the period stated in section 19H for the purpose, of establishing or operating an economic enterprise shall within 30 days from the date of expiration of that period, submit an application, in the prescribed form to the department together with– (a) a valid passport, valid for at least six months from the date of entry, issued to the national by a qualifying Caribbean Community State; (b) proof of financial resources; (c) the business name registration or a certificate of incorporation, for the economic enterprise the applicant intends to establish; (d) a business plan for the economic enterprise the applicant intends to establish; (e) where applicable, the equivalent Board of Inland Revenue and General Sales Tax registration numbers for the applicant, from the Caribbean Community State where the economic enterprise is registered; 33 (f) proof that the applicant is the title owner or the holder of a registered lease for the property the applicant intends to use for the business; (g) where applicable, written permission from the landlord or lessor to operate the economic enterprise from the premises; (h) proof of registration with the Social Security (i) where applicable, all relevant trade or professional licences that may be required for the operation of the economic enterprise; (j) a police record of– (i) the national; (ii) the spouse of the national; or (iii) any dependant, above the age of seventeen, of the national; and (k) the approved fee. (2) An application under sub-section (1) may include the spouse or any dependant of the applicant and the spouse or any dependant of the applicant shall be permitted to enter and remain in Belize for the same period that the national is permitted. (3) A national, the spouse or any dependant of the national, shall not engage in employment with an employer or as a self- employed person, while the verification of validity of the qualifying certificate is pending. (4) The department shall submit the business name registration or the certificate of incorporation for the economic enterprise which the national intends to establish, to the Company Registry for verification of its validity. CAP. 17:02. (5) Subject to section 5 of the Caribbean Community (Free Movement of Skilled Persons) Act, upon the written recommendation of the Ministry with responsibility for Trade, the department shall, within thirty days of submission of an application, under sub-section (1), approve or refuse the (6) Where an application is approved, the department shall grant indefinite stay to– (a) the national, to establish an economic enterprise; and (b) the spouse or any dependant of the national. (7) A national who is granted indefinite stay under sub- section (6), shall establish the economic enterprise within six months of the grant of indefinite stay. (8) Subject to section 5, where an application is refused, the national, the spouse or any dependant of the national, shall remain in Belize for a period not exceeding the expiration of the provisional period of entry stated under section 19H(1) or any extension period approved under sub-section (15). (9) A national under sub-section (6), may request, in writing, to the department, for any managerial, supervisory or technical staff of the economic enterprise to be permitted to enter and remain in Belize during the period of employment with the (10) A request under sub-section (9), shall– (a) be in relation to a person who is a national of a qualifying Caribbean Community State; and 35 (b) include the employment contract of the managerial, supervisory or technical staff. (11) The department may approve or refuse a request under sub-section (9). (12) Where the department approves a request, the department shall endorse the passport of the managerial, supervisory or technical staff, within thirty days of submission of the passport. (13) A national who was granted indefinite stay under sub- section (1), and has not established the economic enterprise within the period under section 19I(7), may submit an application to the department, for an extension of time to establish the economic enterprise, together with a letter outlining the steps taken by the national to establish the economic enterprise and indicating the reasons the economic enterprise is not established. (14) Where the department is satisfied with the explanation and reasons provided by the national under sub-section (13), the department shall approve an extension of no more than three months. (15) A national who is granted indefinite stay under sub- sections (5) or a request under sub-section (12), and is, no longer operating the economic enterprise or no longer employed with the national who made the request, shall immediately inform the department of the change in circumstance in order for the department to register the change in the status of the national. (16) The department shall rescind the indefinite stay or request granted to a national under sub-sections (5) or (12) where the reasons for the grant of indefinite stay or the permission no longer exists or has changed. 36