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Govt. welcomes intl. business seeking legal advice on term limits

Government will not back down from its six-year work permit term limit policy ? but it could allow ousted workers to return quicker to avoid a brain drain.

Under the term-limit policy, which will begin to bite in April, work permit holders who have not been granted key employee status and thus the chance of remaining for another three years will be turfed out.

Currently those workers can return after two years away from Bermuda and begin another six year term.

Government is keen not to create more long-term residents but it has asked employers to find ways to adapt the policy.

Employers fear disruption from losing experienced employees only to have to import replacements because of the shortage of local labour.

On Monday International business leader David Ezekiel will meet with top lawyers in London to try to find ways forward.

Mr. Burgess said Mr. Ezekiel would explore whether a shorter period away could be brought in without risking having the first six years count towards any claim on citizenship.

?What we said to them is do you think the two years is too long? If you can get me an opinion from a reputable legal firm saying ?No, it can be achieved in three months or three days or three weeks? then we will look at it.

?So we asked them, along with other employer groups to do the same thing. Look at the legal opinion. Because we understand the world shortage of skilled people. At the same time we are only 21 square miles. So what Mr. Ezekiel is doing is welcome. We suggested it to him.?

He stressed Government was willing to be flexible on the term limit policy.

?If come April ? say you are not a key employee ? and your employer advertises.

?He or she doesn?t get a local applicant and you can?t find an applicant from overseas they can come to us with that problem and we will address it. It can be extended up to three more years.?

But he also said: ?The term limits policy recognises that Bermuda cannot continue to sustain even another 1,000 work permit holders and their families every seven years who have an expectation that they will be allowed to remain in Bermuda indefinitely and that they will one day appeal to the Government to give them and their children permanent residence.?

He noted people could get citizenship in Britain after five years and European Citizenship after ten years.

Mr. Burgess said if people wanted to sign waivers renouncing any future claim on citizenship in return for longer stays it wouldn?t hold up.

?We have put that forward to the UK. It wouldn?t hold up in the UK courts. That?s why a waiver won?t do it.?

He said Britain had raised the question of whether it could be argued in court that people had been coerced into signing a waiver.

On the idea of waivers he said: ?It?s what we would have liked. It would have been ideal. But we have to go by what other countries tell us in that respect.?