Bermuda Immigration And Protection Amendment Act 2002
BERMUDA IMMIGRATION AND PROTECTION AMENDMENT
ACT 2002

1989 Revision 1

BERMUDA
2002 : 16

BERMUDA IMMIGRATION AND PROTECTION AMENDMENT
ACT 2002

[Date of Assent: 12 July 2002]

[Operative Date: .................]

WHEREAS it is expedient to amend the Bermuda Immigration
and Protection Act 1956:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Citation and commencement
1 This Act which amends the Bermuda Immigration and Protection
Act 1956 (hereinafter referred to as "the principal Act") may be cited as
the Bermuda Immigration and Protection Amendment Act 2002 and
shall come into operation on a day to be appointed by the Minister
responsible for immigration by notice published in the Gazette.

Inserts new sections 20C to 20F in principal Act
2 The principal Act is amended by inserting next after section 20B
the following new sections—

"Qualification for grant of Bermudian status under sections
20D to 20F.
20C (1) Unless otherwise provided, the provisions of this section
shall have effect in respect of an application for Bermudian
status under sections 20D to 20F.

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(2) A person may apply to the Minister under section 20D,
20E or 20F for the grant of Bermudian status if—

(a) he is a Commonwealth citizen;

(b) he was ordinarily resident in Bermuda on or before
31 July 1989;

(c) he has been ordinarily resident in Bermuda for the
period of twenty years immediately preceding his
application; and

(d) he makes his application before 1 August 2010.

(3) For the purposes of subsection (2)(b) and (c), but subject
to subsections (4) to (7), where—

(a) a person who was working in a company in Bermuda
has been absent from Bermuda for any period for the
purpose of working in another country in a wholly-
owned subsidiary or branch, or the parent company,
of the company which employed him in Bermuda;
and

(b) the Minister is satisfied that but for that period of
absence the person would have in fact continued to
be ordinarily resident in Bermuda,

the Minister may take into account a period of ordinary
residence immediately before and after such absence.

(4) The power conferred upon the Minister by subsection (3)
extends to the spouse, and a dependent child, accompanying the
person referred to in that subsection.

(5) For the purposes of subsection (4) a dependent child
who for the purpose of his education is absent from Bermuda
and resides in a country other than a country referred to in
subsection (3) shall be treated as resident with the person and
his spouse.

(6) Subsection (3) does not apply to a person, and
subsection (4) does not apply to the spouse or dependent child of
a person, who, while he is absent from Bermuda, is employed
otherwise than as provided in subsection (3); and for the
avoidance of doubt it is hereby declared that in any such case a
period of ordinary residence in Bermuda before such absence
shall not be taken into account for the purpose of determining
twenty years of ordinary residence in Bermuda.

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(7) Subsection (3) shall not have effect unless the person,
his spouse and dependent child, if any, resume ordinary
residence in Bermuda within a period not exceeding six months
beginning on the date when the person ceases to be employed
outside Bermuda as provided in that subsection.

(8) Subsections (3) to (9) of section 19 (right of persons with
Bermudian connection to Bermudian status) shall have effect,
mutatis mutandis in relation to an application under section
20D, 20E or 20F as those subsections have effect in relation to
an application under section 19.

Right of siblings of Bermudians to Bermudian status
20D (1) A person may apply to the Minister under this section
for the grant of Bermudian status if—

(a) he satisfies the qualification requirements specified in
section 20C; and

(b) he has other siblings all of whom possess Bermudian
status.

(2) In this section "sibling" means a person, who possesses
Bermudian status and who in relation to the person referred to
in subsection (1) is—

(a) a brother or sister born within the same marriage;

(b) a step-brother or step-sister born within another
marriage;

(c) an adopted brother or adopted sister whether such
adoption is by one or both parents;

(d) a brother or sister born out of wedlock and
legitimated by the marriage of both parents; and

(e) a half-brother or half-sister born out of wedlock, and
legitimated by the marriage of either parent.

Right of parents of Bermudians to Bermudian status
20E (1) A person may apply to the Minister under this section
for the grant of Bermudian status if—

(a) he satisfies the qualification requirements specified in
section 20C;

(b) on 31 July 1989 he had been ordinarily resident in
Bermuda for a period of at least twenty years; and

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(c) he is the parent of a child who possesses, or children
each of whom possesses, Bermudian status.

(2) In this section "child" means—

(a) a child born within that person's marriage;

(b) a step-child born within an earlier marriage of that
person's spouse or former spouse;

(c) a child who has been adopted by that person in a
manner recognised by law; and

(d) a child born out of wedlock and legitimated by that
person's marriage.

Right of non-Bermudian Parliamentary Electors to
Bermudian status
20F A person may apply to the Minister under this section for
the grant of Bermudian status if—

(a) he satisfies the qualification requirements specified in
section 20C;

(b) he was registered in the parliamentary register on 1
May 1976; and

(c) he is registered in the parliamentary register which is
current at the time that this section comes into
operation.".

Amends section 23 of principal Act
3 Section 23 of the principal Act is amended by inserting in its
proper alphabetical place the following—

"permanent resident" means a person who has been granted a
permanent resident's certificate by the Minister under section 31A or
31B;".

Amends section 25 of principal Act
4 Section 25 of the principal Act is amended in subsection (1)—

(a) by deleting the comma at the end of paragraph (c) and
substituting the words "; or", and by inserting next after
paragraph (c) the following—

"(d) who is a permanent resident;"; and

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(b) by inserting next after the words "bona fide visitor" where
they appear for the second time, the words "or a person
who is a permanent resident".

Amends section 30 of principal Act
5 Section 30 of the principal Act is amended in subsection (1) by
inserting next after the words "special category person" wherever they
appear, the words "or a person who is a permanent resident".

Inserts new sections 31A to 31D in principal Act
6 The principal Act is amended by inserting next after section 31
the following new sections—

"Right of certain long term residents to permanent
resident's certificate
31A (1) Subject to the provisions of this section, a person may
apply to the Minister for the grant of a permanent resident's
certificate if—

(a) he was ordinarily resident in Bermuda on or before
31 July 1989;

(b) he has been ordinarily resident in Bermuda for a
period of twenty years;

(c) he was ordinarily resident in Bermuda for a period of
two years immediately preceding the application;

(d) he is, on the date of the application, not less than
forty years of age; and

(e) he makes his application before 1 August 2010.

(2) For the purposes of subsection (1)(b), but subject to
subsections (4) and (5), periods of continuous ordinary residence
in Bermuda of twelve months or longer may be aggregated for
the purpose of calculating twenty years of ordinary residence.

(3) Except as provided in subsection (4), a period of absence
from Bermuda shall not exceed two years.

(4) Subject to subsection (5), for the purposes of subsection
(1)(b), section 20C (3) to (5) shall, mutatis mutandis, apply to a
person making application for a permanent resident's certificate
under this section as they apply to a person making application
for Bermudian status under that section.

(5) Section 20C (3) does not apply to a person, and section
20C (4) does not apply to the spouse or dependent child of a

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person, who, except as provided in section 20C (3), is absent
from Bermuda for more than two years; and for the avoidance of
doubt it is hereby declared that in any such case a period of
ordinary residence in Bermuda before such absence shall not be
taken into account for the purpose of determining twenty years
of ordinary residence in Bermuda.

(6) Subsections (3) to (9) of section 19 shall have effect,
mutatis mutandis, in relation to an application made under this
section as those subsections have effect in relation to an
application under section 19.

Right of certain other persons to permanent resident's
certificate
31B (1) Subject to the provisions of this section, a person
referred to in subsection (2) may apply to the Minister under this
section for the grant of a permanent resident's certificate if—

(a) he is at least eighteen years of age;

(b) he has been ordinarily resident in Bermuda for a
period of ten years immediately preceding the
application; and

(c) subject to subsection (6), he makes his application
before 1 August 2010.

(2) The person referred to in subsection (1) is—

(a) the brother or sister of a person who possesses
Bermudian status where that brother or sister does
not qualify for such grant;

(b) the natural parent of a person who possesses
Bermudian status where that parent does not qualify
for such grant;

(c) the brother or sister of a person who has been
granted a permanent resident's certificate under
section 31A where that brother or sister does not
otherwise qualify for such grant;

(d) the natural parent of a person who has been granted
a permanent resident's certificate under section 31A
where that natural parent does not otherwise qualify
for such grant;

(e) the son or daughter of a person who has been
granted a permanent resident's certificate under

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section 31A where that son or daughter is above the
upper limit of compulsory school age; or

(f) the spouse of a person who has been granted a
permanent resident's certificate under section 31A
where that spouse does not qualify for such grant or
for the grant of Bermudian status.

(3) For the purposes of subsection (1)(b), in the case of a
person referred to in paragraph (a), (c), (e) or (f) of subsection (2),
ordinary residence shall be calculated from the moment the
relationship of brother or sister, son or daughter, or spouse, is
established under paragraph (a), (c), (e) or (f) as the case may be.

(4) Subsections (3) to (9) of Section 19 shall, mutatis
mutandis, apply to a person making application for a permanent
resident's certificate under this section as it applies to a person
making application for Bermudian status under that section.

(5) For the purposes of subsection (1)(b), section 20C (3) to
(7) shall, mutatis mutandis, apply to a person making application
for a permanent resident's certificate under this section as they
apply to a person making application for Bermudian status
under section 20C.

(6) Subsection (1)(c) does not apply to a person referred to
in subsection (2)(e) or (f).

(7) For the purpose of subsection (2)(b) "natural parent"
means—

(a) where the person who possesses Bermudian status
was born out of wedlock, and has not been
subsequently legitimated, the mother;

(b) a person referred to in section 16(2A) who has held
himself out as the father; and

(c) a person who but for the fact of being divorced would
have qualified for the grant of Bermudian status.

(8) For the purposes of subsection (2)(d) "natural parent",
where the permanent resident was born out of wedlock and has
not been subsequently legitimated, means the mother.

(9) In subsection (2)(e) "compulsory school age" has the
meaning assigned to that expression by section 40 of the
Education Act 1996.

(10)Except as provided in this section, nothing contained in
this section shall be construed as conferring on a person who is

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related to another person who has been granted a permanent
resident's certificate under this section any right to apply for, or
be granted, such a certificate.

Rights, etc. of permanent residents
31C (1) Subject to section 31D, a permanent resident under
section 31A or 31B has the right to reside and work in Bermuda.

(2) The right conferred by subsection (1) is not abrogated if
a permanent resident who was working in a company in
Bermuda is absent from Bermuda for any period for the purpose
of working in another country in a wholly-owned subsidiary or
branch, or the parent company, of the company which employed
him in Bermuda

(3) Subsection (2) extends to the spouse and a dependent
child, accompanying a permanent resident.

(4) For the purposes of subsection (3), a dependent child
who for the purpose of his education is absent from Bermuda
and resides in a country other than a country referred to in
subsection (2) shall be treated as resident with the permanent
resident and his spouse.

(5) Subsection (2) does not apply to a permanent resident,
and subsection (3) does not apply to the spouse or dependent
child of a permanent resident, who, except as provided in
subsection (2) is absent from Bermuda for more than two years;
and, subject to subsection (6), for the avoidance of doubt it is
hereby declared that in any such case the provisions of section
31D shall have effect.

(6) The Minister may, where he considers it appropriate so
to do, permit a permanent resident to be absent from Bermuda
for more than two years.

Revocation of permanent resident's certificate
31D (1) Without prejudice to section 34 the Minister may, by
order in writing served upon a person referred to in section 31A
or 31B, forthwith or from a date specified in the order, revoke the
permanent resident's certificate granted to that person if the
Minister is satisfied that—

(a) the permanent resident's certificate was obtained by
fraud, false pretence or the concealment of a material
fact;

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(b) the person to whom the permanent resident's
certificate is granted—

(i) is convicted of an indictable offence in Bermuda;
or

(ii) is convicted of an offence outside Bermuda
which if committed in Bermuda, would have
been an indictable offence; or

(iii) except as provided in section 31C (2) to (6) is
absent from Bermuda without the permission of
the Minister, for a period of two years or more,

and, thereupon, notwithstanding any other provision of this
Part, that permanent resident's certificate shall cease to have
effect forthwith or on the day specified, as the case may be.

(2) The provisions of section 34(2), (3) and (4) shall have
effect, mutatis mutandis, to a revocation made under this section
as they have effect to a revocation made under section 34.".

Amends section 60 of principal Act
7 Section 60 of the principal Act is amended in subsection (1), by
inserting next after paragraph (c) the following

"(cc) other than a permanent resident; or".