Responses to Information Requests

Research Directorate, Immigration and Refugee Board of Canada

1. Haitian Nationals and Haitian-Bahamians in the Bahamas

Sources note that the Bahamas' population is approximately 350,000 (HaïtiLibre 2023-03-06) or 358,508 people (US 2023-12-06). According to the Haitian news website HaïtiLibre, it is estimated that "more" than 80,000 Haitians reside in the Bahamas, "most of them illegal[ly]" (2023-03-06). The US Department of State's Country Reports on Human Rights Practices for 2022 indicates that according to "unofficial estimates, between 30,000 and 60,000" residents are Haitians or people of Haitian descent, making them the "largest ethnic minority" in the country (US 2023-03-20, 14). According to Minority Rights Group International (MRG), the population of migrant Haitian workers in the Bahamas is estimated to be between 20,000 and 70,000, and "unofficial estimates" indicate that Haitians or citizens of Haitian descent constitute 10 to 25 percent of the population, making them the "largest and most visible ethnic minority" (n.d.).

US Country Reports 2022 indicates that the Bahamian Department of Immigration detains "irregular migrants, primarily" Haitians, until they are repatriated or obtain legal status in the country (US 2023-03-20, 5). The same source further notes that the "average" detention length varies by nationality, foreign governments' willingness to accept their nationals, and available repatriation funds (US 2023-03-20, 5). According to the Miami Herald, a daily newspaper in Florida, in a parliamentary debate in February 2023, the Bahamas' immigration director indicated that the country had 180 Cubans, 97 Haitians, and 33 individuals of various nationalities in its "main immigration detention centers" (2023-02-22).

2. Eligibility for Permanent Residence

The Bahamas Immigration Act provides the following:

CERTIFICATE OF PERMANENT RESIDENCE

13. (1) The Board [of Immigration] may, in its absolute discretion, upon application being made in the prescribed form and on payment of the prescribed fee, grant a permanent residence certificate to any person who —

1. is not less than eighteen years of age;
2. is of good character; and
3. in his application has stated his intention of residing permanently in The Bahamas.

(2) A certificate granted under subsection (1) of this section may be made subject to such conditions as the Board may impose, including, without prejudice to the generality of the foregoing, a condition that the applicant shall not engage in any gainful occupation without a permit issued in respect of that employment under section 29.

(3) Notwithstanding subsection (1), the Board may grant a certificate of permanent residence to a person who has not attained the age of eighteen years and who is entitled to apply for registration as a citizen pursuant to the Constitution.

(4) The making of an application by the parent or guardian of a minor who comes within the provisions of subsection (3) for a certificate of permanent residence shall not prejudice any application previously made for registration of the minor as a citizen of The Bahamas nor shall the grant of permanent residence divest the minor of any entitlement for registration as a citizen of The Bahamas made on behalf of the minor in the future.

14. Notwithstanding section 13 where a person applies under that section for a permanent residence certificate and that person, at the date of the application —

1. is married to, or is the surviving spouse of, a citizen of The Bahamas and, in case of a surviving spouse, the marriage was subsisting at the time of death of the other party;
2. is not a citizen of The Bahamas or a permanent resident;
3. is not living apart from the other party to the marriage under a decree of a competent court or under a deed of separation;
4. has lived continuously with the other party to the marriage for a period of not less than five years,

the Board may, in its absolute discretion, grant a certificate under section 13 to the applicant and where a certificate is granted it shall not contain any condition restricting the right of the holder to engage in gainful employment.

14A. (1) Notwithstanding section 14, a person may apply under section 13 for a permanent residence certificate where that person, at the date of the application —

1. is married to but living apart from a citizen of The Bahamas under a decree nisi of a competent court or under a deed of separation, or has obtained a decree absolute of a competent court; and
2. during the subsistence of the marriage, lived continuously with the other party to the marriage for a period of not less than five years.

(2) The Board may grant under section 13 a certificate of permanent residence to an applicant falling within this section.

(3) A certificate of permanent residence granted by the Board under section 13 to an applicant falling within this section shall not contain any condition restricting the right of the holder to engage in gainful employment.

…

16. (1) When a permanent residence certificate is granted under section 13, the Board may, in its absolute discretion, then, or on a subsequent application in the prescribed form, endorse the certificate to apply to the wife or any dependent child of that person ordinarily resident with him.

…

30A. (1) The Director of Immigration may, on application made in the prescribed form, and in accordance with the regulations and the directions if any of the Board, grant a resident belonger permit in the prescribed form to a person —

1. born in The Bahamas to non-Bahamian parents who is entitled to apply for registration as a citizen of The Bahamas under Article 7 of the Constitution and is residing permanently in The Bahamas at the time the application is made;

…

(2) A resident belonger permit —

1. may be granted for such term as the Director of Immigration, in accordance with the regulations and the directions if any of the Board, may determine and specify in the permit; and
2. entitles the holder to reside and engage in gainful occupation in The Bahamas for the duration of the term of the permit.

(3) The grant of a resident belonger's permit does not affect the right of a grantee of a resident belonger's permit to apply for registration as a citizen of The Bahamas under Article 7 of the Constitution or preclude the Minister exercising his powers under The Bahamas Nationality Act. (Bahamas 1967, bold in original)

The website of the Government of Bahamas indicates the eligibility to apply for permanent residence in the country as follows:

• The following categories of persons may apply for permanent residence:
• Spouse of a Bahamian after 5 years of marriage, and whose marriage is subsisting and the couple cohabiting as husband and wife;
• Persons born legitimately outside of The Bahamas to a married woman, who is a citizen of The Bahamas, and whose husband is not a citizen of The Bahamas.
• Financially independent individuals or investors who are legitimate owners of a residence in The Bahamas – please note that persons purchasing a residence for [1.5 million Bahamian dollars (BSD)] [C$2 million] or more will get speedy consideration;
• Police and Prison Officers employed in the Government Service for a minimum of 10 years;
• Teachers employed in the Government Service or by charitable or religious institutions for a minimum of 10 years;
• Nurses employed in the Government Service or with private hospitals and healthcare facilities for a minimum of 10 years;
• Ministers of Religion / Priests after having been employed for a minimum of 20 years;
• Doctors / Medical professionals after having been employed for a minimum of 20 years;
• Haitian nationals who are able to provide documentary proof, exclusive of Haitian passports, that the department accepts as evidence under cover of an affidavit from a notary public, of their continuous residence in The Bahamas prior to January 1985;
• Persons who have held legal status (work or resident permit) for more than 20 consecutive years. (Bahamas n.d.a)

According to the website of the Government of the Bahamas, applicants are required to complete the designated form, attach the supporting documents, and submit them to the Department of Immigration along with the application fee (Bahamas n.d.a).

The website of the Government of the Bahamas lists the following supporting documents to be included as part of an application for permanent residence:

• A copy of the bio-data page of the applicant's passport
• 2 passport-sized identical colour photographs of the applicant, with the applicant's name printed on the reverse side (photographs must not be more than 6 months old)
• An original police certificate of character (issued not more than six months prior to the submission of the application
• Original birth certificate (In the case of certificates that are written in languages other than English, an English translation should be submitted, sealed by the appropriate Consular Office where applicable, with a [10 BSD] [C$13.34] Bahamian postage stamp affixed to it
• An original medical certificate dated not more than 30 days prior to the submission of the application
• 2 original character references, written by Bahamian citizens known to the applicant for at least 5 years
• Parents' birth certificate
• Parents' marriage certificate
• Marriage certificate (married persons)
• Spouse's death certificate (widowed persons)
• Divorce decree (divorcees)
• Financial statements from applicant's financial institution citing a figure range, and verifying economic worth. (Bahamas n.d.a)

The Government website states that a "non-refundable" processing fee of 100 BSD [C$133] is required, and it can be paid in cash or bank manager's cheque to the Public Treasury (Bahamas n.d.a).

3. Eligibility for Permit to Reside

According to the website of the Bahamas Department of Immigration, foreign nationals must get a Permit to Reside, "commonly known as an Annual Permit," from the Department of Immigration to live in the Bahamas for non-work purposes (Bahamas n.d.b). The same source indicates the following application requirements:

• Letter of request addressed to the Director of Immigration
• [200 BSD] [C$267] non-refundable processing fee …
• Duly completed First Schedule Form 1 application with [10 BSD] Bahamian postage stamp affixed thereon (legible and notarized)
• Applicant's original medical certificate (dated no earlier than 30 days of the application being submitted. This required for each applicant)
• Applicant's original police certificate issued not earlier than six (6) months [prior to the application being submitted] and must cover five years of residence; required for applicants age of 14 and older
• Two (2) current passport photographs of applicant on white background with name printed on back of photo …
• [Valid] copy of biographical page of passport for applicant …
• Copy of biographical page of passport for sponsor …
• Certified copy of marriage certificate of applicant (if applicable)
• Certified copy of birth certificate of applicant showing parents' names (if applicable)
• Two (2) character references from reputable persons or persons of good standing in applicant's community …
• Reference from applicant's financial institution(s) stating a figure range and/or statement prepared by a Certified Public Accountant (adults/independent applicants)
• Copy of conveyance for residential property(ies) owned by applicant in The Bahamas (adults only and if applicable)
• Complete the Annual Permit Questionnaire. (Bahamas n.d.b, bold omitted)

The Department of Immigration website indicates the following additional documents required for applications made on behalf of a child:

• Letter confirming applicant's enrollment in a school in The Bahamas
• Legal Court document granting custody or guardianship of applicant to sponsor (for children not accompanied by their parents)
• Certified copy of parents['] birth certificates (for children not accompanied by their parents)
• If children are not accompanied by both parents, evidence of legal custody of applicant is required from the accompanying parent/guardian
• Children who are being home schooled MUST be registered with the Ministry of Education and proof of such must be provided. (Bahamas n.d.b, bold omitted, emphasis in original)

The Department of Immigration website notes that applicants are required to provide certified translations in English for all foreign documents and should affix to them a Bahamian postage stamp worth 10 BSD (Bahamas n.d.b). The same source further adds that if individuals are applying for status for the "first time," they "should not" be present in the Bahamas "during the processing" of their application (Bahamas n.d.b).

The website of the Department of Immigration indicates that "any non-Bahamian" who is enrolled in school, college, or university, or is a dependent of a Bahamian or non-Bahamian who is "legally authorized" to reside in the Bahamas, is eligible to apply for the "Permit to Reside" in the country (Bahamas n.d.b). The same source further notes that dependents can be spouses or children under the age of 18 (Bahamas n.d.b).

4. Resident Belonger Permit

The Department of Immigration website states that the "Resident Belonger Permit" was established in May 2015 to offer a "legal status option" to the following categories of persons:

• persons referred to in Article 7 of the Constitution who are permanently residing in the Bahamas at the time of application;
• persons referred to in Article 9 of the Constitution;
• persons referred to in Article 3(2) of the Constitution, who are the foreign-born "offspring" of a Bahamian man married to a non-Bahamian spouse (Bahamas n.d.c).

The Constitution provides the following:

3. Persons who become citizens on 10th July 1973

…

2. Every person who, having been born outside the former Colony of the Bahamas Islands, is on 9th July 1973 a citizen of the United Kingdom and Colonies shall, if his father becomes or would but for his death have become a citizen of The Bahamas in accordance with the provisions of the preceding paragraph, become a citizen of The Bahamas on 10th July 1973.

…

7. Persons born in The Bahamas after 9th July 1973 of non citizen parents

1. A person born in The Bahamas after 9th July 1973 neither of whose parents is a citizen of The Bahamas shall be entitled, upon making application on his attaining the age of eighteen years or within twelve months thereafter in such manner as may be prescribed, to be registered as a citizen of The Bahamas:

Provided that if he is a citizen of some country other than The Bahamas he shall not be entitled to be registered as a citizen of The Bahamas under this Article unless he renounces his citizenship of that other country, takes the oath of allegiance and makes and registers such declaration of his intentions concerning residence as may be prescribed.

…

8. Persons born outside The Bahamas after 9th July 1973

A persons born outside The Bahamas after 9th July 1973 shall become a citizen of The Bahamas at the date of his birth if at that date his father is a citizen of The Bahamas otherwise than by virtue of this Article or Article 3(2) of this Constitution.

9. Further provisions for persons born outside The Bahamas after 9th July 1973

1. Notwithstanding anything contained in Article 8 of this Constitution, a person born legitimately outside The Bahamas after 9th July 1973 whose mother is a citizen of The Bahamas shall be entitled, upon making application on his attaining the age of eighteen years and before he attains the age of twenty-one years, in such manner as may be prescribed, to be registered as a citizen of The Bahamas:

Provided that if he is a citizen of some country other than The Bahamas he shall not be entitled to be registered as a citizen of The Bahamas under this Article unless he renounces his citizenship of that other country, takes the oath of allegiance and makes and registers such declaration of his intentions concerning residence as may be prescribed.

...

(Bahamas 1973)

The Department of Immigration website indicates the following application requirements when applying for a Resident Belonger Permit:

• Letter of Request addressed to The Director of Immigration
• [200 BSD] non-refundable processing fee (payable by cash, credit/debit card, postal money order, or bank certified cheque)
• Duly completed First Schedule Part 2 Form 1B application with [10 BSD] Bahamian postage stamp affixed thereon (legible and notarized)
• Applicant's Original medical certificate (dated no earlier than 30 days of the application being submitted. This is required for each applicant)
• Applicant's original police certificate covering five years of residence issued not more than six (6) months; required for applicants age 14 and older
• Two (2) current passport photographs of the applicant on white background with name printed on the back of the photo (captured within six (6) months of application, photo size must be 2 X 2 inches)
• [Valid] copy of the biographical page of passport for applicant (must be signed and readable and have a minimum of two (2) months validity[)]
• Copy of biographical page of passport for applicant's parents (must be signed and readable with minimum of two (2) months validity)
• Certified copy of parent's marriage certificate with English translations and [10 BSD] Bahamian … postage stamp affixed thereon (if applicable)
• Certified copies of applicant's parent(s)['] birth certificate(s) with English translations and [10 BSD] Bahamian … postage stamp affixed thereon (if applicable)
• Original birth certificate of the applicant with English translations and [10 BSD] Bahamian … postage stamps affixed thereon (if applicable) with the verification by the Consulate and authentication of the signature by the Ministry of Foreign Affairs
• Documentary evidence of parents' Immigration status
• Certified copy of parent(s) Death Certificate where in either case the parent(s) are deceased (must be certified by Registrar General's Department if issued in The Bahamas) (if applicable)
• Immunization Card (for minors)
• Copy of National Insurance Card (if any)
• Parent's/Guardian's Information Sheet
• All school records and transcripts
• Proof of legal guardianship (for minors). (Bahamas n.d.c, bold omitted)

5. Rights and Obligations of Permanent Residents

The Constitution of the Bahamas provides the following:

5. Persons entitled to be registered as citizens

…

2. Any person who, on 9th July 1973, possesses Bahamian Status under the provisions of the Immigration Act 1967 [FN: Statue Law of the Bahama Islands. No. 25 of 1967.] and is ordinarily resident in the Bahamas Islands, shall be entitled, upon making application before 19th July 1974, to be registered as a citizen of The Bahamas.

…

15. Fundamental rights and freedoms of the individual

Whereas every person in The Bahamas is entitled to the fundamental rights and freedoms of the individual, that is to say, has the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely-

1. life, liberty, security of the person and the protection of the law;
2. freedom of conscience, of expression and of assembly and association; and
3. protection for the privacy of his home and other property and from deprivation of property without compensation, the subsequent provisions of this Chapter shall have effect for the purpose of affording protection to the aforesaid rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest.

…

25. Protection of freedom of movement

1. Except with his consent, no person shall be hindered in the enjoyment of his freedom of movement, and for the purposes of this Article the said freedom means the right to move freely throughout The Bahamas, the right to reside in any part thereof, the right to enter The Bahamas, the right to leave The Bahamas and immunity from expulsion therefrom.

…

26. Protection from discrimination on the grounds of race, etc

1. Subject to the provision of paragraph (4), (5) and (9) of this Article no law shall make any provision which is discriminatory either of itself or in its effect.

2. Subject to the provisions of paragraphs (6), (9) and (10) of this Article, no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the function of any public office or any public authority.

3. In this Article, the expression "discriminatory" means affording different treatment to different person attributable wholly or mainly to their respective descriptions by race, place of origin political opinions colour or creed whereby person of one such description are subjected to disabilities or restrictions to which person of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description. (Bahamas 1973, bold in original, brackets in source)

The Bahamas Immigration Act provides the following regarding foreigners' rights:

RESIDENCE AND EMPLOYMENT IN THE BAHAMAS

29. (1) No person shall engage in any gainful occupation in The Bahamas unless —

1. he is a citizen of The Bahamas;
2. he is a permanent resident whose certificate of permanent residence permits him to engage in gainful occupation;
3. he is within either of the categories specified in paragraph (c) or (d) of subsection (1) of section 20 [see Section 8 of this Response];
4. he is in possession of a valid permit issued in accordance with the provisions of section 30 permitting him to engage in such occupation;
5. he is a person or within a category of persons whom the Minister has by order specified as entitled to engage in gainful occupation.

(2) Any person who engages in any gainful occupation in contravention of the provisions of this section shall be guilty of an offence against this Act. (Bahamas 1967, emphasis in original)

The Department of Immigration website states that "foreign nationals who wish to be afforded the rights, responsibilities, and privileges afforded to Bahamians, and qualify, must apply for citizenship" (Bahamas n.d.d). US Country Reports 2022 indicates that under the constitution, Bahamian-born individuals of "foreign heritage must apply for citizenship within 12 months" of turning 18, but applicants "sometimes waited many years for a government response" (US 2023-03-20, 10). The same source further notes that the "short window for application, difficulty in securing proper documentation, and long wait times left multiple generations of persons, primarily of Haitian descent, without a nationality" (US 2023-03-20, 10). The source states that while the government permits "legal" permanent residence for those who miss the window, "many" people of Haitian descent lack the "necessary" documents (US 2023-03-20, 10). Freedom House indicates that migrants and Haitian-Bahamians without Bahamian identity documents face limitations in moving "freely," and accessing residence, work, education, and health care (2022-02-24, Sec. G1).

6. Circumstances Leading to the Loss of Permanent Residence

The Bahamas Immigration Act provides the following on revocation of permanent residence:

17. A permanent residence certificate shall remain in force during the lifetime of the person to whom it is granted, unless and until it is revoked under section 18.

18. (1) Subject to subsection (3) of this section, the Board may revoke a permanent residence certificate on the ground that the person to whom it was granted —

1. has shown himself by act or speech to be disloyal or disaffected towards The Bahamas; or
2. has, during any war in which The Bahamas was engaged, unlawfully traded or communicated with an enemy or been engaged in or associated with any business that was to his knowledge carried on in such a manner as to assist an enemy in that war; or
3. has within five years of the grant of the certificate been imprisoned in any country for a criminal offence for a period of one year or more; or
4. has so conducted himself that in the opinion of the Board it is not in the public interest that he should continue to enjoy the privileges conferred by the certificate; or
5. subsequent to the grant of the certificate, has been ordinarily resident outside The Bahamas for a continuous period of three years; or
6. has obtained the certificate by means of fraud, false representation or the concealment of any material fact; or
7. being a person to whom section 14 applies —
   
   1. is living apart from the other party to the marriage under a decree of a competent court or a deed of separation; or
   2. has ceased by reason of the dissolution or annulment of the marriage to be married to the spouse with whom he lived when the certificate was granted;
   3. subsequent to the death of the other party to the marriage, marries a person who is not a citizen of The Bahamas;
8. has at any time been convicted by a competent court in a Commonwealth country of treason;
9. has at any time been convicted by a competent court in any country of any criminal offence punishable by death or imprisonment for seven years or more;
10. has failed to observe any condition to which the certificate was made subject;
11. being a person to whom section 14A applies, is remarried to a person who is not a citizen of The Bahamas.

(2) Subject to subsection (3) of this section, the Board may revoke an endorsement on a permanent residence certificate on the ground that —

1. any condition to which the endorsement is subject has not been fulfilled; or
2. the person named, having been named as a wife —
   
   1. is living apart from her husband under a decree of a competent court or under a deed of separation; or
   2. has ceased to be married to her husband by reason of dissolution or annulment of marriage.
3. the person named having been named as a dependent child —
   
   1. has attained the age of eighteen years; or
   2. being a child to whom Article 7 or 9 of the Constitution applies, has attained the age of twenty-one years or has had his application under Article 7 or 9 determined, whichever is earlier.

(3) Before the revocation of a certificate under subsection (1) of this section, or of an endorsement under subsection (2) of this section, the Board shall, in writing, inform —

1. the person to whom the certificate was granted;
   and
2. where it is proposed to revoke the endorsement of the name of the wife, the person so named, of the grounds on which it is proposed to revoke the certificate or endorsement, as the case may be, and shall give any person so informed an opportunity to be heard. (Bahamas 1967, bold in original)

7. Possibility of Reacquiring Status if Lost

Information on the possibility of reacquiring permanent residence status if lost was scarce among the sources consulted by the Research Directorate within the time constraints of this Response.

The Department of Immigration states the following regarding requirements to obtain a replacement card:

• [200 BSD] non-refundable processing fee (payable by cash, credit/debit card, postal or money orders or bank certified cheque)
• Letter of Request addressed to the Director of Immigration
• Copy of the biographical data page of applicant's [current] passport (must be signed and readable with minimum of two (2) months validity)
• Two (2) current passport photographs of applicant on white background with name printed on back of photo (captured within six (6) months of application; photo size must be 2 X 2 inches)
• Police report (if the permit or certificate is lost/stolen)
• Return issued document if the replacement reason is due to Damage/Defacement [100 BSD] document fee payable upon approval (payable by cash, credit/debit card, postal or money orders or bank certified cheque). (Bahamas n.d.e, bold omitted)

8. Irregular Entries and Deportations

The Bahamas Immigration Act provides the following:

IMMIGRATION OFFICERS

8. (1) For the purpose of exercising his powers and functions and carrying out his duties under this Act, any Immigration Officer may —

…

(c) interrogate any person reasonably supposed not to be a citizen of The Bahamas or to be a permanent resident who —

1. desires to enter or leave The Bahamas;
2. being in The Bahamas, is reasonably suspected of having entered without leave in contravention of section 19;
3. having been granted leave to land in The Bahamas for a specified period is reasonably believed to have remained in The Bahamas in excess of that period;
4. being in The Bahamas is reasonably believed to be engaging, or to have engaged, in gainful occupation in The Bahamas without having been granted a permit permitting him so to do under section 30;

…

9. If any Immigration Officer or police officer has reasonable cause to suspect that any person, has committed an offence under this Act or any regulations and if it appears to him to be necessary to arrest such person immediately in order to secure that the ends of justice for the purposes of this Act shall not be defeated, he may arrest such person without warrant whereupon the provisions of section 18 of the Criminal Procedure Code Act shall apply in every such case.

…

ENTRY INTO THE BAHAMAS

19. (1) Subject to the provisions of this Act, a person shall not land in The Bahamas from any place outside The Bahamas or embark in The Bahamas for any destination outside The Bahamas —

1. save with the leave of an Immigration Officer;
   and
2. elsewhere than at an authorised port or at such other place as an Immigration Officer may in any particular case allow;
3. in case of embarkation, unless in possession of a valid passport, visa, or other form of travel document entitling him to enter the country or place of destination.

(2) Any person landing or embarking in The Bahamas in contravention of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding three hundred dollars or to imprisonment for a term not exceeding twelve months or to both such fine and imprisonment.

(3) The Director of Immigration may by order in writing direct the removal from The Bahamas of any person who has been convicted of an offence against the provisions of subsection (2) of this section and has been sentenced therefor to a term of imprisonment, and such person may, at any time before the expiration of his sentence, be placed on board any ship or aircraft about to leave The Bahamas and which is specified in the order and shall be deemed to be in legal custody until the departure of such ship or aircraft.

…

(5) In any proceedings under this section evidence that any person found in The Bahamas is not a citizen of The Bahamas and not a permanent resident and that there is no record of him having had the leave of any Immigration Officer to land in The Bahamas shall be evidence of his having landed in The Bahamas in contravention of this section, until the contrary is shown to the satisfaction of the court.

(6) Notwithstanding anything contained in any other Act concerning the time within which any prosecution must be commenced, a prosecution for an offence against this section may be commenced at any time.

20. (1) Notwithstanding any other provisions of this Act, a person shall be entitled to land or embark in The Bahamas and shall be permitted by any Immigration Officer so to land or embark, if he satisfies the Immigration Officer that he comes within any of the following categories —

1. citizens of The Bahamas;
2. permanent residents;
3. persons who are diplomatic or consular officers or representatives or officials duly accredited of a country other than The Bahamas, or of the United Nations or any of its agencies or of any inter-governmental organisation in which The Bahamas participates, coming to The Bahamas to carry out their officials' duties;
4. persons employed in the service of the Governnment of The Bahamas;
5. persons whom an Immigration Officer is authorised by the Board to treat as entitled to land in The Bahamas; and
6. wife and children of any person coming within the foregoing category (c) or (d) whether travelling with or separately from such person.

(2) The burden of proof that any person is a person to whom this section applies shall lie upon that person

…

PART VIII - DEPORTATION AND PROVISIONS RELATING TO THE REMOVAL OF PERSONS FROM THE BAHAMAS

40. (1) If at any time after a person, other than a citizen of The Bahamas or a permanent resident, has landed in The Bahamas, it shall come to the knowledge of the Minister that such person —

1. has landed or remained in The Bahamas contrary to any provisions of this Act;
2. has been convicted of any offence against this Act or of any other offence punishable on indictment with death or imprisonment for two years or upwards; or
3. is a person whose presence in The Bahamas would in the opinion of the Board be undesirable and not conducive to the public good,

the Minister may make an order (hereinafter referred to as a "deportation order") requiring such person to leave The Bahamas within the time fixed by the deportation order and thereafter to remain out of The Bahamas. (Bahamas 1967, emphasis in original)

HaïtiLibre quotes Bahamian Prime Minister Philip Davis as stating that "'[d]espite pressure earlier [in 2023], when the United Nations called on countries in our region to stop deportations to Haiti, once again, I have decided to continue the repatriations'" (2023-03-06). US Country Reports 2022 cites the Bahamian government as indicating that "several individuals refused to pursue Haitian citizenship due to fear of deportation or loss of future claim to Bahamian citizenship" and noting that, in such cases, people "often" wait "several" years for a Bahamian government decision on their nationality applications, leaving them without any documentation to "secure employment, housing, and public services" (US 2023-03-20, 9).

The Bahamas Immigration Department notes that on 13 September 2023, it repatriated 44 "illegal" Haitian migrants including 37 "males" and 7 "females" to Haiti (Bahamas 2023-09-13). The same source states that on 17 April 2023, the Immigration Department repatriated 259 "illegal" Haitian migrants, including 181 "males," 51 "females," and 27 "minors" to Haiti (Bahamas 2023-04-17). The Immigration Department of Bahamas also reported on 8 March 2023, it had repatriated 134 "illegal" Haitian migrants, including 119 "males," 13 "females," and 2 "minors" to Haiti (Bahamas 2023-03-08).

HaïtiLibre reports that in 2022 the Bahamas repatriated 4,748 migrants, which represented a "record number" (2023-03-06). HaïtiLibre, quoting the Bahamian Director of Immigration, notes that "'[w]e have already repatriated illegals to Cuba, Haiti, Guyana, Dominica, in the Americas, Jamaica, Nicaragua, Ecuador and Brazil … but Haitians represent the largest number of emigrants and the main cause of concern of the Bahamian Government'" (2023-03-06). MRG states that human rights organizations report that "some" Haitians with "legitimate fears of persecution are repatriated without any opportunity to claim asylum" (n.d.). According to MRG, "[i]t is felt that anti-Haitian attitudes are the result of efforts by the authorities to stem the steady influx of illegal Haitian immigrants," and Haitians are "conspicuous" in Bahamian society, and are "frequently" "targets for harassment or forced repatriations" (n.d.).

The Labour and Immigration Minister is quoted by Eyewitness News, a Bahamian news website, as having stated the following:

"If you are an illegal migrant on New Providence, Abaco, Eleuthera, Harbour Island, Grand Bahama, or anywhere else on this archipelago, you must leave. You must immediately wind up your affairs and leave The Bahamas voluntarily.

Failure to do so will lead to your arrest, prosecution, deportation, and placement on a restricted list which will completely bar you from any further entry into this country." (2023-01-19)

US Country Reports 2022 indicates that the government requires non-citizens to carry passports and "proof of legal status" in the Bahamas (US 2023-03-20, 15). According to Freedom House, this policy targets Haitian-Bahamians and Haitian migrants (2023-03-09, Sec. F4). Freedom House also states that in the Bahamas, "[h]arsh immigration policies, which mainly affect Haitian-Bahamians and Haitian migrants, are often executed in the absence of due process" (2023-03-09, Overview).

8.1 Special Permit

The Department of Immigration website states the following regarding "Special Permit[s]":

The Department of Immigration maintains a "Restricted List", which contains the names of persons who must seek special permission to enter the Bahamas. These are typically persons who would have been lawfully deported or removed from The Bahamas. Persons whose names are on the "Restricted List" who wish to visit the Bahamas must seek special permission to do so from the Director of Immigration. If granted, this permission is in the form of a "Special Permit", which is issued for a specified purpose and for a specified maximum period of 28 days, at the discretion of the Director of Immigration. Once granted, holders must have the Special Permit on their person at all times and must surrender it on departing the country. (Bahamas n.d.f, bold omitted)

The Department of Immigration website indicates the following requirements when applying for a Special Entry Permit:

• [200 BSD] non-refundable processing fee (payable by cash, credit/debit card, postal/money orders or bank certified cheque)
• Cover Letter addressed to the Director of Immigration
• Applicant's original police certificate (issued [not] earlier than six (6) months [prior to applying] and must cover five years of residence and is required from the age of 14)
• Two (2) current passport photographs of applicant on white background with name printed the back of photo …
• [Valid] copy of applicant biographical page of passport (must be signed and readable with six (6) month validity)
• Two (2) written references (one (1) must be from employer). (Bahamas n.d.f, bold omitted)

The Department of Immigration website indicates that "[a]ny non-Bahamian" visitor whose name is on the "'Restricted List'" is eligible able to apply for this permit (Bahamas n.d.f). The same source further notes that applicants are required to submit a request letter along with the required documents to the Customer Service Department (Bahamas n.d.f).

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 sources consulted in researching this Information Request.

References

Bahamas. 2023-09-13. Department of Immigration. "44 Haitian Nationals Repatriated from New Providence." [Accessed 2024-01-02]

Bahamas. 2023-04-17. Department of Immigration. "259 Haitian Nationals Repatriated from New Providence." [Accessed 2024-01-02]

Bahamas. 2023-03-08. Department of Immigration. "134 Haitian Nationals Repatriated from New Providence." [Accessed 2024-01-02]

Bahamas. 1973 (amended 2002). Bahamas (The)'s Constitution of 1973. As reproduced by the Comparative Constitutions Project. [Accessed 2024-01-02]

Bahamas. 1967 (amended 2015). Immigration Act. [Accessed 2023-12-18]

Bahamas. N.d.a. The Government of the Bahamas. "Applying for Permanent Residence." [Accessed 2024-01-02]

Bahamas. N.d.b. Department of Immigration. "Permit to Reside." [Accessed 2023-12-20]

Bahamas. N.d.c. Department of Immigration. "Resident Belonger Permit." [Accessed 2024-01-02]

Bahamas. N.d.d. Department of Immigration. "Citizenship." [Accessed 2024-01-02]

Bahamas. N.d.e. Department of Immigration. "Replacement Card (Requirements)." [Accessed 2024-01-02]

Bahamas. N.d.f. Department of Immigration. "Special Permit." [Accessed 2024-01-02]

Eyewitness News. 2023-01-19. Natario McKenzie. "Pack It Up: Immigration Minister Warns Illegal Migrants to Leave Voluntarily or Face Deportation." [Accessed 2024-01-09]

Freedom House. 2023-03-09. "The Bahamas." Freedom in the World 2023. [Accessed 2024-01-05]

Freedom House. 2022-02-24. "The Bahamas." Freedom in the World 2022. [Accessed 2024-01-05]

HaïtiLibre. 2023-03-06. "Haiti - Politic: The Bahamas Announce an Aggressive Campaign Against Illegal Migrants." [Accessed 2023-12-18]

Miami Herald. 2023-02-22. Jacqueline Charles. "Bahamas Announces Crackdown on Undocumented Migrants, Saying It's Affected by Haiti Crisis." [Accessed 2024-01-16]

Minority Rights Group International (MRG). N.d. "Bahamas: Haitians." [Accessed 2023-12-29]

United States (US). 2023-12-06. Central Intelligence Agency (CIA). "The Bahamas." The World Factbook. [Accessed 2023-12-18]

United States (US). 2023-03-20. Department of State. "The Bahamas." Country Reports on Human Rights Practices for 2022. [Accessed 2023-12-18]

Additional Sources Consulted

Oral sources: Bahamas – Department of Immigration in Exuma, Grand Bahama, Inagua, New Providence, San Salvador; Human Rights Bahamas.

Internet sites, including: Amnesty International; Austrian Red Cross – ecoi.net; The Bahamas Human Rights Network; The Commonwealth; European University Institute – Global Citizenship Observatory; Factiva; Global Detention Project; The Haitian Times; Human Rights Watch; Norwegian Refugee Council – Internal Displacement Monitoring Centre; Reuters; UN – International Organization for Migration, Office of the High Commissioner for Human Rights, Refworld, UN Women; US – Congressional Research Service, Social Security Administration.