Legal Pathway To Status For PRC Holders
In response to Friday’s [May 2] judgment regarding the matter of Carne and Correia, a Ministry of Home Affairs spokesperson said, “The judgment regarding the matter of Carne and Correia, essentially means that there is, under current legislation, a pathway to status for Permanent Residence Certificate [PRC] holders.
“In short the Supreme Court is saying that if a PRC holder submits a naturalisation application to become a British Overseas Territory Citizen [of Bermuda] to the Department of Immigration at the same time as a status application under Section 20B[2][b], and the Minister of Home Affairs ["the Minister"] supports the naturalisation application which is subsequently approved by the Governor, the Minister must, save for various circumstances as set out in the Bermuda Immigration and Protection Act 1956 ["BIPA"] grant the applicant Bermudian status under the said section.”
The spokesperson continued, “This provision has existed for many years, which has only come to light as a result of PRC legislation. It would appear the previous Government did not grasp the fact that provisions in the BIPA that were amended in 1994 would have this effect upon introduction of the PRC legislation in 2001. In other words, PRC legislation has seemingly created this unique circumstance.
“The applicants in this case made enquiries of the Department of Immigration in 2012 about status under Section 20B of BIPA and were indeed told [correctly] that no such application procedure existed. Applications were eventually made to the Minister in 2013. The Minister rejected those applications on the basis that there had been no pre-approval for status under the BIPA.
“The Immigration Appeal Tribunal ["IAT"], which was a creation of statute in 2011 by the previous Government, overturned the Minister’s decision. On appeal by the Minister, represented by Mr. Phil Perinchief to the Supreme Court, the IAT’s decision was upheld and the Minister has consequently been directed to grant Carne and Correia Bermuda status. This decision by the Supreme Court obviously has wide ramifications for existing PRC holders.
“In order to become naturalised an individual must follow requirements as set out in the British Nationality Act 1981 [which is a UK legislative Act]. That Act basically says that if the applicant is of good character; has been in Bermuda for a period of five years ending with the date of the application; and the applicant is not subject to any immigration restrictions for the 12 months preceding the application [among other conditions] – the applicant should, under most circumstances, be granted BOTC.”
The spokesperson concluded, “In short, work permit holders will fall foul of the immigration restriction provisions, but PRC holders will not. Chief Justice Kawaley concluded in this judgment that Section 20B[2][b] provides a valid basis for PRC holders to apply for Bermudian status. He indicated that applications under this section should ordinarily be made in tandem with the related naturalisation application and that technical violations of the application process should not effect the merits of such applications.
“The Minister of Home Affairs will review the decision carefully in order to consider whether to appeal the Chief Justice’s judgment.”
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Cant see anyone commenting on this:)
I find it ironic that Betty trumpet hasnt commented on this article yet!
Where are the regular PLPers when you need a GOOD laugh!!!
They are consulting with their advisor, the TEA PARTY.
All PRC Holders that have lived most of their lives in Bermuda should have the option to apply for status.
They shouldn’t even have to apply. They should be granted it (unless they have some objection) outright.
That’s a stupid statement, of course they should apply, or should we just give them passports, driving licenses, bank accounts etc without application…should just be granted……must be the English thought process, the right to be….
How interesting and ironic. The PLP who have vehemently campaigned against the OBA giving status to PRC holders created the legal mechanism for status to be granted. So it is the PLP who have given status to PRC holders. How will they handle this one?
Thank you Justice Kawaley for sorting out this out.
” It would appear the previous Government did not grasp the fact that provisions in the BIPA that were amended in 1994 would have this effect upon introduction of the PRC legislation in 2001″
I don’t expect to hear much from some regulars on this one.
“It would appear the previous Government did not grasp the fact that provisions in the BIPA that were amended in 1994 would have this effect upon introduction of the PRC legislation in 2001.”
It would appear that the PLP weren’t the only one’s who missed it. Seems like everyone else did too!
But the CJ has made a really really weird ruling here that doesn’t make a whole lot of sense!
I think a lot of people picked up on it previously. But the previous government had amply demonstrated that it was capable of being vindictive so no-one was willing to be the test case that went before the courts.
Well, “swing voter” it would appear to me that the PLP didn’t grasp a lot of things, and still don’t! Love how they blame the judge & current government for their careless incompetence, perhaps they’ll march on parliament!!
Indeed! and for the love of all that is holy please Minister Fahy do not waste what precious little cash Bda has by throwing some senseless appeal at this ruling. It’s done, and it’s good. Let’s just keep moving forward!
Clear as mud, but at the end of the day seems to make sense.
A sense a march coming…
You do realize that just changing your name isn’t enough, right? We still know it’s you posting…
You must be the biggest troll on here, have you ever posted anything of value?
Yes. I have.
Have you? I doubt it, considering that you seem to think that posting false personal attacks while hiding like a coward behind a fake name is “posting anything of value”.
Why not come out from behind the hood and engage me in a conversation?
Or is that too much for you?
What are you so scared of?
OBA are politically naïve enough to go ahead and waste more public funds and appeal this to Appeals Court and Privy Council in order to “look like” their protecting Bermudians.
So if the Gov. appeals they’re only trying “to look like they care” and if they don’t appeal “they don’t care”. So according to you, no matter what they do, they can’t win? Those are some tough options.
Yep, thats how PLP people think! No matter what they do, PLPers will find a way to make the OBA look bad !!
Can’t be that PLP passed some legislation that allows people to become Bermudians! But don’t worry dumb, incompetent OBA gang led by AG Pettingill & Min. Fahy will make an even bigger mess!
Huh…you’re living proof that every village has an idiot
“The Minister of Home Affairs will review the decision carefully in order to consider whether to appeal the Chief Justice’s judgment.”
By Minister Fahy saying this he has just proven that he’s dumb as a a door nail.
He has opened the door and he now MUST go through it…
No he mustn’t. They will consider the decision carefully and then decide. They may appeal it. Or they won’t.
The words are very clear and mean what they say usually (unless you’re Humpty Dumpty of course).
He wouldn’t let Canadian film crew in…there is no way he’s going to let PRC’s in. Chris Furbert tells him what to do and there is no way Chris is going along with this…
Then he’s going to have to take it to the Privy Council and I expect he’ll lose there.
This is interesting , unfortunately it will bring out the xenophobic side of otherwise normally relatively rational people.
Hey Dip Stick de Island is only 22 square miles or so, there should be a limit and can you tell me what country on the face of this earth that dose not have any form of XENOPHOBIA ?Especially in Europe where Africans are being treated like trash !!!!!!!!!!
does
Your a clown even the real Steven Biko had help from the other side in order to achive his selfless greatness but people like you just will never get it.
LOL
They are already here – have been for a long time – aren’t going anywhere – get it? What are you so terrified of?
Annnnnd there it is.
Although the “normally rational” thing doesn’t really apply here, does it?
Dear Steve
Not sure what Africans you are referring to with regard to your European comment. Many European countries have citizens whose families were originally of African descent and they are treated exactly as citizens by citizens!
With regard to your other comment I don’t think you understand that the people who would get status are already living here so not sure how their gaining status would affect the population in a negative way?
Thank you Steve Biko for explaining why xenophobia can be found within Bermuda. I thought it was just me. Image how all our visitors feel when faced with this 22 sq. mile phenomenon – must be quite disconcerting to say the least..
Steve, as far as “a limit” goes, has it ever occurred to you that those people are already here? It won’t make any difference whatsoever.
but but but……this will dilute our birth right…..
Jim, I think you mean “they might not vote the way I want them to”.
six of one….
Holy hell I can actually HEAR the collective teeth sucking.
Cue endless days of “this OBA government is ANTI-BERMUDIAN!!!!”, marches, BIU strikes, etc
All for a something that has nothing to do with the OBA and was actually a PLPbiu policy. But it won’t matter. Logic matters not. Maybe we can go back to those “expat go home” flyers left on cars/bikes back in 2007/8, that’ll be fun
To be clear:
THIS IS THE LEGAL RESULT OF A PLP POLICY, THE OBA HAD NOTHING TO DO WITH IT. THEY MAY EVEN REVERSE IT, WHO KNOWS? BUT AS OF RIGHT NOW, THIS IS THE RESULT OF A PLP POLICY.
The talk shows will definitely be humming about the bloody foreigners taking all our jobs today.
All those foreigners taking our jobs? Don’t forget houses, school spots, cars on the road, and so forth
You mean the foreigners that are already here, that already have a house, that already have their kids in school, that already own a car, that already …?
If anything this is a plus since with status they’re more likely to invest in the island, e.g. buy a house, start a business, and so forth.
And so for all the Bermudians born and raised in Bermuda who left because they were told that they could get status… well you can come back home now.
…and boy did those foreigners in 2007-2008 ever go home! Now we’re all feeling the knock down effect of that. Anyone who doesn’t get that doesn’t understand how our economy works which is sad as they are probably the ones that are the most affected (and were probably at the red march).
Uh, you are forgetting the thousands of Bermudians of West Indian and Portuguese descent, who couldn’t get status before and whom this ruling will actually be helping…
The biggest mess is what PRC’s and Bermudians have to go through to buy and sell a property……an administrative nightmare
I welcome this news. Clearly, its the right thing to do. These individuals have lived in and contributed to Bermuda for over a quarter of a century. Our birth rate means our population is shrinking. These are exactly the sort of people that Bermuda needs and should welcome with open arms. This is positive for Bermuda and I, as a Bermudian, am happy with the decision.
WHEN all of the PRC holders receive full status then thay would probably be voting for the present Government in the next election; being mostly sensible people.
So, by not challenging the wisdom of Kawaley CJ, Fahey WILL be protecting Bermudians as it will help to stop the country being returned to the Dark side of issues and waste that we had under the Brown Stain.
PRC holders that have been here since 1989 should get status.
They have contributed to our tax base,spent money in our businesses and even contributed to charitable causes.Those to complain probably do none of the previous mentioned.
Everywhere else in the world,this is the norm.
What about the ones who got here in 1990 next year? Plenty have already left because the doors are shut, as are the windows.
Those who are still here are on conventional permits and could be kicked out at any time – they’ll never have the safety margin that a PRC would provide.
Between the two, plenty of valuable* long-termers are still 3 weeks away from being told “don’t let the door hitchyass on the way out!” Obviously a situation that the PLLbiu loves, but is it really best for Bermuda.
* valuable due to their contributions to and integration with Bermuda society after 10/15/20 years. Not necessarily their economic contribution, which is likely to be significantly higher than average, on average
Cue amended legislation in 3…2…1….
This is absolutely fantastic news. We have been hearing from the economists that Bermuda needs more residents to help grow the economy. Here we are with a tailor made solution – lock in residents who are already here and already firmly embedded in the community. This will have a really good effect on real estate transactions and construction – to name but two areas – while doing “the right thing” socially and morally.
Please OBA and PLP do not appeal against this – it’s a gift, so grab it with thanks.
@ Bermuda123 I agree with you on this. It is hard to understand why they would consider appealing when they are activelly considering commerical immigration. If the minister wants to he might consider closing the loophole, hopefully only after the people who presently qualify get their status.
It is nice to see that the discussions on this thread are mostly civil and sensible. Now if only we could teach Bermuda’s politicians to conduct themselves in the same manner when discussing this issue that will no doubt get passionate.
Good.
As someone who was born in 1990, to ex pat parents (who only narrowly missed out on status before law changes), this is promising.
However I really want to see the OBA set in motion some changes for recognition of those born on the island, nowhere else in the world can you be born there and not be considered for status, this quite frankly is ludicrous. Especially embarrassing given the hoops immigration have made me jump through, including holding ‘tourist status’ for several summers, in the country of my birth.
@ Born a PRC, although I sympathise with your situation, as I have many friends who I grew up with in a similar situation, I don’t support your argument. There needs to be restriction on who and who can’t be granted status/citizenship in Bermuda because unlike other countries we don’t have the resources, i.e. jobs etc. to support everyone and anyone who was born on the Island. Its simply a matter of physical and economic size limitations. Having one’s child born in a country just to secure citizenship is actually a well known scam that the US and UK as well as other European countries have clamped down on because it was well abused in the past! So unfortunately your parents should have been made aware of this/or made themselves aware of this before they decided to have you here and made it clear to you long ago that although an idyllic place to grow up, Bermuda would never be your home. All’s not lost though…… you can marry a Bermudian, start a business with a Bermudian, go to Australia or New Zealand they would love to have you there and from what I hear there are many more opportunities there than Bermuda!
I feel like you’ve taken my point and extended it beyond its logical breaking point. I pointed out that my parents were established on the island and were PRC holders when I was born, a simple requirement such as “parents must be PRC holders” would be pretty logical to establishing whether or not status could be granted. Should do away with some of your concerns regarding scamming the immigration system, while including those who contribute and feel a part of the island.
Secondly I’m actually looking for work in Bermuda at the moment and there seems to be many more opportunities in my field compared to say the UK or Australia, just a thought. By the way telling someone born and raised that they are not welcome from a young age and taking the approach of “Go to Australia or New Zealand” is pretty damning indication of some of the xenophobic attitudes I’ve come across.
Born a PRC please ignore the small minded George and his narrow minded ignorance. We all know the type.
thats right… the small minded idiot types that don’t agree with folks like you. its what preserves your sense of superiority that many grassroots bermudians despise about people like you.
grassroots – here we go again…..
“…grassroots bermudians…” meaning… what?
Care to elaborate?
Didn’t think so.
Actually it’s not true that being born someplace automatically gives you citizenship. Switzerland is a prime example – simply being born in Switzerland doesn’t make you Swiss.
Switzerland probably isn’t the best example, granted that you are not given citizenship as a birthright, you are given the option of naturalisation at an early age.
Unfortunately you have to draw the line somewhere. Do you realize how many people would have flocked to Bermuda just to have kids knowing their kids would be granted status. I dont want to single any race/ nation out but Chinese people in particular, go America so they can have more then one child and seek a better life!
Bermuda just doesn’t have the space available for our population to grow that much..
‘Born a PRC’ is not talking about opening up status to anyone and everyone born in Bermuda. He’s talking about those who are born here and spend their entire lives here, to parents that have a legal rigth be be here for the rest of their lives. There is just something wrong with telling kids like that that they have to leave the island when they finish school.
My only issue is that there is an English speaking requirement. Why? If someone has been able to live here since 1989 without mastering the english language I think they deserve status like the rest of the PRCs.
This really sounds like is a class restriction. But why would the OBA want to do that? Hmm….
Ummm….which party put the english speaking requirement in place?
Who is reviewing the legislation?
If the OBA ammends this section I guess you’ll have to admit they are less “class restrictive” than the PLP.
Many primarily english speaking countries have a english speaking requirement for immigration / naturalisation. It isn’t a barrier, it just is a test to show that you can function within society and conduct your affairs without too much difficulty.
It’s interesting to see that someone is actually looking at the legislation that has been enacted and seeing what avenues are available to long term residents.
I do welcome the ability for the pre-1989 PRCs to get their status. Putting 25 years into a country is proof enough that you are committed and those who do leave will eventually lose their status if they stay away. So really getting status means that you will have to provide continued commitment to the island.
In my opinion it’s a winning combination – I know others may differ.
BIPA was under the UBP, which is pretty much the same guys in government now. So what’s your point?
But the BIPA amendment of 1994 didn’t create the issue, it was the PRC legislation of 2001, and it’s authors did not know understand how their legislation would interact with the existing laws.
Hahahaha. As if no PLP MP has ever complained about non-english speakers in Bermuda.
Thanks for the laugh.
Complaining that they can’t communicate in the job they have is different than restricting the person all together based on language.
If the person mainly deals with a certain segment of our community that understands him, I see no reason to block their status. Maybe make it apart of their swearing in, like in the US where they actually have classes for US Citizen candidates.
I know, there’s a lot of people here that don’t speak proper English or know basic grammer so I’d think twice before making that a requirement.
It is a requirement to become a British Overseas Territory Citizen granted by the UK not Bermuda. Not Bermuda’s Laws for BOTC the UK laws under the British Nationality Act 1981. You would be surprised how many people actually qualify for BOTC and do not realize it. Thanks to the PLP changes to the immigrations act and the recent judgement, if you qualify as a BOTC you qualify for Bermudian Status. Have at it, anyone born here or lived here without immigration control for the last five years. bermuda needs the population. Your home is now your real home, congradulations and welcome to Bermuda.
oops Congratulations!
Don’t appeal. This is a good result for all of Bermuda. The law of unintended consequences….great stuff indeed.
Minister Fahy knows full well that fresh meat is needed on the Island or people’s pensions/homes/standard of living are in serious jeopardy.
He won’t fight too hard to halt this new ruling that is good for Bermuda, good for human rights and good for the PRC’s who have been living for decades in the twighlight zone of “semi citizens”
If you are a Bermudian who is willing to step and put in a solid days work, you have nothing to fear and your Countries future is now more secure.
If you are a loafer who wants to swan by on entitlement and are not willing to contribute to the common good with a solid days honest work; then yeah, you won’t like this new ruling.
I don’t understand why people think that this is bringing new people….these people are already in Bermuda and are a part of our economy. They are not “fresh meat”
Why don’t we all admit that the whole PRC thing simply didn’t work and that we should have stayed with the Status thing all along since 1989 and given it to a small amount of people each year (it was 40 I believe). The PRC’s who will be able to get Status are already here – so the only impact will be the pathetic moaning from the PLP. Please note that the PLP would have moaned about whatever was today’s news because that’s all they ever do.
PLP – Moaning Strong In the Community.
I think that this is a good thing for Bermuda. Yes, the PLP do deserve credit for bringing this about.
As a PLP supporter I am not afraid to put the blame in this case clearly on the shoulders of the former PLP government. there has always been an element within the PLP who were really afraid to govern and take those those tough decisions; unless you are talking about former premier Browne who had to face censure from within his own party. But the important question now is what this OBA government is going to do. It has already made it clear that it would like to boost Bermuda’s population and even if it claims that it is considering a legal challenge; this ruling has in fact handed it a golden opportunity to do just that and that is to boost Bermuda’s population and blame the former PLP government’s slackness; for if it claims that it’s hands are tied than it would have just that easy to let matters take it’s course. But if it really was concern about protecting Bermuda’s borders than all it has to do is change the Bermuda’s immigration law well within it’s realm.
We’ve all been waiting for your usual xenophobic response. Damn foreigners, cause of all your problems and it they weren’t here, everyone would have $ in the Bank and the job of their dreams. Heck Al, you could be CEO of XL if there were no foreigners, right?
you are clearly not a stable individual
One thing absolutely everybody knows is that PLP will admit no wrong doing since they never do – never have done.
I’m sure the folks who get Status as a result of this will return the favour and vote PLP in the next election. Well, in your dreams anyway.
At the end of the day this is the right thing to do – so we can all rest assured that PLP had a hand in doing something good without reward. Guess there’s a first time and all that.
This particular issue will not boost Bermuda’s population. The only thing that will change is that PRC’s that have been here since 1989 will get the right to vote. This is what terrifies the PLP and its support base.
Alvin, you are actually saying that ” there was those in the plp, that was afraid to make the tuff decisions??” This coming from you is laughable at best, the toughest decision you ever had to make was, ” deciding which mailbox was the correct one for you to put an envelope in that had the address on it!!” The plp this time in my opinion actually did the correct thing, not surprisingly though, it was done because of another error they caused!!! Anyway I am totally happy at the fact that those who have contributed all these years to BDA can finally get their status and now many of them will feel that they too should buy homes and invest their money in BDA, it is a win win for everyone except the plp because I am fairly confident I know where most of their votes will go!!! Thank you plp!!!!
Alvin, how will this boost Bermuda’s population? Those PRC’s are already here. It won’t bring anyone new to the island.
At last. There is an achievement of which the PLP can be proud.
Yes hearty congratulations to the PLP. They laid the groundwork all those years ago for a truly great moment in our history. The moment when Bermuda did something right. And here we thought PLP were those people who poured all our money down the drain and moaned about white people. Now in a true gesture of humanity they are letting a load of them in here. PLP on this day you should be proud. I know I am.
Of the thousand or so people who will get Status, maybe you’ll get one or two votes. Maybe three. No probably not. Screwing PRC’s with the housing licence thing probably wasn’t the smartest move huh?
How’s it working for you now PLP? I imagine you are feeling rather foolish.
” the previous Government did not grasp the fact….”
LMAO!! the defunct plp didnt grasp any facts,they only knew how to spend other people’s money!
Or…Alvin…if we value the meaningful contributions of these people to our economy and society we allow this PLP mistake to stand. The rest we continue to clean up.
Bermuda wins . If they could buy any piece of property , there’s plenty for sale . Most are coming up for retirement and will soon be pensioned off … That money will stay here . If children are involved , then surely those offspring will , support the parent (s) . Do the right thing OBA , give these people full status .
Pre ’89ers , welcome on board .
Coffee, is that really you??? If so, you have seen the light finally!!! All joking aside, I totally agree with you!!
The father of the OBA , the UBP , kept this set of people like a man keeps a mistress , interested , well looked after but only good enough for a flop .The PLP , by giving the same set of people PRC status , was like giving them an expensive engagement ring but never intending to marry . Such is the state of these poor basfords .
Now the OBA have a full plate , anyway they step they’ll piss off a subset of people . I don’t envy their position .
We do not have a million acres to sell, so ! whats your problem.
Bermuda needs to re value its real- estate.
Bermuda’s limited land availability controls
price;desirability and value at about $1,000,000.
per 1/4 acre that is if you can find it.
I disagree with this. There are many friends who have lived in Bermuda since they were small children and they don’t qualify for Status or PRC. How does this make it fair? Most of these PRC holders came here as adults. The only PRC holders who should be granted status are those who were born in Bermuda!!!
This is pure bs… surprise surprise a loophole for offering status to PRC holders is “presented” under the OBA’s tenure. And we now get to watch the OBA pretend to be surprised and enact a measured, thorough “consideration” of appealing. This was a judge’s judgement. And as much as these folks – likely non Bermudians – jump at the opportunity to blame the PLP, it will be the OBA that allows PRC holders to milk the heck out of this before the next election. And that won’t be something you can blame the PLP for.
Prepare to see anti-foreigner sentiments rise to a entirely new level as the OBA continues to deliver Bermuda on a silver platter to non-Bermudians…
Surprise, surprise…
“Ian” presents yet another baseless conspiracy theory designed solely to denounce the OBA and remove any fault from the PLP, completely removed from reality.
Do better, man. Seriously.
“Prepare to see anti-foreigner sentiments rise to an entirely new level…”
It’ll rise as long as folks like you, sulking ‘cuz your party lost the election, continue to stoke it with baseless conspiracies and misinformation and hate.
We deserve better than this kind of dishonesty.
It was the PLP who did this. Get a grip.
Really? I’m pretty sure this started under the UBP.
Welll you’re wrong. It was ALL done by the PLP.
I don’t really see what all the fuss is about. Folks are poking fun at the PLP as if they somehow dropped a ball, inherently validating an their empathy for those PLP’ers that don’t support offering status to PRC holders. And on the other side of the fence is the segment of PLP supporters that will likely take their disdain for foreigners to a new high, which will likely not bode well for the sense of well being of foreign nationals, as a whole, here. Especially considering that disdain is furthermore being fueled by struggle in bad economic times.
Since the article quotes the Ministry of Home Affairs as saying Bermuda status can be granted to qualifying people who also are submitting an application to be a British Overseas Territory Citizen, it seems to me that PRCs who are already BOTCs or indeed, are British, may not be eligible to apply for Bermuda status.
If that is true then the law seems discriminatory to me and for that reason if no other, it will probably have to be looked at.
The UBP created PRC’s as a one time thing in 98 before they left power.
They said they would never do it again.
One of the first things the PLP did was fix this issue and I thank them.
Now I would like to thank them even more!
Well done PLP!
Incidentally since getting my PRC I have started a company, (with a Bermudian) created jobs and employed many Bermudians.