How does the application work at a high level, what rights does the family member receive, how long does the status last, and how can it become independent or longer-term where officially stated?
The dependant certificate permits residence without the right to work. After death of the principal holder or dissolution of the marriage or civil partnership, residence may be revoked; a surviving or former spouse or civil partner may apply for an independent-means certificate within three months, and residence continues while a timely application is decided. A dependent child's status normally ends at eighteen unless the principal certificate is varied for full-time tertiary education or special circumstances; a listed adult dependent of proven good character may apply for permanent residence under section 37. The official source does not state the application process.
See recorded sources
Limits of the record- The operational forms, fees and complete evidence checklist are not stated in the captured sections.
- sections 43(3)-(4), PDF text lines 2032-2050
(3) Upon —
(a) the death of the holder of a Residency Certificate for Persons of
Independent Means or a Certificate of Permanent Residence for Persons
of Independent Means; or
(b) the dissolution of the marriage or civil partnership of the holder of a
Residency Certificate for Persons of Independent Means or a Certificate
of Permanent Residence for Persons of Independent Means,
the right of the surviving or former spouse or civil partner to reside in the Islands
may be revoked at the discretion of the Director of WORC but the surviving or
former spouse or civil partner may, within a period of three months of any
revocation, apply for the grant of a Residency Certificate for Persons of
Independent Means or a Certificate of Permanent Residence for Persons of
Independent Means upon satisfying the requirements of this section.43
(4) Where an application for a Residency Certificate for Persons of Independent
Means or a Certificate of Permanent Residence for Persons of Independent
Means has been made within the period of three months from the date of any
revocation, the applicant’s right to reside in the Islands shall continue upon the
same terms and conditions of the revoked certificate until the Director of WORC
determines the application.
- section 44(1)-(3), PDF text lines 2060-2078
44. (1) The right of a dependent child to reside in the Islands as a dependant shall cease
upon the dependent child reaching the age of eighteen years unless that person’s
parent’s Residency Certificate for Persons of Independent Means or Certificate
of Permanent Residence for Persons of Independent Means has been varied to
reflect the fact that the dependent child is engaged in full-time tertiary education,
or the Director of WORC is satisfied that there are special circumstances.
(2) Where a Residency Certificate for Persons of Independent Means was issued
under this Act or any corresponding provision of an earlier Law, the Director of
WORC may vary it.
(3) A dependent child of the holder of a Residency Certificate for Persons of
Independent Means or a Certificate of Permanent Residence for Persons of
Independent Means who —
(a) was listed in the original application for the certificate;
(b) has attained the age of eighteen years; and
(c) is of proven good character and conduct,
may apply for permanent residence under section 37.
- sections 43(1)-(2), PDF text lines 2018-2031
43. (1) The spouse or civil partner and such dependants of the holder of a Residency
Certificate for Persons of Independent Means or a Certificate of Permanent
Residence for Persons of Independent Means as were listed on the application
and were approved by the Director of WORC shall be granted a Residency
Holders (Dependant’s) Certificate or a Certificate of Permanent Residence for
Dependants of Persons of Independent Means respectively.42
(2) The holder of a Certificate under subsection (1) is permitted, subject to this
section, to reside in the Islands without the right to work except that in the case
of a Certificate of Permanent Residence for Dependants of Persons of
Independent Means such Certificate may be varied under section 42(3) to allow
the right to work.
