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Bermuda Citizenship or Status

Deserving long-term foreign tax-paying residents including those with over 25 years residency are denied this

By Keith Archibald Forbes (see About Us)

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Introduction

Bermuda citizenship, being Bermudian, is effectively in two parts. One is to be a British Overseas Territory member, meaning that all who are Bermudians by both birth and Bermudian parentage are British Overseas Territory citizens. This is under British UK law, not Bermuda laws. As it affects persons born in Bermuda neither of whose parents are Bermudian, it merely confirms where they were born but does not give them citizenship. The other part, where Bermuda laws step in, is that both parents or one qualifying parent of a child born in Bermuda must also be Bermudian by birth and descent, including having other family members born in Bermuda - or by formal award of Bermuda status awarded by the Bermuda Government, for the child to claim local citizenship as a Bermudian. This is covered under Bermuda laws (see references to "Acts" below) and is what Bermuda citizenship means.

This means that all persons born in Bermuda at (former) Bermuda-based American or Canadian or British UK military bases, which at the time were respectively and legally American or Canadian or British UK military property, assumed their nationality at birth, not Bermuda's, unless a parent was Bermudian.

Citizenship cannot be bought nor can it be bestowed under any circumstances other than those described above and below.

Many British United Kingdom nationals and British Overseas Territory members live and work in Bermuda. Most are welcome but all are treated as foreigners. Britons - those from Great Britain or non-Bermudian British Overseas Territory members - do not have the same freedoms here in residing and working without restrictions as they have in Great Britain, Ireland and rest of the European Economic Community. Britons visiting Bermuda on business or vacation or as professional newcomers, and non-Bermudian citizens of other countries, cannot get Bermuda citizenship or vote or buy real estate at the same price as Bermudians - unless they both marry Bermudians (see below) and wait 10 years. Any children born here to non-Bermudians are not Bermudian unless one qualifying parent is Bermudian, so they cannot apply for any local scholarships or grants for further education abroad (but many have, as non-citizens, been conscripted illegally into the Bermuda Regiment), or work without a Work Permit, or operate their own business in Bermuda, or reside without an appropriate residential certificate, or buy any property except the top 5% in market and assessment valuation.

Many Bermudians do not regard themselves as British - despite this being their only official nationality - but as Bermudian.

The Bermuda Government-mandated Acts concerned include: Bermuda Immigration and Protection Act 1956

Bermudian Status Register Act 1992

Bermudian Status By Birth Or Grant Register Amendment Act 1993

Bermudian Status By Birth Or Grant Register Act Commencement Day Notice 1993

Bermuda Immigration And Protection Amendment Act 1993

Bermuda Immigration And Protection Amendment Act 1994

Bermuda Immigration and Protection Amendment Act 2000

Bermuda Immigration And Protection Amendment Act 2002

Bermuda Immigration & Protection Amendment Act 2007

Bermuda Immigration and Protection (Designation of Eligible Condominium Units) Regulations 2007

Bermuda Immigration and Protection (Rental and Use) Regulations 2007. Without Bermuda Status (local citizenship), persons also cannot buy any real estate as Bermudians can if they can afford it but are limited to the top 5 percent of property in assessed value and a particular kind and type of property only and must pay a substantial purchase tax on top of other taxes; cannot obtain any local scholarships from any organization; if of employable age are not allowed to take any employment but are limited to the kind of employment on a Work Permit approved by the Immigration authority of the Bermuda Government; and may not under any circumstances be an executor or executrix of any Bermudian-owned property not in the top 5% of Annual Rental Value. Moreover, any non-Bermudian spouses of Bermudians, who have not been living in Bermuda for more than 10 years with their Bermudian spouses, are not allowed under the 2007 Act to own or partially own as part of spousal rights or to be bequeathed in part or in whole any Bermudian homes or land. The attorneys of testators or legatees are required to tell them this and would-be executors are expected to know this. Non-Bermudians, including those deemed to no longer hold Bermuda Status, may only be executors of Bermuda property which is presently in non-Bermudian hands and as such is in the top 5% in Annual Rental Value. Nor are they - or any other non-Bermudian - allowed to be sole owners of a business in the local marketplace. They are not allowed, as non-Bermudians, or are no longer deemed to be Bermudians, to hold shares in Bermudian companies as Bermudians. They are prohibited from employing any ruse that will enable them to overcome this restriction. If they were once but are no longer Bermudian by Status and hold any Bermudian companies' shares in their names or on behalf of their mother or father or siblings - it is their legal responsibility to declare these to the companies concerned and as required by Bermuda Immigration to divest themselves of these holdings. All Bermudian companies are required by law to keep an exact and up-to-date register of Bermudian and non-Bermudian shareholders and to ensure that at least 60% are registered as Bermudian shareholders. Many parents and grown children have been on restrictive Work Permits for more than 20 years. If as expatriates they marry a Bermudian spouse, they must wait for 10 years to get Bermudian status and pay a hefty fee. In contrast, Bermudians can apply for a UK passport, get full United Kingdom and European citizenship immediately they get the passport and live, work, vote and buy any property they wish there. This one-sided arrangement was a British Government decision taken without any referendum from the British people.

For decades now, it has not been sufficient for persons born in Bermuda to be regarded as Bermudian, unless one parent is also Bermudian (which does not include having Long Term Residency). Elsewhere, such as in the USA, Canada and UK, citizenship applies automatically to all children born there. But not in Bermuda - automatic citizenship does NOT apply to all children born here. Children born in Bermuda, without either parent being Bermudian by birth or status at the time, are not Bermudian unless they got Bermudian status and a Certificate to prove this in their own names and in writing in the period in the 1950s through 1991. Prior to 1991 - but no longer - a limited number of persons not born in Bermuda. or with parents not born in Bermuda, and without Bermuda spouses were given Bermuda Status in writing. Technically, it is the equivalent of full citizenship by law, while one lives in Bermuda. But it has term limits and persons once given Bermuda Status hare deemed to have lost it after more than the stipulated length of time living and working abroad.

Under Bermuda law, the only people who are irrevocably Bermudian are those born here with at least one Bermudian parent who was born in Bermuda. Those persons born in Bermuda with a Bermudian parent don't lose it - and some persons born to a Bermudian parent in Canada or USA - such as the Hon. Paula Cox (born in Canada), or last children of the late Hon. Frederick Wade (born in USA), or a daughter of Dame Lois Browne-Evans (born in USA), may not lose it either, depending on the laws of their country of residence, or when/if dual nationality is permitted . In the democratic countries beyond Bermuda, citizenship once given cannot be revoked unless at the particular request of the applicant. Those not born here from a Bermuda-born parent must have received Bermudian Status officially before 1991 (no longer issued except in the special cases to spouses and children of Bermudians) by virtue of residence up to that time. If, after getting a Certificate of Bermuda Status, they have spent more than a certain number of years (believed to be a maximum of 7) living and working away from Bermuda, their conditional Bermudian Status or citizenship is deemed to be revoked, even if they visit Bermuda on holiday (vacation) after that expired time. Adult Bermudians not born in Bermuda of a Bermudian-born parent, or born in Bermuda from a parent or parents not born in Bermuda, or born abroad to a Bermudian will only be regarded as Bermudian if (a) they are on the registered voters list; (b) are on the Register of Bermudians; and (c) - like all Bermuda-born persons who have at least one Bermudian parent - if they have a Bermuda or British-UK passport which includes a stamp certifying they hold Bermuda status.

It is technically possible for someone not Bermudian to get a Bermuda passport, but it does not make them Bermudian. In most other countries, persons of good character who wish to become citizens can do so after 2-5 years, do not need a qualifying local connection; can buy any real estate they wish, at any price; and do not have to be a particular age.

See the Bermuda Immigration and Protection Act. In contrast, some non-Bermudian residents with unblemished continuous residence have been there for periods exceeding 20 and 30 years yet have not been given citizenship. It means they are not allowed to vote, or to register to vote, in any election after they become 18 years old, even when they have been model residents for years. Those in this category are mostly from the USA, Britain, Canada, Caribbean and Europe, but some are from Africa, Asia, Australia, New Zealand, Philippines and elsewhere. Without citizenship, persons also cannot buy any real estate as Bermudians can if they can afford it; are limited to the top 5 percent of property in assessed value and a particular kind and type of property only and must pay a substantial purchase tax on top of other taxes; cannot obtain any local scholarships from any organization; if of employable age are not allowed to take any employment but are limited to the kind of employment on a Work Permit approved by the Immigration authority of the Bermuda Government; and may not under any circumstances be an executor or executrix of any Bermudian-owned property not in the top 5% of Annual Rental Value. Their attorneys are required to tell them this and would-be executors are expected to know this. They should also check with the Bermuda Government to see if it is permitted or not for them to benefit in any way financially from any Bermudian-held estate. They may only be executors of Bermuda property which is presently in non-Bermudian hands and as such is in the top 5% in Annual Rental Value. Nor are they - or any other non-Bermudian - allowed to be sole owners of a business in the local marketplace. They are are not allowed, as non-Bermudians, to hold shares in Bermudian companies as Bermudians. They are prohibited from employing any ruse that will enable them to overcome this restriction. If they were once but are no longer Bermudian by Status and hold any Bermudian companies' shares in their names or on behalf of their mother or father or siblings - it is their legal responsibility to declare these to the companies concerned and if required by Bermuda Immigration to divest themselves of these holdings as all Bermudian companies are required by law to keep an exact and up-to-date register of Bermudian and non-Bermudian shareholders and to ensure that at least 60% are registered as Bermudian shareholders.

In contrast, see:

International Justice Resource Center - Citizenship and Nationality. See http://www.ijrcenter.org/thematic-research-guides/nationality-citizenship/

UN - Right to a Nationality . See http://www.ohchr.org/EN/Issues/Pages/Nationality.aspx

Wikipedia. Citizenship. See https://en.m.wikipedia.org/wiki/Citizenship

Citizenship (Bermuda Status) and/or press reports

2020. May 13. A Portuguese national who has lived in Bermuda for more than 20 years has lost a legal fight for Naturalisation. Marco Tavares asked the Supreme Court to overturn a decision by the Immigration Appeal Tribunal to deny him residency rights in Bermuda. But Chief Justice Narinder Hargun upheld the tribunals decision. Mr Justice Hargun said: I do not minimise the real hardship referred to by Paula Tavares [his wife] in her witness statement and in her affidavit and it is understandable that Mr and Mrs Tavares consider their current immigration position to be unjust and unfair. However, the courts are required to apply the law as it presently exists and it is not for the courts to strain the meaning of the existing legislation or its application to assist individual litigants who may be hard done by. Rather it is for Parliament to legislate to produce a comprehensive immigration scheme that is consistent and fair to all concerned. The court heard Mr Tavares has lived and worked in Bermuda since 1998. He married his wife in 2001. She is a British Overseas Territories Citizen who was born in Bermuda, but does not qualify for Bermudian status or a permanent residents certificate. The couple have two children who were born in Bermuda and have BOTC status, but not Bermudian status. Mr Justice Hargun said in his April 27 judgment: Mr Tavares and his family have faced uncertainty as a result of their immigration status on several occasions, primarily as a result of the expiry of work permits entitling Mr Tavares to engage in gainful employment in Bermuda. They have also faced other difficulties, including the refusal by the Department of Education to admit their son to a public middle school as the department was not prepared to accept that he was a lawful resident of Bermuda owing to the fact that Mr Tavares was between work permits at the time. Mrs Tavares herself has faced difficulties seeking permission to work in Bermuda.

Mr Tavares applied to be naturalized in 2015, but the application was refused by the Deputy Governors Office because Mr Tavares was unable to satisfy the condition that he had no restrictions on the period for which he was allowed to remain in Bermuda. He later applied to the Ministry of National Security for permission to remain in Bermuda indefinitely, but was rejected. The ministry said in a 2017 letter that the refusal would not affect Mr Tavaress family life at this time. The letter added: The only reason given by Mr Tavares purporting to justify indefinite leave is that such a grant will allow him to circumvent an obstacle to Naturalisation and thus allow him to naturalize. The minister considers that this is insufficient to justify the grant of indefinite leave to remain. Mr Tavares appealed the decision to the Immigration Appeal Tribunal, which upheld the ministrys decision. The rejection sparked the appeal to the Supreme Court. Peter Sanderson, who represented Mr Tavares at a February 24 hearing, argued the immigration system had breached his rights under the European Convention on Human Rights and the tribunal should have found in his favour.

Article 8 of the ECtHR ensures the right to family and private life without the interference of a public authority except for national security, public safety or the economic wellbeing of the country, the prevention of disorder or crime, the protection of health or morals or the protection of the rights and freedoms of others. Mr Justice Hargun said: Counsel argued that Bermuda has allowed the situation to develop where multiple generations of the same family have been allowed to be born and grow up in Bermuda, without providing any pathway to Bermudian status, belonger status or PRC. They require permits to work, and will not be granted a permit if there is a qualified Bermudian who applies. It is practically impossible for them to buy a home due to licence requirements. This is a situation, counsel submits, without parallel in any other western democratic jurisdiction. Mr Sanderson argued that Mr Tavares and his family had faced real hardship because of the situation, which could be remedied if he was naturalized. But Mr Justice Hargun said the tribunal was entitled to find that the minister had properly considered Mr Tavaress family situation and that the hardships did not amount to breaches of the ECtHR. He said: The IAT was entitled to take into account that Mr Tavares remains with his family, is lawfully resident in Bermuda, as has been the case since 1998. As the IAT noted, in the case of Mr Tavares there is no loss of housing, he has not suffered the inability to travel or to work and is not stateless.

2020. March 17. Immigration legislation to tackle the problem of mixed-status families and to give status to children born overseas to Bermudian parents was approved yesterday. The measures were passed with support from both sides of the House of Assembly  but Opposition MPs from the bipartisan committee on immigration reform said they were disappointed that the legislation was not retroactive. MPs from the ruling Progressive Labour Party and the Opposition One Bermuda Alliance highlighted the controversial history of the islands immigration policy. Wayne Caines, the Minister of National Security, said the first legislation to make changes should not affect Bermudians and would tackle problems in ways that would not lead to the separation of families. He added the changes would assure Bermudians a place of primacy in their homeland. Ben Smith, an OBA MP and member of the immigration committee, told the House he looked forward to getting back to work on the next phase. Mr Smith added: There are some exciting parts that I know Bermuda is going to be interested in. Sylvan Richards, the Shadow Minister of Home Affairs and the Environment, said the road to the legislation had been long and winding. Mr Richards added that the lack of a retroactive element was unfortunate. Christopher Famous, a Progressive Labour Party backbencher and also a committee member, spoke about the demonstrations that blocked Parliament four years ago over the OBA governments Pathways to Status legislation. He said: People marched because they remembered that immigration was used to propel those that arrived in Bermuda, primarily from the UK, ahead of those who lived here for centuries. Leah Scott, the deputy Opposition leader, told the House that she had been granted Bermuda status in 2007 as a long-term resident. Ms Scott said Mr Caines had been crestfallen by some of the delays to the legislation, which was put on hold in July last year. She added: I am a bit disappointed its not retroactive. Its selfish. I have a granddaughter that I would like to see get Bermuda status. Some children of permanent residents certificate holders obtained their parents status while others did not under earlier legislation. Renée Ming, a PLP backbencher and another member of the bipartisan committee set up in 2016, said the group had learnt and evolved together on a topic that can bring out the best in us and, at times, can bring out our worst as well. She added: This committee and our government has the opportunity to change that. The bipartisan committee was a step in the right direction. Derrick Burgess, the Deputy Speaker, said immigration was a very sensitive, emotive topic for all Bermudians. When youre trying to get laws in place to do with immigration, its not an easy one. Its never going to be easy, particularly with our history. Mr Burgess said the legislation would also allow children of permanent residents certificate holders  a category introduced by the PLP  to obtain PRC status.

2020. March 13. Immigration legislation to be debated next week is only the first step, a town hall meeting was told last night. Colin Anderson, the Permanent Secretary at the Ministry of National Security, told an audience of about 30 people that the Bill was focused on mixed-status families and the repatriation of Bermudians. Speaking at a town hall meeting at CedarBridge Academy, Mr Anderson said: Immigration reform means something different for everybody. In some places I talk about immigration reform and they all want to talk about work permits. Some people want to talk about status or that all they are interested in is the Job Makers Act. It means something different for everyone, and that is part of the challenge. He said the changes meant children born overseas to Bermudians up to two generations back will be automatically Bermudian. For children born before the legislation, a Bermudian parent would still have to prove they were domiciled in Bermuda, but he said the process would be simpler. Children from mixed-status families and earlier left without status, would become eligible to qualify through the Bermuda status of brothers or sisters. The legislation would also create a two-year window for the children of permanent residents certificate holders to apply for PRC status. Mr Anderson said the window was a temporary solution which would allow the Government two years to tackle the problem of PRC holders. He said: The issue is how can we have a situation where PRC holders can pass it on indefinitely? This will lead to other problems. People will not want to stay here indefinitely and be happy that they are not Bermudian. Thats not sustainable. Mr Anderson added: In the next two years we have to put forward legislation that deals with the issue of PRCs. Its a compromise, but some times compromise is not a bad word. The legislation, tabled in the House of Assembly last Friday, is expected to be debated on March 20. The individuals behind the Supporting Fair Immigration Reform Facebook group backed the legislation earlier this week. A spokeswoman for the group said: The tabling of this Act is a step in the right direction and shows progress for bipartisan immigration reform. This Amendment Act will help to regularize families in Bermuda who are divided into different immigration categories. These people have ties to Bermuda. They have grown up in Bermuda, paid their taxes and continue to live here, but they cant be in the same immigration category as their parents, as the current immigration laws do not allow them to qualify for Bermudian status or a permanent residents certificate. The spokeswoman added that the Bill was a small step and that more work was needed. She said: There are much more challenging topics to be discussed. We look forward to receiving further updates on how this government will fulfil its own stated promise of comprehensive bipartisan immigration reform.

2020. March 11. A town hall meeting will take place tomorrow to discuss new immigration legislation tabled in the House of Assembly. People are invited to CedarBridge Academy for the meeting about amendments to the Bermuda Immigration and Protection Act. National security minister Wayne Caines said the proposed intentions of the Bill would be detailed line by line, page by page. The legislation, tabled by Mr Caines last Friday and scheduled for debate this Friday, aims to solve the problems of mixed-status families and settle the status of children born overseas to Bermudian parents. Further reform is planned that will also affect permanent residents certificates and Bermudian status, belongers, such as naturalized British Overseas Territories citizens and the spouses of Bermudians, and the status of job-makers. Mr Caines told the House last Friday that the Government was committed to ensuring comprehensive immigration reform. He said that progress requires time, resources, collaboration with stakeholders and strong leadership on this issue. The meeting takes place in the schools cafeteria from 6pm to 8pm.

2020. March 9. Proposed legislation to tackle problems faced by mixed-status families is a step forward, a human rights lawyer has said. Peter Sanderson, who has represented several people in immigration and human rights cases, said the Government deserved credit for its Bill, which appears to do exactly what it says on the tin. Mr Sanderson added: It provides flexible options for left-out members of mixed-status families to apply for status or permanent residents certificates. It will also simplify the process for children and grandchildren of [expatriate] Bermudians to obtain status. Mr Sanderson said: Although I anticipate complaints about some of the provisions, as a whole it appears to have been carefully worked out and I hope Government will not delay further. You are never going to get everything perfect or make everybody happy and any kinks can be worked out at a later date. Mr Sanderson added that the Bermuda Immigration and Protection Act 2020, tabled in the House of Assembly last Friday, would also have to be reviewed. He said: The new PRC provisions for family members of PRCs will have a two-year time limit. It is important that this is kept under review to avoid further mixed-status situations arising after the time window closes. He added that the problem of children of non-Bermudians who were brought up on the island still had to be tackled. Mr Sanderson said: This group, numbering a few hundred, are an integral part of Bermudas fabric. There was a pathway to status for those children that lapsed in 2008. That was more than a decade ago and it is now becoming quite urgent as children are reaching adulthood without any way of getting Bermudian status. He added: Although there are now ways for these children to obtain belonger status, this does not come with voting rights. I would urge Government not to delay further with this next piece of the picture. He was speaking after the Bermuda Immigration and Protection Amendment Act 2020 was tabled in the House of Assembly. It was designed to help mixed-status families and settle the status of children born overseas to Bermudian parents. Children born overseas to Bermudians up to two generations back would be automatically Bermudian if the amendments are approved. A Bermudian parent would still have to prove they were domiciled in the country in cases where children were born before the Act became law. Children from mixed-status families who had been left without status would become eligible to qualify through the Bermuda status of brothers or sisters. The amendments would also create a two-year window to allow children of PRC holders, who were excluded from residency, to obtain PRC status. The amendments are expected to be debated on March 16. Wayne Caines, the Minister of National Security, said reforms to deal with belongers, such as naturalised British Overseas Territories citizens and the spouses of Bermudians and the status of job-makers were in the pipeline.

2020. March 7. Immigration legislation will be amended to solve the problems of mixed-status families and settle the status of children born overseas to Bermudian parents, the national security minister said yesterday. Wayne Caines insisted there would be no giveaways as he tabled proposed changes to immigration laws, delayed from last year because of unresolved issues. The amendments to the 1956 Act, to be debated on March 16, are the first in reforms that will also affect permanent residents certificates and Bermudian status. Further reforms will deal with belongers, such as naturalized British Overseas Territories citizens and the spouses of Bermudians, and the status of job-makers. Mr Caines, speaking in the House of Assembly, said a replacement for the old Act would have gone against the Governments promise for bipartisan collaboration on reforms. He added: A new Act would also have no case law behind it, and lead to legal uncertainty. Children born overseas to Bermudians up to two generations back will be automatically Bermudian if the legislation is approved. For children born before the legislation, a Bermudian parent would still have to prove they were domiciled in Bermuda  but Mr Caines said the process would become simpler. A two-year window will be created to allow children of PRC holders, who were excluded from residency, to obtain PRC status. Mr Caines said that the two-year period was crucial to implement reforms for PRCs. Children from mixed-status families previously left without status would become eligible to qualify through the Bermuda status of brothers or sisters. The minister, quoting Prime Minister Winston Churchill, said the move was not the end  its the end of the beginning. Mr Caines said immigration reform was an emotive issue and highlighted mass protests that blocked Parliament in March 2016 under the previous One Bermuda Alliance administration. David Burt, the Premier, declined to reveal what changes would come next, but said the stimulation of economic growth should come before an increase in population. He dismissed mythical figures of imaginary people when business leaders called for an increase in the number of residents. Mr Burt said: The most important thing to do is for people to speak from a position of fact, and not conjecture. In 2019, we had the strongest job growth in Bermuda in 13 years. The fact is, if there are more people working in a country, then there are more people living and working in a country. If you drop 5,000 people on Front Street tomorrow, where are they going to work? The only way were going to have this population growth is if we have more jobs and economic activity here on the island. Remember, any investor can come to Bermuda, set up a company, employ Bermudians, and have the right to stay here for ever, pass that status on to their children, and have access to a British passport. The only thing they cannot get is Bermudian status, and that is what we will be discussing in the future phases of immigration. But what I must say is, they dont offer status for people in Dubai, and theres not a complaint about people living there and participating in that economy. So we have to be real about what the discussions are. Mr Burt added the Government had kept our promise on cross-party collaboration. He said: Its bipartisan because its important that investors and others know that immigration policy is not going to change because of whos in office. It doesnt make any sense changing policy if the next government is just going to reverse the changes made. An immigration policy should be long term, thought out, and that is the reason we committed to doing this in a bipartisan fashion. He said those who insisted that we need more people needed to spell out exactly what they mean? What are the specifics?. He added: My job in 2020 is to make sure there are more jobs than there were in 2019 so we can continue to grow the economy and provide opportunities for Bermudians.

2020. March 6. Immigration legislation to tackle the problems faced by mixed-status families is to be tabled in the House of Assembly today. Wayne Caines, the Minister of National Security, will also make a ministerial statement on the subject. The legislation was expected to go before MPs in July last year. Mr Caines said, at the time, it was pulled from the order paper because of important elements that remain unresolved. A bipartisan committee on immigration reform was set up in October 2017 to review mixed-status families. The committee also looked at Bermuda status and permanent residents certificates. Cases of mixed status include families where one parent holds Bermuda status or a permanent residents certificate, while a spouse or children do not, despite being born on the island. The Governments delay came under fire from the Opposition in September last year. Sylvan Richards, the Shadow Minister of Home Affairs and the Environment, said postponements to tabling the Bill indicated resistance in Cabinet.

2019. November 20. Everyone has to think beyond their own interests for immigration reform to be achieved and embraced, the national security minister has said. Wayne Caines, who is responsible for delivery of an overhaul of immigration law promised by the Progressive Labour Party when it won power more than two years ago, warned that thinking in silos will not work. He said that buy-in from Bermudians for any changes that would grant permanent resident rights to more people would come only when Bermudians were convinced that the system would give them a fair chance at full participation in the economy. Mr Caines added that companies would have to be more committed to the training and development of Bermudians, while Bermudians would need to appreciate the economic value of international business and expect to have to work hard and earn the qualifications needed to take advantage of the modern economy. The step change Mr Caines said was needed was for the social dynamics of immigration to be taken into account, including the impact of historic policy that had disadvantaged black Bermudians. Mr Caines said he had planned to table amendments to the Immigration and Protection Act 1956 regarding mixed-status families in July, but they were withdrawn. There has been no legislative progress since. Mr Caines added that the bipartisan immigration committee had met every single day for weeks in a bid to make progress. He said: I wish I could say that we have all the answers, but we dont. We have advisers from KPMG, a policy analyst and a permanent secretary and were chipping away at the edges. Were struggling on the piece around mixed-status families and creating more PRCs in Bermuda and what that looks like long term. When it comes to giving PRC, or giving status, the country is reticent, and I dont think that should be put in the box of xenophobia. People from all aspects of Bermuda are saying with comprehensive immigration reform, I do not want my Bermudian family to be in a worse position because you are allowing more people to get PRCs or status." There is a natural fear of the Bermudian being squeezed out of Bermuda. BermudaFirst has proposed that immigration policy should be focused on providing the talent Bermuda needed to sustain the economy and to boost the working population. Mr Caines heard Philip Butterfield, BermudaFirsts chairman, outline those views in a speech at the Association of International Companies annual meeting on Monday. Mr Caines said: Bermuda has a declining birth rate and an ageing population. The tax base is getting smaller. This is an opportunity to look at how to develop our workforce. We need IB, we need guest workers, but we need Bermudians to take their rightful place. We cannot just focus on I dont want foreigners in Bermuda. And IB cannot just say, We need more people in Bermuda. We have to work together to resolve it and that is the step change  a holistic view  not just what benefits my company or my family, but what benefits Bermuda and that is what I believe Mr Butterfield was saying. Mr Caines said the BermudaFirst recommendations were the result of the views of 90 volunteers, from many different fields, who had produced an unvarnished, unslanted proposal. He added: The report will not be adopted en masse, but there are some critical pieces that add value and exceedingly so. Many of the things recommended are in train. There are some social dynamics in the report and it is my responsibility to juxtapose that into the matrix. Thats my job, Im a politician, I have a different focus. Mr Caines said that most people understood the value of international business to the broader economy. He added: When Bermuda Inc works, we all work. We get the fact that over $800 million a year is in our economy because of international business. That is not lost on me or my colleagues. Mr Caines said: I believe international business has to dig deeper for training and development for Bermudians. To some extent, that is counterculture. In New York and London, you dont focus on what is best for that person, you focus on the bottom line. In Bermuda, you also have to look at the culture and how you make the country stronger. We cant say that because IB is the lifeblood of this economy that the working man should capitulate and have no voice in his own land. Bermudians understand that IB is important, but a Bermudian feels they are important as well. They cannot continue to peer at opportunities without having the ability to participate fully and openly in the process. Mr Caines highlighted the new hotels scheduled to open over the next two years and that it was essential that Bermudians would get the opportunity not just to hold a tray, but also to see a career development route to the general manager role. He dismissed claims that the Governments desire to give Bermudians a place of primacy in immigration policy was protectionist. Mr Caines said: I dont believe protectionist policy will work. He added that place of primacy meant all of us must work together to develop talent to make sure Bermudians have the infrastructure they need to thrive in their own country. Mr Caines said that compliance was a piece of the puzzle and that immigration inspectors had launched more investigations into people alleged to be working outside the terms of their work permit. He added: That is significant, because it means that Bermudians are not being given the opportunity to work in these places. Thats part of immigration reform as well. Mr Caines said English language tests for guest workers in customer-facing roles and a moratorium on work permits in some restricted categories were examples of initiatives aimed at helping Bermudians get a fair deal in the job market. He added: When people are coming to talk to me in my office, theyre not saying they hate international business, theyre saying, Im not eating, my sons not working, how do I get opportunities in this country? So how can I agree, Mr Caines, to you giving all these people PRCs and status when my children are not working? So the whole concept has to focus on fairness and equity. When we can tell the story of how people can participate and thrive in the economy, thats when we can get people to buy in to reform for mixed-status families and thats the work I have to do. Bermudians have to understand that they have to push, work hard, get that qualification, make sacrifices. Weve got to work harder than weve ever worked before if were going to be able to do it.

2019. November 12. A man whose bid for belonger status was rejected by Londons Privy Council could have grounds to take his fight to the European Court of Human Rights, his lawyer said last night. Michael Barbosa was born in Bermuda in 1976 to non-Bermudian parents but was told yesterday that he has no right of abode in the country nor the right to be treated as a person who belongs to Bermuda. His legal battle with the offices of the Minister of Home Affairs and the Attorney-General started in August 2015, but a subsequent ruling by the Court of Appeal was upheld by judges in London yesterday. The outcome is likely to be a blow for up to 300 people resident in Bermuda with restricted rights. Peter Sanderson, Mr Barbosas lawyer, said later: The result is naturally disappointing. However, what is even more disappointing is that, since 2008, Bermudas political system has been unable to accommodate the limited number of people who were born in Bermuda and have spent most of their lives here but lack legal recognition. I believe there is an argument that the continued denial of rights for people who were born or brought up in Bermuda is a breach of their private and family lives. There is the potential for Mr Barbosas case to be referred further to the European Court of Human Rights, and this is something that will be considered. I would invite anybody else who is affected by these issues, or wishes to offer support, to get in touch. In the original case, Mr Barbosa argued that he had been unfairly prevented from seeking status on the basis of place of origin. His circumstances meant that he was declared a citizen of the United Kingdom and Colonies, which became British Overseas Territories citizenship. Mr Barbosa moved to the Azores with his parents when he was 16, but returned to Bermuda in about 2003, obtained a work permit and has lived on the island since. In 2007, he married his wife, Christine, who was born in the Philippines, and Mr Barbosa was granted indefinite leave to remain in Bermuda in 2013. However, he remained ineligible to apply for Bermudian status or a permanent residents certificate. Proceedings started when the Barbosas wished to bring Mrs Barbosas niece to Bermuda from the Philippines and adopt her. They were told that the adoption would not be permitted because they were not residents of Bermuda within the meaning of the Adoption of Children Act 2006. Mr Sanderson explained: The issue before the Privy Council concerned what rights he had as a BOT citizen in Bermuda. Richard Drabble, QC, argued  during a hearing before Lord Reed, Lord Lloyd-Jones, Lord Briggs, Lord Kitchin and Lord Sales in June  that Mr Barbosa legally belongs to Bermuda on the basis of common law. Yesterdays decision upheld a November 2016 ruling by the Court of Appeal that overturned the guidance given earlier that year by Puisne Judge Stephen Hellman in the Supreme Court. A summary published on the Privy Council website explained: Mr Barbosa does not have a relevant common law or other right which informs the proper interpretation of section 11 of the Bermudian Constitution. The concept of belonging to an overseas territory does not derive from the common law. Instead, it derives from the local constitution or the local legislation of the overseas territory in question. Mr Barbosa cannot appeal to the common law to modify the meaning of the Constitution. There is no anomaly or inconsistency in the fact that Mr Barbosa is a British Overseas Territories citizen by virtue of having been born in Bermuda, and yet he is not treated as a person who belongs to Bermuda for the purposes of the Constitution. Mr Sanderson said last night: A positive result could have provided a straightforward way for a couple hundred people born and brought up in Bermuda, who are eligible to register as British Overseas Territories citizens, to be able to live and work in Bermuda. However, there are other options for children who were born or brought up in Bermuda. Naturalisation as a British Overseas Territories citizen is a less straightforward process, but is a meaningful option for people who grew up in Bermuda and find themselves as adults without any other way of living here. The lawyer said that the Supreme Courts 2016 judgment noted that the government at the time, under the One Bermuda Alliance, was considering pathways to status and gave Mr Barbosa liberty to restore the matter in the event that no pathway was provided for him. Mr Sanderson added: Mr Barbosa now has the ability to apply back to the Supreme Court regarding the lack of a pathway to Bermudian status. The 2016 judgment provides a precedent for other people who were born and brought up in Bermuda, but lack a pathway to Bermudian status, to similarly apply to the court, given the lack of progress on pathways to status. Mr Justice Hellman ruled in favour of Mr Barbosa in a March 2016 Supreme Court judgment, making declarations that he belongs to Bermuda within the meaning of the Constitution and that he had been discriminated against. However, the home affairs minister and the Attorney-General appealed, saying the judge was wrong to find that Mr Barbosa was a person who belonged to Bermuda under the Constitution, as it provides an exhaustive definition of those deemed to belong to Bermuda. The Court of Appeal later set aside Mr Justice Hellmans declarations. Mr Barbosa then took his case to the Privy Council, where the respondents were represented by James Guthrie, QC, and Crown counsel Lauren Sadler-Best. It was recently suggested by Robert Pires, a prominent business leader, that the Government might be afraid to introduce its plan to tackle the issue of mixed-status families until the outcome of Mr Barbosas case was known. Tabling of the legislation has been delayed at least twice this year. The Ministry of National Security, which took over responsibility for immigration from the Ministry of Home Affairs last November, confirmed it was aware of the Privy Council ruling. A spokeswoman added last night: The work of the Bipartisan Immigration Reform Group is ongoing. The office of the Attorney-General was also contacted for comment yesterday, but there was no response by press time.

2019. October 28. A prominent business leader claimed the ruling Progressive Labour Partys failure to address an immigration crisis has dealt an unconscionable human rights blow to the Portuguese community. Robert Pires, the chief executive of Bermuda Investment Advisory Services, said that mixed-status families remained the biggest challenge of the Portuguese community, and that many of them have lived on the island for decades without citizenship. He added that the slowness of reform was partly because of racial hostility, which he claimed that the PLP has historically tried to exploit. The PLP government has repeatedly delayed tabling a Bill designed to ease the plight of mixed-status families. Wayne Caines, the Minister of National Security, insisted that the Government was committed to immigration reform and must strike the right balance. Mr Caines denounced the suggestion of a racial agenda as inflammatory and irresponsible. Mr Pires, a fourth-generation Bermudian, was speaking as the island prepares to celebrate the 170th anniversary of the arrival of the first Portuguese immigrants to Bermuda. He told The Royal Gazette: The biggest challenge for us is mixed-status families, but I dont think it is a priority for this government, otherwise they would have brought the legislation forward. From a human rights perspective, this should have been dealt with 20 years ago. Many of these people have been 30 to 40 years on the island without any citizenship, which is just unconscionable. The businessman added: These are not illegal immigrants, such as what [Donald] Trump is worried about coming across the Mexican border. These people gave their time and paid their taxes, but they have no rights. Mr Caines responded: The Government rejects the assertion that it is not focused on delivering comprehensive immigration reform in Bermuda. This government values the contributions of our Portuguese community, and also wholeheartedly rejects the notion that we are not sensitive to the immigration issues facing them. Mr Pires was one of three Portuguese people to be awarded the Medal of Merit Award at the General Assembly of the World Council of the Houses of the Azores, hosted on the island this month. He was the spokesman for the now defunct Coalition on Long-Term Residents, in which he represented the Portuguese community, joined with the West Indian and Jamaican Associations. The PLP pledged in its 2018 Throne Speech that it would address issues surrounding mixed-status families. Mr Caines has said the new legislation will provide the justice mixed-status families deserve, while ensuring Bermudians have a place of primacy, in their homeland. The minister initially said he would table the Bill in July, but it has remained on the back burner since then. David Burt, the Premier, did not name immigration when he revealed the items on the legislative agenda before the end of the year including, economic opportunities, the development of the St Georges marina, the consolidation of labour laws and the development of a medical cannabis regime. Mr Pires claimed that immigration reform delays are partly because of racial discrimination against the Portuguese community. He said: The PLP has traditionally tried to exploit a divide between people of colour and those of us who are not. It created problems for me over the years with regards to my business and work permits and hostility, from certain sectors. Mr Pires explained: I dont have those difficulties now, but that is what happened. However, Mr Caines responded: Mr Piress racial discrimination allegations against the Government regarding our Portuguese community are inflammatory, irresponsible and unfortunate. Bermuda-born Michael Barbosa, who cannot apply for Bermudian status because he was born on the island to non-Bermudian parents, is awaiting an outcome on his case from the Privy Council. Mr Pires said: I am suspicious that the Government is afraid to put to the House of Assembly their plan for mixed-status families, because it might all be washed away with the decision on the Barbosa case, that everybody is waiting for. What Bermuda is claiming is that even though this person was born in Bermuda, even though this person has a British passport, they should not be given citizenship. The Government has sidestepped it for the time being, which is really a Band-Aid for an old wound, by saying, well, he can live here for ever, but we are not going to give him citizenship, Mr Pires concluded. Mr Caines would not specify when the legislation would be ready. He added: We are keen to strike the right balance regarding immigration reform because, while we recognize there are issues that need to be addressed, we also need to ensure that Bermudians have a place of primacy, in their own country.

2019. October 10. An Opposition MP who is part of the bipartisan immigration reform committee has assured residents that the group is doing all it can to get it right. Leah Scott, the deputy leader of the One Bermuda Alliance, said members were taking a measure twice, cut once approach to make sure that there were no unintended consequences as a result of any legislation. She was on the panel at a public forum last month when it was revealed that a Bill designed to ease the plight of mixed-status families would not be tabled in Parliament the following day as expected. Wayne Caines, the Minister of National Security, had earlier planned to introduce the legislation to Parliament in July. He told an audience at the Berkeley Institute in September that, after a meeting that day, there was no way that the Bill could be tabled hours later. Ms Scott said that no single issue stood out, but that there were concerns that we hadnt covered all the bases in terms of what all the mixed-status permutations were comprised of. She added: We dont want to pass law that creates unintended consequences and results in having to go back and make amendments. Lets take time and get it right. Ms Scott hoped that as far as possible the legislation would be something that all residents can live with. She said: Unfortunately its just one of those things that were not going to get 100 per cent right, and were not going to make all the people happy. I would rather take licks at the beginning for trying to get it right than take licks at the end for having screwed it up. The deputy Opposition leader added: We want people to recognize that it may seem like its taking really long, but were just trying to do the best job that we possibly can. Although Ms Scott was unable to offer any concrete timeline for Parliament, she said: I know that our goal is to have it done as soon as possible. To be honest, were so close. She is joined on the committee by Progressive Labour Party MPs Renée Ming and Christopher Famous, as well as Ben Smith, an OBA MP. Ms Scott explained: The most important thing that has come out of this is that it has truly been a bipartisan effort. The OBA and PLP members have worked together in ensuring that we have something thats representative of what we think Bermuda needs, its not party specific. Collin Anderson, the national security permanent secretary, said at the meeting last month that mixed-status families, where a parent has Bermudian status or a permanent residents certificate but a child or spouse of the individual has neither, stood out as an area with tremendous consensus in the community. He presented four example problems in which status differed between generations and even siblings. For each, he indicated how legislation and subsequent amendments created various scenarios, and how the Government intended to make sure that status or a PRC could be provided to those affected. Ms Scott said she had received feedback about a comment she made on the night, regarding non-Bermudians who come to the island and live better than the people in Bermuda. She said last week: If it caused offence, it was not intended, but its also the reality of many people in Bermuda. Ms Scott added that opportunities should be equal and said that the Government was considering ways to boost apprenticeship programmes and succession planning for Bermudians.

2019. September 27. Legislation to ease the plight of mixed-status families will not be tabled today as expected after MPs were at odds over the changes, a public meeting heard last night. Wayne Caines, the Minister of National Security, told the audience that his team was trying to strike the delicate balance between driving business and making sure Bermudians have opportunities. Acknowledging the news would be disappointing, he explained: We just left another meeting and I just had to call the Premier. I told the Premier that we will not table this Bill tomorrow. The announcement was met with applause and a cry of Amen. Mr Caines added that the Bill, first expected to be tabled in July, was on the order paper for todays sitting of the House of Assembly and members of the bipartisan immigration committee met and met. He explained: When we left the room tonight, there was no way that we could do it. About 150 people turned out for the public forum at the Berkeley Institute, where Collin Anderson, the Permanent Secretary for the Ministry of National Security, said the first two stages of comprehensive immigration reform included issues around the processing of work-permit applications. The third phase was to consider changes to policy and the Bermuda Immigration and Protection Act 1956. Mr Anderson said mixed-status families, where a parent has Bermudian status or a permanent residents certificate but a child or spouse of the individual has neither, stood out as an area with tremendous consensus in the community. He explained that meant people who were born and raised in Bermuda, and had worked here, paid taxes and contributed to the island, could find that at some point theyve actually had to leave this country. The permanent secretary provided four example problems in which status differed between generations and even siblings. For each, he indicated how legislation and subsequent amendments created various scenarios, and how the Government intended to make sure that status or a PRC could be provided to those affected. He explained: This is what we are attempting to address throughout this presentation, those individuals that have no place. A plan to provide Bermudian status at birth to children born or adopted overseas to Bermudian parents was met with applause. The legislation already allows for those individuals to secure status, but only after an administrative process that includes paperwork. In another example, parents were PRC holders, but because of their childrens respective dates of birth, and various legislative changes, one sibling had status and another had neither status nor PRC. Mr Anderson explained that the Governments amendment Act would propose that the second sibling achieves status through their brother or sister. In total, it was thought that about 1,000 people could be expected to take advantage of the various changes. Mr Caines said that the troubled history around immigration had led to fear and an element of xenophobia. He added: But we have also to factor in that, based on where we are in the middle of the Atlantic, that we need guest workers in this country. The minister explained: One of the challenges that we have, as a ministry, we have the responsibility of making sure that we keep commerce going in Bermuda, but at the same time, making sure that Bermudians have a place of primacy in their country and making sure that Bermudians are given opportunities. That is a delicate balance. Leah Scott, the deputy leader of the One Bermuda Alliance and a member of the committee, told the meeting her party was committed to working collaboratively with the Progressive Labour Party. She added: I think the biggest hesitation for all of us is for people who come to Bermuda and live and they live better than the people in Bermuda, and thats not fair. No one should be able to enjoy our country better than we enjoy it. The panel also included PLP MPs Renée Ming and Christopher Famous, Ben Smith, an OBA MP, and William Madeiros, who chaired the Consultative Immigration Reform Working Group that was put together in 2016.

2019. September 25. Delays to legislation designed to ease the plight of mixed status families could signal challenges for the Governments delivery of comprehensive immigration reform, an Opposition MP claimed. Sylvan Richards, the Shadow Minister of Home Affairs and the Environment, said he believes that postponements to tabling the Bill indicated resistance in Cabinet, which could suggest there are further struggles with more sensitive aspects of the wider issue, in the months ahead. He said: Its the least controversial portion of the immigration policy and my concern is that because the Government is having difficulty dealing with this low-hanging fruit of mixed-status families, Im concerned about their efforts towards comprehensive immigration reform, which is what they were seeking when they were in opposition. Im hopeful that an immigration Bill will be tabled in Parliament this Friday when we meet. If its not, then, in my view, thats not a good sign in terms of the Progressive Labour Party being able to bring forward immigration reform. Wayne Caines, the national security minister, postponed amendments to the Bermuda Immigration and Protection Act 1965 in July when he said there were important elements that remain unresolved. It was understood that mixed-status families legislation would be introduced to MPs earlier this month, but that was delayed once again as a Bill to raise the islands debt ceiling and a slew of measures aimed at boosting the economy were tabled instead. Mr Richards, who speaks on immigration matters for the One Bermuda Alliance, explained: This, is my opinion, based on the time and the delays that the Government is taking in bringing this Bill to Parliament, it appears that he is having difficulty getting his cabinet to agree on the Bill. Its my view that the minister knows what needs to be done in terms of our immigration policy. He knows our economy is floundering, he knows that people are still emigrating from Bermuda in substantial numbers. This Bill that hes looking to table is, in my opinion, low-hanging fruit, meaning its dealing with mixed-status families. Its dealing with people who are already here in Bermuda, people who were maybe born in Bermuda but, for whatever reason, they dont have status, people who we want to stay in Bermuda but, because they dont have certainty because of their status, theyre leaving and seeking their fortunes elsewhere, which is causing a bit of a brain drain. Mr Richards added: In my view, the Governments rhetoric when they were in opposition, in terms of fighting against the OBAs Pathways to Status, has painted them in a corner with their own supporters, meaning that I believe that the Minister Wayne Caines  and I also believe that the Premier  believe that in order for Bermuda to get back on track economically, we need to liberalize, in a sensible way, our immigration policy, which is working against us. A town hall meeting to discuss immigration reform will be held tomorrow from 6.30pm until 8pm in the Berkeley Institute cafetorium, after it was rescheduled in anticipation of Hurricane Humberto. Mr Caines will host the event and he will be joined by members of the bipartisan immigration committee as well as Danette Ming, the Chief Immigration Officer, and Collin Anderson, the national security ministrys permanent secretary. Families with mixed status include where one parent holds Bermuda status or a permanent residents certificate, while a spouse or children do not, despite being born on the island. Mr Caines said earlier that a bipartisan immigration reform plan would be tabled in the House of Assembly on July 12, taking into account the needs of businesses and Bermuda as a whole. Then, on July 23, he said: This week we aim to table amendments to the Bermuda Immigration and Protection Act 1965 and legislation that centres around mixed-status families. Two days later Mr Caines announced that the draft legislation, designed to provide the justice mixed-status families deserve, would not be tabled as planned. He said then: After a series of meetings with the parliamentary drafters and the government policy team, there are important elements that remain unresolved, and it would be irresponsible to forward legislation that does not fully meet the needs of Bermuda. We simply need more time to get it right, and I have asked for the Mixed-Status Bill to be tabled September. Craig Cannonier, the Opposition leader, noted earlier this month that the special sitting of Parliament had initially been called so that Mr Caines could table a mixed-status families Bill, which was put on hold again. Mr Richards said last week: If he wasnt getting pushback in some shape, form or fashion, this Bill would have been tabled weeks ago, months ago. Its quite apparent to everyone that hes having difficulty getting this Bill through Cabinet. The opposition member cited the BermudaFirst Future State report unveiled earlier this month, which identified action on talent and immigration among the countrys critical priorities. Its top recommendations for immigration reform that would produce more jobs for Bermudians than the present immigration regime included shifting the mindset of the Immigration Department so that it recognised the needs of the business community. The advisory group would like to see a growing population with enhanced immigration policies that expand opportunities for Bermudians and make Bermuda a destination of choice for diverse talent who will be a productive part of our community. Mr Richards said: Its at a point now that our competitors have figured out immigration. I have to look at Cayman Islands  Cayman Islands is eating our lunch every day because they have done what needs to be done with their immigration policies to encourage investment. Bermuda is being left behind because of our mindset towards immigration. We need to be more cognizant of the fact that being over-protectionist is not serving us well at this present time. Mr Richards said a silent exodus every day meant young people were leaving Bermuda in droves. He added: Unless we can encourage people to come here to work and live, encourage job-makers to come here, our future is not looking very bright. A spokeswoman for Supporting Fair Immigration Reform said the group was concerned with the lack of progress on immigration reform. She explained: As of today, the deadlines that were set have come and gone. We have yet to hear what the Governments plan is for immigration reform. We anticipate that the town hall meeting scheduled for tomorrow evening will be an opportunity for the Government to share their plan for immigration reform as we have been in the consultation phase for over three years. The spokeswoman added: If we do not move on from consultation, there will never be a resolution. Mr Caines commented: The amendment to the immigration protection Act will be tabled in the House this Friday in Parliament, and debated in two weeks.

2019. July 29. The Minister of National Security told Parliament how he was working to strike a balance between making sure there are opportunities for both Bermudians and businesses to thrive. Wayne Caines said immigration reform legislation, which was pegged to be tabled in the House of Assembly last Friday, needed some more time. The Bill, to ease the plight of mixed-status families, is now expected to go before MPs in September. Mr Caines said on Friday night: There are Bermudians that were living abroad that had children and their children do not qualify as Bermudians, thats what mixed status is about. We understand that there are certain, gaps or holes in the legislation, that are allowing people that were born on this soil not to have Bermuda status. We are committed to fixing that. He said mixed-status families wanted the Progressive Labour Party government to make sure that they have the opportunity to thrive in their own country. The minister said he understood the demonstrations against immigration reform that were held outside Parliament. He added that the Government had a responsibility to both preserve a sacred history, that included slavery and its abolition, and to make opportunities for business to thrive in Bermuda. Mr Caines said, during the motion to adjourn: We have to create opportunities for career development for Bermudians within organisations and  when we looked at the legislation this week, it just needed some more time. He told the House that his daughter was born in England and the family had to apply for her to secure Bermudian status before her 22nd birthday, in a situation that became a crisis period, earlier this year as the minister scrambled to lay his hands on the necessary documents. Families with mixed status also include those where one parent holds Bermuda status or a Permanent Residents Certificate, while a spouse or children do not  despite being born on the island. Mr Caines explained that, after he announced the postponement of the legislation last Thursday, comments online caused him to reflect on the history of Bermuda, and to take into account Cup Match and immigration in general. He said the first slaves in Bermuda came in approximately 1620 and that people were taken from their countries and ripped of their culture. Mr Caines said: Our native tongue, our language was stripped from us; we were not able to speak it, families were torn asunder. He explained that August 1 became the date that freedom was marked in Caribbean countries from a year after the Slavery Abolition Act 1833. Mr Caines added: I think it is insane, its incompatible, it is oxymoronic for the Governor of the day to be giving the trophy out at Cup Match, not because I dont believe in the Governor, it is an effigy of absurdity to an event that was created to celebrate the emancipation of slavery. People do not want to hear this part of our history. When you are celebrating the emancipation of something, that very connecting rod has to be severed, in order for us to understand the absolute significance of this very holiday, celebrating the emancipation of slavery. Mr Caines said that Bermuda was a place where people now have the opportunity to live, they now have the opportunity to work. But he added: Many Bermudians do not own passports to other jurisdictions. When they think of immigration and immigration reform, they do it against a backdrop of oppression, they do it from the backdrop ... where their history starts at being in a country forcibly as slaves. He told the House: We now waltz in and start talking about the immigration matters, our people cannot look at it how we want them to look at it. And why can they not look at it like that? Because they can only process it from the perspective of being disadvantaged, by being taken advantage of, by not having the opportunity to live in a country that was equal, giving equal opportunity to them, and their progeny. Mr Caines said he loved the spirit of Cup Match because youve got to pick a side. He added: In life, you have to pick a side, the members of the Progressive Labour Party, we have chosen a side and the side that weve chosen are the people of Bermuda.

2019. July 26. Legislation designed to ease the plight of mixed-status families will not be tabled in the House of Assembly today as expected, the Minister of National Security announced yesterday. Wayne Caines said that some issues were unresolved and that he had requested for the Bill to go before Parliament in September instead. He explained: After a series of meetings with the parliamentary drafters and the government policy team, there are important elements that remain unresolved, and it would be irresponsible to forward legislation that does not fully meet the needs of Bermuda. We simply need more time to get it right, and I have asked for the mixed-status Bill to be tabled in September. The minister said on Tuesday that the Governments aim was to table amendments to the Bermuda Immigration and Protection Act 1956 today, which is expected to be the last House session before the summer break starts. Mr Caines indicated earlier this month that a bipartisan plan for immigration reform would be tabled on July 12. He assured the public then that the issue was being worked on as a priority. The Progressive Labour Party minister said yesterday: For over 20 years, governments have worked unsuccessfully to bring about immigration reform. The aforementioned fact demonstrates the importance and monumental challenge drafting this legislation presents. In the Governments Speech from the Throne, we pledged to implement comprehensive immigration reform. This included, but was not limited to, regularizing the issues surrounding mixed-status families in Bermuda. To that end, we must ensure that the draft legislation provides the justice mixed-status families deserve, while ensuring Bermudians have a place of primacy in their homeland. Achieving the right balance is critical, and it is my responsibility to ensure we get it right the first time. He added: It is for this reason, and with great regret, I must inform the public that the Mixed Status Bill will not be tabled tomorrow in the House of Assembly as planned. Parliamentary business today is expected to include details on investigations into Ewart Brown, a former Premier, in response to questions from Derrick Burgess, the Deputy Speaker. Some information about costs, which have run to almost $5 million, were revealed at a sitting of the House two weeks ago. But answers from Mr Caines were cut short when a question period ran out of time. A police inquiry was launched in 2011 in the wake of allegations of corruption against Dr Brown. It was followed by a civil lawsuit by the Government against Lahey Clinic, in which Dr Brown was accused of profiting from unnecessary diagnostic tests at his medical clinics. All allegations have been denied by Dr Brown, who has not been charged with any offence. MPs were expected to hear today the legal costs and firms used for the Lahey suit, as well as the costs for a former consultant for Trevor Moniz, then the Attorney-General. Lovitta Foggo, the labour and community affairs minister, is to table legislation extending maternity leave from eight weeks to 13 weeks for women, and introducing paternity leave for fathers. A marathon afternoon session is expected, with House orders to be cleared before legislators break. The debate will include increasing the pensions benefits for Bermudas war veterans, as well as a Bill allowing for the prosecution of residents who commit sexual assaults against Bermudian-based children overseas.

2019. July 24. Legislation designed to ease the plight of mixed-status families could be unveiled on Friday, the national security minister said yesterday. Wayne Caines added: This week we aim to table amendments to the Bermuda Immigration and Protection Act 1956 and legislation that centres around mixed-status families. However, he said: Comprehensive immigration reform remains a work in progress. The legislation, if tabled, will not be debated on Friday, which is expected to be the last day the House sits before the legislature breaks on July 31. Mr Caines said this month that the legislation was to be tabled on July 12. He declined to comment on the reasons for the delay. Mr Caines also declined to discuss the details of what the legislation would mean for mixed-status families. The news came after the pace of changes to immigration legislation was questioned. Sylvan Richards, the shadow home affairs minister, said, if tabled, the proposed legislation would not be debated until the autumn session of the House. He added: I am concerned, as are most Bermudians, with the lack of progress thus far with immigration reform. Hopefully, the amendments to the Bermuda Immigration and Protection Act 1956 that deal with mixed-status families will be tabled this Friday. Mr Richards said: Every aspect of immigration in Bermuda is controversial and minister Caines has a delicate line to walk in that he must reform immigration policies in order to stimulate inward foreign investment into the country while at the same time appeasing the PLP base. I do not envy his position. Supporting Fair Immigration Reform, a pressure group, in May criticized what it called endless consultation. A spokeswoman said at the time: There is only so much consultation that can take place before our leaders need to commit to resolving an issue. Endless consultation on the same topic and ideas will become repetitive and contributes nothing to advance the debate. If we do not move on from consultation, there will never be a resolution. Mr Caines said earlier this year that legislation to tackle the issue of mixed-status families would be tabled in the summer. He added in April: We believe that by the end of this parliamentary session, we will definitely be able to have legislation that will go through the parliamentary process on mixed-status families. Mr Caines said that the Government would also be looking closely on dealing with the belongers issue. We will be looking at the issue, specifically on this occasion, of children that are born to Bermudian parents overseas. So, well be looking to pass legislation on those things specifically this parliamentary session.

2019. July 4. Bermudas bipartisan immigration reform plan is to be tabled in the House of Assembly next Friday, the Minister of National Security said yesterday. Wayne Caines said that the plan would take into consideration the needs of business and the needs of Bermuda as a whole. Mr Caines said he yesterday heard a panel discussion on the findings of a Business Confidence Survey conducted by the Bermuda Chamber of Commerce and HSBC across 198 companies. The survey found that restrictive immigration policies were among the biggest concerns for Bermuda-based businesses. Mr Caines said: This is something that our ministry, in fact our government, realizes is a significant challenge and it is something that is being worked on as a priority. The interesting thing about listening to the business community talk today was that they were just focused on the business part of it. The government has the responsibility to include the social elements, to include Bermudians. We believe that this outlines the challenges that we have in Bermuda, highlights a plan that we have going forward and we believe it is a robust plan not just for business but for every element that is required in Bermuda. It just doesnt focus on the needs of the business community, it focuses on the opportunities for Bermudians to be given training and development opportunities in Bermuda. Walton Brown, a former Minister of Home Affairs, formed the Bipartisan Committee on Immigration Reform in 2017. Mr Caines said it was myopic for businesses to only focus on the immigration problems that they faced. He added: We have to have the right conversation, we have to have a historic conversation, we have to look at past inequities and how people have been treated in this country. Of course we will look at ways to make the processes and procedures in immigration work better, that is a part of it. But we cant allow the business community to go away and be the only beneficiaries of immigration reform. We believe that high tide raises all boats.

2019. June 26. Portuguese-Bermudians have backed a call by a government MP for a truth and reconciliation process to close a rift between them and Bermudians of African descent. Andrea Moniz-DeSousa, the Portuguese Honorary Consul, said: As we commemorate 170 years of the arrival of Portuguese immigrants in Bermuda this year, I believe that this is, in fact, the time to have this discussion and I praise Mr Weeks for speaking up on this issue. More does need to be done for the Portuguese community of Bermuda. Ms Moniz-DeSousa said a good start would be to tackle immigration reform and status problems in mixed-status families, which includes many of Portuguese descent. She added: While we understand that this is a tough issue to address and there needs to be a balance, this is an issue which greatly affects many children of all heritages and it has been prolonged unfairly for far too long. Ms Moniz-DeSousa said Bermuda had no permanent resident population until 1609. She added: We are therefore all immigrants who have come from somewhere else. It is time, therefore, that we learn to understand and be appreciative of each others differences and struggles. We have to remain humane and have an appreciation for challenges. Ms Moniz-DeSouza also backed a move to teach Portuguese in schools and said that it should be the official second language. She added: Generally, aside from the reason that the world has become increasingly international, learning additional languages is empowering for any community as it can bring about not only the ability to communicate with family and friends but also career opportunities. Portuguese is the sixth most spoken language in the world, after Chinese, Spanish, English, Hindi and Arabic. She was speaking after Mr Weeks, a former government minister now a Progressive Labour Party backbencher, called for a new approach to people of Portuguese descent. He said: I speak to the need for us, as a country, to be honest about the plight of the Portuguese-Bermudian, since their arrival to our shores. He added that discussions about Portuguese-Bermudians and their historically strained relationship with African-Bermudians should be held. Mr Weeks said: These are our brothers and sisters. Those who were our neighbours and family friends. We must right the wrong of external negative influences on our relationship with the Portuguese-Bermudians. There is no us and them; we are all an integral part of this island, Bermuda. We are all Bermudians. All of us worked together to build this country, no matter the divisive role many years ago, of the English-Bermudian. He said English-Bermudians should also acknowledge the part they played in the separation and the African and Portuguese-Bermudians must accept their penance and extend a hand of reconciliation. He added it was time to welcome our Portuguese-Bermudians home. Mr Weeks said Portuguese as a second language not only benefited those of Portuguese descent, but would be an acknowledgement of their contribution to the development of Bermuda. He added: The genuine inclusion of all Bermudians in this country will go a long way in bridging the divide fostered over many decades. Bryan Cabral, a Portuguese-Bermudian, said that immigration should be first on the table because many people, not only the Portuguese, were forced to leave for other countries although they were born in Bermuda. He added: I was born here, but I cant be called Bermudian. Trevor Moniz, a backbencher for the Opposition One Bermuda Alliance, said that the teaching of Portuguese in schools was important, but immigration reform was paramount. Mr Moniz added: We have these poor people here who have no right and this is their home. The Government has promised immigration reform, so we await that.

2019. June 26. Mixed status families have been asked to make themselves known to the Department of Immigration as part of the next phase of immigration reform. The scenario includes families where one parent holds Bermuda status or a permanent residents certificate, while a spouse or children do not  despite being born on the island. Wayne Caines, the Minister of National Security, asked for such families to attend the gym at CedarBridge Academy between 5.30pm and 8pm on Thursday, and to bring identification. The session is aimed at obtaining an exact tally of mixed-status families, as methods of collecting information have changed over the years. Mr Caines said: Government recognizes the importance of including every member of our community in the decision making process. To that end, we are asking for your assistance in providing information to assist us in making informed decisions on immigration policies that affect Bermudians. Data collection will also continue at the Ministry of National Security at Global House on Church Street in Hamilton. Persons may attend from Friday through July 12, from noon to 4pm. Mr Caines added: We have made it clear that this legislative session, we will be dealing with mixed status families. Mr Caines emphasised that families would be able to meet in relative privacy with immigration clerks. Asked about other issues, such as long-term residents, Mr Caines said: There are other key elements, but they will not come as part of this parliamentary session. Questions can be e-mailed to jscott@gov.bm, or calls made to the number 297-7819.

2019. June 14. Lawyers for a man fighting for Bermuda status told Londons Privy Council that his lack of status was unfair and an anomaly. Richard Drabble, QC, told the court that Bermudian-born Michael Barbosa cannot apply for Bermudian status because he was born on the island to non-Bermudian parents. Mr Drabble argued that while those in Mr Barbosas position are not listed in the Bermuda Constitution as belonging to Bermuda, the list was not exhaustive. He said: There is a common-law category of belongers, Section 11.5 is a deeming provision. It puts beyond doubt that all those in the list are belongers and have the rights contained in the section. The language of 11.5 does not have the natural effect of excluding people from the category of belongers. The language is one of deeming, which brings people in. But James Guthrie, for the Ministry of Home Affairs, said the law was clear and unambiguous. Mr Guthrie agreed it was an anomaly that Mr Barbosa had lesser rights under the section than his wife, who was born in the Philippines. But he said Mr Barbosa was not stateless as he had British Overseas Territory citizenship and the right to live in Bermuda indefinitely. He said: The question is what can be done about it if in the face of clear constitutional provisions? The answer is not to say the Constitution means something it doesnt mean. The case hinges on whether the list of belongers in the Bermuda Constitution excludes non-naturalized British Overseas Territories citizens who acquired their citizenship through their connection to the island. Courts in Bermuda heard that Mr Barbosa was born in Bermuda to non-Bermudian parents in 1976 and is a citizen of the United Kingdom and Colonies by birth. He was granted British Overseas Territories citizenship in 2002 and given indefinite leave to remain in Bermuda in 2013. But he launched a legal action in 2015 because he was not eligible to apply for Bermudian status or a Permanent Residents Certificate. Lawyer Peter Sanderson argued at the time that Mr Barbosa belongs to Bermuda on the basis of common law. Bermudas Supreme Court ruled in Mr Barbosas favour in 2016 and found that he belonged to Bermuda, but the Court of Appeal overturned the decision later that year. Mr Drabble said that Mr Barbosa was a belonger by virtue of the fact he obtained British Overseas Territory citizenship by his birth in Bermuda. He said Section 11.5 of the Bermuda Constitution establishes several categories of people who can belong to Bermuda, but does not exclude those who obtain it under common law. Mr Drabble said: It doesnt matter what the draftsman of the Constitution actually thought at the time of drafting. The constitutional principles that we have to apply are that Section 11 as a whole should not be construed in a way that cuts down the rights granted in Chapter 1 of the Constitution unless the language explicitly produces that result. The natural meaning of deemed is to bring things in, not to exclude them. He added: Mr Barbosa is not the only one affected by the anomaly. Our best estimate is some 300 people are in roughly the same circumstances and at least potentially the beneficiaries of a ruling on the section. Mr Guthrie however said the section is intended to define who is Bermudian under the Constitution and not to bring in more categories as suggested. He said: We say the Court of Appeal were quite right to conclude that it is what it is and it cannot reasonably be read as anything else but intended to provide a list of those persons who belong to Bermuda. That is really that. Its not capable of enormous elaboration. The panel reserved their judgment until a later date.

2019. June 10. Bermudas final court of appeal will hear a case next week which could open the door for British Overseas Territories citizens to apply for Bermudian status. The applicant, Michael Barbosa, will argue that parts of the Bermuda Immigration and Protection Act 1956 discriminate on the basis of place of origin. Peter Sanderson, Mr Barbosas lawyer, said the case could affect hundreds of people born in Bermuda, but who have no route to Bermudian status. He added: If it is successful in the Privy Council, then it would immediately impact a very limited number of people who were born in Bermuda prior to 1983 and so have a Bermuda passport, but who for whatever reason have fallen through the cracks and have been unable to obtain PRC or status. It could also impact on around 300 to 400 children who were born in Bermuda after 1983 and lived here for the first ten years of their life. These children are able to register as British Overseas Territories Citizens, but in many cases have no pathway to status. Bermudas Supreme Court ruled in Mr Barbosas favour in 2016 and found that he belonged to Bermuda, but the Court of Appeal overturned the decision later that year. But Mr Barbosa appealed to the Privy Council, which is scheduled to hear the case next Thursday. The case will hinge on whether the list of belongers in the Bermuda Constitution excludes non-naturalized British Overseas Territories citizens who acquired their citizenship through their connection to the island. Five law lords, Lord Reed, Lord Kerr, Lord Lloyd-Jones, Lord Kitchin and Lord Sales, will sit on the bench for the case. Mr Sanderson said the case would address the issue of third-class citizens with no rights in Bermuda. He said: If somebody is naturalized as a British Overseas Territories citizen, for example, because they are a PRC holder or spouse of a Bermudian, then they will be considered as somebody who belongs to Bermuda and have constitutional protection to live and work without restriction. Bizarrely, the same is not the case for somebody who was born as a British Overseas Territories citizen. He added that the legal team was working on a very limited budget and invited anyone who wanted to help to donate. Courts in Bermuda heard that Mr Barbosa was born in Bermuda to non-Bermudian parents in 1976 and is a citizen of the United Kingdom and Colonies by birth. He was granted British Overseas Territories citizenship in 2002 and given indefinite leave to remain in Bermuda in 2013. But he launched a legal action in 2015 because he was not eligible to apply for Bermudian status or a Permanent Residents Certificate. Mr Sanderson argued at the time that Mr Barbosa belongs to Bermuda on the basis of common law. Puisne Justice Stephen Hellman found in favour of Mr Barbosa, ruled that he belonged to Bermuda and that he had been discriminated against. Mr Justice Hellman also granted Mr Barbosa the option to apply to the courts for a remedy if the Bermuda Government did not provide a legal remedy before the end of the parliamentary session. The judgment was believed to clear the way for other British Overseas Territory citizens to apply for Bermudian status. Patricia Gordon-Pamplin, then the One Bermuda Alliance governments Minister of Home Affairs and Mark Pettingill, the Attorney-General at the time, launched a successful appeal later that year. They argued that Mr Justice Hellman had interpreted the Bermuda Constitution too broadly and that he could not add to the categories of people who belong to the island. The Court of Appeal judgment, written by Appeal Judge Desiree Bernard, said section 11(5) of the Constitution was legislatively a list of those who qualify as belongers. She wrote: It sought to make clear and remove doubt about those whom the Constitution regarded as belonging to Bermuda. I do not agree with Mr Justice Hellman that the list is not exhaustive. Unfortunately, persons such as the respondent who was born in Bermuda of parents who did not have Bermudian status were not part of that list.

2019. May 28. Bermudians must come first in any changes to the immigration law, the national security minister said yesterday. Wayne Caines said: All reform must centre around the premise of Bermudians having a place of primacy in their homeland. We believe any and all immigration reform should increase opportunities for Bermudians. He was speaking after the Supporting Fair Immigration Reform group questioned the pace of change last week. Mr Caines said in January that he hoped to have key elements of immigration reform debated and passed in the House of Assembly by the end of July. The advocacy group, which formed during 2016 protests over the One Bermuda Alliance governments plans for changes to immigration law, criticized the endless consultation over immigration. Mr Caines has vowed to introduce legislation this summer on mixed-status families  a pledge from the Throne Speech last November. Cases of mixed status include families where one parent holds Bermuda status or a permanent residents certificate, while a spouse or children do not  despite being born on the island. Mr Caines said the ministry was now in the data-gathering phase and legislation for this amendment will be presented to the House during the summer session. He has also unveiled plans to make changes to work-permit categories to strike the right balance between the legitimate expectations for Bermudians and the labour needs of businesses. Mr Caines said yesterday that he appreciated the concerns raised by the group and that he wanted to assure Bermuda that Government recognizes the importance of immigration reform. He added the bipartisan parliamentary committee for immigration reform, set up in October 2017, was still examining policy issues around reform. The committee, headed by Mr Caines, is made up of Progressive Labour Party MPs Renée Ming and Christopher Famous, and OBA MPs Ben Smith and Leah Scott. Mr Caines said the committee looked at the various immigration efforts and Cabinet would decide on all-new policy and legislative changes. He added the review of work permits was aimed at tightening restrictions on categories where it appears that there may be Bermudians capable of filling those posts. Mr Caines said comprehensive immigration reform was a work in progress that would be phased in and executed systematically. He added: The timetable will be announced when it is practicable.

2019. May 27. A lack of progress has been made on promised immigration reform, a pressure group has claimed. A spokeswoman for Supporting Fair Immigration Reform said that group members were concerned over the lack of headway. She said that Wayne Caines, the Minister of National Security, said in January that the latest report from the bipartisan Immigration Reform Group would be considered by Cabinet. The spokeswoman added that Mr Caines had said that key elements of immigration reform would be debated and passed in the House of Assembly by July. She said: As of today, we have yet to hear what the Governments plan is for immigration reform other than looking at the categories of work permits. If the Minister expects to keep his word and have the key elements passed by the end of this parliamentary session, it should be public knowledge by now of what is expected of immigration reform, especially if there is to be public consultation. All that is ever mentioned is that they are in the consultation process. The spokeswoman said that the consultation process had taken place for years. She added: In 2016, the first consultation group was put together. Now in 2019, we are still in the consultation process. There is only so much consultation that can take place before our leaders need to commit to resolving an issue. Endless consultation on the same topic and ideas will become repetitive and contributes nothing to advancing the debate. If we do not move on from consultation there will never be a resolution. The spokeswoman said that the group had expected the Government would have made much more progress on immigration reform given the activities being planned to commemorate the arrival of Portuguese immigrants. The best way to honour this community is to embrace substantive action on such an important policy file. It is surreal that the Government can mark a holiday to celebrate a group of immigrants but fail to expeditiously resolve the issue of divided immigration status within families, which affects that very community so disproportionately. This holiday for many Portuguese is seen as a consolation prize when it should be a celebration of their inclusion into our Bermudian community. We once again implore and urge the Government to fulfil its own stated promise of comprehensive bipartisan immigration reform to correct the injustices and divisions that exist within many families in Bermuda and to not let this holiday pass without concrete action. Mr Caines said last month that changes to legislation to tackle the problem of mixed-status families will be tabled this summer. He said: We believe that by the end of this parliamentary session, we will definitely be able to have legislation that will go through the parliamentary process on mixed-status families. Mr Caines added that the Government would also be looking closely on dealing with the belongers issue. We will be looking at the issue, specifically on this occasion, of children that are born to Bermudian parents overseas. So well be looking to pass legislation on those things specifically this parliamentary session.

2019. March 19. Government ministers are expected to discuss the problem of belongers to Bermuda in the next few days as part of its effort to make changes to immigration law. Wayne Caines, the Minister of National Security, said a paper on the subject would help the Cabinet decide what its next steps will be. He told the House of Assembly yesterday that immigration reform legislation could be tabled in Parliament by the summer as his team tried to balance the needs of Bermudians with those of international businesses. Ben Smith, the Shadow Minister of Social Development and Sport and National Security, asked about non-Bermudian belongers as representatives in Bermuda sport. His question came after Narinder Hargun, the Chief Justice, ruled last year that two people belonging to Bermuda as children of naturalized British Overseas Territories Citizens had the same right to compete in sports events as a citizen and/or national under Bermuda law. Mr Smith, who is also the national swimming coach, asked if the ministry could provide further details. Mr Caines said the subject was quite emotive and revealed that Walton Brown, the Cabinet Office minister, had written about it for colleagues. He said: We have a paper that is due to go to Cabinet any day now with reference to the plan around the belonger status. We will have the opportunity to discuss that within the next week at Cabinet and we will be able to have a decision made on that quite soon. Mr Smith pointed out later that the problem for managers was that if they tried to protect Bermudians when team selections were made it puts the sport in a difficult situation where potentially they are going to end up back in the courts. Mr Caines explained that work was carried out over the past six months to understand the drivers causing disquiet in the country but that comprehensive changes to immigration law could not happen overnight. He said: There is a delicate balance when understanding that we need international business coming to Bermuda but at the same time, within that matrix, Bermudians have to be given opportunities. MPs heard that the first stage of the plan for immigration change involved the processing of work permits and was completed last December. A review of the departments work is expected to start in April, when it was hoped bottlenecks in the system could be tackled. Mr Caines said: The immigration reform phase is at the centre of the overarching reform and will emphasize policy development, pu