Interpretation

(1) In this Act, unless the context otherwise requires“alien” means a person who is neither a citizen of Belize nor a Commonwealth citizen; “Caribbean Community State” means a State which is a member of the Caribbean Community and a party to The Revised Treaty 7 of Chaguaramas establishing the Caribbean Community including the CARICOM Single Market and Economy; “Caribbean Community skilled person” means a national who is the holder of a qualification or performs an occupation as set out in the First Schedule to the Caribbean Community (Free Movement of Skilled Persons) Act; CAP. 17:02. “department” means the Border Management and Immigration Services Department; “departs” or “leaves” includes departure or leaving by any form of conveyance or on foot and references to departure and leaving shall, unless the context otherwise implies, be deemed to include references to attempting to depart or leave; “dependant” in relation to a national of a Caribbean Community State means– (a) the spouse of the national; (b) an unmarried adopted child of the national who was adopted in a manner recognised by the law, or an unmarried child or step-child of the national, who is– (i) under the age of eighteen; (ii) under the age of twenty-five and attending school or university as a full time student; or (iii) over the age of seventeen and who, due to disability, is wholly dependent on the (c) a parent or grandparent of the national, who is wholly dependent on the national; or 8 (d) any other natural person certified as a dependant, by order of the Court. “Director” means the person appointed by the Governor- General acting in accordance with the advice of the Prime Minister as the head of the government department responsible for border management and immigration, to be known as the Department of Border Management and Immigration Services ; “domicil” means the place in which a person has his present home or in which he resides or to which he returns as his place of present permanent abode and not for a mere special or temporary purpose; “emigrant” means a person who leaves Belize for a place outside Belize, whether for the first or at any subsequent time; “immigrant” means a person who enters Belize from a place outside Belize, whether for the first or at any subsequent time; “immigration officer” means an immigration officer appointed under this Act, the Senior Immigration Officer, or any police officer authorised by the Director to act on his behalf, and includes where the context permits the Director; “lands” or “enters” includes arrival or entry by any form of conveyance or on foot or by swimming, and references to landing or entering shall, unless the context otherwise implies, be deemed to include references to attempting to land; “master” means the person having command or charge of a “Minister” means the Minister responsible for immigration; “National” in relation to a person from a Caribbean Community State means– (a) a person9 (i) who is a citizen by birth, descent or naturalization of; or (ii) belonging to, a qualifying Caribbean Community State within the meaning of the laws of that State; or (b) a person who– (i) is a citizen of that State; (ii) has a connection with that State of a kind which entitles him to be regarded as belonging to or, if it be so expressed, as being a native of the State for the purposes of the laws relating to immigration; or (iii) is a company or other legal entity constituted in the Member State in conformity with the laws of the State and which that State regards as belonging to it, provided that such company or other legal entity has been formed for gainful purposes and has its registered office and central administration, and carries on substantial activity, within the Community and which is substantially owned and effectively controlled by persons mentioned in sub-paragraphs (i) and (ii); (c) an economic enterprise, including any type of organisation for the production of or trade in goods or the provision of services, other than a non-profit organisation, owned or controlled 10 by any person or entity mentioned in sub- paragraph (a); or (d) a company or other legal entity that is– (i) substantially owned if more than 50 per cent of the equity interest of the company or legal entity is beneficially owned by nationals mentioned under sub-paragraph (a); (ii) effectively controlled, if mentioned under sub-paragraph (a) have the power to name a majority of its directors or otherwise legally to direct its actions; “passport” means a valid passport referring to the person producing it, furnished with a photograph of such person and duly issued to him by or on behalf of the Government of the country of which he is a subject or a citizen, and for a period which, according to the laws of that country, has not expired, and includes a certificate of identity or a travel permit and any other documents establishing to the satisfaction of the immigration officer the nationality and identity of the person or persons to whom it refers; “qualifying certificate” means a certificate of recognition of Caribbean Community skills issued by a Caribbean Community State; “spouse” includes– (a) in relation to a woman, a man who is living with or has lived with the woman as her husband, for a period of not less than five years, neither person being married to anyone else or each other, immediately preceding the date of the application under this Act; or 11 (b) in relation to a man, a woman who is living with or has lived with the man as his wife, for a period of not less than five years, neither person being married to anyone else or each other, immediately preceding the date of the application under this Act; “step-child” means the child of one’s spouse; “stowaway” means any person arriving in Belize on board any vessel who, by secreting himself on board the vessel, or by getting or remaining on board the same without the consent of the owner, consignee, master or other person entitled to give that consent, has obtained a passage on the vessel without having paid for it; “Treaty” means The Revised Treaty of Chaguaramas establishing the including the CARICOM Single Market and Economy; “vessel” includes any steamship, ship, vessel, sloop, boat or other floating craft and any description of aircraft, motor vehicle or any animal drawn cart. (2) For the purposes of this Act– (a) a person shall not be deemed to have acquired a domicile in Belize unless he has resided therein for at least two years otherwise than– (i) under terms of conditional or temporary residence permitted by this Act or any other enactment in Belize; (ii) as a person under detention in a prison or reformatory, or other place for the reception of prisoners found guilty of offences; or 12 (iii) as a person under detention in an orphanage, mental hospital or a leprosy asylum; (b) a person shall be deemed to have lost his domicile in Belize if he voluntarily goes and resides outside Belize (except for a special or temporary purpose) with the intention of making his home outside Belize; and “domiciled” shall have a corresponding meaning. (3) For the purposes of this Act a person shall be deemed to belong to Belize– (a) if he is a citizen of Belize; or (b) if he is a Commonwealth citizen and; (i) was born in Belize or of parents who at the time of his birth were domiciled or ordinarily resident in Belize; or (ii) has been ordinarily resident in Belize continuously for a period of seven years or more and since the completion of such period of residence has not been ordinarily resident in any place outside Belize continuously for a period of seven years or more, provided that any person whoCAP. 136. R.E 2000. (a) falls within the definition of “convicted persons” in section 2 of the Deportation (British Subjects) Act, the offence for which he is convicted being one which, in the opinion of the Minister, indicates that he is or has been 13 conducting himself in a manner dangerous to peace, order and good government; or CAP. 136. R.E 2000. (b) falls within the definition of “undesirable persons” in section 2 of the Deportation (British Subjects) Act by reason of the fact that, in the opinion of the Minister, he is or has been conducting himself in a manner dangerous to peace, or good government, shall not be deemed to belong to Belize, if the Minister so directs; (c) if he has obtained the status of a British subject by reason of the grant by the Governor of a certificate of naturalisation under the British Nationality and Status of Aliens Act 1914, 4 & 5 Geo, 5, c.17 or the British Nationality Act 1948, 11 & 12 Geo. 6, c. 56; (d) if he is a dependent of a person to whom any of the foregoing paragraphs applies. (4) For the purposes of this Act, a person shall be deemed to belong to a particular place outside Belize if he is a national of the country or state of which that place forms part or of which it is a dependency and– (a) was born in that place or of parents who at the time of his birth were domiciled or ordinarily resident in that place; or (b) is domiciled in that place; (c) has been ordinarily resident in that place continuously for a period of seven years or more and since the completion of such period of residence has not been ordinarily resident in any other place continuously for a period of seven years or more; or 14 (d) is a dependent of a person to whom any of the foregoing paragraphs applies. (5) For the purposes of this Act, a person enters Belize if he arrives therein by land, sea or air; and a person leaves Belize if he departs therefrom by land, sea, or air.