Residency Obligations, Physical Presence & Exemptions

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One of the key advantages of Antigua and Barbuda’s citizenship by investment program is its light-touch residency requirement, making it particularly attractive to globally mobile investors. While many programs require months or years of in-country residence, Antigua takes a symbolic approach, ensuring accessibility while still satisfying international norms.

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Legal Residency Requirements

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Under the Citizenship by Investment Act and related regulations, new citizens are required to spend at least 5 days in Antigua and Barbuda within the first 5 years of obtaining citizenship. This minimal requirement can be fulfilled cumulatively or consecutively at any point during that period.

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The legislation was designed to balance the country’s desire for physical engagement with investors against the realities of their global responsibilities. It also aligns with Antigua’s regional peers such as St. Kitts, which imposes no mandatory presence, and Dominica, which has similar symbolic requirements.

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Enforcement and Monitoring

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The Immigration Department and the Citizenship by Investment Unit (CIU) monitor residency compliance through:

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• Entry and exit logs maintained at ports of entry.
  
• Passport stamps and travel records.
  
• Renewal applications and declarations upon passport expiry.
  
  

Citizens who fail to fulfill the 5-day requirement within the specified period may face challenges when renewing their passports, and in rare cases, may be subject to administrative review. However, enforcement is generally lenient for first-time oversights, provided the failure is not part of a pattern of neglect.

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Exemptions and Discretionary Waivers

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The legislation allows for ministerial discretion in granting waivers of the 5-day rule under exceptional circumstances. These may include:

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• Serious health conditions or caregiving responsibilities.
  
• Political instability or sanctions in the applicant’s home country.
  
• Travel restrictions due to force majeure (e.g., pandemic-related).
  
  

Applicants seeking a waiver must submit formal documentation, including medical records or sworn affidavits, and engage legal counsel to navigate the discretionary process. Success rates for well-documented cases are generally high.

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From a strategic standpoint, advisors should encourage clients to fulfill the physical presence requirement as part of a relationship-building visit that may include business scoping, philanthropic engagement, or family travel.

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