The Bermuda Government has released an information sheet, entitled "Pathways to Status", detailing the amendments to the Bermuda Immigration and Protection Act 1956 that they will be seeking to make during the upcoming legislative session in order to bring Bermuda into line with European Convention on Human Rights and other international standards.

These proposed amendments will affect eligibility for both Bermuda status and permanent residency. First, a long term resident will be eligible for Permanent Residency if:

ordinarily resident in Bermuda for 15 years, including the two years immediately prior to his or her application;

  • born in Bermuda, or arrived in Bermuda before his or her 16th birthday and have been ordinarily resident in Bermuda for 10 years upon reaching their 18th birthday, including the two years immediately prior to his or her application; or
  • he or she has a "Bermuda immediate family connection" (parent, child, sibling or spouse of a Bermudian or Permanent Residents' Certificate (PRC)) and have been ordinarily resident in Bermuda for 10 years upon reaching their 18th birthday, including the two years immediately prior to his or her application;

A Permanent Resident will be eligible for Bermuda Status if:

  • he or she has been ordinarily resident in Bermuda for 20 years;
  • he or she is a Commonwealth citizen; and
  • he or she is of good conduct and character during the relevant period of residency.

The information sheet confirms "special transitional provision" for those who will already have qualified when the amendments become operative.

Further, the proposed amendments will provide children adopted by Bermudians with status automatically, provided they are a Commonwealth citizen and were less than 12 years of age when they were adopted. At present adopted children must still apply for status after turning 18 and must have been resident for at least 5 years.

These proposed amendments reinstate the ability of long term residents who are not otherwise eligible under the Incentives for Job Makers Act 2013 to be granted PRC status and further provides a direct path from PRC to Bermudian status, separate from the section 20B "sleeping provision" route.

It remains to be seen what the final terms of these legislative amendments will be and further updates will be issued in due course.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.