“The One Bermuda Alliance does contradict itself sometimes. We make no apologies for that” — MP Glen Smith, Bermuda Sun, January 22, 2014

On September 10 the OBA announced that all 6,782 work permit holders had signed a waiver declaration recognising that they are not entitled to permanent residency in Bermuda.

Let us look at some excerpts from this waiver declaration.

Contradiction 1

“I am now informed and understand:

• that as a work permit holder I am subject to restriction on the period for which I may remain in Bermuda and therefore there is no basis in law for me to be naturalised as a British overseas territories citizen”

Can these declarations prevent work permit holders who have resided in Bermuda for five years or more from applying for UK naturalisation?

According to a Ministry spokesperson: “In order to become naturalised, an individual must follow requirements as set out in the British Nationality Act 1981 …[which] basically says that if the applicant is of good character, has been in Bermuda for a period of five years ending with the date of the application, and […] is not subject to any immigration restrictions for the 12 months preceding the application (among other conditions), the applicant should, under most circumstances, be granted BOTC” — Bermuda Sun, May 4, 2014

With naturalisation, a person becomes a British Overseas Territories Citizen (BOTC). Section 11(5) of our Constitution gives certain rights and protections to persons known as Belongers.

Under our Constitution, Belongers include:

• Bermudians,

• spouses of Bermudians, and

• citizens of the United Kingdom and colonies by virtue of the grant by the Governor of a certificate of naturalisation, ie BOTCs

Note, it is Section 11(5) that OBA is using to justify granting PRCs Bermudian status.

Contradiction 2

“I am now informed and understand:

• that children born in Bermuda to non-British parents whose immigration permission is subject to time restrictions are not BOTCs by birth.”

However, in their November 2013 Throne Speech, the OBA promised to give status to both children born in Bermuda and to children of PRC holders.

“In order to conform to human rights obligations under the European Convention on Human Rights, the Government will move forward with amendments to the Bermuda Immigration and Protection Act 1956 to provide pathways to Bermuda status for persons born in Bermuda or persons who have been adopted by Bermudian parents.

“You can also expect to see from us this session amendments to the Bermuda Immigration and Protection Act 1956. The Permanent Resident Certificate [PRC] 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

Contradiction 3

“I am now informed and understand:

• that Bermuda’s laws aim to preserve Bermuda’s land and other resources for those with Bermudian status or permanent residence, and therefore must limit the number of persons obtaining such status or residence.”

Despite this the OBA recently amended the Companies Act 1981 to allow foreign companies to buy residentially zoned properties and relaxed restrictions surrounding the granting of PRC status in the Incentives for Job Makers Act 2011.

Contradiction 4

“I am now informed and understand:

• that as a result of changes to the law of Bermuda, when I am no longer eligible for a work permit, I will not qualify to remain longer in Bermuda on the basis of my past residence as a work permit holder, regardless of the length of that residence”

After creating the potential for more long-term residents by removing term limits, OBA then conveniently points to the European Convention of Human Rights on long-term residency as justification for supporting PRCs status grants.

More Pain, No Gain

It is only a matter of time before these waivers will be challenged in court. The questions now are:

• Why has the OBA set Bermuda up for more immigration legal challenges?

• What is their real end game?

As with the PRC issue, they will attempt to invoke Human Rights and/or the need for residential population growth. With these changes to the immigration policies the OBA clearly has an agenda aimed at the gentrification of Bermuda.

“And if I have to make it easier for rich white people to own land in Bermuda that is fine!” — MP Bob Richards House of Assembly, March 1, 2013.

E-mail: carib_pro@yahoo.com