US says travel rights ‘can be revised’ at its sole discretion
The United States Consulate General has moved to clarify that visa-free travel to the US is governed solely by US policy, and is not part of a bilateral agreement with Bermuda or Britain.
The office also highlighted that the island’s special relationship under US policy was not a guarantee, emphasising that visa-free travel was under the sole purview of American officials and “can be revised” subject to shifts in global politics.
Antoinette Hurtado, the US Consul-General, told The Royal Gazette: “Bermudians' visa-free travel to the United States is quite a special status currently shared with only one other nation worldwide, Canada.
“I've heard from many travellers who value and appreciate this very tangible symbol of the close ties and friendship between Bermuda and the United States.”
The clarifications came in a statement affirming travel privileges for Bermudian passport holders entering the US — in the wake of what the consulate called “recent questions from the public regarding Bermudians’ visa-free travel to the United States and what might impact that status”.
While the statement made no explicit reference to Bermuda’s overtures towards the Caribbean Community, which could come with moving from associate to full Caricom membership, the One Bermuda Alliance and others have repeatedly queried its possible immigration ramifications for travellers to the island’s closest neighbour.
David Burt, the Premier, responded in the House of Assembly on June 12 to questions from the Opposition leader, Ben Smith, over whether the Government had taken legal advice or discussed the move with US officials.
Mr Burt stated: “There is no expected impact on travel for Bermudians.” He said the Government was in the process of compiling a White Paper on the topic.
Their exchange in the House was followed by a government statement insisting there was “no basis for the suggestion that Caricom membership would affect Bermuda's visa-free travel to the United States or United States customs pre-clearance” at LF Wade International Airport.
The US Consulate stated yesterday: “Decisions regarding visa requirements for foreign nationals seeking to travel to the United States are made by the US Government.
“Citizens of the British Overseas Territory of Bermuda travelling to the United States on valid, unexpired Bermudian passports generally do not require non-immigrant visas as temporary visitors.”
The statement noted that the exemption “does not apply to individuals with ineligibilities under the US Immigration and Nationality Act”. Certain criminal convictions can bar entry for Bermudians.
However, the US comeback contradicted part of the Bermuda Government’s clarification issued at the beginning of July, when a spokeswoman stated: “Bermuda’s visa-free access to the United States operates under bilateral arrangements between the United Kingdom and the United States Government.”
By contrast, the US Consulate specified: “Visa-free travel for Bermudians to the United States is governed by current US policy rather than a bilateral agreement with Bermuda or the United Kingdom.
“Currently, only nationals of Canada and Bermuda enjoy this visa-free travel privilege. As circumstances evolve in Bermuda and countries around the world, US policy decisions on visa requirements can be revised.”
It is understood that the US State Department does not have a formal position on Bermuda becoming a full member of Caricom, because it is still dependent on the terms of any agreements and what constraints Bermuda would be under from Britain.
But it is also understood that the State Department is carefully monitoring developments, including potential changes to free movement of labour or residence rights that could ensue from full membership, while broader economic changes could also have an impact.
Previous to Mr Smith’s concerns raised in the House, Michael Fahy, the Shadow Minister of Home Affairs, said in January that Bermuda should approach full Caricom membership with caution after the US limited immigration from almost every Caribbean community country.
The consulate reminded Bermudians travelling to the US on British passports that they can apply for the Esta, or Electronic System for Travel Authorisation, or sign up for a US visa “as appropriate”.
• Details on visa exemptions and ineligibilities are available on theconsulate’s website
