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Bermuda Immigration and Protection Amendment Act 2015

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Bermuda Immigration and Protection Amendment Act 2015
FA E R
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AT F
TQUO U

BERMUDA

BERMUDA IMMIGRATION AND PROTECTION
AMENDMENT ACT 2015

2015 : 22

TABLE OF CONTENTS

Citation
Amends section 72
Amends definitions of “hotel residence” and “tourist accommodation” to remove
requirement to designate eligible units
Repeals and replaces section 76
Amends section 77
Amends section 82
Amends sections 85 and 86 with retrospective effect
Amends section 89 and amends BR 58/2007
Repeals and replaces section 92 and makes consequential amendments
Amends section 97
Amends section 98
Amends section 102C(1)(ba)
Amends section 102C(1)(c) and amends BR 59/2007
Amends section 102D and revokes BR 5/2011
Amends BR 57/2007
Amends BR 58/2010

WHEREAS it is expedient to amend Part VI of the Bermuda Immigration and
Protection Act 1956 and Regulations made under that Act;

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:

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BERMUDA IMMIGRATION AND PROTECTION AMENDMENT ACT 2015

Citation
This Act may be cited as the Bermuda Immigration and Protection Amendment Act

2015.

Amends section 72
In section 72(1) of the Bermuda Immigration and Protection Act 1956 (“the principal

Act”)—

in paragraph (c) of the definition of “financial assistance”, at the end insert
“where the provider obtains an equitable interest in the property in
question”;

in the appropriate place in alphabetical order insert—

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

Amends definitions of “hotel residence” and “tourist accommodation” to remove
requirement to designate eligible units

In the definition of “hotel residence” in section 72(1) of the principal Act—

insert “and” after paragraph (a);

repeal paragraph (c) and the “and” preceding it.

In the definition of “tourist accommodation” in section 72(1) of the principal Act
repeal “, and that is designated as eligible tourist accommodation by regulations made
under section 102D(1)(ba)”.

Repeals and replaces section 76
Section 76 of the principal Act is repealed and replaced as follows—

“Restricted person holding or acquiring land without a licence
No restricted person shall hold or acquire land in Bermuda unless the

restricted person has a licence or a deferral certificate.”
76

Amends section 77
In section 77 of the principal Act, after “restricted person” insert “(other than the

spouse of a person who possesses Bermudian status)”.

Amends section 82
In section 82(1)(c)(iv) of the principal Act, delete “Industrial Development” and

substitute “Economic Development”.

Amends sections 85 and 86 with retrospective effect
In section 85(1), after paragraph (a) insert—

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2

(a)

(b)

3 (1)

(a)

(b)

(2)

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7 (1)

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BERMUDA IMMIGRATION AND PROTECTION AMENDMENT ACT 2015

where an estate representative acquires land and either he is a
restricted person or a beneficiary of the estate is a restricted
person, the deferral commencing on the date of death of the person
whose estate he represents;”.

“(aa)

In section 85(2), repeal paragraph (a).

After subsection (3), insert—

Where an estate representative acquires land in the case mentioned in
subsection (1)(aa) and the Minister has already extended the deferral period in
accordance with subsection (3), the Minister may, in writing, extend the deferral
period for further additional periods not longer than the original deferral period,
but may only do so if he is satisfied that there are exceptional circumstances.”

“(4)

In section 86(1) and (2) of the principal Act, delete “section 85” and substitute
“section 85(1) or (2)”.

After section 86(2) of the principal Act, insert—

Any person who seeks a further deferral under section 85(3) or (4) may
apply to the Minister for a deferral certificate, including in the application
information concerning his identity, a description of the land, the date of the
acquisition or holding of the land, and the reasons why he seeks a further
deferral.”

“(2A)

In section 86(3) of the principal Act, after “subsection (1)” insert “or (2A)”.

The amendments to sections 85 and 86 of the principal Act made by this section
shall be deemed to have come into effect on 22 June 2007; and accordingly new section
85(4) shall empower the Minister to extend the deferral period for a case falling within
section 85(1)(aa) that expired at any time before the coming into operation of this Act, if an
application is made in accordance with new section 86(2A).

Amends section 89 and amends BR 58/2007
In section 89(1) of the principal Act, repeal paragraph (b).

In consequence of the amendment in subsection (1), revoke regulation 9 of the
Bermuda Immigration and Protection (Territorial Restrictions) Regulations 2007.

Repeals and replaces section 92 and makes consequential amendments
Section 92 of the principal Act is repealed and replaced as follows—

“Restriction on acquiring condominium units
The Minister may approve an application for a licence to hold or acquire

an interest or estate in a condominium unit (other than tourist accommodation or
a hotel residence) by or in respect of a restricted person only if the restricted person
is eligible to hold or acquire the condominium unit under subsection (2).

92 (1)

(2)

(3)

(4)

(5)

(6)

(7)

8 (1)

(2)

9 (1)

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BERMUDA IMMIGRATION AND PROTECTION AMENDMENT ACT 2015

The following individuals are eligible to hold or acquire the following
condominium units—

an individual described in section 89(4)(a) to (d) may hold or
acquire any condominium unit;

an individual who is a permanent resident or who has a residential
certificate issued pursuant to section 32 may hold or acquire any
condominium unit if—

its annual rental value is greater than the prescribed
minimum; and

it is in a development that was developed privately without
sponsorship by the government.”

(2)

(a)

(b)

(i)

(ii)

In consequence of the repeal by subsection (1) of former section 92(3)
(designation by regulation of certain condominium units)—

in section 89(3)(b) of the principal Act, repeal “if the unit is designated as
a condominium unit by the regulations”;

in the Bermuda Immigration and Protection (Territorial Restrictions)
Regulations 2007—

in regulation 2, delete the definitions of “designated condominium
development” and “designated condominium unit”;

delete the word “designated” wherever it appears in the expressions
“designated condominium development” and “designated
condominium unit in each of the following provisions: regulation 2 (in
the definitions of “non-residential unit” and “residential unit”) and
regulations 6, 7 and 8.

Amends section 97
In section 97(1) of the principal Act, at the end insert “, in a case where a transfer

of legal title to a restricted person is required”.

Amends section 98
In section 98(1) of the principal Act—

in paragraph (e), after “Bermuda” insert “, except permitted land,”; and

after subsection (1) insert—

In subsection (1)(e), “permitted land” means an interest in one other
property, whether the licence-holder is the owner or a beneficiary under a trust.”

“(1ZA)

In section 98(1) of the principal Act, after subsection (1A) insert—

The condition in subsection (1)(c) does not apply to a licence issued to
a restricted person who is a permanent resident.”

“(1B)

(2)

(a)

(b)

(i)

(ii)

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11 (1)

(a)

(b)

(2)

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BERMUDA IMMIGRATION AND PROTECTION AMENDMENT ACT 2015

Amends section 102C(1)(ba)
In section 102C(1)(ba)(v) of the principal Act, delete “private Acts” and substitute

“other enactments”.

Amends section 102C(1)(c) and amends BR 59/2007
In section 102C(1)(c) of the principal Act, after “land held” insert “, by a

restricted person who is not a permanent resident, ”.

In consequence of the amendment in subsection (1), in the Bermuda
Immigration and Protection (Rental and Use) Regulations 2007, after regulation 2 insert—

“Application
These Regulations do not apply to restricted persons who are permanent

residents.”
2A

For the avoidance of doubt, on the coming into operation of this Act—

any permit which has been granted under the Bermuda Immigration and
Protection (Rental and Use) Regulations 2007 to a restricted person who is
a permanent resident shall lapse and any conditions on the permit shall
cease to have effect; but

a restricted person who is a permanent resident may only use licensed land
in accordance with the licence as granted under Part VI of the principal Act
or varied in accordance with section 99 of the principal Act.

Amends section 102D and revokes BR 5/2011
In consequence of the amendments made by sections 3 and 9—

section 102D(1)(ba) of the principal Act is repealed; and

the Bermuda Immigration and Protection (Designation of Eligible
Condominium Units, Tourist Accommodation and Hotel Residences)
Regulations 2011 are revoked.

Amends BR 57/2007
The second column of the table in regulation 2 of the Bermuda Immigration and

Protection (Minimum Annual Rental Values) Regulations 2007 (minimum annual rental
value for residential valuation unit, other than a condominium unit, available to restricted
persons) is amended as follows—

in the entry relating to permanent residents delete “$63,600” and
substitute “None”;

in the entry relating to all other restricted persons, delete “$177,000” and
substitute “$153,000”.

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13 (1)

(2)

(3)

(a)

(b)

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(a)

(b)

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(a)

(b)

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BERMUDA IMMIGRATION AND PROTECTION AMENDMENT ACT 2015

Amends BR 58/2010
In the Bermuda Immigration and Protection (Tourist Accommodation and Hotel

Residences) Regulations 2010, the following provisions are revoked—

in regulation 2(4), the words “and (2)”;

regulation 3(3) and (4);

regulation 6(2).

[Assent Date: 08 June 2015]

[Operative Date: 08 June 2015]

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(a)

(b)

(c)

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