19 Property Cases: Possible Prosecutions

Yesterday [Oct 25] Minister David Burch hosted a press conference going over aspects of his Ministry. On the subject of the restriction for non-Bermudians with purchasing property he said there “are currently 19 cases being reviewed” with a “view to likely criminal prosecutions.” The Minister didn’t give specifics, however said they “include the names of some very prominent Bermudians.”

The deadline for the regulation requiring Bermudians who live with or are married to non-Bermudians to obtain a land licence is on December 31 2010. Effective that date, property owning couples of whom one is non-Bermudian, must obtain licences costing $1,375.00. As per the Bermuda Immigration and Protection Amendment Act 2007, people in default of this law could end up being imprisoned or fined a substantial amount.

Also on the subject of immigration Colonel Burch addressed both ‘sides of the coin’ saying “Some Bermudians have a sense of entitlement; they feel since they are Bermudian, they should get a job over a non-Bermudian candidate, even if they are not qualified. I’m here to say that cannot be so!” He also said that he and his staff have been threatened by people who “think that somehow they have a divine right to remain in Bermuda forever.”

He said there are about a dozen cases in various stages of dispute, and there is an attempt to sue him “in my personal capacity.”

Minister Burch’s full statement, in relation to immigration, is below:

Several new initiatives within the Department of Immigration have been implemented this year. Effective April 1the Work Permit Holders’ Competency with the English Language Policy was implemented. Following a consultative process with relevant stakeholders that resulted in no objection or comment from any of those groups – the policy was implemented.

The issue of guest workers in the various sectors of the workforce who have difficulty understanding Basic English has for many years often been a vexing topic amongst locals and residents alike.

While it is appreciated that employers in a number of industries are finding it more and more difficult to recruit from English-speaking countries, it is unacceptable to have foreigners serving persons, whether it is in a restaurant, a hotel or a rest home, who cannot communicate effectively in English. Further, a lack of competence in English is dangerous in a job where one has to also read prescriptions (caregiver) or the labels of dangerous chemicals (cleaner).

The Department of Immigration provides an overseeing role of the policy and responds to concerns raised with the department regarding work permit holders’ inability to demonstrate basic competence with the English language.

Effective May 1, a new visa requirement for Panamanian, Dominican Republic, Philippine nationals and all high risk nationals that currently appear on the United Kingdom Direct Airside visa list was instituted following several complaints to the Department.

Placing these nationals on the visa-controlled list permits the Department of Immigration to more closely vet applications for Work Permits, visas or residency.

To remind – there are currently 92 countries requiring a Bermuda entry visa, so this should not be seen as singling out these nationals. In this regard we follow the United Kingdom – when countries are placed on the UK Direct Airside Transit Visa list – we follow suit.

I have reported extensively already on the need for restricted persons to validate their land holdings before the new deadline of December 31, 2010 – so I shall not rehash much here – except to say there has been some positive movement from some in the community seeking information on the subject. We have seen a significant increase in the number of applications since the further amendment and are currently about two months behind in processing because of the volume.

You will be well aware of the need for such an amendment – the fronting by Bermudians for restricted persons who acquired property in Bermuda unlawfully. I can report that there are currently 19 cases being reviewed by Ministry counsel with a view to likely criminal prosecutions. As these cases are likely to be before the Courts – what I will say is that they include the names of some very prominent Bermudians both in and out of the legal profession.

I can confirm that we are very close to the launch of the electronic Land Licence Register that will greatly assist in the management of property owned by restricted persons.

I can also report a marked increase of Bermuda Status applications, several from spouses who have long since met the requirement. Concurrently and correspondingly an increase in land licence applications has also been seen since the extension of the deadline. I again encourage anyone who is interested in this topic to contact the Department of Immigration.

For the advancement of the Bermudian workforce, there must be a shift of attitude amongst some Bermudians seeking employment. They must realize that the jobs and careers of tomorrow require necessary education and certification so that Bermuda can remain competitive in the international community. The Department of Immigration is liaising directly with the Department of Labour and Training before considering issuing Work Permits.

Some Bermudians have a sense of entitlement; they feel since they are Bermudian, they should get a job over a non-Bermudian candidate, even if they are not qualified. I’m here to say that cannot be so! Bermudians must take responsibility so that we may all proceed into the future competitive and armed with the skills and ownership to take on the employment positions needed to run our country. With this new sense of ownership, responsibility and unity, Bermuda will be able to prevail through any circumstance.

I have also seen several bright energetic young people who cannot find employment – in particular one young man who had applied for 21 jobs – without even an interview. So there are two sides to this coin – those Bermudians who want to work and those who do not.

That said – a balance has to be struck between these competing priorities and the realities of the workplace – as such in response to significant complaints a moratorium has been placed on work permits for certain job categories.

This will be extended to other categories as the need arises. A reduction in jobs in Bermuda must result in a corresponding reduction in work permits. Fewer jobs require fewer workers. I cannot send the Bermudians anywhere so it must be the non-Bermudians who go home.

In spite of the world wide economic downturn and the consequent loss of jobs there is great resistance by many foreigners to the non renewal of Work Permits. We are seeing a marked increase in the number of employers and indeed some guest workers challenging the provisions of the Bermuda Immigration and Protection Act.

I have been threatened – my staff has been threatened – all by people who seem to think that somehow they have a divine right to remain in Bermuda forever.

We presently have about a dozen cases in various stages of dispute – either through the Courts or lawyers writing to the Department. Up until last week – all of these suits were against me as the Minister responsible for Immigration – but now there is an attempt to sue me in my personal capacity.

So let me put all of them on notice – as some have already learned – we will fight just as aggressively to protect the rights of Bermudians up to and including ‘naming and shaming’ the guilty.

The suggestion of introducing Work Permit cards the size of a credit card for greater efficiency resulted in a deafening outcry from certain members of the public. This feature will be a natural byproduct of the automation of the Work Permit application process – which as a result of other pressing budgetary priorities remains a work in progress.

The aim was to allow Compliance Inspectors an easy means of identifying legitimate workers particularly on construction job sites. As an interim measure we have employed the technology currently at our fingertips – Blackberries. All inspectors are now issued Blackberries with the ability to readily access the work permit database, including photographs from any location. So no longer is it necessary to leave a job site where the investigation is taking place to return to the office to access information. This is now done onsite via Blackberries wherever the inspectors are.

I have reported previously on the plans by the Identity & Passport Service, an agency of the British Government charged with the production of both British Passports (issued by Overseas Territories Governments) and the United Kingdom (European Union) Passports to cease allowing Overseas Territories Governments to issue Passports. The plan is to implement this new procedure in 2012.

Without too much effort one can imagine the chaos this is likely to create in every territory. In our case the average yearly demand for passports is 7,400. However, it is anticipated that, once Bermudians become aware that the printing of passports will be moved to the UK, there will be a rush on passport applications locally. We have prepared for this eventuality by ordering an additional supply of these Passports.

As a result of recent communications from the UK Government on this subject – it has been agreed to add this as an agenda item for the Overseas Territories Consultative Council being held next month in the UK.

Recently we have seen a worldwide increase in the challenges faced by Sri Lankan nationals in securing visas to transit various countries to get to Bermuda. At considerable expense to the Bermudian tax payer we have recently had to escort several Sri Lankan nationals to their homeland as a result of refusals by both the United States and United Kingdom Governments to grant visas. As such, effective immediately no Work Permits will be approved for Sri Lankan nationals unless the applicant already holds a valid multiple re-entry visa for the USA or UK.

There are still improvements to be made in all areas of the Department but I believe we are on the right path to achieving greater progress.

Let me end this report on the Department of Immigration by thanking the Chief Immigration Officer, in her absence, Ms. Rozy Azhar and the entire team for their sterling efforts this year in improving customer service.

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