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Tristan da Cunha - Family-Connection Residence Permission

Saint Helena, Ascension and Tristan da CunhaFamily

Explore the five recorded questions, answers and sources for this pathway.

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Explore pathways in Saint Helena, Ascension and Tristan da Cunha Read the five questions ↓

Which family relationships qualify?

Official guidance requires an existing family connection for immigration, but that connection alone does not guarantee residence. The published Ordinance identifies narrower permit-exempt family classes: it uses the term British subjects and refers to a qualifying person’s wife, unless formally separated, and to a child, stepchild or legally adopted child under sixteen. The qualifying person must meet the statutory birth-and-parental-residence condition.

See recorded sources
Limits of the record
  • The contemporary legal scope of the term British subjects and the gender-specific family wording in the published 1967 Ordinance has not been resolved. The text is not generalized to all British citizens, partners or resident families.
  • Immigrating to Tristan
    Immigration to Tristan is not possible unless you already have a family connection with the island. Even then, there are certain restrictions on residency. It is not possible to buy real estate or property on the islands.
  • Ordinance 1967, section 3(1)(a)-(c)
    3. (1) The following classes of British subjects are exempt from the provisions of section 2— (a) all persons who were born to a parent who at the time of the birth of such persons was ordinarily resident in Tristan da Cunha; (b) any person who is the wife of a person to whom paragraph (a) applies, not living apart from such person under a decree of a competent court or a deed of separation; (c) any person under the age of 16 years who is a child, stepchild or adopted child, having been adopted in a manner recognised by law, of a person to whom paragraph (a) applies.

Who may sponsor or bring the family member, and what immigration/citizenship status must that person hold?

The statutory family exemption is tied to a person born to a parent who was ordinarily resident on Tristan at the time of that birth. It is not stated as a general right for any present resident to sponsor relatives. Separate permits and discretionary exemptions may be considered by the Administrator, subject to conditions.

See recorded sources
Limits of the record
  • The contemporary legal scope of the term British subjects and the gender-specific family wording in the published 1967 Ordinance has not been resolved. The text is not generalized to all British citizens, partners or resident families.
  • Ordinance 1967, section 3(1)
    3. (1) The following classes of British subjects are exempt from the provisions of section 2— (a) all persons who were born to a parent who at the time of the birth of such persons was ordinarily resident in Tristan da Cunha; (b) any person who is the wife of a person to whom paragraph (a) applies, not living apart from such person under a decree of a competent court or a deed of separation; (c) any person under the age of 16 years who is a child, stepchild or adopted child, having been adopted in a manner recognised by law, of a person to whom paragraph (a) applies.
  • Ordinance 1967, section 3(2)-(3)
    (2) Any person may be exempted by the Administrator from section 2 upon conditions and for a period the Administrator directs and the Administrator may at any time revoke the exemption or amend or add to the conditions and period expressed in it. (3) Upon the breach of any condition or the termination of any period expressed in any exemption granted under subsection (2), a person whose exemption is thereby terminated, or who has failed to comply with any condition expressed in any such exemption, is, unless he or she obtains a permit under section 2, deemed to have landed unlawfully and is liable to the penalties and disabilities set out in section 2.

What is important for proving marriage, partnership, parentage, custody, dependency or another qualifying relationship?

The published family exemption depends on the qualifying person’s birth and the parent’s ordinary residence at that time. Its wife provision excludes separation by court decree or deed; its child provision uses an under-sixteen limit and requires adoption to be legally recognised. A current documentary checklist establishing these relationships was not located.

See recorded sources
Limits of the record
  • The contemporary legal scope of the term British subjects and the gender-specific family wording in the published 1967 Ordinance has not been resolved. The text is not generalized to all British citizens, partners or resident families.
  • The accepted current evidence for birth, ordinary residence, marriage, separation, parentage or adoption is not specified in the examined published provisions.
  • Ordinance 1967, section 3(1)(a)-(c)
    3. (1) The following classes of British subjects are exempt from the provisions of section 2— (a) all persons who were born to a parent who at the time of the birth of such persons was ordinarily resident in Tristan da Cunha; (b) any person who is the wife of a person to whom paragraph (a) applies, not living apart from such person under a decree of a competent court or a deed of separation; (c) any person under the age of 16 years who is a child, stepchild or adopted child, having been adopted in a manner recognised by law, of a person to whom paragraph (a) applies.

What important financial, accommodation, insurance or maintenance responsibilities apply?

The checked official sources did not provide enough route-specific evidence to confirm the financial, accommodation, insurance or maintenance requirements.

See recorded sources
Limits of the record
  • No family-residence-specific maintenance, accommodation, insurance or sponsorship standard was found after examining the live internal inventory, relevant historical Library search results, the competent government’s living/working and visiting guidance, the full published Tristan Entry Control Ordinance and Landing Regulations, and targeted official-site searches. The financial and evacuation-insurance requirements for visitors were not automatically imported into residence exemptions.

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?

A person not within a statutory exemption needs an Administrator-signed permit to remain beyond three days; permission to land is separately required. A permit may be limited or unlimited in time and conditional, and may be amended or revoked. Discretionary exemptions are also conditional and may end. These provisions do not themselves establish citizenship, an independent work right or a universal route to full Resident Islander status.

See recorded sources
Limits of the record
  • The contemporary legal scope of the term British subjects and the gender-specific family wording in the published 1967 Ordinance has not been resolved. The text is not generalized to all British citizens, partners or resident families.
  • The current process and criteria for full Resident Islander status, its loss/reacquisition, and independent family work rights remain unconfirmed. Historical population/news examples are not generalized as current immigration law.
  • Ordinance 1967, section 2(1)
    2. (1) Subject as hereinafter provided, no person may remain in Tristan da Cunha for a period exceeding 3 days unless the person is in possession of a valid permit signed by the Administrator. Any such permit may be expressed to be valid for a limited or unlimited time and may be made subject to any conditions the Administrator thinks fit; and the Administrator may at any time revoke or amend any such permit as he or she thinks think fit.
  • Ordinance 1967, section 3(2)-(3)
    (2) Any person may be exempted by the Administrator from section 2 upon conditions and for a period the Administrator directs and the Administrator may at any time revoke the exemption or amend or add to the conditions and period expressed in it. (3) Upon the breach of any condition or the termination of any period expressed in any exemption granted under subsection (2), a person whose exemption is thereby terminated, or who has failed to comply with any condition expressed in any such exemption, is, unless he or she obtains a permit under section 2, deemed to have landed unlawfully and is liable to the penalties and disabilities set out in section 2.
  • Landing Regulations 1989, regulations 2-3
    2. A person must not land on Tristan da Cunha unless the person— (a) holds a permit issued under section 2 of the Ordinance, or is a person who is exempt from the requirement to obtain such a permit; or (b) has received permission to land in accordance with regulation 3. 3. (1) The Administrator may grant permission for a person to land on Tristan da Cunha if the Administrator is satisfied that it would not be against the public interest so to do, and such permission must be signified either by a stamp in that person’s passport, or in such other manner as the Administrator directs. (2) The powers of the Administrator under this regulation may be exercised by the Administrator personally or by a police officer or other public officer nominated by the Administrator for that purpose.

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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