What other major conditions apply, how is the status obtained, and what renewal, document-validity, retention or loss rules matter?
Apply to the Minister for a PRC under section 31ZA, satisfying that section’s ordinary-residence conditions. The Immigration service requires applicants to be18 or older and of good conduct and character. Download and complete the application, pay by bank transfer/online payment, include payment confirmation and submit through the Immigration drop box at the Government Administration Building; Immigration contacts the applicant about missing items and the expected timeline once complete. Section 31AB requires $10,000, refundable if the certificate is not issued. Incorporated section 19(3)–(9) allows the Minister to determine ordinary residence and count qualifying educational absences, refuse for disqualifying convictions/character/conduct, require personal attendance and notify approval or rejection; rejection carries a Tribunal appeal right, and another application need not be considered within 12 months. A PRC gives residence/work rights rather than a stated fixed residence term. Under31D the Minister may revoke for fraud/concealment, an indictable offence in Bermuda or equivalent foreign offence, or unauthorised absence of two years or more, subject to31C exceptions. Section 31C protects specified overseas work for a wholly-owned subsidiary, branch or parent of the Bermuda employer and accompanying spouse/dependent child, including the stated education arrangement; other absences and Ministerial permission must be assessed under 31C(5)–(6). The statutory wording is “two years or more” in 31D and “more than two years” in 31C(5), so the latter is not treated as a guaranteed safe period of exactly two years.
See recorded sources
Limits of the record- The exact certificate-replacement/document-expiry procedure is not established here; expiry of a document is not equated with automatic loss of permanent status.
- https://www.bermudalaws.bm/Laws/Consolidated%20Law/1956/Bermuda%20Immigration%20and%20Protection%20Act%201956 — section31ZA complete
31ZA (1) Subject to the provisions of this section, a person may apply to the Minister
under this section for the grant of a permanent resident’s certificate if—
(a) he has been ordinarily resident in Bermuda for a period of at least 20
years; and
(b) he has been ordinarily resident in Bermuda during the two years
immediately preceding his application.
(2) For the purposes of subsection (1)(a), but subject to subsection (3)—
(a) periods of continuous ordinary residence in Bermuda of 12 months or
longer may be aggregated for the purpose of calculating 20 years of
ordinary residence; but
(b) any period of ordinary residence before 30 years immediately preceding a
person’s application shall not be taken into account.
38
BERMUDA IMMIGRATION AND PROTECTION ACT 1956
(3) For the purposes of aggregating periods of continuous residence for
calculating years of ordinary residence under subsection (2), a period of absence from
Bermuda shall not exceed four years.
(4) Section 19(3) to (9) shall have effect, subject to necessary modifications, in
relation to an application made under this section as that section has effect in relation to
an application under section 19.
[Section 31ZA inserted by 2021 : 41 s. 2 effective 1 December 2021]
- https://www3.gov.bm/online-services/permanent-residents-certificate-application — operational requirements/payment/filing
Requirements
You can apply for a Permanent Resident Certificate if you fulfil all the requirements below. You must:
Be 18 years of age or older;
Have been ordinarily resident in Bermuda for a period of at least 15 or 20 years;
Be of good conduct and character.
Online Payments Guidance
The client will complete the application(s)
Deposit or transfer fees into Immigrations HSBC bank account
Include confirmation of transfer, receipt or screen shot on mobile phone that payment has been processed.
Applications will be placed in the Immigration drop box on the First Floor of the government Administration Building.
Bank account details:
HSBC
BMD - 010125243001
USD - 010125243501
Online Reference Description: Required for all transactions
Name DOB application type
Joe Doe, 01/12/65, PRC
Fees
On application for a permanent resident's certificate under section 31A
$50,000
On application for a permanent resident's certificate under section 31B
$3,310
Permanent Resident’s Certificate under 31ZA
$10,000
Permanent Resident’s Certificate under 31ZB
$10,000
How to apply
In order to make an application for Repatriation & Mixed Status Families legislative amendments the following steps must be taken:
Visit the department of immigration website:
https://www.gov.bm/department/immigration
Identify the application of interest then select from list of processes
Applications must be downloaded from the website and fully completed.
When making payment, please note that all payments of application fees will be via online banking. The Department of Immigration will no longer accept cash or credit card payments.
eg FULL NAME, DOB, Type of Application i.e. JOHN DOE 27 MAY 1978 PRC (
View all Immigration Fees and online payment guidance
)
Make a copy of the online payment receipt and include with your application submission
A member of the Immigration Team will contact each applicant to advise if items are missing by email, once all items are submitted and the Application is deemed complete the applicant will be duly advised along with the expected timelines.
Should you have any queries regarding Permanent Resident’s Certificates,
- https://www.bermudalaws.bm/Laws/Consolidated%20Law/1956/Bermuda%20Immigration%20and%20Protection%20Act%201956 — section31AB payment and refund
31AB (1) An applicant for a permanent resident’s certificate shall pay to the
Accountant General—
(a) an amount of $50,000, where the application is made under section 31A;
(b) an amount of $10,000, where the application is made under section
31ZA or 31ZB.
(2) The amount paid under subsection (1) shall be refundable in the event the
permanent resident’s certificate is not issued.
39
BERMUDA IMMIGRATION AND PROTECTION ACT 1956
(3) The Minister may, after consultation with the Minister of Finance, by Order
subject to affirmative resolution procedure amend the amount prescribed under
subsection (1).
[Section 31AB inserted by 2011
- https://www.bermudalaws.bm/Laws/Consolidated%20Law/1956/Bermuda%20Immigration%20and%20Protection%20Act%201956 — section19(3)–(9) incorporated procedure
(3) In relation to subsection (1)—
(a) where any question arises as to a person’s ordinary residence in
Bermuda, that question shall be decided by the Minister;
(b) where an applicant under this section has been ordinarily resident in
Bermuda, and has then been absent from Bermuda for any period for the
purpose of his education outside Bermuda, the Minister may count that
period of absence as a period of ordinary residence in Bermuda if the
Minister is satisfied that, but for that period of absence, the applicant
would have in fact continued to be ordinarily resident in Bermuda;
(c) nothing in paragraph (a) or (b) shall have effect so as to preclude any
applicant from appealing to the Immigration Appeal Tribunal under
subsection (8) on the ground that the Minister came to a wrong decision
on the question whether during any material period he was or was not
ordinarily resident in Bermuda.
(4) The Minister shall not approve an application under this section if—
(a) the applicant has during the period mentioned in paragraph (b) of
subsection (1) been convicted, whether in Bermuda or elsewhere, of an
offence which, in the Minister’s opinion, shows moral turpitude on the
applicant’s part; or
(b) the applicant’s character or conduct otherwise in the Minister’s opinion
disqualifies the applicant for the grant of Bermudian status,
but otherwise the Minister shall approve the application if the requirements of this
section have been satisfied.
22
BERMUDA IMMIGRATION AND PROTECTION ACT 1956
(5) The Minister may require an applicant under this section to attend before him
in support of his application, but, unless so required, such an applicant is not entitled to
appear before the Minister.
(6) Where the Minister approves an application under this section, he shall
forward to the applicant a certificate of Bermudian status which specifies the effective
date of the grant of that status and is otherwise in a form approved by the Minister.
(7) Where the Minister rejects an application under this section, he shall inform
the applicant of the rejection and of his right to appeal to the Immigration Appeal
Tribunal under subsection (8).
(8) A person who is aggrieved by the Minister’s rejection of his application under
this section may, subject to section 124, appeal to the Immigration Appeal Tribunal
against the rejection.
(9) Where a person’s application under this section has been rejected, another
such application by him need not be considered within 12 months of the date of the
rejection.
[Section 19 substituted by 1994:23
- https://www.bermudalaws.bm/Laws/Consolidated%20Law/1956/Bermuda%20Immigration%20and%20Protection%20Act%201956 — sections31C–31D rights and revocation
31C (1) Subject to section 31D, a permanent resident has the right to reside and work
in Bermuda.
(2) The right conferred by subsection (1) is not abrogated if a permanent resident
who was working in a company in Bermuda is absent from Bermuda for any period for
the purpose of working in another country in a wholly-owned subsidiary or branch, or
the parent company, of the company which employed him in Bermuda
(3) Subsection (2) extends to the spouse and a dependent child, accompanying a
permanent resident.
(4) For the purposes of subsection (3), a dependent child who for the purpose of
his education is absent from Bermuda and resides in a country other than a country
referred to in subsection (2) shall be treated as resident with the permanent resident and
his spouse.
(5) Subsection (2) does not apply to a permanent resident, and subsection (3)
does not apply to the spouse or dependent child of a permanent resident, who, except as
provided in subsection (2) is absent from Bermuda for more than two years; and, subject
to subsection (6), for the avoidance of doubt it is hereby declared that in any such case
the provisions of section 31D shall have effect.
(6) The Minister may, where he considers it appropriate so to do, permit a
permanent resident to be absent from Bermuda for more than two years.
[Sections 31C inserted by 2002:16 s.6 effective 30 October 2002; Section 31C subsection (1) amended
by 2020 : 16 s. 2 effective 1 September 2020]
Revocation of permanent resident’s certificate
31D (1) Without prejudice to section 34 the Minister may, by order in writing served
upon a person who has been granted a permanent resident's certificate, forthwith or from
a date specified in the order, revoke the permanent resident’s certificate granted to that
person if the Minister is satisfied that—
(a) the permanent resident’s certificate was obtained by fraud, false pretence
or the concealment of a material fact;
41
BERMUDA IMMIGRATION AND PROTECTION ACT 1956
(b) the person to whom the permanent resident’s certificate is granted—
(i) is convicted of an indictable offence in Bermuda; or
(ii) is convicted of an offence outside Bermuda which if committed in
Bermuda, would have been an indictable offence; or
(iii) except as provided in section 31C (2) to (6) is absent from Bermuda
without the permission of the Minister, for a period of two years or
more,
and, thereupon, notwithstanding any other provision of this Part, that
permanent resident’s certificate shall cease to have effect forthwith or on
the day specified, as the case may be.
(2) The provisions of section 34(2), (3) and (4) shall have effect, mutatis mutandis,
to a revocation made under this section as they have effect to a revocation made under
section 34.
[Sections 31D inserted by 2002:16
