Where/how is permission obtained when required, and under what important circumstances can a stay be extended or changed?
For Tourist Landing Permit, the general Act requires an immigration officer’s leave to land. After a person receives leave under section 23(1), the Chief Immigration Officer may for good cause vary its period; an extension is subject to a fee. Schedule 3 Part IV of the 2025 Regulations, in force from 1 October 2025, sets the general fee for extension to a landing permit at $50 for the first extension, $100 for subsequent extensions, and $25 for extensions for a child or spouse of a BVIslander or Belonger. Where an immigration officer refuses leave under section 23, the Chief Immigration Officer may separately give written special leave under section 24. The commenced 2024 amendment adds an appeal to the Immigration Appeals Board within 21 days under its stated refusal and confirmation conditions; this is a refusal appeal, not an extension procedure.
See recorded sources
Limits of the record- The reviewed law and regulations do not establish the exact application channel, form, submission deadline or evidence checklist for extension of this named category.
- The Chief Immigration Officer’s power to vary a period for good cause does not guarantee extension. The 2024 appeal provisions concern refusal of landing leave and do not answer how an extension application is lodged.
- The Schedule 3 Part IV rates are general statutory landing-permit extension tariffs; whether a particular traveller qualifies for the child or spouse rate requires individual classification, not inferred from this route name.
- 2013 revision, section 20(1)
20. (1) Subject to the provisions of this Act a person shall not land in the
Territory from any place outside the Territory or embark in the Territory for any
destination outside the Territory—
(a) save with the leave of an immigration officer; and
(b) elsewhere than at an authorised port of entry or at such other place
as an immigration officer may in any particular case allow.
(2) An immigration officer may on the examination of a person who
enters or seeks to enter the Territory—
(a) refuse him or her admission into the Territory, except where the
person falls within any of the categories enumerated in section
21; or
(b) admit him or her into the Territory subject to a condition
restricting the period for which he or she may remain in the
Territory with or without conditions for restricting his or her
employment or occupation in the Territory, except where the
person falls within a category specified in section 21(1)(a) or (b).
(Substituted by Act 11 of 2006)
- 2013 revision, sections 23(3) and 24
(3) When a person has been granted leave to land and remain in the
Territory for a period under subsection (1) the Chief Immigration Officer may,
for good cause, vary that period and any extension thereof shall be subject to the
payment of the fee prescribed.
(4) Any person who, without lawful excuse, the proof of which shall be
upon him or her, in the Territory harbours, maintains or employs a person who
has landed in contravention of any of the foregoing provisions of this section,
22
LAW OF
Immigration and Passport Act VIRGIN ISLANDS
Revision Date: 30 June 2013
and whom he or she knows or has reasonable cause to believe to have so landed,
shall be guilty of an offence.
Special leave to land
24. Where any person is not granted leave to land in the Territory by an
immigration officer under section 23 the Chief Immigration Officer may, in his
or her discretion, notwithstanding any other provisions of this Act, permit such
person in writing to land and remain in the Territory for such period and subject
to such conditions as may be prescribed or as the Chief Immigration Officer may
deem fit to impose.
- 2024 Act, sections 12-13, refusal appeals
Section 23 amended
12. The principal Act is amended in section 23 by inserting immediately
after subsection (4), the following new subsections:
“(5) Where a person is not granted leave to land under subsection (1) by the
immigration officer or the Chief Immigration Officer, after exercising his or her
discretion under subsection (3), confirms the decision of the immigration officer
under subsection (1), the person may appeal to the Immigration Appeals Board,
within 21 days of the refusal to grant leave to land in such form as the Immigration
Appeals Board shall determine.
(6) The person may appeal to the Immigration Appeals Board on the ground
that
(a) the immigration officer or Chief Immigration Officer
misinterpreted or misapplied the provisions of the law;
(b) or any other ground that the person considers
reasonable.”
Section 24 amended
13. The principal Act is amended in section 24 by renumbering the provision
as subsection (1) and inserting the following new subsection:
“(2) Where a person is not granted leave to land in the Territory by an
immigration officer under section 23 and the Chief Immigration Officer, after
11
exercising his or her discretion under subsection (1) confirms the decision of the
immigration officer, the person may appeal the decision of both the immigration
officer and the Chief Immigration Officer to the Immigration Appeals Board
within 21 days of the refusal to grant leave to land on the ground that the
immigration officer or Chief Immigration Officer misinterpreted or misapplied the
law, made a procedural error or other reasonable ground.”
- 2025 Regulations, Schedule 3 Part IV, landing-permit extension fees
2. For the issue of an Extension to a $50 – First Extension
Landing permit $100 – Subsequent
Extensions
$25 – All Extensions -
Child or Spouse of a
BVIslander/ Belonger
- 2025 Regulations, regulation 1(3), Schedule 3 Part IV commencement
Citation and commencement
1. (1) These Regulations may be cited as the Immigration and Passport
(Amendment) Regulations, 2025.
(2) These Regulations shall come into force on the 27th day of June, 2025.
(3) Notwithstanding subregulation (2), the fees prescribed in regulation
10(a) for the purposes of Schedule 3 Part I paragraphs 1, 1a, 2, 9, 10, 11 and 12
shall come into force on the 30th day of June, 2025 and the fees prescribed in
regulation 10(b) for the purposes of Schedule 3 Part IV shall come into force on
the 1st day of October, 2025.