In my recent interview with Keith ‘Stone’ Greaves on Radio Anguilla we discussed a number of issues of concern to Anguillians regarding Brexit. This included matters relating to UK passports and access to French and Dutch St. Martin. In the interview I committed to setting out the details as I believe them to be.
In terms of passports I can assure all Anguillians that their right to hold a British passport will in no way be affected by Brexit. A British passport is precisely that – a British, not an EU passport. Consequently nothing will change with Brexit. Anguillians will be able to acquire a British passport as they have done for many years and with this, the right to visit and work in the UK free of visa or any other controls. Similarly Anguillians travelling on a British passport will continue to enjoy the right to visit the US without a visa under the same ESTA arrangements as apply to all British citizens.
With respect to movement between Anguilla and both French and Dutch St Martin I want to assure everyone that both myself and the British Government – at the highest level – fully understand the importance of maintaining the current arrangements. This matters for people on both sides of the water and we have understood this since the referendum in 2016. Consequently, I have worked closely with British Government officials on this matter since taking up post in August last year and discussions have taken place locally and in Europe with partners on this matter.
At this point in time we see no reason to believe the current arrangements will necessarily change because the UK leaves the EU. This position is not – as I have heard said – based on indifference or a lack of understanding. Far from it. We rather hold it because we have taken the time to understand the arrangements. I also want to assure all Anguillians that again contrary to what I have heard, Brexit will not result in a “new” border being imposed between Anguilla and both sides of St. Martin. A border has existed for centuries. But we will keep the situation under constant and careful review and act as necessary to ensure access remains as it is now.
In terms of Dutch Sint Maarten the rules governing Anguillians’ rights to visit and work in that territory are set locally by the Sint Maarten Immigration and Border Protection Service – not the Kingdom Government in The Hague. The current rules are straightforward. Anguillians can remain without a visa for up to thirty days and can request an extension of stay beyond the visa free period on application to the Sint Maarten Immigration and Border Protection Service. Anyone wishing to work in Sint Maarten must have the appropriate work permit. Sint Maarten is not a part of the EU and the territory’s immigration regulations are set locally. Consequently, I and the UK Government see no reason why these rules should change as a result of Brexit.
The regulations governing Anguillians’ access to French Saint Martin are set out in two local ‘Arretes’ of 18 April 2012 and 27 June 2014. Under these orders a short-stay visa exemption exists for visits of up to 90 days in any 180 day period for anybody travelling on a British or a British Overseas Territories Citizen passport. As with Dutch Sint Maarten those wanting to work in the territory require a work permit. The terms of these “Arretes” mirror two EU Council Regulations – 539/2001 and 509/2014. These regulations were drawn up by the EU Schengen members’ Working Groups specifically to address visa-free access for British Overseas Territory Citizens to the Schengen Area and in recognition of the fact that the UK is not a party to the Schengen agreement. As the UK has never been a party to the Schengen agreement and took no part in drawing up or agreeing to these EU Council regulations we see no reason – at this point in time – why the rules should change. They are not dependent on the UK’s membership of the EU. All this said, we will carefully monitor the situation and act if any change is proposed or enacted.
As I noted to Keith I’m ready to answer any questions to the best of my ability and knowledge. The most important thing I would like to leave with people is a genuine assurance that the UK understands the issues relating to Anguilla and will ensure that Anguilla’s priorities are fully taken into account within the Brexit discussions.
