Bermuda tightens immigration rules, moves to crack down on sham marriages

Bermuda has announced a series of immigration changes aimed at strengthening border security, cracking down on sham marriages and protecting entry-level jobs for Bermudians in the insurance and reinsurance sectors.

Minister of Economy and Labour Jason Hayward announced the measures Thursday, saying the government is seeking to strengthen the integrity of the immigration system while safeguarding employment opportunities for Bermudians.

Among the changes is an update to the Bermuda Immigration and Protection (Prohibition of Entry) Order, which determines visa requirements for certain foreign nationals.

Under the new order, nationals of Botswana, the northern part of Cyprus, Ivory Coast, Nauru, Nicaragua, Palestine and St. Lucia will be considered visa-controlled and will need a valid multi-re-entry visa issued by the United States, United Kingdom or Canada to enter Bermuda.

Indonesia and Taiwan, meanwhile, are being removed from the list of visa-controlled countries.

The changes will take effect once the new Prohibition of Entry Order is gazetted.

Hayward said Bermuda's immigration policies must account for changes to border, transit and visa requirements in the United Kingdom because of the island's reliance on international air connections through the country.

“Given Bermuda’s geographic position and the limited number of commercial air routes available to the island, the United Kingdom provides a key, flexible commercial aviation pathway,” he said.

The government is also moving to address sham marriages, which it defines as marriages entered into primarily to obtain immigration or other legal benefits without a genuine intention by the couple to establish a shared life together.

Hayward said Bermuda currently has no legal definition of a sham marriage and authorities lack the power to investigate suspicious cases, creating vulnerabilities in the immigration system.

Under a proposed policy framework, most marriage applications would continue through the normal registration process. However, the Registrar would be able to refer cases to the Department of Immigration for further investigation when there are reasonable concerns about whether a marriage is genuine.

Possible warning signs could include significant inconsistencies in information provided by the couple, irregularities in documents or evidence that money or other financial incentives were offered in exchange for the marriage.

If authorities determine that a marriage is a sham, immigration benefits obtained through the marriage could be refused, cancelled or revoked.

The government also plans to create a criminal offence for knowingly entering into or facilitating a sham marriage for the purpose of securing an immigration or legal benefit.

Meanwhile, Bermuda is expanding its Closed Job Category to protect several entry-level positions in the insurance and reinsurance industries for Bermudians.

The category will be expanded to include entry-level underwriting administration and underwriting positions, including underwriting assistants, assistant underwriters and trainee underwriters.

Entry-level insurance claims positions, such as claims assistants and claims associates, will also be included, along with entry-level brokerage positions such as broker assistants and junior brokers.

Hayward said the government consulted industry associations and clarified that its objective was to preserve entry-level opportunities for Bermudians rather than restrict the wider insurance sector.

“Many Bermudians have experienced notable success in these industries and can directly link their success to the entry-level opportunity they were provided,” he said.

The changes to the Closed and Restricted Job Categories will take effect on September 8.

“Avenues for success must remain available for Bermudians, and employment opportunities such as these must remain accessible,” Hayward said.