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Moniz bids to review property licence law for mixed-status couple

Shadow Attorney General Trevor Moniz has tabled a motion in Parliament urging Government to review a law which requires some Bermudians married or living with foreigners to get a licence for homes they own.

Those who need the licence only have until June 22 to apply or face a jail term and/or a $1 million fine, as reported in The Royal Gazette last month.

Deputy Opposition leader Mr. Moniz has previously raised concerns about the Bermuda Immigration and Protection Amendment Act, claiming it has confused homeowners and needs rethinking due to the recession.

Bermuda Bar Council member Harry Kessaram has said lawyers dealing with the Act are having difficulties providing clear advice to their clients, especially in non-Bermudian spousal cases.

On Friday, Mr. Moniz tabled his motion in the House of Assembly, which read: "That this Honourable House urges the Government to review the Bermuda Immigration and Protection Amendment Act 2007, in particular with regard to restrictions placed on Bermudians with non-Bermudian spouses or parents and to extend the amnesty period for those categories while the review proceeds."

The legislation affects Bermudian homeowners in cases where foreigners provide financial assistance for the acquisition of property.

Many married and cohabiting couples, where one partner is an expatriate, need a $1,375 licence under the Act, as well as homeowning Bermudians with a foreign parent who has put money into the property.

The law, since June 22, 2007, has banned Bermudians married to expatriates from having more than one property.

It was introduced to prevent the practice of "fronting" — where a non-Bermudian gains an unlawful interest in land by using a local "front".

But Mr. Moniz has complained that the legislation penalises the wrong people and wants it to be amended so it doesn't affect spouses of Bermudians and Bermudian children with non-Bermudian parents.

His motion will be debated at a later date by MPs.