Immigration law in Antigua and Barbuda

The main legal framework consists of the Constitution of Antigua and Barbuda, the Antigua and Barbuda Citizenship Act, the Immigration and Passport Act 2014 with later amendments, and special legislation for citizenship by investment. The Ministry of Foreign Affairs, International Trade and Immigration, the Department of Immigration, the Chief Immigration Officer, the Labour Department, the Passport Office, the Citizenship by Investment Unit and the Immigration Appeals Tribunal each handle different parts of the system. Entry normally requires a passport or travel document valid beyond the intended return date, a return or onward ticket, sufficient funds and, where requested, accommodation details. Visa requirements depend on nationality. German citizens are visa-exempt for eligible visits, and visa-free holiday or business stays can last up to six months according to the General Visa Information. An eVisa is available only for tourism, while a multiple-entry eVisa can be valid for one year. A visa on arrival may be available under specific conditions, including possession of a valid United States, Canadian, United Kingdom or Schengen visa or residence card; it is limited to tourism, generally lasts no more than 30 days, costs USD 100 and is generally not extendable or convertible. Cruise passengers staying up to 24 hours are visa-exempt for tourism. Travellers also complete the Arrive Antigua form and present its QR code. The border authority retains the final decision on admission. A visitor who needs more time should normally apply personally at least one week before the authorized stay expires. The application can require biometrics, a passport, a return ticket, proof of funds, health insurance and, in some cases, a sponsor. Official information is inconsistent about the maximum extension: one FAQ refers to 90 days, while a general entry page describes further periods up to six months. Published fees also differ between XCD 150 for CARICOM nationals or XCD 300 for non-CARICOM nationals and a separate schedule listing processing and extension fees. The applicable period and fee should therefore be confirmed with Immigration before filing. Visitors may not perform paid or unpaid work during a visitor stay. A visitor seeking work, study, marriage-related residence or retiree status must apply for a change of status under section 70A of the 2023 amendment legislation. The new lawful status begins only after approval and payment of the applicable fee; when the underlying basis ends, the status can become void. A work permit normally requires a certificate from the Labour Department followed by an endorsement in the passport by Immigration. Most non-citizens need a work permit unless an exception under Part F of the Labour Code applies. The permit gives conditional permission to work and does not create resident status. Dependants of work-permit holders generally cannot work, and family permission is limited to specified categories or a decision by the Chief Immigration Officer. OECS and CSME arrangements can create additional possibilities, but their application depends on the person and employment. A Student Permit should normally be obtained before arrival. It is generally issued for one year at a time, must be renewed annually and remains linked to the approved educational institution. Paid or unpaid occupations are generally excluded, apart from study-related unpaid activity. An internship lasting more than three months, approved research or training may require a work permit. Applications can require acceptance from the institution and the Ministry of Education, a passport, birth certificate, proof of funds, health documentation, insurance and documents from a parent or guardian. A holiday visitor generally cannot change into student status after arrival. Residence permissions and certificates cover separate categories, including work or ordinary residence, marriage, study, entrepreneurship or investment, home ownership or retirement and independent means. Published periods differ by category, ranging from one to four years, while other official guidance describes independent-means residence as five years. A general Resident Permit is often issued for three years and a student permit for one year; renewal should usually be requested three months before expiry. Typical evidence includes lawful residence, a clean local police certificate and certificates for stays over six months abroad, a health certificate, tax or statutory-board receipts, a passport, civil-status documents, insurance and, where requested, a return ticket. Residence can allow living, working and studying in Antigua and Barbuda and access to many social and health protections, but it does not confer voting rights or eligibility for political office. The residence categories and their renewal conditions are the subject of the separate residence post. Citizenship can arise by birth or descent, registration, naturalisation or the citizenship-by-investment programme. Naturalisation by an alien generally requires twelve months of immediate residence before applying, at least five years of residence during the preceding seven years, good character and an intention to reside. Commonwealth registration commonly uses seven years of ordinary residence. A spouse may qualify for registration after more than three years of marriage if the constitutional conditions are met. Immigration guidance describes seven years of legal residence as an opportunity to apply, not an automatic entitlement. Applications go through the Passport Office and can involve an Immigration interview and examination. A citizenship investigation is described as taking about three months, followed by roughly three weeks for passport issuance. Antigua and Barbuda constitutionally protects dual nationality, so another nationality alone is not a ground to refuse or withdraw an Antiguan and Barbudan passport. Citizenship by investment is administered through the Citizenship by Investment Unit and a licensed local agent. The principal applicant must be over 18 and undergo due diligence and background checks. The published options include a USD 230,000 contribution to the National Development Fund, approved real estate of at least USD 300,000 held for five years, an eligible business investment of USD 1.5 million individually or USD 5 million jointly with at least USD 400,000 per applicant, and a USD 260,000 contribution to the University of the West Indies Five Islands Fund including processing. Government processing, due-diligence and passport fees are additional, and the rules for dependants and fees can change. Approval may require further information or an interview, followed by the oath and Certificate of Registration before a passport is issued. The applicant must spend at least five days in Antigua and Barbuda during the first five years for passport renewal. The European Union has requested that the programme end by 1 June 2028, which creates a political and visa-access risk but does not itself repeal the national programme. The 2025 ECCIRA Act and the 2026 Immigration and Passport Amendment Bill should not be treated as effective law unless their commencement is confirmed. Antigua and Barbuda has no identified local Refugees Act or established national refugee-status procedure. At the government's request, UNHCR Panama processes asylum claims. This practice is fragmented and partly informal within the general immigration framework. Applying to UNHCR is free and should include a truthful account, genuine documents where available, a preferred language and, where desired, a legal representative. A refugee certificate may follow recognition. An applicant can appeal a rejection to UNHCR within 30 days and should not leave the country during the procedure without prior notice because the claim may be treated as abandoned. Overstaying or allowing a permit to expire can constitute an offence and may lead to fines, detention, deportation or an entry ban. Initial detention can last up to 48 hours without a court order. Refusals, revocations and renewal decisions should be provided in writing with reasons under the 2021 amendments. Immigration decisions can generally be appealed to the Immigration Appeals Tribunal within seven days, while extension refusals may be brought before a court of competent jurisdiction; separate appeal rights can apply to residence and citizenship refusals. On 10 August 2026, the Cabinet announced a 60-day grace period for people with expired immigration status to regularize their position. That policy does not create a permanent status entitlement, and people who do not regularize may be required to leave.