Frequently Asked Immigration Law Questions

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Q: I have seen the phrase "engage in gainful occupation" on immigration forms, what does this mean?

Engaging in gainful occupation means: To take and continue in any employment; or To practice any profession; or To carry on any trade; or To engage in business; or To engage in such other form of occupation as may be prescribed, where such employment, profession, trade, or business is taken or continued, or is practiced, carried on or engaged in either directly or indirectly for reward, profit or gain.

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Q: What are the functions of the Immigration Board?

To exercise a general supervision and control over matters concerning or connected with the entry of persons into the Bahamas, and the residence and occupation in the Bahamas of persons who are not citizens of the Bahamas or permanent residents.

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Q: What is necessary for a person to qualify for Permanent Residence?

There are several requirements that must be met in order for an individual to be considered by the Board of Immigration for permanent residence in the Bahamas. A hopeful applicant must: a) Be 18 years or over b) Be of good character c) Have stated on his/her application the desire to reside permanently in the Bahamas

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Q: When can a foreign spouse of a Bahamian apply for Permanent Residency?

Immediately if the applicant: Is married to a citizen of the Bahamas, Is not a citizen of the Bahamas or a permanent resident, Is not living apart from the other party to the marriage and, Being a husband, has so lived continuously with the other party to the marriage for a period of not less than five years.

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Q: If a Certificate of Permanent Residency is granted to a spouse of a Bahamian, can that foreign spouse have any restrictions on the Permanent Residency Permit?

No, Section 14 of the Immigration Act provides that where a Certificate of Permanent Residency is granted under these circumstances, the Permanent Residency Permit shall not contain any condition restricting the right of the holder to engage in gainful employment.

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Q: As a foreign male who has obtained permanent residency status in The Bahamas, can I apply to endorse my wife and children on the Certificate?

Yes, when a permanent residence certificate is granted under Section 13 of the Immigration Act, the Immigration Board may, in its absolute discretion, then, or on a subsequent application in the prescribed form endorse the certificate to apply to the wife or any dependent child of that person ordinarily resident with him.

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Q: How long will a permanent residence certificate remain valid once I obtain it? Does it ever expire?

A Permanent Residence Certificate shall remain in force during the lifetime of the person to whom it is granted, when and unless revoked.

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Q: When I apply for a work permit in the Bahamas can I request the permit to be for a specified time?

Yes, depending on the particular engagement, you can apply for a short term work permit or, indeed, you can apply for periods exceeding one (1) year.

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