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Permanent Resident's Certificate - Family of PRC Holder

BermudaFamily

Explore the five recorded questions, answers and sources for this pathway.

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Which family relationships qualify?

Persons who obtained a Permanent Resident Certificate (PRC) from the Minister under section 31A of the Bermuda Immigration and Protection Act 1956 can pass it to their children (2nd Generation) by means of section 31B.

See recorded sources
Limits of the record
  • The document is a July 2021 Ministry of Labour policy position paper ('Securing Permanency for Long-Term Residents'), not the granting policy or the Act itself.
  • The captured text is a two-column PDF; the slice contains interleaved text from the adjacent column.
  • chars 12138-12398
    16. Persons who obtained PRC under section 31A of PRC to children born to 2nd Generation PRC are able to pass that PRC on to their children holders who have been ordinarily resident in (2nd Generation) by means of section 31B.

Who may sponsor or bring the family member, and what immigration/citizenship status must that person hold?

Section 31B covers a son or daughter of a PRC holder, except where that parent obtained the certificate by reason of their own parent receiving one under section 31B; it also covers the spouse of a PRC holder where that spouse does not otherwise qualify for a PRC or Bermudian status. The applicant must be at least 18 and have at least 10 qualifying years of ordinary residence before applying. Residence counts no earlier than establishment of the relevant child/spouse relationship; continuous periods of 12 months or more may be aggregated, but periods before the preceding 20 years do not count. The statute does not confer a general PRC entitlement on other relatives.

See recorded sources
  • https://www.bermudalaws.bm/Laws/Consolidated%20Law/1956/Bermuda%20Immigration%20and%20Protection%20Act%201956 — section31B complete
    31B (1) Subject to the provisions of this section, a person referred to in subsection (2) may apply to the Minister under this section for the grant of a permanent resident’s certificate if— (a) he is at least eighteen years of age; and (b) subject to subsection (3), he has been ordinarily resident in Bermuda for a period of at least ten years preceding his application. (c) [Repealed by 2021 : 41 s. 4] (2) The person referred to in subsection (1) is— (a) the son or daughter of a person (other than an excepted person) who has been granted a permanent resident’s certificate; or (b) the spouse of a person who has been granted a permanent resident’s certificate, where that spouse does not qualify for such grant or for the grant of Bermudian status. (2A) In subsection (2)(a), an “excepted person” means a person who has been granted a permanent resident’s certificate by reason of his parent being granted one under this section. (3) For the purpose of calculating the ten-year period referred to in subsection (1) (b)— (a) ordinary residence shall be calculated from not earlier than when the relationship of son or daughter, or spouse, is established under subsection (2)(a) or (2)(b) as the case may be; (b) periods of ordinary residence may be aggregated, but only continuous periods of 12 months or more; and (c) any period of ordinary residence before 20 years immediately preceding the application shall not be taken into account. (4) Subsections (3) to (9) of Section 19 shall, mutatis mutandis, apply to a person making application for a permanent resident’s certificate under this section as it applies to a person making application for Bermudian status under that section. (5) [Repealed by 2020 : 16 s. 8] (6) [Repealed by 2021 : 41 s. 4] 40 BERMUDA IMMIGRATION AND PROTECTION ACT 1956 (7) [Deleted by 2002:36] (8) [Deleted by 2002:36] (9) [Repealed by 2021 : 41 s. 4] (10) Except as provided in this section, nothing contained in this section shall be construed as conferring on a person who is related to another person who has been granted a permanent resident’s certificate under this section any right to apply for, or be granted, such a certificate. [Sections 31B inserted by 2002:16 s.6 effective 30 October 2002; subsections (7) and (8) deleted by 2002:36 Sch para 3(g) effective 19 January 2004; Section 31B amended by 2020 : 16 s. 8 effective 1 September 2020; Section 31B amended by 2021 : 41 s. 4 effective 1 December 2021]

What is important for proving marriage, partnership, parentage, custody, dependency or another qualifying relationship?

The checked official sources did not provide enough route-specific evidence to confirm the evidence needed to prove the family relationship.

See recorded sources
Limits of the record
  • Li a captura inteira ('Securing Permanency for Long-Term Residents', Julho 2021). E um documento de proposta de politica: nao exige nem descreve qualquer documento de prova de filiacao, adopcao, tutela ou dependencia. O que estava aqui eram as taxas de candidatura, que a auditoria mandou para r5. Nao ha outra fonte oficial capturada para esta via.

What important financial, accommodation, insurance or maintenance responsibilities apply?

The checked official sources did not provide enough route-specific evidence to confirm the financial, accommodation, insurance or maintenance requirements.

See recorded sources
Limits of the record
  • Li a captura inteira. O documento nao impoe qualquer obrigacao de sustento, alojamento, seguro ou manutencao ao familiar de um titular de PRC; as unicas quantias que refere sao taxas de candidatura. O valor que estava aqui (direitos do titular de PRC) foi para r5 por indicacao da auditoria.

How does the application work at a high level, what rights does the family member receive, how long does the status last, and how can it become independent or longer-term where officially stated?

A non-Bermudian with a PRC is granted certain concessions, most notably the right to reside and work in Bermuda and to acquire Bermuda property with a lower Annual Rental Value than would otherwise apply to a person without a PRC, but a PRC is not the same as Bermudian Status and PRC holders have no right to vote. The official source does not state the application process, how long the certificate lasts or a path to Bermudian Status.

See recorded sources
Limits of the record
  • The paper records an application fee of $3,150 for children and spouses of PRC holders under section 31B of BIPA and proposes a fee of $3,150 for 3rd Generation long-term residents born to a PRC holder.
  • The paper states no term, expiry, renewal requirement, document-validity rule or route from PRC to Bermudian Status.
  • The capture is a two-column PDF whose columns are interleaved in the extracted text.
  • chars 8647-9731
    11. While not the same as possessing Bermudian Status (i.e., they have no right to vote, etc.), the i. Persons who were born or arrived in non‐Bermudian with a PRC is granted certain Bermuda at an early age, and have been concessions. Most notably, the holder of a PRC ordinarily resident in Bermuda; has the right to reside and work in Bermuda and ii. Long-term residents seeking to remain in to acquire Bermuda property with a lower Annual Bermuda and who continue to contribute Rental Value (ARV) than would otherwise be to the Bermuda community; applicable in the case of a person who does not iii. A divorced parent of a Bermudian child; possess a PRC.

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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