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Move to end property purchasing restrictions for spouses of Bermudians

Government has tabled legislation to allow spouses of Bermudians to own multiple property on the Island, ending restrictions put in place six years ago.The Bermuda Immigration and Protection Amendment Bill 2013, tabled in the House of Assembly on Friday, removes the requirement for the spouse of a Bermudian to seek permission from the Minister to purchase a second, or any subsequent, piece of land “so long as they are the spouse of a person with Bermudian status”.In 2007, Government passed legislation that required Bermudians married to non-Bermudians to buy a $1,350 licence in order to purchase property together.That legislation was partially rolled back, but still required mixed status couples to seek approval from the Minister in order to purchase subsequent properties.Home Affairs Minister Senator Michael Fahy pledged earlier this year to undertake a “thorough and measured” review of the legislation.The Opposition, however, said the legislation was put in place to keep Bermudian property available to Bermudians by preventing “fronting”, an illegal practice which allowed non Bermudians, with the assistance of Bermudians, to inappropriately acquire property.“We agree there must be sensitivities to the views of the majority of citizens who saw this as a needed protection of their right to acquire just one home in their country,” a PLP spokesman said in January.“This is a fundamental right which must be preserved and not compromised by those who have the means to acquire multiple properties in Bermuda and other jurisdiction.”The Opposition also questioned how the Government would combat the practice of fronting and protect the opportunity for future generations of Bermudians to buy land on the Island.The legislation also contains amendments regarding the Immigration Appeal Tribunal, stating the tribunal will be able to direct the Minister to dispense with, vary or modify conditions should they quash any conditions or limitations imposed by the Minister.However, the bill specifies the decision of the Minister to grant or withhold permission to work, subject to any duration, condition or limitation, is not subject to appeal to the Tribunal.The legislation also allows the Chairman of the Immigration Appeal Tribunal to appoint two members of the tribunal to a panel who are not barristers and attorneys.