Opposition claims work permit declaration won’t hold up in court
A declaration to be signed by work permit holders indicating they will not be entitled to permanent residency may not survive a challenge in the courts, according to the Progressive Labour Party.“We are concerned that that declaration will not stand up in a future court of law if tested,” said Mr Roban.The new Government has made much of advice given to Government in 2006 on term limits, the policy which limits work permit holders to six years on the Island so as to prevent them becoming long term residents and claiming residency rights to Bermuda.Government was told by overseas lawyers that term limits were unnecessary for the stated purpose — advice that was corroborated by local lawyers, according to the One Bermuda Alliance Government.A declaration to be signed by work permit holders was also drafted for the Government as an alternative.Home Affairs Minister Michael Fahy has claimed that the legal advice was rejected by the PLP Government because it was not politically expedient to reverse course on the 2001 policy.PLP leader Marc Bean acknowledged that the advice had been given to Government when asked at yesterday’s press conference. He said it was rejected after a “holistic” look at the issues.“Yes we did receive a report with advice on term limits in 2006 but it doesn’t mean we are obligated to follow,” said Mr Bean.Asked whether the advice was rejected for legal or political grounds, Mr Bean said he could not say as he was not in Cabinet at the time.The new One Bermuda Alliance scrapped the policy almost as soon as it came into office — despite a pre-election pledge to review the policy for up to two years.