s.38General provisions relating to loss of permanent residency
38
Section 38Part 4 — Permanent Residence and Extended Residence Categories

General provisions relating to loss of permanent residency

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38. (1) The Board or the Chief Immigration Officer may, in respect of any person who has been granted permission to reside permanently in the Islands, revoke such permission where —
he organises or engages in subversive political activity, or organises, causes or promotes racism within the Islands or elsewhere;
the Board or the Chief Immigration Officer is satisfied that the information given in his application for permission to remain permanently in the Islands was false in a material particular or concealed a material fact; Section 38 Immigration Law Page 56 Revised as at 2nd day of July, 2015 c
he has been convicted of an offence against the laws of the Islands;
he has been convicted of an offence under the laws of another country, the nature of which offence would, in the opinion of the Board or the Chief Immigration officer make his continued presence in the Islands contrary to the public interest;
he becomes destitute;
he becomes mentally disordered or mentally defective as defined in the Mental Health Law, 2013 [Law 10 of 2013];
he is medically certified to be suffering from a communicable disease that makes his continued residence in the Islands dangerous to the community;
he is reasonably believed —
to be a prostitute and to have come to the Islands for the purpose of prostitution; or
to be living on, or receiving the proceeds of prostitution;
he fails to maintain the level of financial investment stated in his application for permission to remain permanently in the Islands;
he fails to make the annual declaration in respect of himself, his dependants, and other prescribed matters, as required by section 30(13);
he is or has been working in an occupation not specified in his Certificate;
either the Board or the Chief Immigration Officer is of the opinion that he is no longer supporting, or able to support, a dependant previously included in the grant of permanent residence;
he is delinquent, for a period of more than ninety days, with respect to the payment of prescribed fees relating to the right to reside permanently in the Islands;
he is deemed by the Cabinet to be an undesirable inhabitant of the Islands; or
he has been ordinarily resident outside the Islands continuously for a period of one year or more. (1A) The offence referred to in subsection (1)(d) must have been an offence that would be recognised as an offence in the Islands.
Where the substantive holder of permanent residence loses his right to permanent residence under this Law, a person who had acquired permanent residence and a Residency and Employment Rights Certificate by virtue of his being a dependant of the substantive holder, shall be allowed to make representations to the Board or the Chief Immigration Officer on its or his own behalf as to why he should not lose his right to permanent residence and the Immigration Law (2015 Revision) Section 39 c Revised as at 2nd day of July, 2015 Page 57 Board or the Chief Immigration Officer in its or his discretion shall determine the matter.

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