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Having an alien spouse can have complex implications

From the days when cavemen dragged the little woman back to the domestic fires, having filched her from a neighbouring tribe, the act has engendered extreme emotions, from open welcoming arms, to hostility and ostracism.

The attitude toward a foreigner in the midst didn't seem to change much in the centuries that followed if history recanting is to be believed. Women and men from differing backgrounds, cultures, languages, and religions were married off to gain title to property, combine vast landholdings, and consolidate power.

This tradition, if that is the right description, is still prevalent in some societies today. It is said that opposites attract, but introduce someone unlike the homegrown pool of eligible damsels and gentlemen into the native population and there is an implied perception that the local talent didn't quite measure up.

Even if that someone is a beauty, a talent, or a popularity contest winner, it may take time to develop friendships because another eligible bachelor (ette) is removed from choice by the real natives. Of course, no one gets taken without their permission - most of the time.

Reputationally, it can become discouraging. If the newly betrothed arrives speaking certain other languages, it could be deemed that the newcomer had other motives aside from an honest relationship.

Just a few moral overtones here: the assumption is that love had nothing to do with it. Expatriate Influence. Or, wait, maybe that is not the perception at all; it might be different, more like this.

The expat will have more friends than ever thought possible if he/she is attached to a status job and specialised global qualifications. Everyone enjoys the proximity of basking in the golden glow - so to speak. The individual's intellectual assets, position and patronage will be valued, cause everyone loves a generous winner. This is the optimum situation that is hoped is extended to every expatriate bringing talents to foreign shores.

It is not easy to be the foreign spouse of a native citizen, but in reality, it never was. In our culture, the Blissful Relationship between a native and an expatriate brings no preliminary rights to the newcomer. There is a trial for the long-term - ten years; divorce before the magic number, the outcome can be uncertain.

Contrast the local rule with sponsoring citizenship rules of other nations. Generally, a US citizen or dual Bermudian/US can sponsor a spouse even before marriage.

There may be no legacy to call your own; as an expatriate, you may be part of the excluded class in the family trust if your citizenship exposes the foreign trust and native beneficiaries to tax issues.

A babe in arms born on the Rock has different citizenship right connotations; it depends upon the status of his/her parents. Born in the United States of America and your birthright and citizenship is guaranteed by the 14th Amendment of the US Constitution. It does not matter whether your parents have US citizenship.

Voting rights and ownership of shares of a local company - maybe yes, maybe no, if your relationship is young and you are on a work permit. Ah, but you can guarantee a mortgage, and ante up those payroll taxes.

Everyone is happy to take the money - that is always welcome. Track back by other nations. Some families can become caught in a cycle of border crossing challenges. Move to the US as non-resident alien spouse (or indeterminate status) and you may be living there illegally even if you are married to a US citizen.

Trackback to Bermuda or staying away too long, and you may lose out on long-term residency status during a crucial counting phase.

Property ownership - living in a home with your Bermudian spouse?

You may need a land licence. The following questions provided by the able staff at the Ministry of Labour, Home Affairs and Housing - Department of Immigration may help with the answer you need to know now as the deadline to comply with the Immigration Act is a few weeks away. Do you need a land licence?

1a. Did you own the house prior to the beginning of your relationship with your spouse?

1b. If yes, have you and your spouse subsequently undertaken any renovations together?

If the answer is NO to 1a. and /or YES to 1b., then answer the questions 2 to 7 below.

2. Is your spouse's name on the deeds?

3. Is your spouse a guarantor on the mortgage?

4. Did your spouse provide you with a gift or a loan towards the house?

5. Did your spouse sign the loan application?

6. Did the bank take into account both your incomes when granting the mortgage?

7. Does it require both your incomes to maintain your home (i.e. the mortgage payments in particular)?

If you answer YES to any question from 2-7, then it is likely that you need a licence. If you answer NO to questions 2-7, then you do not need a licence. The requirements for a licence for a spouse of a Bermudian to acquire property in Bermuda include:

• Covering letter

• Current fee of $1,375

• Application form

• Three sets of clear plans

• Ordinance

• Description of the property

• Two character references

• Sales agreement, if applicable

• Bank statement - i.e the source of the money used to pay for the property for which an application is being made. If the relevant bank is lending the money, the Department will also accept a confirmation or pre-approval from the bank of the mortgage in lieu of the bank statement.

The application deadline is before June 22, 2010. If you think this applies to your family, please act now by calling 295-5151 or go to the Government Administration Building 30 Parliament Street Hamilton.

We estimate that there may be as many as one out of every four individuals in our population who have dual nationalities, are foreigners who have married into a dual-national family, or are expatriates in long-term relationships. That includes our elected leaders, government and civil servants and everyone else in between. Aliens they are not, they are all part and parcel of our demographic society.

This is a general overview of some of the issues arising with relationships, citizenship, work permits, and asset ownership in Bermuda. The information contained within this article cannot be used, and should not be used, as specific personal advice for any individual financial situation. You are advised to consult with qualified professionals regarding your personal situation.

Martha Harris Myron, CPA, CFP(US) TEP(UK) JP- Bermuda is an international Certified Financial Planner™ practitioner in private wealth management. She specializes in independent fee-only cross border investment, tax, estate, and strategic retirement planning services for Bermuda residents with cross-border and multi-national connections, internationally mobile people and US citizens living abroad. For more information, contact martha.myron@gmail.com">martha.myron@gmail.com or Patterson Partners Ltd 296 3528