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FACTS ABOUT THE LAND LICENCE

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The Bermuda Immigration and Protection Amendment Act was passed in 2007 with the aim of restricting the number of non-Bermudians who own land on the Island.

¦ It made it illegal for a "restricted person" — i.e. a person not possessing Bermudian status — to appropriate land without a licence.

¦ It affects couples made up of a Bermudian and a restricted person, where the expatriate provides financial assistance for the acquisition of land or property.

¦ In the case of married couples where a foreign spouse has gained Bermudian status, (after ten years of marriage, including seven years residence here), a licence is not needed.

¦ Cohabiting couples who are not married but consist of a Bermudian and a restricted person need a licence if the foreign partner provides financial assistance or benefits from the property in question.

¦ Financial assistance from a foreign partner is deemed by the Department of Immigration to be where any of the following apply: the expatriate's name is on the deeds of the property; they are a guarantor on the mortgage; they provided a gift or loan towards the house; they signed a loan application for the property; their income was taken into account when granting a mortgage; or their income is needed to keep up with mortgage payments.

¦ Licences are needed for first homes and any additional homes obtained before June 22, 2007. Since that date, mixed-status couples have not been allowed to have more than one property.

¦ Those needing a licence must apply before June 22. They will need a covering letter, $1,375 licence fee, a completed application form, three sets of plans for the property, an ordinance, a description of the home, two character references for the foreign partner, a sales agreement (if applicable) and a bank statement showing the source of money used to pay for the property. Requests may be made through a lawyer.

¦ The Department of Immigration says the normal turnaround time for applications is a month, but this is expected to increase due to the number of applications likely to be made before the deadline.

¦ Single Bermudians who own property and have foreign lodgers or flatmates are unlikely to need a licence since the expatriates are not gaining an equitable interest in the property.

¦ Homeowning Bermudians married to Bermudians are unaffected by the law and do not need a licence.

* Anyone still unsure if they need a licence should contact Rozy Azhar on 295-5151 x1443 or mazhar@gov.bm; Danette Ming on 295-5151 x1444 or dwming@gov.bm; or Marita Grimes on 295-5151 x1393 or magrimes@gov.bm.