Immigration fails to clarify law
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.
Last week The Royal Gazette reported that there was confusion over the amendment with Minister Derrick Burgess saying one thing, the Permanent Secretary saying another and the Premier saying he was not sure.
Since then The Royal Gazette has asked for a clarification on the law but no statement about the policy has been made.
The Minister accused The Royal Gazette last week 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."
And 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.
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 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 the Island.
