Loss — CBI deprivation (no refund of investment)

AG-XCT-03 is the citizenship-loss regime specific to citizens of Antigua and Barbuda who acquired their status through the Citizenship by Investment (CBI) Programme. It is distinct from, but complementary to, the general deprivation regime under Cap.22 ss.8–9 (AG-XCT-02). The CBI-specific deprivation route turns on a unique physical-presence obligation: CBI citizens must spend a minimum of five (5) days in Antigua and Barbuda during the five calendar years immediately following their registration. Failure to satisfy this presence threshold exposes the citizen to a Ministerial Order depriving them of CBI-acquired citizenship. The route carries a severe financial consequence that has no parallel in either renunciation (AG-XCT-01) or general deprivation (AG-XCT-02): the deprived citizen has no entitlement to repayment of the investment, contribution, or purchase price made in the original CBI application (CBI Act s.4(2)). This "no-refund rule" is AG-distinctive and a significant disincentive to non-compliance. The route also has a humanitarian carve-out: the Minister may suspend the presence requirement by Order where a dangerous infectious disease proclamation is in force or on other grounds he considers necessary (CBI Act s.4(5), inserted by 2020 Amendment). This carve-out was introduced in response to COVID-19 travel restrictions and ensures compliance does not become impossible due to external catastrophe.

The primary provisions are: CBI Act 2013 s.4(1) — original text (35-day threshold): > "4. (1) In addition to the powers conferred on him by the Citizenship Act, the Minister responsible for immigration and citizenship may by Order deprive of his citizenship a citizen of Antigua and Barbuda who is such by investment under this Act if the citizen does not spend at least 35 days in Antigua and Barbuda during the period of five calendar years after his registration." > (CBI Act 2013 s.4(1) original, primary text decoded from laws.gov.ag) CBI (Amendment) Act 2016 (No. 2 of 2016) s.4 — amended threshold (5 days): > "4. Amendment of section 4 of the principal Act – Deprivation of Citizenship by Investment. Section 4 of the principal Act is amended by repealing subsection (1) and replacing it with the following – '(1) In addition to the powers conferred on him by the Citizenship Act, the Minister responsible for Citizenship may by Order deprive any person of citizenship granted under this Act if that person does not spend a minimum of five (5) days in Antigua and Barbuda during the period of five calendar years after his registration.'" > (CBI (Amendment) Act 2016, No. 2 of 2016, s.4, primary text decoded from laws.gov.ag) The 2016 amendment reduced the presence threshold from 35 days to 5 days, effective from a date appointed by the Minister under s.1 of the 2016 Act. This reduction was a deliberate policy choice to make the Antiguan CBI programme more competitive with Caribbean peers and to lower the compliance burden on high-net-worth applicants with demanding global schedules. CBI Act 2013 s.4(2) — no-refund rule: > "(2) A person who is deprived of his citizenship under subsection (1) shall not be entitled to repayment of any investment, contribution or purchase price made by him in his original application for citizenship." > (CBI Act 2013 s.4(2), primary text decoded from laws.gov.ag; unchanged by 2016 or 2020 amendments) The no-refund rule applies to all three original CBI investment options: the NDF contribution (AG-INV-01), the real estate purchase price (AG-INV-02), and any business investment. As of SI 2024 No.50, the UWI/Higher-Education fund (AG-INV-04, reg 6A) is treated under the same framework, and the no-refund principle extends proportionally. CBI Act 2013 s.4(3) — appeal to High Court: > "(3) Where the Minister responsible for immigration and citizenship makes an Order under section 8 of the Citizenship Act in respect of a person who is a citizen of Antigua and Barbuda by virtue of registration and who is such by investment under this Act, depriving that person of his citizenship on the grounds that — (a) such registration as a citizen was obtained by false representation or fraud or wilful concealment of material facts; or (b) the person has been convicted in Antigua and Barbuda of an act of treason or sedition; that person shall have a right of appeal to the High Court." > (CBI Act 2013 s.4(3), primary text decoded from laws.gov.ag) Note the scope: the statutory court appeal under s.4(3) applies only to deprivation under Cap.22 s.8 grounds (fraud at registration or treason/sedition conviction), not to presence-deficiency deprivation under s.4(1) (as amended). For s.4(1) presence-based deprivation, the remedy is judicial review — not a dedicated statutory appeal. Notice of appeal under s.4(3) must be given within 21 days of the Minister serving the Order on the person (CBI Act s.4(4)). CBI (Amendment) Act 2020 (No. 25 of 2020) s.2 — suspension power: > "2. Insertion of new section 4(5) of the Act. … '(5) The Minister may by Order suspend the application of section 4(1)(a) on the ground of preventing the spread of a dangerous infectious disease or such other grounds as he considers necessary.'" > (CBI (Amendment) Act 2020, No. 25 of 2020, s.2, primary text decoded from laws.gov.ag) The reference to "section 4(1)(a)" in the 2020 Act is a drafting reference (the presence requirement as then structured); the substantive effect is that the Minister may suspend the 5-day physical-presence obligation during declared infectious disease periods or on similar compelling grounds. This provision was operationally relevant during 2020–2022 COVID-19 global travel restrictions.