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BERMUDA | RSS PODCAST

Does OBA have political will to work with PLP?

Controversial policy: residents with tape over their mouths and holding placards stood outside Sessions House on Monday to urge the Bermuda Government to withdraw the Pathways to Status Bill (Photograph by Akil Simmons)

Recall this One Bermuda Alliance 2012 election promise: “We will expand the voter base”? The recent Pathways to Status proposal has been highlighted in many ways, both positive and negative, depending on whom one speaks with. What has not been put forward by the OBA is the full extent of numbers of persons who would become eligible for Bermudian status via the proposed amendment to the Immigration and Protection Act 1956.

So today, let us take a look at this in numeric form:

1, Permanent resident’s certificate holders

According to the 2010 Census, there are approximately 6,000 persons who have the potential to be eligible for status over the next few years, including:

• 1,878 PRC holders

• 1,237 spouses of PRC holders

• 2,960 children of PRC holders

“You can also expect to see from us this session amendments to the Bermuda Immigration and Protection Act 1956. The permanent resident’s certificate holder cannot pass their residency rights on to their children. This provision has created a state of limbo and uncertainty for children born to these parents that needs to be resolved for the sake of the individuals and children who are affected” — Senator Michael Fahy, November 13, 2013

2, Work permit holders

According to the 2015 Employment Survey, there are approximately 9,000 work permit holders, who, under existing legislation, can continue to have their work permits renewed until they each reach 15 years of residency. These work permit holders are then eligible for PRC and then eventually full Bermuda status.

This does not factor into the equation that many guest workers have spouses and children who could then qualify for PRC and then full Bermuda status.

As of February 2013, term limits were removed, which now creates conditions where guest workers could demand PRC status and, ultimately, full Bermuda status. The OBA initially claimed that they would force guest workers to sign a waiver to state that they agree to no expectations of permanent residency and that work permits would control how long guest workers remained in Bermuda.

“The ministry obtained some time ago legal advice that demonstrated unequivocally the law, as it currently exists, was sufficient to limit reasonable expectation of permanent residents. Term limits are not required in any way to do that. Period.” — Mr Fahy, January 31, 2013

In summary, we now have a situation that could potentially allow more than 15,000 persons to soon demand Bermuda status. This is a clear call for a comprehensive immigration reform of our archaic immigration policies.

This national immigration plan must take into careful consideration the short-term and long-term economic, social and environmental issues that surround immigration and the impact that immigration legislation and polices would have on Bermudians.

The careful management of population and labour is key for any government, but it is even more so for Bermuda, given our limited resources available. This is especially important as we consider:

• The recent OBA amendments to the Job Makers’ Act, which reduces the requirements for executives in international business who wish to obtain PRC status

• The need to stem the flow of Bermudians leaving our shores by protecting opportunities for our people

We now circle back to the salient issue: does the OBA have the political will to do the right thing and work in collaboration with the PLP, and the people of Bermuda, to establish a fair and comprehensive immigration plan? Or is it simply looking at the possibility of gaining thousands of new OBA voters?

The ball is effectively in their court with two more fundamental questions in play:

• Does the OBA put party above country?

• Does the OBA put work permit holders and PRC holders above Bermudians?