Under a new ruling by the Supreme Court, naturalised British Overseas Territories citizens are to be freed from work permit restrictions.

The judgment by Chief Justice Ian Kawaley carries potential implications for other areas of law that could be deemed unconstitutional.

While the case excludes most work permit holders, it will affect holders of Permanent Resident’s Certificates (PRCs) and their spouses, as well as spouses of Bermudians and naturalised British Overseas Territories (BOT) citizens.

It will not extend the right to vote, cautioned lawyer Peter Sanderson, who told The Royal Gazette: “It just means that they have the ability to live here and work here. The constitution is clear that only Bermudians can vote.”

Mr Sanderson also stressed that only persons with no restrictions on their length of stay in Bermuda would be eligible for naturalisation.

The judgment was delivered by Mr Justice Kawaley earlier this month, on the case of Melvern Williams versus the Minister for Home Affairs and the Attorney General.

Mr Williams, who was born in Jamaica, was naturalised as a BOT citizen in December, but lost his construction job in March at the orders of the Department of Immigration, since he did not hold a work permit.

Mr Williams challenged the Department on the basis of the constitution — specifically, section 11 part five, which sets out the conditions under which a person is deemed to “belong to Bermuda”.

Naturalised citizens are included in that category, opening the way for Mr Williams to argue that the work permit stipulation had been discriminatory.

In his ruling, available online at the Supreme Court’s website, Mr Justice Kawaley noted that Bermuda’s immigration laws had operated in this manner without challenge since 1968.

According to Mr Sanderson, the ruling sets a precedent for challenging other laws that go against the rights of naturalised BOT citizens. This could include the 60-40 rule for company ownership, as well as government hiring and firing regulations that favour Bermudians.

“Naturalisation is limited mainly to PRCs and spouses of Bermudians, who can normally work anyway — but as an example, the wife of a PRC can naturalise and then be able to work,” Mr Sanderson said.

“The main point is that this ruling declares that anyone who belongs to Bermuda is able to work without restriction.”