Log In

Reset Password
BERMUDA | RSS PODCAST

PLP seeks to close immigration law ‘loophole’

Progressive Labour Party MP Walton Brown

The Opposition Progressive Labour Party is seeking to strike down a “loophole” in immigration law allowing for the grant of Bermuda status to applicants with “the least connection with Bermuda”.

A clause recently used to confer status on two permanent residents’ certificate (PRC) holders could be deleted from the Act under the proposed change to the law.

The Bermuda Immigration and Protection Amendment Act 2014 seeks to delete the Act’s entire provision for the Minister to grant Bermuda status to people who resided on the Island before July 31, 1989, and who:

• Had at least one Bermudian parent, and were born locally or first arrived in Bermuda before their sixth birthday; or

• Are British Dependent Territories citizens by virtue of a grant by the Governor.

For PRCs, applicants must also have lived in Bermuda for ten years at the time of application — and, among other stipulations, show that they are of good character.

However, the implications of the section — specifically, 20B (2)(b) — took many by surprise when Chief Justice Ian Kawaley earlier this month upheld a decision by the Immigration Appeals Tribunal for PRC applicants Rebecca Carne and Antonio Correia to get full status.

Shadow Immigration Minister Walton Brown announced yesterday that the Progressive Labour Party would seek to remove all of section 20B.

Moving for leave to introduce and read the Bill at the next sitting of Parliament, Mr Brown told MPs it was aimed at bringing legislation in line with Government policy since 1989.

According to its explanatory memo, the Bill would strike down “the catch-all criteria” granting status to “applicants with the least connection with Bermuda, and the greatest potential for harming Bermuda aspirant [sic] and real economic and social well being” — as well as closing “a loophole in the law”.