The Bold Colorful Flag of Antigua and Barbuda
In June 1995, the government introduced a permanent residence scheme to encourage a limited number of high net worth individuals to establish tax residency tax in Antigua and Barbuda. As residents all their income would be free of local tax.
To obtain a permanent residence certificate an applicant must:
● a permanent place of abode in Antigua and Barbuda
● an alien landholding licence costing 5% of the property value
● a purchaser’s stamp duty of 2.50%
● an annual levy of US$20,000/annum
● in Antigua and Barbuda for not less than 30 days a year
An official of the High Commission of Antigua and Barbuda in Washington, DC explained in a telephone interview with the Research Directorate on 24 October 2007 that the following pieces of legislation are relevant to citizenship in Antigua and Barbuda: The Antigua and Barbuda Constitutional Order 1981, The Antigua and Barbuda Citizenship Act and the Antigua and Barbuda Millennium Naturalization Act, 2004. The Official stated that the Constitution sets out general principals and the Citizenship Act addresses issues in more specific detail (Antigua and Barbuda 24 Oct. 2007). The Millennium Naturalization Act allows those who have been living in Antigua and Barbuda since 1 January 2000 to acquire citizenship (ibid. 2004).
Sections 112 to 114 of the Constitution outline who is entitled to become a citizen of Antigua and Barbuda (ibid. 1981). Citizenship can be acquired by birth, descent or naturalization (ibid.). In particular, the Constitution states that citizenship is to be granted to those who were born in Antigua (the term used before independence) on or before 31 October 1981 (ibid. Sec. 112a). Those born outside Antigua on or before 31 October 1981 also automatically obtained citizenship, if a parent or grandparent was a citizen (ibid., Sec. 112b).
Those who marry a citizen can register to become a citizen of Antigua and Barbuda (ibid.). A commonwealth citizen who had lived in Antigua for more than seven continuous years before 31 October 1981 could likewise register to become a citizen (ibid., Sec 114c).
A True Marina of the Islands
The Antigua and Barbuda Citizenship Act states that citizens are entitled to renounce their citizenship by making a declaration (ibid. 19 Aug. 1982, Part 3, Sec. 7 (1)). Information on the nature of this declaration is was not available among the sources consulted by the Research Directorate. The Citizenship Act also outlines, in detail, the grounds and procedures for revoking citizenship (ibid, Part 3, Sec. 8-11). Those convicted of treason or of a criminal offence that carries either the death penalty or a jail term of not less than seven years – and who have not received a free pardon – can have their citizenship revoked, subject to Part 3, Section 10 of theCitizenship Act (ibid., Sec. 9). Moreover, citizenship can be revoked if a citizen is convicted abroad of a criminal offence by a “competent court” and sentenced to more than 12 months in jail without obtaining a pardon (ibid., Part 3, Sec. 9 (1b)). Citizens who “by act or speech” demonstrate disloyalty to the country, assist enemies of the country during war or undertake activities harmful to the country’s safety can also have their citizenship revoked (ibid., Part 3, Sec. 9 (1c-e)).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.
