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Immigration Minister defends new policy on home ownership

Date Posted: Thursday, July 26, 2007
Author: Bermuda Network News

Immigration Minister Derrick Burgess today defended a new law which outlines how Bermudians with non-Bermudians spouses can purchase property.

Speaking at a press conference to clarify some of the issues surrounding The Bermuda Immigration and Protection Amendment Act 2007, Mr Burgess said the legislation was necessary as 37 per cent of residential land is currently owned by non-Bermudians.


The law, which came into force on June 22, was introduced to crack down on ‘fronting’ whereby non-Bermudians acquire land or property through a Bermudian individual or trust.
Under the new law, Bermudians who want to buy property with their foreign spouse must now apply for a licence and all non-Bermudian spouses who already hold an interest in land will need to apply for a licence by June 2010 or dispose of the land.


Critics claim the legislation is discriminatory but Mr Burgess said it was the Government’s aim to maximise the opportunities for Bermudians to own land. In the absence of this legislation, there is nothing to stop a Bermudian who marries a wealthy non-Bermudian from acquiring as many properties as he or she likes to the detriment of Bermudians without access to such riches, and this is simply unacceptable to this Government.”

One of the criticisms of the law has been the length of time it takes to process a licence, with some lawyers claiming it could take up to six months. However, Mr Burgess said the Department of Immigration was working to reduce the waiting time to four working weeks. He said the most likely cause of delays was the applicants’ failure to fill in the paperwork correctly.

Chief Immigration Officer Dr Martin Brewer was also at the press conference and clarified the situation regarding money given by non-Bermudians to Bermudian children or grandchildren to help them buy a home. Dr Brewer said the department had taken on board criticism that the law was too harsh and that gifts were now allowed providing permission.