Providenciales, Turks and Caicos Islands, 9th June 2025 – My Government wishes to address public concerns and provide clarity on the matter of the 49 grants of Turks and Caicos Islander Status, which were the subject of a judicial review before the Supreme Court.
Let me state categorically at the outset that my ministerial colleagues and I adamantly opposed the grant of Turks and Caicos Islands Status to many of those persons recently approved by the Governor for reasons communicated to her. The Governor was informed of our position over three weeks ago.
We do not believe that it is the spirit of the law to indiscriminately grant Turks and Caicos Islander Status on the most basic grounds of residency, not currently serving a custodial sentence, and not a bankrupt. However, the legal circumstances that existed when the applications were considered gave the Governor almost unfettered authority to grant Status.
However, these applications were submitted initially between 2016 and 2018. They were reviewed by the then Turks and Caicos Islander Status Commission in 2021, resulting in that Commission’s recommendations not to grant the applicants Islander Status. Some of the applicants then challenged the Commission’s authority in the Courts.
On July 5th, 2024, the Supreme Court ruled that the Commission had acted unlawfully by applying discretionary criteria that were outside their remit and instead cited section 132 (2) of the Constitution, which mandates that the conditions for the grant of Islander Status to be prescribed, no conditions had ever been prescribed, had they been the Commission and the Governor would have been obliged to use the prescribed conditions as part of the criteria for granting Turks and Caicos Islander Status.
Accordingly, the result of the Court’s ruling was that the ONLY conditions that the Commission could lawfully consider for that group of applicants are those contained in section 4(2) of the TCI Status Ordinance, which relates to possession of BOTC and PRC or and who are neither serving a custodial sentence over one year. The Court, therefore, ordered that the applications be reconsidered in line with the law that existed when the applications were first assessed.
The Court’s ruling significantly curtailed the role of the Commission, confirming that in the absence of a formal selection framework, the Commission’s function was limited to checking whether applicants met basic eligibility requirements — such as residency duration and clean legal standing. The Court held that discretionary assessments, such as the applicant’s contribution to the community or potential value to the Islands, could only be made by the Governor.
The TCI Islander Status legislation was enacted in 2015. It came into force in 2016, following extensive consultation with the public, to curb the abuse of the arbitrary grant of Status by politicians to the well-connected, some of whom had never lived in the Islands or contributed to its growth and development.
In 2021, based on the Constitution and the principles of natural justice and the threat of legal action, it became necessary to appoint the Turks and Caicos Islander Status Commission to examine a list of up to 150 applications – most of whom were written to by the Commission refusing the grant contrary to the law. The law gives the Commission the responsibility for vetting applications and making recommendations to the Governor, who has discretion in the matter.
Forty-nine individuals have now been approved under this process. In the absence of the prescription required by the Constitution to ensure that applicants are assessed objectively, the grant of Islander status has been approved for some undeserving persons. Notwithstanding, the rule of law must be upheld.
During our first term in office, my Government acted to update and clarify the legislation. Since 2023, the Act was amended to implement a clear and transparent points-based system, empowering the Commission, appointed jointly by the Premier and the Leader of the Opposition and the Chair by agreement with the Governor, the Leader of the Opposition and the Premier, to consider the merits of each applicant before making recommendations to the Governor.
Further review will take place immediately, which may result in the removal of the Governor from the process and the empowerment of the Commission going forward, subject to consultation to ensure that the loop-hold which permitted persons of dubious loyalty to the Turks and Caicos Islands to obtain Islander Status never happen again.
Let us be clear: the grant of Turks and Caicos Islander Status is a privilege, not a right. It should only be extended to those individuals who have truly integrated into our society and made meaningful contributions to the social, cultural, environmental and economic life of these Islands and their people.
While we respect the ruling of the Court, it is the solemn duty of the elected Government to ensure that our laws reflect the will, values, and aspirations of the people of these Islands. That is why this Administration, supported by both sides of the House, has taken decisive action to protect the integrity of the process and to safeguard what it means to be a Turks and Caicos Islander, rooted in fairness, transparency, and pride in our national identity.
Regarding this matter, my Government is considering the options that may be available to it.
