Bermuda Immigration and Protection (Rental and Use) Regulations 2007
BERMUDA IMMIGRATION AND PROTECTION (RENTAL AND
USE) REGULATIONS 2007


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BR 59 /2007

BERMUDA IMMIGRATION AND PROTECTION ACT 1956

1956 : 30

BERMUDA IMMIGRATION AND PROTECTION (RENTAL AND
USE) REGULATIONS 2007


ARRANGEMENT OF REGULATIONS

1 Citation
2 Interpretation
3 Permit to rent or use
4 Limitations
5 Additional limitations for

condominium units

6 Charge for rental or use
by visitors

7 Application for permit
8 Decision by Minister
9 Revocation




The Minister responsible for immigration, in exercise of the
powers conferred by section 102C (1) (c) of the Bermuda Immigration and
Protection Act 1956, makes the following Regulations:

Citation
1 These Regulations may be cited as the Bermuda Immigration
and Protection (Rental and Use) Regulations 2007.

Interpretation
2 In these Regulations—

“Act” means the Bermuda Immigration and Protection Act 1956;

BERMUDA IMMIGRATION AND PROTECTION (RENTAL AND
USE) REGULATIONS 2007


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"annual rental value” in relation to any licensed land means the
annual rental value of the land as determined under the Land
Valuation and Tax Act 1967;

“licensed land” means land in respect of which —

(a) a licence has been issued under Part VI of the Act;

(b) an application for a licence has been approved under
section 96 of the Act but a licence has not yet been
issued;

(c) a deferral certificate has been issued under section 86 of
the Act; or

(d) a licence has been validated under section 18 of the
Bermuda Immigration and Protection Amendment Act
2007;

"permit" means a document in writing issued by the Minister
permitting a restricted person to enter into a rental
agreement;

"prescribed minimum annual rental value” means the minimum
annual rental value prescribed in the Bermuda Immigration
and Protection (Minimum Annual Rental Values) Regulations
2007;

"rental agreement" means an agreement to rent out licensed land
or use it for profit.

Permit to rent or use
3 (1) A restricted person shall not enter into a rental agreement
without first obtaining a permit issued by the Minister in respect of that
agreement.

(2) A rental agreement shall not be for a period longer than the
period specified in the permit that is issued in respect of that agreement.

Limitations
4 (1) The Minister may not issue a permit to a restricted person
unless the annual rental value of the licensed land in respect of which
the permit is sought exceeds the prescribed minimum annual rental
value applicable to that person in respect of that land.

(2) Despite subsection (1), if the annual rental value of the
licensed land in respect of which a restricted person seeks a permit does
not exceed the prescribed minimum annual rental value, then, subject to
subsection (3), the Minister may issue a permit for that person to enter
into a rental agreement in respect of the licensed land for a maximum of
six months in any twelve month period.

BERMUDA IMMIGRATION AND PROTECTION (RENTAL AND
USE) REGULATIONS 2007


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(3) The Minister may not issue a permit under subsection (2) to
a restricted person who is to reside in Bermuda during the period of the
rental agreement unless that person has the Minister’s permission to
reside in Bermuda during that period.

Additional limitations for condominium units
5 (1) The Minister may not issue a permit to a restricted person
in respect of licensed land that is a condominium unit unless the person
who is to rent or use the land possesses Bermudian status or is
ordinarily resident in Bermuda.

(2) Despite subsection (1), the Minister may issue a permit to a
restricted person in respect of licensed land that is a condominium unit
if —

(a) the restricted person owns the unit jointly with their
spouse, parent or child who possesses Bermudian
status; or

(b) the unit is part of a condominium development
associated with a hotel (as defined in section 2(1)of the
Hotels Concession Act 2000), and the restricted person
has an agreement with the hotel for the hotel to rent out
the unit to paying guests who are not ordinarily resident
in Bermuda.

Charge for rental or use by visitors
6 (1) If a permit is to be issued to a restricted person for the
rental or use of licensed land by a visitor to Bermuda, then, before the
permit is issued, the restricted person shall pay to the Minister a charge
in respect of the rental or use of the land. The charge shall be the
prescribed percentage of the greater of —

(a) $1,000; or

(b) the total amount of rent and any other consideration
payable under the rental agreement by the visitor.

(2) In subsection (1), “prescribed percentage” means the
percentage prescribed in section 9 of the Miscellaneous Taxes (Rates) Act
1980 (the rate for hotel occupancy tax) at the time that the permit is to
be issued.

(3) If the amount referred to in subsection (1) (b) is increased at
any time during the period of the rental agreement, the restricted person
to whom a permit has been issued in respect of that agreement shall
immediately notify the Minister of the increase in the amount and pay to
the Minister the increase in the charge under subsection (1) calculated in
accordance with that subsection.

BERMUDA IMMIGRATION AND PROTECTION (RENTAL AND
USE) REGULATIONS 2007


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Application for permit
7 An application shall be made in a form determined by the
Minister and shall be accompanied by such information and documents
as the Minister may require for the purpose of considering the
application.

Decision by Minister
8 (1) Subject to these Regulations, the Minister may issue or
refuse to issue a permit.

(2) A permit shall be in a form to be determined by the
Minister.

Revocation
9 The Bermuda Immigration and Protection (Rental Charges)
Regulations 1985 are revoked.











Made this 22nd day of June, 2007







Minister of Labour and Immigration