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BERMUDA | RSS PODCAST

Position on citizenship

Tuesday's paper was deleted. The full text of the deletion follows: (6) People who have the right to Bermudian citizenship in certain other cases: A person would be eligible to apply to be registered as a Bermudian citizen if he or she was ordinarily resident in Bermuda on 31 July 1989 and either: Immediately before Independence Day, was a British Dependent Territories citizen through naturalisation in Bermuda, and had been approved for the grant of Bermudian status but had failed to apply for the grant, or Being a woman who was, immediately before Independence Day, a British Dependent Territories citizen through registration as the wife of a Bermudian, with the result that she became deemed to possess Bermudian status but lost that status upon divorce.

Provided in all cases from (4) to (6) inclusive that the person: Has been ordinarily resident in Bermuda continuously for at least 10 years immediately before making the application for registration as a Bermudian citizen, and During the 10 year residence period, has not been convicted of an offence which in the Government's opinion shows moral turpitude on the applicant's part, and Is not otherwise disqualified on the basis of his or her character and conduct.

Child Born Abroad of a Bermudian Citizen by Descent A child born abroad to a Bermudian citizen by descent would not automatically be Bermudian. Provision would be made so that such a person would have the right to be registered as a Bermudian citizen by descent if, at the time of the child's birth, his or her mother or father (the parent in question) was a Bermudian citizen by descent, provided that either: (1) The child is registered as a Bermudian citizen by descent within a year of his or her birth; and The mother or father of the parent in question (the child's grandparent) was a Bermudian citizen otherwise than by descent at the time of the child's birth, or would have become such a citizen upon independence had he or she not died; and The parent in question had been ordinarily resident in Bermuda for a period of at least five years at some time before the birth of the child; or (2) Before the child reaches the age of 18 years; The child and his or her Bermudian parent or parents become ordinarily resident in Bermuda for at least five years before applying for the grant of Bermudian citizenship on behalf of the child; and Application is made for the grant of Bermudian citizenship to the child.

These provisions prevent people with no connection to Bermuda from acquiring Bermudian citizenship automatically while, at the same time, they ensure that families with close connections to Bermuda are not disadvantaged where citizenship is concerned.

Discretionary Grant of Bermudian Citizenship All nationality laws have a provision for granting citizenship to people at the discretion of the Government. This form of acquiring citizenship is termed `naturalisation'.

Should the people of Bermuda vote at the forthcoming referendum, in favour of Bermuda becoming independent, then the Government intends to make provisions, in the Bermuda Nationality Act, for naturalisation of a person as a Bermudian citizen.

In order to become a naturalised Bermudian citizen, the person would be required to swear allegiance to Bermuda. Upon naturalisation, he or she will become a Bermudian citizen otherwise than by descent with full citizenship rights, because Government has chosen that person to be a citizen.

Loss of Citizenship A person who acquires Bermudian citizenship by discretionary grant might subsequently lose his or her citizenship if it were discovered that he or she had misrepresented the facts in order to get it, or if he or she were convicted of an act of treason or sedition.

Any Bermudian over the age of 18 years should be entitled to renounce his or her citizenship, although to ensure that this process did not create a stateless person, anyone who failed to become a citizen of another country within six months of renouncing his or her Bermudian citizenship would be considered still to be a Bermudian and never to have lost that citizenship.

Dual Nationality A person acquiring Bermudian citizenship would not be required to renounce any other citizenship or nationality which he or she might enjoy at the time that person becomes a Bermudian citizen. However, should the people of Bermuda vote for independence, upon Bermuda becoming independent of the United Kingdom, Bermuda would cease to be a British Dependent Territory. Therefore, those people who become Bermudian citizens on independence and were British Dependent Territories citizens by reason only of their connection with Bermuda would automatically cease to be British Dependent Territories citizens. Under current Bermuda law, the basic requirement for a person to be Bermudian is that he or she be a Commonwealth citizen. This requirement has existed in Bermuda's law since 1937. The effect of this law is that many Bermudians are citizens of other Commonwealth countries, e.g. British citizens, Canadian citizens and citizens of practically all of the Caribbean Commonwealth countries, as well as of Australia, New Zealand and the Commonwealth countries of Africa and Asia.

Furthermore, many Bermudians were born in the United States of America or of one American parent. These persons are currently not only Commonwealth citizens because of their Bermudian parentage, but also American citizens by birth or registration. Recent practice suggests that Americans who have been granted Bermudian status have not been required to give up their American citizenship.

Certificates of Residence Should the people of Bermuda vote in favour of Independence, the Government intends that, as is now the case, people who live in Bermuda permanently or who have vacation homes in Bermuda, but who do not work here, should be able to apply for certificates of residence, primarily to facilitate their entry into the country.

A person who acquires and holds a residential property under a licence from the Minister of Labour and Home Affairs would be eligible for a Certificate of Residence, provided that he or she is of good character, of substantial financial means and is retired.