Islander Status Law Passed; Welcomes Third Generation, DNA Testing now Mandatory

Dana Malcolm 

Staff Writer  

#TurksandCaicos, August 11, 2023 – DNA testing will now be a requirement for certain residents applying for status via family members.  The provision was signed into law on July 19^th and government leader of business in the House of Assembly, Washington Misick, TCI Premier, explained the rationale for this now approved pathway to Turks and Caicos citizenship.

“This provision will allow for DNA testing to establish parental relationships in the Turks and Caicos Islands for the purpose of TC Islander status.  By incorporating these criteria we ensure a robust and reliable method of determining familial connections if and when necessary,” he said.

During initial debates, Members of the House of Assembly had raised instances where parents could not provide the proper documents for their children to prove parental rights, for whatever reason.  DNA testing was introduced as a swift and reliable solution in these cases.

“This is very important, I think we all know that claims have been made both by Turks and Caicos Islanders and by others claiming to have kids that are not theirs but also making sure that children who have a right to status are not denied by parents who may want to abandon them,” Misick insisted.

The measure was wholeheartedly supported by Edwin Astwood, Opposition Leader.

Also accepted, that Great-grandchildren of TC Islanders will now be able to claim status following the passage of the anticipated Turks and Caicos Islanders Status Amendment Bill.  It was one of many changes, altering how residents can get status and rights to long-term stay in the country.

Tabled by Washington Misick, TCI Premier, it:

• Extends acquisition of status to persons born outside the islands with family links through a great-grandparent – Misick said this recognized the importance of family ties. “It may seem distant, but here in this House, we have examples that could mean our offspring could find themselves disenfranchised. Just about every family has a similar situation,” he continued, “if we are truly interested in growing the franchise and maintaining control of it, then we have to ensure we put provisions in place for [it] to be extended through our own bloodline.”
• Extends automatic status to the dependent children of residents who are awarded status by grant, ONLY if they are living in the country at the time of application. The Premier indicated this was to remove the undue burden from families with qualifying dependents;
• Creates separate forms for residents applying for status through marriage and grants and legalizes electronic applications. Misick said this clause focused on making sure that families who legitimately have a right to be in the islands are not discriminated against;
• Removes the Attorney General from the Status Commission and appoints an external attorney. This attorney must have 15 years of experience and a background in public law, thus ensuring that the commission benefits from legal expertise. Misick said that the removal of the Attorney General was to reduce the opportunity for legal challenge and to ensure that there is no claim of the Governor or AG having their ‘finger on the scales,’ bringing more integrity and transparency to the process.
• Sets out parameters for qualification and disqualification of Status Commission Members. “The grant of status is an extremely important offer, and it is important that people have the skills, the background, and qualifications to understand the implications of their decision,” the Premier explained;
• Authorizes DNA testing. To establish parental relationships for status/make sure that children with the right to status are not abandoned by parents and;
• Extends the year’s application period to December 2023. This is to residents the opportunity to fully understand the changes prior to applying.

The amendments were debated by residents, with a survey on the bill opening in June and closing later that month. The proposed changes by the Government all made it into the finished legislation with the addition of the clause granting status to great-grandchildren.

The bill passed with general support from both sides of the House of Assembly with the Opposition and Government acknowledging the gravity of the changes, without which Turks and Caicos Islanders would become outnumbered four-to-one in a few decades.

The premier maintained that they would continue to carry out public education seminars and give residents time to settle into the new changes fully.

Those meetings commenced with the business community last week.

The introduction of mandatory DNA results follows as a way to end forgery and conniving by applicants.

“It’s no secret that people get paid to say children are theirs in the Turks and Caicos— so I am very happy to see this here concerning DNA testing. It cannot only be used to disqualify, but as the Premier so rightly said to qualify.”

Residents had been asked to vote and give their opinions on the proposed change to Section 23 of the Islander Status Amendment Bill in June. With the new provision the Turks and Caicos joins a myriad of other countries including the United States who employ DNA testing to establish paternity before status can be granted to applicants.