A “possibly non-negotiable” provision of the Caricom treaty could “drive a coach and horses through Bermuda’s immigration rules” if the island became a full member of the regional organisation, a local lawyer has warned.

Peter Sanderson, a senior litigation counsel at BeesMont Law, questioned the impact full membership of Caricom could have on the island’s immigration policies, as well as the move’s potential knock-on effect on long-term residency in Bermuda.

Mr Sanderson said he expected “much more extensive” consultation than was carried out by the Government in its Green Paper on closer Caricom ties.

He said that although Bermuda would not take on the freedom of labour provisions of the Revised Treaty of Chaguaramas, it could still be impacted by the treaty’s “possibly non-negotiable” Article 45.

In a newsletter, he noted that the Article commits member states to the free movement of their nationals within Caricom.

Mr Sanderson said that the organisation made a commitment in 2007 for Caricom nationals to get a six-month, visa-free stay in other member states.

He added that the Caribbean Court of Justice has held freedom of movement as fundamental to the regional organisation.

Mr Sanderson highlighted the matter of Jamaican national Shanique Myrie, in which Barbados lost a 2013 case when it was found by the CCJ to have applied “differential immigration treatment” after trying to impose visa restrictions on her.

“A six-month, visa-free period could drive a coach and horses through Bermuda’s immigration rules,” Mr Sanderson maintained.

He said Bermuda’s present regime restricted all visitors to a stay of no more than six months in any 12-month period and required visas for visitors from various Caricom nations.

He warned that removing the restrictions, especially if combined with direct air links to the Caribbean, could create “a porous border between Bermuda and the Caribbean”.

Mr Sanderson said that Caricom nationals unable otherwise to obtain a visa could travel to and from Bermuda, repeating indefinite trips, making it “harder and more costly to control illegal working”.

He said the Bahamas had ended up with illegal or irregular Haitian migrants in the tens of thousands.

He added: “Given that Bermuda wages and employment rates are dramatically higher than the Caricom average, there would surely be a temptation to work illegally in Bermuda.”

On the rights of long-term residents, Mr Sanderson said the Government appeared to be contemplating signing up to the Right of Establishment provisions of the Caricom treaty.

In another newsletter, the lawyer said the move might allow Caricom nationals — which will seemingly include permanent resident’s certificate holders in Bermuda — the right to own businesses on the island without discrimination.

“This would entail a radical change to Bermuda's immigration restrictions over land ownership.”

While PRC holders might find their rights upgraded, Mr Sanderson said long-term residents might find their situation “downgraded”.

“They risk being overtaken by anybody who has never lived in Bermuda but has managed to obtain a Caricom passport.”

Mr Sanderson said “huge numbers” of such documents had been acquired by wealthy people outside the Caribbean via citizenship by investment programmes in Caricom jurisdictions such as St Kitts & Nevis.

Asked if provisions in Bermuda’s laws could avoid such scenarios, Mr Sanderson told The Royal Gazette: “This is where it would be very helpful to understand, article-by-article, which parts of the Caricom treaty the Government actually intends to sign up to and which parts Caricom will require Bermuda to sign up to as deal-breaker provisions.”

The lawyer said the Revised Treaty of Chaguaramas came with mechanisms requiring members to “harmonise” laws across areas including “investment incentives, industrial relations, social security, social infrastructure, non-discrimination in employment and competition policy”.

“These could all impact on areas where government gives preferential treatment to Bermudians as the treaty requires equal treatment among Caricom nationals.”

Alexa Lightbourne, the Minister of Home Affairs, has said that the Government would produce a White Paper laying out “the Government’s settled position”, including a legal review of the reservations Bermuda intends to put forward for the treaty.

She told the House of Assembly last week that feedback from the public would be reviewed, as well as input from the Legal Affairs Committee and Britain, ahead of the next document.

Ms Lightbourne said final terms were subject to negotiation with Caricom and the agreement of all full members, as well as Britain.

Mr Sanderson said: “I believe that it is only after there is a full understanding of what the Government actually intends to sign up to that the public will be in a position to understand the impact.

“This will be beyond town hall meetings as all sorts of people might have very detailed submissions to make.

“I would anticipate a much more extensive consultation exercise than that carried out for the Green Paper.”

The Government hosted town halls around the island for public feedback on full membership.