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100 join protest group

A protestor opposing a tough new housing law which penalises Bermudians married to foreigners has received 100 responses in just over two days from people wanting to join his group.

Ronnie Viera, 44, launched his campaign on Monday evening after The Royal Gazette revealed that the Bermuda Immigration and Protection Amendment Act 2007 prevented Islanders with expatriate spouses from buying property without a licence or purchasing more than one home if their partner benefits from or contributes to the property.

He said yesterday: "There have been a hundred people that have responded, so probably a hundred couples, and quite a few of them are already affected by the Act. They have either tried to buy or in one or two cases the sale has fallen through. Lots have complained about not being able to buy investment homes."

Critics have denounced the Act which became law last month as draconian and unfair on locals married to non-Bermudians. The new legislation has been introduced to combat so-called "fronting" a practice involving non-Bermudians gaining property or land here using a Bermudian as a "front".

But in order to ensure that foreigners can gain an interest in only one property or piece of land, it requires couples comprised of a Bermudian and a non-Bermudian to adhere to strict rules in relation to property or face imprisonment and/or a hefty fine.

The couples must obtain Government permission to buy a home, even if the foreign spouse is not named on the deeds or the mortgage. That permission can take up to six months to obtain. And, if they own any other properties which they rent out and the partner benefits from that income, they will be in breach of the law after June 2010.

A source in the industry told this newspaper yesterday that Government was likely to soften its stance when guidance notes on the Act for lawyers, realtors and homebuyers are issued.

"I think they are working on them (the guidelines) now and I have a feeling they are going to take a lot softer stance," said the source. "They are going to have to because it's going to be discriminatory. There are two classes of Bermudians those who have property rights governed by marriage and those who don't."

Bermudian newlywed Jessika Fiedler-Johnson said she and her American husband Chris had put in an offer on a home but despaired of completing the sale because of the length of time it takes to get a licence from the Department of Immigration.

"My husband and I were looking forward to the prospect of finally owning our own home," said the 27-year-old. "We went to the bank, got our preapproval and then, once we called our lawyer to tell him that we were bidding on a property and may require him to do the sale and purchase, we got a nasty shock.

"When property sales occur so quickly usually a one month closing how can we ever get into the property market? And what if we wanted to buy a second property with an inheritance that I may receive?"

She added: "It would appear that my human rights are being ignored and that as a Bermudian married to a foreigner I am not on a level playing field with my fellow Bermudians."

The legislation could affect the Premier and Deputy Premier both of whom have been married to non-Bermudians for less than ten years (spouses can gain Bermudian status and full property rights after a decade of marriage). Premier Ewart Brown married New Yorker Wanda Henton in 2003. The couple live in Gombey House, on AP Owen Road, in Smith's.

Deputy Premier Paula Cox lives on Green Hill Lane, Smith's. She married Germain Nkeuleu, who is from Cameroon, less than a decade ago.

Neither would comment this week on whether they own other properties on the Island. But the Premier's press secretary Glenn Jones said: "If the Premier's life as a private citizen is applicable to this new law then it will affect him the same way it affects all other Bermudians married to non-Bermudians."

Mr. Viera will hold a public meeting with expert speakers in mid-August. In the meantime, he can be contacted at bermudian2007@hotmail.com.