In 2001, the term limit policy was instituted by Government to guard against the possibility that Bermuda would be faced with a need to grant long term residency to guest workers who had lived and worked in Bermuda for an extended period.The term limit policy and the work permit policy are not the same, and need to be differentiated. The work permit policy protects the legitimate rights of Bermudians to fill jobs in Bermuda. If the term limit policy was rescinded, the pre-eminence of Bermudians in filling jobs, and advancing along a career path under the work permit policy would still remain. Work permits would still have to be applied for and advertised periodically with appropriate qualified and experienced Bermudians having priority. Doing away with term limits does not in any way dilute the strength of the work permit policy.Since the inception of the term limit policy, the Association of Bermuda International Companies, the Bermuda Employers Council and the Bermuda Hotel Association have maintained that it would have a significant detrimental effect on business, hampering attempts to attract and keep the guest workers vital to our economic success. The argument was that requiring guest workers to leave after a number of years discourages some people from coming to Bermuda and denies companies experienced people with specialised and local knowledge, and the good business fit and social integration that often accrues with longer term guest workers. This policy is reducing the international competitiveness of Bermuda as a place to do business, and increasing the cost of doing business by requiring the replacement of qualified and experienced staff that has to leave the Island.ABIC, BEC and BHA were asked by the then Minister of Labour to explore alternatives and seek solid legal arguments that would ensure that guest workers do not gain residency rights, while at the same time disproving a need for the term limits policy. Three separate opinions were sought, Applebys, Penningtons (using Laurie Fransmann Q.C. one of the pre-eminent immigration lawyers in the world), and Mello Jones and Martin. The three opinions had striking similarities, Bermuda law is presently sufficient and clear that Bermuda need not be subject to any claims for residency rights provided that the law preventing such claims is clearly stated and understood. In addition, Bermuda has nothing to fear internationally by rejecting such claims of residency rights. To add further clarity to the guest workers’ understanding of Bermuda law, all that is required as an alternative to the term limits policy is the signature of guest workers on a document of Acknowledgement, (acknowledging that the guest worker is aware that the laws in Bermuda preclude the possibility of residency rights accruing based on length of stay) that would be included in the basic Immigration documentation.In 2007, and again in 2008 ABIC, BEC and BHA shared the legal opinions with the Minister. At his request the opinions were reviewed by the Attorney General and were found to be sound. ABIC believes that with these legal opinions, the Minister should be convinced that a term limit policy is not necessary to achieve the original goal of preventing residency claims which could open the door to a change in policy.The business world has changed significantly in the decade since the term limit policy was first defined. Business faces much greater worldwide competition for its products and the staff to service them. Bermuda’s competitive advantage has been eroded. The term limit policy is regularly cited in exit interviews, by external recruiters and business leaders, as a policy that has a negative effect on how people view Bermuda as a place to do business and to work. Removing the term limit policy would counter this negativity without damaging the interests and aspirations of Bermudians.Richard Winchell is the executive director of ABIC