What immigration status and rights result, how long do they last, can family be included, and what happens if the special qualifying circumstance ends?
For Saint Helena’s current Long-Term Entry Permit, an ordinary permit may authorise a stay longer than 183 days for up to five years. Section 18(1A) allows an exceptional longer period only where the Governor in Council authorises the Board to grant it. Within the three months before expiry, the holder may seek renewal from the Board; it must renew for up to five years unless changed circumstances make renewal contrary to the public interest. The applicant must show means to support dependants, but the captured section does not itself grant them an included permit or automatic work rights. Employment covered by section 23 requires a separate work permit or employer certificate, but the statutory definition excludes Crown service, performance of a Crown contract and work by a person present for less than 183 days in the preceding year; section 23(2) separately excludes a dependant of a St Helenian status holder from its work-authorisation requirement. The Board may revoke the entry permit for fraud or material concealment, imprisonment after conviction, breach of immigration law, permit conditions or an undertaking. Revocation requires written notice stating grounds and appeal rights.
See recorded sources
Limits of the record- The evidence does not establish a general derivative family grant or onward permanent status for this permit. The 2026 replacement framework is approved but its commencement remains pending in the captured announcement.
- https://www.sainthelena.gov.sh/documents/Immigration-Ordinance.pdf
Entry permits
18. (1) Subject to this section and sections 19 and 20, an entry permit may be
granted to authorise an immigrant to enter and remain in St Helena for a period not exceeding
5 years.
(1A) The Governor in Council may, in exceptional circumstances, authorise the
Board to grant an entry permit for a period exceeding 5 years that the Governor in Council
determines.
(2) Every application for an entry permit, and every entry permit, must be in the
approved form.
(3) Regulations made under section 43 may prescribe the evidence to be produced
by an immigrant as to any matter relevant to his or her application for an entry permit, and
may (without limiting the power to make regulations) provide that a declaration made by the
immigrant (either in the application for an entry permit, or separately) is acceptable as
sufficient evidence of any fact.
(4) Regulations made under section 43 may prescribe circumstances in which an
entry permit may not be granted or may be granted only subject to prescribed conditions; and,
without limiting the power to make them, such regulations may provide that—
(a) an entry permit must not be granted to citizens of, or to immigrants who
have arrived from or travelled through, prescribed countries or places;
(b) in prescribed circumstances, a person may not be granted permission to enter St
Helena unless it has been granted prior to embarking on his or her travel to St
Helena;
(c) in prescribed circumstances, an entry permit must be granted only for a
prescribed period (being less than the maximum period mentioned in section
18(1) or 19(1)(a), as the case may be.)
(5) In a case to which regulations of the kind described in subsection (4)(b) apply,
an entry permit may not be granted after the immigrants leaves his or her country of origin.
- https://www.sainthelena.gov.sh/documents/Immigration-Ordinance.pdf
Long term entry permits
20. (1) The Board may grant an entry permit (a “long term entry permit”) to
an immigrant who—
(a) applies, in the approved form, for permission to enter, or remain in,
St Helena for a period exceeding 183 days;
(b) is in possession of a passport which is valid on the date of commencement of
the entry permit and will remain valid for at least 6 months after the expiry
of the permit;
(c) establishes to the satisfaction of the Board that he or she has the means to
provide for—
(i) the accommodation, food, clothing, health and welfare of himself or
herself and any dependants throughout the duration of the entry permit;
and
(ii) his or her and their repatriation to their place of domicile; and
(d) makes a declaration, in an approved form, concerning his or her character and
antecedents.
(2) At any time not exceeding 3 months before the expiry of a long term entry
permit, the person to whom it was granted may apply to the Board for renewal of the permit
and the Board (after such enquiries in the matter as it thinks fit to make) must renew the
permit (for a period not exceeding 5 years) unless it is satisfied that circumstances have
changed since the permit was granted or last renewed in such a way that it would be contrary
to the public interest to renew the permit.
- https://www.sainthelena.gov.sh/documents/Immigration-Ordinance.pdf
Restrictions on employment of immigrants
23. (1) In this Part, “employment” and “work” means to carry on or to be
employed in any profession, trade, business or vocation for gain or reward, whether as an
employee, agent, director or other officer of a corporate body, or as a self-employed person,
in partnership or otherwise, but does not include any work done by a person—
(a) in the course of his or her duties in the service of the Crown;
(b) in fulfilment of the provisions of a contract entered into on behalf of Her
15
Majesty (whether in right of Her Government of the United Kingdom or in right
of Her Government of St Helena) whereby goods or services are provided to
Her Government of St Helena; or
(c) who has been present in St Helena for less than 183 days in the period of one
year preceding the day on which the work is done.
(2) No immigrant, other than a dependant of a person who has St Helenian status,
may lawfully work in St Helena unless his or her presence in St Helena is authorised by an
entry permit (or the person is not required to have an entry permit by virtue of his or her
falling within section 17(1)(c) or 17(2)(c)) and his or her employment being authorised—
(a) in the case of a person doing work on a self-employed basis (either alone or in
partnership) - by a work permit issued under section 24;
(b) in any other case - by an immigrant employment certificate issued under
section 25.
(3) If a person who holds more than10% of the issued shares in a company
performs any work in the course of the company’s business, the person is deemed (for the
purposes of this Part) to be employed by the company even if he or she receives no payment
other than dividends.
(4) If, in any proceedings for an offence under this Part, it is proved that an
immigrant performed work of a type for which and in circumstances in which payment would
normally be made, the court may draw an inference (for the purposes of this Part) either—
(a) that a relationship of employer and employee exists; or
(b) that he is employed on a self employed basis,
as the case may be.
(5) (a) An immigrant who engages in employment other than as authorised in
accordance with subsection (2) commits an offence.
Penalty: A fine of £2,500 or imprisonment for 3 months, or both.
(b) A person who employs an immigrant other than as authorised in accordance
with subsection (2) commits an offence.
Penalty: A fine of £10,000 or imprisonment for 12 months, or both.
(c) In the case of self-employment, proceedings must be commenced under
paragraph (a) but the maximum penalty on conviction is as provided for in paragraph (b).
(6) The Governor in Council may by order amend subsection (1)(c) by
substituting for the number ‘183’ such lower number as may be prescribed in the order.
- chars 34784-35722
Revocation of entry permits
22. (1) An entry permit may be revoked by the Board if it is satisfied that the
holder of the permit—
(a) obtained the permit by means of fraud, false representation or concealment of
any material fact;
(b) has been convicted anywhere of an offence and sentenced to imprisonment;
(c) has contravened any of the provisions of this Ordinance or regulations made
under it, or
(d) has breached any condition of the permit, or failed to do anything which (in
or in connection with the application for the permit) the holder undertook to do;
or in any other prescribed circumstances.
(2) The Secretary must give notice in writing to the holder of a permit which is
revoked pursuant to subsection (1). The notice must state the grounds of revocation, and
inform the holder of the right of appeal under section 13.
