Long-term residents: What’s in the new deal?

By Andrew Clarke

(News from 2000-08-30 Edition)

With the long-awaited Green Paper now under discussion, we asked Paula Cox to help clarify the options and offer some hints on where Government’s priorities may lie PAULA Cox says the discussion paper on long-term residents provides the broadest possible array of positions that could be taken on the issue. Asked to help interpret the document, the home affairs minister is deliberately non-committal on specifics, for fear of skewing public debate.

She encouraged the public to write to her ministry with their thoughts and concerns, and said a series of open forums were planned for September. Ms. Cox promised that people’s views would be seriously considered and officially entered into the public record. Minutes will be taken at public meetings, and letters will be added to the sum of material used by Government in determining its final position. What is the difference between a Working Residents’ Visa and a Permanent Residents’ Certificate?

The Working Residents’ Certificate (WRC) was put into place by the former government as an interim measure until a final position is taken [on long-term residents]. It acknowledges those people who have been working in Bermuda for a period and who have been applying [for status] over the last year. The Permanent Residents’ Certificate (PRC) is one of the possible outcomes that [would] recognize those people who have been here for some time...

...The WRC only takes into account those people who are working. One of the Green Paper’s options is acknowledging those who don’t work [outside the home] - and suggests that they too should receive some sort of security of tenure. People who arrived in Bermuda before August 1, 1989, were able to apply for Bermudian status prior to the moratorium on further status being implemented. The impression given was that people who fall into this category would be treated favourably and be granted status. Why is Government not prepared to relax the Bermudian status law to allow all those who arrived in Bermuda prior to this date, to obtain Bermudian status?

...The maximum possible concession would be to offer full status to these residents. It is not the preferred option of the Government. But it is only fair that it is one [option] that goes to the public for consideration. How will Government go about assessing the full impact that long-term residents will have on Bermuda? What criteria will be used? Some of the types of factors we consider (and it’s by no means a definitive list) come from the Immigration Act itself in assessing applicants: The character of the applicant; the existing and likely economic situation in Bermuda; the protection of local interests; and, the general requirements of the community as a whole.

But up until this point we have been operating in a vacuum - using outdated census information, for example. Soon we will have the results of Census 2000 and manpower statistics to be better able to assess the impact of granting some form of residents’ status in such areas as housing and jobs. Giving more people residents’ status doesn’t immediately raise concern though, because these people are already here and their impact is already being felt. Putting aside the on-going discussion of the 60/40 ownership laws, would a long-term resident who was granted some form of residency status be permitted to partner in a business without immigration approval?

Until there is a change in the law, [those who receive some form of] permanent residency will still be subject to the 60/40 ownership laws. The whole point of the 60/40 rules being relaxed is so that we don’t have this differentiation between nationals and non-nationals. If [the law] is not relaxed, [long-term] residents will be subject like any one else to the laws of the land. Some have argued that allowing long-term residents the right to purchase any property, regardless of ARV value, might free-up valuable rental units for Bermudians. What negative impact does the Government foresee if restrictions on purchasing real estate by long-term residents were lifted completely?

What I will stick to is one of the options [in the Green Paper] that is a qualified restriction saying that [a long-term resident] would be able to purchase housing in the top 20 per cent [of the market]; and also... designated condominiums.

We have to be mindful of the impact on Bermudians of allowing [long-term residents] unfettered access to all housing. But also remember that there has to be some quid-pro-quo. We can’t say that we are going to give people some benefits, and then not also give them [some] with their housing also. It’s also a balancing act so that it won’t be detrimental to the interests of Bermudians. So we are not giving [long-term residents] total unrestricted access, but we are qualifying it. How difficult is it to strike a balance between giving security to long-term residents and protecting the quality of life for Bermudians?

... There are various studies being done traffic, housing and so on, which we can put together with the Census 2000 and manpower survey information. In terms of whether we have a ‘magic bullet’ formula that says [Bermuda] can absorb ‘x’ amount of [long-term residents] I do not have that information. I don’t have a magic number right now. Is it fair to say that Government will always err on the side of quality of life for Bermudians? Clearly, the Government has a responsibility to take care of its own people. Alex Scott has suggested a Green Card system of providing security of employment and residency for long- term residents, stopping short of advocating full citizenship. What is your view?

... For Bermuda, we do not need to get as fancy [as the U.S. Green Card system] with all its bells and whistles. We only have basically two nationalities it is not the same melting pot as the U.S. And our issues can be distilled into a simpler format. We are open to considering this option, but we don’t feel that it is the best option for Bermuda. We have to tailor-make any system to Bermuda. ...We already grant status at a rate that is 10-15 times more per capita than the U.K. Our statutory status grants already have a significant impact on [Bermuda].

Critics suggest that stopping short of granting full status to long-term residents will in effect create second class citizens. How does the Government defend this position given CURE and the fact that the PLP has always stood for eradicating discrimination and for a classless society? It is not status that we are talking about [with regard to long-term residents] so we can’t talk about ‘citizens’ per se. Rather, we are proposing enhancing rights for long-term residents, as opposed to stripping them of rights. Is there a danger of creating disincentives for different cultures to integrate on the island, if long-term residents are not granted full status? Could Bermuda’s cultural vibrancy be eroded by tight status controls?

If one takes the view that we are already culturally diverse, then the discretionary and arguably elitist manner in which status has been granted up until now has actually restricted different cultures from taking hold. What we are trying to do is give people a framework and a number of options from which to proceed. It is not going to be some sort of arbitrary, capricious rule of the minister, in giving people some sort of preferred status. Some feel there ought to be tighter controls placed upon long-tem residency; they fear their quality of life will suffer if too many ‘foreigners’ are allowed to stay permanently. What is your response? Immigration policy has to try to deal with not just the employment situation and work permits, but a basic issue of international human rights as well. Is it right to not allow people who have been here for some time not to have the potential to stay?

We are going to have to tread very lightly and realize that we can’t look at these things in a vacuum. There are costs, infrastructure, and economic considerations that have to be born in mind. ... Whatever decision we make we are going to have to live with. And we can’t very well turn around and arbitrarily tell people they can’t get [what was promised] after saying to them that they would. In a sense we have already nailed our sail to the mast. We are saying up-front that we have a concern for democracy, but qualifying it by saying that we don’t have a definitive answer yet. I wish I could give you [one] and say this is what we are going to do but I don’t know the answer right now.

How would you respond to people who say that the Government cannot possibly please everybody and should just make a decision on the future of long-term residents? That is why we have a White Paper to follow up the broad discussions of the Green Paper. In a sense, this is a shopping list of possible options from which a final position will be taken. Government will not shirk from setting out its position in the White Paper that is to come.