was tabled in the House of Assembly yesterday by Home Affairs Minister Paula Cox.

PREAMBLE Bermuda prides itself on its democratic principles and on being a society that is predicated on the rule of law and the rule of constitutionality. Therefore we cannot shirk our international responsibilities and duties towards those who have chosen to make Bermuda their home and towards those who have made a contribution over the years to the development of our community, even if they may not have been born and bred here.

However, notwithstanding our commitment to fulfilling our international obligations, it must be acknowledged that choices were made when people first came to Bermuda some time ago and then opted to stay without any guarantees of security of tenure. It should also be noted that those persons who came to Bermuda after July 31, 1989 came to Bermuda without a legitimate expectation that they would be allowed to stay indefinitely or to gain Bermudian status.

The challenge for any government is to ensure for the future that we do not perpetuate a system which allows people to stay indefinitely without being very clear that this will not give rise to a claim for Bermudian status or long-term residency.

The position articulated by the Government as its policy position when it was the Opposition is consistent with its position now.

The Progressive Labour Party Election Platform on the subject of long-term residency states: "A PLP Government will implement a system of permanent residency to provide security of tenure to long-term residents.

"At the same time, a strict moratorium on the granting of Bermudian Status will be maintained, with a view to all citizenship issues being resolved when Bermuda ultimately decides its future constitutional position.'' International law, specifically in the realm of international human rights, requires that jurisdictions adopt certain standards in terms of their treatment of its nationals and residents. The premise adopted as the starting point is that there are certain inalienable rights, which should be considered to be non-negotiable. They are benchmarks for a sophisticated, enlightened and fair society.

Notwithstanding this, we cannot be seen to allow non-Bermudians an unfettered right to come to Bermuda and to gain permanent residency. Just as our road traffic may have reached, or be reaching, its saturation point and just as there are issues relating to population dynamics which we cannot ignore, so too there should be no untrammelled rights for newcomers to these Islands to gain prescriptive rights to permanent residency in Bermuda.

Essentially the issue is that the Government cannot disavow the international responsibility we have, as the Government, to those residents of the Island who have been permitted, and tacitly encouraged, to make Bermuda their home over an extended period of time. The recognition of our duties, as a responsible and humane member of the international community, dictates that we cannot be seen to do otherwise. However, this does not mean that the rights of the long-term residents in Bermuda have primacy over the duties owed to Bermudians. This is acknowledged in the Green Paper which is now tabled before this Honourable House.

The former Government had produced a Green Paper so that some of the preliminary groundwork had been done. However, this Government has a different focus and therefore we now table, as promised, our Green Paper on long-term residents for you to consider and to discuss.

It is very important that we fully air the subject. The issue of long-term residency, linked to the question of the extent to which privileges should be granted to those persons who have lived in Bermuda for a number of years, is a highly charged and emotive issue. The eventual manner and form of any system of permanent residency is a highly sensitive topic. Any examination of these issues must bear this in mind as well as the interests of the local community as a whole.

The resolution of the position of long-term residents in Bermuda must not compromise the position of those who are Bermudian, or ignore such quality of life issues for Bermudians as the impact that conferring permanent residency on non-nationals may have on job opportunities for Bermudians.

We therefore solicit and welcome your input to what is clearly a critically important debate.

The discussion may get emotive, but hopefully the emotion will be tempered with reason, compassion and sound logical arguments to encourage a discussion based on a careful and thorough analysis.

These are complex issues, which, given the various considerations to balance and assess, the Government intends to address in a simple and workable manner, but also in a manner which is fair, equitable and reasonable The views of all will be listened to and heard -- not just those of the members of this Honourable House -- but also those of the wider community, as it is important to hear all the voices if we are to tackle the issue in a comprehensive yet humane way. Any future policy must operate in a manner which is beneficial to the interests of Bermuda and Bermudians.

INTERNATIONAL PRACTICE 2.01 International Law Under international customary law or international agreement, the alien is assured of certain substantive rights necessary to the enjoyment of ordinary private life in the state of his residence. Please note that `alien' is a common term used in referring to non-nationals under international law and is not intended to be construed as a pejorative term. In Bermuda law, a non-national is termed a `restricted person', while the term `alien' means a restricted person who is not a Commonwealth citizen.

Bermuda is an Overseas Territory. However, despite its constitutional status as an Overseas Territory, Bermuda does have the authority to determine its own immigration policy. Within the limits of its international obligations, Bermuda can prescribe its immigration policy, having regard to a number of factors as set out in the Immigration and Protection Act such as Bermuda's national economic interest e.g. Subsection 61(4), which states: "The Minister, in considering any application for the grant, extension or variation of permission to engage in gainful occupation, shall, subject to any general directions which the Cabinet may from time to time give in respect of the consideration of such applications, take particularly into account -- (a) the character of the applicant and, where relevant, of his or her spouse; (b) the existing and likely economic situation of Bermuda; (c) the availability of the services of persons already resident in Bermuda and local companies; (d) the desirability of giving preference to the spouses of persons possessing Bermudian status; (e) the protection of local interests; and (f) generally, the requirements of the community as a whole, and the Minister shall, in respect of any such application, consult with such public authorities as may, in the circumstances, be appropriate, and shall in particular, in the case of an application for permission to practise any profession in respect of which there is established any statutory body for regulating the matters dealt with by that profession, consult with that body.'' 2.02 Legal Permanent Residents `Green Card' Holders -- The US Model The US `green card' has been referred to as a possible precedent to be used as a model for permanent residency status for long-term residents of Bermuda.

Accordingly, it is appropriate to set out in some detail how the `green card' policy actually operates in the US We acknowledge the helpful assistance of the US Consul General, who has kindly given permission to reproduce the following excerpts from the Consulate's information document entitled Brief History of US Immigration Policy.

2.02.01 Non-immigrant Visas The United States does not have a situation similar to that of long-term residents in Bermuda because when a person who is neither a US citizen nor a US national (Legal Permanent Residents -- `green card' holders -- are nationals) is allowed to enter into the US, a determination has already been made by a consular officer and an INS (Immigration and Naturalization Services) inspector as to the alien's entitlement to remain in the US. If the alien receives a non-immigrant visa, then he or she is informed at the outset of the statutorily mandated limit on the amount of time he or she may remain in the US under that non-immigrant status. At the end of the authorised period of stay, the alien is required to depart the US or to find another classification under which to qualify for a visa which will allow the alien to remain longer in the US.

Non-immigrant visa applicants, in most cases, must convince a consular officer, when they first apply for a non-immigrant visa, that they have a foreign residence and other ties to a foreign country which will influence them to depart the US at the end of the authorised stay. It is not relevant that the alien has employment or that the alien has sufficient financial resources to support a lengthy stay in the US. Further, the ownership of property or the birth of a child in the U.S. does not entitle a person to resident status in the US. (Note that this is despite the fact that the child automatically becomes a US citizen by reason of his or her birth in the US.) 2.02.02 Immigrant Visas There are fifteen classes of immigrant visas under which an alien can qualify to immigrate to the US. These fifteen classes are divided into three major types of immigrant visas: immediate relatives; family-sponsored; and employment-based preferences. There are smaller classes which address specific issues of concern to the US. An immediate relative is someone who has a close, legal, familial relationship to an American citizen, e.g. a spouse, a child, a parent.

Except for the immediate relative classification, all immigrant and some non-immigrant visa classifications are subject to numerical limitations. Thus, in order to receive an immigrant visa there first must be "visa numbers'' available for the area of "chargeability'' and in the classification under which the alien is eligible to immigrate.

The Department of State and the INS are the agencies authorised to determine an alien's "chargeability''. Generally, the alien's place of birth is used to determine which country the person falls under or is "charged'' to. Persons born in British Overseas Territories, such as Bermuda, would be charged under Great Britain and Northern Ireland.

Visa numbers are allocated in chronological order to consular sections in US missions abroad. If the demand for visa numbers in a numerically limited classification is more than the numbers available, then that classification is deemed to be "oversubscribed'' and a cut-off date is assigned. The cut-off date for an "oversubscribed'' category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allocated a number. An example of an "oversubscribed'' classification is that of the family fourth preference which refers to the adult brothers and sisters of adult American citizens. For the Republic of the Philippines the cut-off date is March 30, 1978. This means that the US authorities are currently working on cases for people whose American siblings filed petitions for them in March 1978.

Countries with strong interest in immigration to the US tend to be "oversubscribed'' in some classifications. Given that visa numbers are allocated based on regional and relationship factors, there currently is no remedy for a country which is "oversubscribed''.

Aliens who have been admitted to the US on immigrant visas can remain in the US for as long as they maintain a permanent residence there. This excludes those who have been married to a US citizen for less than two years. Recent spouses of US citizens are allowed to enter on "conditional'' status and two years after the marriage must demonstrate to the INS that they continue to be in a valid marital relationship. Once the conditional status is removed the person then becomes a Legal Permanent Resident of the US. After a minimum of five years in the US as a Legal Permanent Resident, an alien can apply to become a US citizen. In certain situations, the spouse of a diplomat or an active duty military person, the alien can be "expeditiously'' naturalised as a US citizen.

2.02.03 Legal Permanent Residents or `Green Card' Holders A Legal Permanent Resident is someone who has been lawfully accorded the privilege of residing permanently in the United States as an immigrant. Legal Permanent Residents are considered as US nationals because they now owe permanent allegiance to the US as a result of their decision to permanently reside in the US. A Legal Permanent Resident is required by law to live in the US. If a person receives a `green card' and then moves to another country to live for an extended period of time, without receiving the approval of the US INS prior to the move, then the person loses his or her right to live in the US permanently and his or her `green card' may be revoked by the INS. If the INS revokes the person's `green card' he or she does not have the right of appeal to a court and he or she cannot request a `new card'.

A Legal Permanent Resident competes on an equal footing with United States citizens for employment except for positions which require the person to hold a certain level of security clearance or to be a US citizen.

PROTECTION OF BERMUDIANS Relieving hardship experienced by long-term residents must be balanced by protection for Bermudians. That protection must take a form which preserves certain rights to Bermudians or prevents the creation of large numbers of long-term residents in the future. Accordingly, the decision has been taken by this Government not to reintroduce the discretionary grant of Bermudian status until necessitated by any change in Bermuda's constitutional status.

3.01 Bermudian Status 3.01.01 Problems created by granting Bermudian status The Government has ruled out amendment of the Bermudian status provisions of the Bermuda Immigration and Protection Act 1956 as a practical means of assisting long-term residents. This decision was made because of the probable long-term negative effects of creating large numbers of Bermudians in a short space of time. Bermuda is already densely populated. The infrastructure is straining under the weight of numbers: the demand for housing, school places and transport exceeds supply in all areas.

The decision not to grant Bermudian status was based on the need to preserve the diminishing land mass for Bermudians. When Bermudian status is granted to a person, it effectively creates a whole new line of Bermudian descendants who will perpetually be competing for the existing finite land.

Further, many of the alleged hardships that have been articulated by long-term residents can be addressed without the grant of Bermudian status.

3.01.02 Acquisition of Land The housing issue is a serious one for both Bermudians and long-term residents. The Government has resisted granting Bermudian status to long-term residents to date partly to protect the land rights of existing and future generations of Bermudians.

3.02 Voluntary Waiver of any Residency Rights One measure for consideration is to have a mechanism whereby the person for whom an initial work permit application is being made, is invited to sign a waiver on first arrival in Bermuda. By so signing, that person waives the right to exercise any claims or expectations to long term residency in Bermuda that could potentially arise as a result of his, or her, ordinary residence in Bermuda.

Whether the person signs the waiver or not is completely voluntary. It will have no bearing on whether the initial work permit will be granted or not.

However, the person who does not sign the waiver will know that his or her term in Bermuda on a work permit, will be limited to the maximum under the policy current at that time.

The invitation to sign the waiver would not apply to anyone who first took up ordinary residence in Bermuda for employment before August 1, 1989, unless an existing permit holder voluntarily chooses to sign.

All other persons would be invited, either before entering Bermuda to take up employment, or at the next work permit renewal, to sign a waiver framed in the following terms: "I hereby, freely and without coercion, waive any rights that may accrue to me, or to my dependants, on the basis of the British Nationality Act 1981, British common law, or natural justice, as a result of my ordinary residence in Bermuda for the purpose of employment in Bermuda on a work permit. With respect to my permission to reside and work in Bermuda, I declare that I have read and understood section 7A of the Bermuda Immigration and Protection Act 1956, which states: (1) A grant to a person shall not, except to the extent, if any, expressed in the grant, confer upon him any right, or ground or support, any hope, claim or expectation which he may assert - (a) to or of any extension or renewal of the right or rights expressed in the grant; or (b) to or of the award of any right or rights other than the right or rights so expressed.

(2) In subsection (1), "grant'' means a certificate, licence, permit or other permission (whether so called or by any other name) given or issued to a person under any provision of this Act.' '' The purpose of the waiver is to be transparent by disclosing, up-front, that, irrespective of any work permit renewals, any form of long-term resident status will not be conferred on the permit holder.

4.01 Issues There is no argument about the contributions made by residents who have been living and working in Bermuda for a number of years. However, the question of what should be done about the situation continues to be the subject of much debate among both Bermudians and non-Bermudians alike. While most would agree that "something must be done'' to address this problem, the solutions proposed vary along the entire spectrum: from bestowing Bermudian status, to doing nothing.

Analysis of public response shows that those Bermudians who are sympathetic towards long-term residents are strongly in favour of the grant of some security of tenure to people who have worked and resided in Bermuda for twenty or more years. However, those Bermudians who are not sympathetic are fearful of unfair competition for jobs, houses and school places, not just now, but in the future. This latter group argued strenuously against the grant of Bermudian status, but objected less strenuously to some form of job security being granted to long-term residents.

In analysing public response, the majority of long-term resident non-Bermudians identified the need for: long-term security in the job market; long-term security of residence in Bermuda post-retirement; the ability to provide a future in Bermuda for their children who know Bermuda as their only home; the ability to own land subject to some controls; and their ability to convey their land to future generations.

Green Paper: Home Affairs Minister Paula Cox, who tabled the Green Paper on long-term residents yesterday.