Premier 'not sure' if foreign spouses can 'contribute' to home purchases
Confusion abounds over an amendment which bars foreign spouses of Bermudians from owning more than one home.
On Monday evening the Premier said he was not sure if the foreign spouse could contribute toward the purchase of an additional house with their Bermudian partner.
Yesterday, the Minister of Immigration accused The Royal Gazette 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 long 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."
On a ZBM interview Monday evening Premier Ewart Brown was quizzed by Gary Mereno, who is an expatriate spouse of a Bermudian, about the law.
In particular Mr. Moreno said it would prevent mixed-status couples from purchasing more than one house and bequeath it to their children — because the non Bermudian would contribute to the purchasing of the property.
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."
He added that Attorney General Philip Perinchief had received a number of queries and opinions from local lawyers on the subject.
Since the amendment was announced a pressure group Land Opportunities for All Bermudians (LOAB) was created and has met with the Minister of Immigration Derrick Burgess.
It is designed to combat loopholes and fronting — the practice of foreigners obtaining property illegally by using Bermudians as a front. However, LOAB claims the law is discriminatory.
Mr. Burgess says the new law is necessary to protect land resources on an island where land and housing are in short supply, with 37 percent of residential land in Bermuda already owned by non-Bermudians under licence.
