CBI — Dependants framework (child<=30, parent/grandparent>55, unmarried siblings, alternate main applicant)

The governing statutory and regulatory provisions, in hierarchical order: CBI Act 2013 s.3(1) — parent authority for dependant inclusion: > "3. (1) Subject to the provisions of the Citizenship Act, a person may, after applying under this section to the Minister in the prescribed manner and upon payment of any fee that may be prescribed, be registered under the provisions of the Citizenship Act as a citizen of Antigua and Barbuda." > (CBI Act 2013 s.3(1), primary text decoded from laws.gov.ag) Dependants are included within the single application structure: a main applicant applies "as the head of a family" undertaking investment (CBI principal Regulations 2016 reg 2, definition of "main applicant": "the person who, either as a single applicant or as the head of a family, undertakes an investment … and signs the relevant agreements and undertakings on behalf of his or her dependants"). SI 2024 No.50 reg 3 — amended "dependant" definition (reg 2 of principal Regulations 2016): The 2024 amendment (made 25 July 2024; passed House of Representatives 18 July 2024) repealed and replaced the definition of "dependant" in reg 2 of the principal 2016 Regulations. The verbatim OCR-transcribed text from SI 2024 No.50 (9 pages, vision-OCR, laws.gov.ag / cip.gov.ag) is: > "dependant" (a) means: > (i) a spouse of the main applicant; > (ii) a child of the main applicant (or of the applicant and spouse) who is THIRTY (30) years of age or younger; > (iii) a child of any age who is physically or mentally incapacitated and fully supported by the applicant; > (iv) a PARENT or GRANDPARENT of the main applicant or spouse who is ABOVE FIFTY-FIVE (55) years and fully supported [by the main applicant]; > (v) a parent or grandparent of any age, [who is] incapacitated and fully supported [by the main applicant]; > (vi) an UNMARRIED SISTER or BROTHER of the applicant or spouse who is BELOW EIGHTEEN (18) years and for whom the applicant has parent/guardian consent to include; OR > (vii) an UNMARRIED SISTER or BROTHER of the applicant or spouse who is OVER 18 years old; > (b) includes: spouse/child of a dependant within (a)(ii)/(a)(iii); spouse of such a dependant who marries after approval (if dependant not older than 35 at application); child of such a dependant born/adopted after approval (if dependant not older than 35 at application). > (SI 2024 No.50 reg 3, OCR-transcribed from pages 2–4 of gazette, dated 25 July 2024) SI 2024 No.50 reg 5A — Alternate Main Applicant (inserted into principal Regulations 2016): > "reg 5A — Designation of Alternate Main Applicant: a main applicant may designate another family member (>=18 years) as alternate main applicant; the alternate cannot complete actions unless the main applicant is deceased or physically or mentally incapacitated. A single approved applicant may designate an alternate when adding a dependant." > (SI 2024 No.50 reg 5A, OCR-transcribed from gazette, 25 July 2024) Prior 2016 "dependant" definition (superseded as to key differences): The 2016 principal Regulations reg 2 defined "dependant" to include: spouse; children under 18; full-time students aged 18–26; physically/mentally handicapped children; parents/grandparents aged 65. Notably, the 2016 definition: (i) capped children at age 26 (full-time students) not 30; (ii) set the parent/grandparent age threshold at 65 (not 55); (iii) did not include siblings. SI 2024 No.50 expanded all three dimensions. CBI Act 2013 s.3(2) — conditions on registration: Registration of dependants is: "(a) at the discretion of the Minister and subject to the approval of Cabinet; (b) subject to the Minister being satisfied that the applicant has invested in accordance with the provisions of the Schedule; and (c) subject to such conditions or limitations as may be prescribed." The Minister's discretion extends to dependant registrations.