Silence from Govt.–on housing law
By Ruth O'Kelly-Lynch
The Ministry of Immigration has yet to clarify its stance on the amendment which bars foreign spouses of Bermudians from owning more than one home.
Prior to last month's General Election, The Royal Gazette reported that there was confusion over the amendment with then Immigration Minister Derrick Burgess saying one thing, the former Permanent Secretary Robert Horton saying another and the Premier saying he was not sure.
Since early December The Royal Gazette has asked several times for a clarification on the law but no statement about the policy has been made.
New Minister of Immigration David Burch has also been asked to clarify the position, but no news has been forthcoming.
Mr. Burgess had accused The Royal Gazette in early December of incorrectly stating that the legislation bars Bermudians married to foreigners from owning more than one property if the foreign spouse is to benefit from it in any way, such as by living in the property or receiving rental income.
He said: "This is simply not true. A non-Bermudian spouse of a Bermudian, who does not have an interest in a property, cannot run foul of the law simply by obtaining a benefit from the land such as occupying it or receiving the benefit of rents from it."
But in July the Permanent Secretary sent a lengthy response to questions about the amendment and stated: "Bermudians are free to acquire any number of properties in Bermuda provided they use their own resources to purchase them and do not rely on the wealth of their non-Bermudian spouses.
"Should the non-Bermudian spouse receive a benefit from the additional unlicensed properties, such as the receipt of rents or by occupying the property, then that person would be appropriating the land and would be in breach of section 78."
And on a ZBM interview Premier Ewart Brown was quizzed by Gary Moreno, who is an expatriate spouse of a Bermudian.
Dr. Brown — himself married to a non-Bermudian — replied: "I don't know that it prevents the Bermudian from owning other houses. I am not sure. I don't know if a non Bermudian partner can contribute."
Since the amendment was announced a pressure group Land Opportunities for All Bermudians (LOAB) was created and has met with the former Minister. They claim the law is discriminatory.
Mr. Burgess has said it was designed to combat loopholes and fronting — the practice of foreigners obtaining property illegally by using Bermudians as a front — and to protect land resources on an Island.
