Hayward says Government to get tough on marriage fraud
The island lacks a defined framework to define and investigate “sham marriages”, the economy and labour minister has said, highlighting cases in which complaints have been filed over “suspicious activities” suggesting that partnerships are not genuine.
Jason Hayward said the island was effectively flying blind when it came to marriages “entered into primarily for immigration or other legal benefit” rather than based on genuine partnerships, and used to “circumvent immigration controls”.
“In Bermuda, we realise there is no definition of sham marriages, nor is there authority to investigate suspicious cases,” he added.
He cited cases such as people — ordered to leave the island by immigration officials — who had subsequently married in Bermuda, or marriages involving persons with cognitive issues leading to suspicions that they could have been exploited into a union.
The change would allow the registrar to refer such cases to the immigration department for assessment and, where necessary, investigation.
Mr Hayward listed examples such as “inconsistent information provided by married parties, documented irregularities” and evidence of a financial inducement to marry.
Instances where marriages were shown to be false could lead to immigration benefits being refused or revoked.
Knowingly entering into or inducing a sham marriage would be made a criminal offence.
Mr Hayward said a policy document on the matter would be brought to the House of Assembly, to be followed by legislation now under draft going before MPs at a later parliamentary session.
He said: “While the vast majority of marriages are genuine, marriages can also be used to circumvent immigration controls.
“Recognising this, many countries have introduced safety measures to protect the integrity of their immigration systems while preserving the rights of genuine couples.”
Mr Hayward also referenced proposed updates to the island’s closed and restricted job categories, covering entry level positions in insurance and reinsurance — in recognition of their “critical role” as drivers of the island’s economy, where “many Bermudians have experienced notable success”.
Restrictions, developed in consultation with industry associations, would come into effect next Tuesday, including entry-level underwriting administration, potentially covering the jobs of underwriting assistant, assistant underwriter and trainee underwriter.
For entry-level insurance claims roles, the restriction could include that of claims assistant and claims associate, while entry-level brokerage roles could include broker assistants and junior brokers.
“Avenues for success must remain available for Bermudians, and employment opportunities such as these must remain accessible,” he said.
Jason Hayward, the Minister of Economy and Labour, confirmed that “there is a portion of staff across various areas that have been placed on administrative leave” as an internal investigation proceeds into an unspecified issue in the Department of Immigration.
Mr Hayward added: “I do not want to go into details.
“The investigation is following proper policy and procedure set out within the Government.”
He emphasised that “because someone has been placed on administrative leave does not mean that they are guilty of an offence — just because a staff member is out on leave does not mean they are involved in the allegation”.
Asked if the move had hit the turnaround in areas such as work permits or passports, Mr Hayward said: “Not at this point.
“What we are doing is working through workflow. We have managers that are assigned tasks so that there is minimum disruption.”
Mr Hayward addressed prohibition of entry laws, which he said would be updated to keep the island in line with the requirements of Britain, the United States and Canada.
He said the move would allow Bermuda to keep up with “changes in border transit and visa policy in the UK”, which affected the island’s ability to provide secure international travel.
Nations deemed under visa control and requiring multi-entry visas by the US, UK and Canada, once gazetted, will include Botswana, the northern part of Cyprus, Ivory Coast, Nauru, Nicaragua, Palestine and St Lucia — while Indonesia and Taiwan would be removed from the list.
