Man Charged: Overstaying Immigration
Robert Barnett, a 29-year-old Jamaican national this morning [Nov.30] pleaded not guilty to a charge of overstaying his twenty-one day Bermuda Immigration visa permission to stay in Bermuda.
The charge was that he had arrived in Bermuda in September 2007 and his visa permission ran out on 16th October 2007. It was alleged that Barnett had the remained in Bermuda since then, until he was accosted in a routine Police check in November 2011. Police follow-up turned up the fact that Mr Barnett did not have Immigration permission to reside or work in Bermuda.
Senior Magistrate Archie Warner said that this charge invoked matters involving Bermuda’s Constitution and the acquisition of rights through the operation of the rules of natural justice.
The Magistrate suggested that in handling this particular case and determining matters of bail, he would have to consider all the circumstances; one of which was that over the intervening four years, Mr Barnett might have acquired the rights of a ‘belonger’ by establishing close human ties to Bermuda.
Having heard submissions from DPP Prosecutor Susan Mulligan and Duty Counsel Kendrick James; the Senior Magistrate granted bail of $2,000 with one Surety and imposed three bail conditions.
One, that Barnett must reside at #5 Uphill, Tribe Road #1, Pembroke; said to be the residence that he shares with the mother of his 13 month-old child. Two, that he reports between 6:00 am and 6:00 pm every Monday, to the Immigration Department. Three, that he surrenders all his travel documents.
Trial was set for 29th February 2012.
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so 1) this guy clearly is not gainfully employed legally in Bermuda as he never had the work permit and 2) he shacked up a Bermudian woman out of wedlock…
statistically, we all know how this is going to end… single mother in less than 5 years.
What I would ask the Immigration Department to do is find out where he has been working illegally. I think it is fair to assume that he couldn’t be here that long without working, ILLEGALLY. That company should be fined heavily for not paying payroll taxes, having workers without permits etc…. Chances are these same people and companies are doing the same for other illegal immigrants.
Someone at immigration…do your job, investigate. There is a bigger story here that needs your attention!
With all the legal double-speak and obsfucation, what we are doing us showing people how to come here dishonestly and get away with it. Why was he not incarcerated immediately, and then deported on the first plane leaving Bermuda? Because he has a girlfriend? Because he has a child? Because he managed to elude Immigration and BPS for 4 years? How is it, on this small island, Immigration cannot seem to find these folks in a more timely fashion?
WHAT? Is this for real! He has been here illigally for 3 – 4 years – and we are letting him stay because after being here illegally for 1 year he got a Bermudian Pregnant! I can’t believe this!
Haha this is funny, why would they mske him surrender his travel docs?
Surely they want him to leave!
This man should be on the next plane out, what right does he have to stay here. He has overstayed his time, time to go home.
He should’ve been deported immediately!
Last i checked there was nothing but wild hogs on this island. Unless Bermudians elvoled from wild hogs we all should be on the next plane leaving. Not saying what he did was right. But 402 years and a few months ago there was no one on this rock. Its not like what the British (now Americans) did just push natives to reserves to killed them. So before you splatter your hate just remember where you came from a$$holes!
I know exactly where I came from. DO YOU? How dare you call others Aholes because they are trying to preserve what little jobs are left for Bermudians. Maybe we all weren’t here since the dawn of time but there are people who have decedents that worked blood, sweat & tears for generations to make this island what it is. Slaves were brought to Bermuda since the beginning of its colonization just like the hogs you mentioned. They were forced to work this island and after they were set free others were brought here & subjected to ill treatment & slave wages. These people made Bermuda & there decedents are as Bermudian as the hogs on our penny. This means they deserve to be here not this idiot.
Now this robby come lately has a under the table job where he doesn’t pay social insurance or payroll tax and you want to defend him. Further more he’s gotten some dumb fool pregnant so that she will have a illegitimate child who grows up without a father figure and will most likely be adopted by one of the gangs. He is using this girl a his Bermudian passport and you think he should be given a break. wtf your the one who should take a break you proctologist dream.
@wtf- I’m guessing you’re either a Jamaican national or you know/are related to the suspect.
Send him out on the next thing flying. End of story.
I think the woman who was harboring him should be held accountable too…
He has a right to raise his son and his son a right to have his father support him in all ways that is needed. You need to read. As the father of this Bermudian child, he has parental rights to reside and work to support this child until the child is 22 years of age!
Know the law!
Barb
So you are effectively saying that anyone can come here, illegally, impregnate a Bermudian, and thereby stay for 22 years in order to pay support? I don’t know about you, but this is just plain wrong. So, the trick is to get here and get busy right away. And by “busy”, I mean finding a gullible, lonely Bermudian woman. Come on Immigration, get tougher with this issue.
I agree! And likewise, the migrant female worker, finding that lonely, much older man, and does the same thing. Throws him a few favors, he gets excited because she is young enough to be his daughter, she gets pregnant and voila!
Hmmmmmm and what if the ‘illegal’ were a woman? Would SHE have the right to remain in Bermuda as mother to her child, with the Bermudian father…..?
He doesn’t care about his child cause if he did he would have married this girl. Sadly this child will become another statistic. His child is just a thing to him that he is using as leverage & it seems to be working. People like him should be castrated and save the world a lot of grief.
Then he should have married her! Plain and simple! Circumventing the system is what he did and so did she. Was anyone thinking of how this story will end; were they thinking of their child than. How was he honestly going to support his child if he is here illegally? Ignorance is bliss! SMDH
he would have left when he was supposed to would he have a child?? NOOOO…He needs to face the consequences of his actions and be deported. His child will have to either go visit him or see him via Skype…
Sounds like a Jamaican 6 step plan for long term residency.
1) Meet a gullible Bermudian woman on the Interwebs or over the Wifys
2) Chat her up nice with longing and loving words over email and Skype
3) Obtain visa to visit her in Bermuda
4) Child her up quick with that Blue Mountain rhythm and soul
5) Hide out while taking extra care that the little one comes full term
6) 22 years in Bermuda
hummm ….
7) ?Rinse and repeat?
Ride
So if an expat loves it here and wants to stay they either marry a Bermudian or have a child for a Bermudian and they get a ‘free’ pass until the child is 22? Does that apply to male and female, no exceptions, that’s the way it is?
He pleaded not guilty to a charge of overstaying his 21 day Immigration visa. He overstayed FACT. So he also lies to tbe court. Kick him out now.
You people are retarded, so heartless! Don’t know whats wrong with this island…. Poor guy
Yeah let us allow everyone to stay here as long as they want…..
Tuba I think what Liars is trying to say is he wants Bermuda to become like Jamaica mon. We’re kids ovapoplate de streetz wit nah shoe on dah feet und notting ta eat.
Ok so once again another foreign national, has come here dropped his seed and is seeking reprieve… Pure madness, they need to make him take a test to make sure the child is his and still make him leave. Its bad enough we as Bermudians cannot find work and some think he needs to stay to raise and support his child, don’t think so. We as Bermudaians need work to support our children as well. Ship Him OUT!!!
send the girlfriend (that knowingly helped to hide him) and their child and send them out with him to Jamaica. Can she not go there? If she was found to be in Jamaica and working illegally for four years and with child with this man would their government let them stay. I’m asking?
They clearly broke the law…tough. We can not keep rewarding criminals because they have fathered a child. Sounds cruel but if she loves him, she should follow her man to Jamaica. There are many great opportunities there.
send his tail back,and take his woman and child with him…if its real love she will go with him…
I am regularly disappointed at how we run our affairs in this country. We seem an incompetent bunch!
Dude needs to be hustled outta here pronto . As for being retarded and heartless … I don’t think so , just a tad bit protectionist . You can’t go to Jamaica and disregard the law .
To “Are you Kidding Me? (Barb)”: Are you kidding us? This guy has been working illegally (somewhere) since his permit expired! In other words, he did NOT have permission to reside OR seek permission to work! He broke the law and therefore, must pay the consequences! Hopefully, someone, somewhere will have the guts to report where he was working and that person should have all their permits revoked (if they have any at all)! His girlfriend should be charged for harboring him! He shouldnt remain here – he should be deported immediately! He doesn’t care about his child, if in fact, it IS his!
Like there are no illegal Bermudians living anywhere in the world oh please! My people we are always so quick to act like we are all so perfect and the rest of the world are beneath us. BTW I am in no way condoning what this guy has done.
If there are Bermudians living illegally elsewhere, then they should be deported from that place when caught.
I agree! If you are not paying into a system but continuously taking from it..it will break down and the other tax payers must pay the extra. just like we are paying for court time, immigration officers time, police etc…. Fine him heavy before sending him packing. Im tired of paying the bills for those that try hard to beat the system. My father died of cancer when I was very young, and I had no father figure. I turned out okay. This kid can Skype and visit has dad. He will be okay.
Those Bermudians that are living and working illegally, (and I know one personally living in the US) should be fined, jailed, stripped of their assets obtained with money earned by working illegally, and then exported with all travel documents surrendered permanently. If I knew where he was living I would report him, because he is taking someones job, not paying taxes as he should, and living their country illegally. He didn’t come home for his own mothers funeral because if he left he would not be able to go back! When he and the others get caught they make us look bad! He had the choice to apply to work and live in the US but decided to beat the system. Will I feel sorry for him when h is caught…nope!
@Are you kidding me? & Liars,
WHAT is wrong with US? The question should be what is wrong with you and your thinking!!! Tell me HOW on God’s green earth should this man have the “right to raise his son and his son a right to have his father support him in all ways that is needed” when he arrived in Bermuda in 2007 AS A VISITOR and has remained here ILLEGALLY ever since?? Tell me WAHT part of the world would YOU be allowed to go to as a visitor, overstay your visit by 4 years, have a child with a native of that country within that timeframe then get caught and be afforded the opportunity of a damn trial? NOWHERE , so WHY THE HELL should this man be afforded those privileges here when he NEVER had the proper permission to be here from the get go???? Had he been here lawfully then i MIGHT be able to agree with you but he HASNT been here lawfully!!!
@Liars: If there’s anyone that is retarded its you!! Explain the rational behind your comments polease, both of you because maybe i’m missing something here!
This kind of thing happens in the U.K all the time its called human rights!!!!!!!!!!!!!!
This is true but if you check the U.K. news and notice where the criminal element stems from its most likely the same people that were giving these sort of human rights!!!!!!!!!!!!!!
Send him blood cl%$d home & the guy that stole de cell phone!!!!!!
So if someone robbed a bank and 2 years later, had a baby. Used the money, to raise the child and 4 years after the robbery got caught. Would that person and the mother of the child, knowing of the illegal act, be allowed to walk around free?
Why take away his travel documents? Let him …
All of you people making these raw comments about this man and his woman but what you all forget is that Bermudians are illegal in other people country also they are not perfect. I do not say what this man did was right but he should know by now what is the law here. I know of a Bermudian who is living in Jamaica illegally in Jamaica right now and there is more. I ask this question over and over cannot get the answer, Who give us the right to claim Gods land and ristricting people movement on it, this is not our land when we all died what will happen can we take it with us. THE END IS WILL SOON BE HERE.
SEND’IM PACKIN’ AND CRACKIN’!!!!!!!!!!!!!!!!!!!!!
I’m sure this is not the only illegal in Bermuda. There are plenty more and employers are helping them. Bermuda customs and immigration need to work together to get rid of this problem. Employers get foreigners to come in as tourist and employ them. Post job positions & then turn down all Bermudian applicants while they have a illegal already working this position without having to pay government taxes for them. Then apply to immigration for the foreign worker’s permit who has been working all along. They convince immigration that there was no Bermudian qualified or willing to work so they need this permit. Immigration is none the wiser that this person has been here for months maybe even years working already.
Lower bail amount, raise possible time in jail and hefty fine, allow to keep travel documents and then we’ll see his commitment to remain in BDA. He’ll be on the next thing smoking.
Mr. Barnett might have acquired the rights of a ‘belonger’ by establishing close human ties to Bermuda. Some-one explain this one to me. Hide out illegally for 4 years and you qualify to stay under the rights of a “BELONGER”.
What trash……. Are you serious??? This exists??????
My spell check does not even identify Belonger as a word….
Bermudians are so perfect it seem’s like they do no crime, it all cover under the RUG.
All your comments seem biased. I am starting to think that you’re either a foreign national here illegally or you know or are married to one. This man has ZERO right to stay here in my opinion. I do not care if he has a child here or not. In this day and age, it is very easy to stay in touch with someone over long distances. I hope immigration does the right/smart thing and sends this guy (who is CLEARLY violating the law) packing.
The people defending this man are clearing speaking from an emotional point and not a legal one. This man broke the law, pure and simple! What is there to defend in that? You may say that Bermudians are living illegally in other parts of the world, but Bermuda is just too small for that. The reason Bermuda is in the state that it is stems from people like you who defend people that do wrong. Laws are in place for a reason, and if we allowed people to just do what they want there would be pure chaos. I would bet you’re one of the first people to grumble and complain about Government not doing enough for its people, but that money comes from TAXES which this deadbeat clearly WAS NOT PAYING!!!
Thank you for your comment!!! I agree 100%. Times have definitely changed. People now tend to support wrong over right time and time again.SMDH
Where is this judge from origanally anyway?
Mr. Warner is from Barbados.
Question who said she knew he was here illegally and secondly how long has she been with him. It doesn’t take long to get pregnant. I just asking.