Repatriation & Mixed Status Families

Mixed Status Families Definition

A Mixed Status Family is a family where one or more parents has Bermudian Status or holds a Permanent Resident’s Certificate but their son, daughter, or spouse does not have either Bermudian Status or hold a Permanent Resident’s Certificate.

Introduction

The Bermuda Immigration and Protection Amendment Act 2020 received Royal Assent on 19 March 2020 and came into operation on 1 September 2020.  This legislation has been commonly referred to as the “Repatriation & Mixed Status Families” Bill.

The Department of Immigration is now accepting applications under this amended legislation.

In its simplest form, Repatriation & Mixed Status Families scenarios vary based upon a person’s unique family and personal circumstances.  There is no single scenario that may be used to describe all families.  Persons applying under the Repatriation & Mixed Status Families legislation may be required to submit one or more applications, depending upon their situation:

  1. Bermudian Status;

  2. Naturalization;

  3. Registry Search; and

  4. Permanent Resident Certificate. 

Scope of Legislation

If you fall into one of the following scenarios, you may be eligible to apply for Bermudian Status or a Permanent Resident Certificate under the legislative amendments:

 

Repatriation / Mixed Status Families Scenario

Solution

Scenario #1

Person born overseas to a parent who possessed Bermudian status, but was deemed not to be domiciled in Bermuda.

Persons may apply.

Scenario #2

a) Families where at least one parent qualified for Bermudian Status under 20B(2)(b) of the Act.

b) Children born after 1989 who would have been eligible to inherit status from these parents, but are no longer able to apply due to being too old.

Persons may apply.

Scenario #3

Families with at least one child who qualified for Bermudian Status under the Amendment Act 1994; however, siblings residing in Bermuda (including those in university overseas but Bermuda residents) do not qualify because they were too old or too young.

Persons may apply.

Scenario #4

a) Families with at least one member qualifying for PRC under 31A and other members gaining PRC under 31B, where those PRC 31B individuals have children resident in Bermuda, who are not eligible for Bermudian Status or PRC.

b) Spouses of PRC 31B individuals who are not eligible to apply for PRC 31B.

Persons may apply.

Eligibility

A. Bermudian Status

You can apply for Bermudian Status if:

  • You possess a Qualifying Bermudian Connection (QBC) (Section 19);
  • You have the right to Bermudian status in certain other cases (see below).

Requirements

If you possess a Qualifying Bermudian Connection (QBC), you must fulfil all the requirements below in order to apply. You must:

  • Be a Commonwealth citizen of not less than 18 years of age;
  • Have been ordinarily resident in Bermuda for a period of at least 10 years preceding the date of the application;
  • Have a qualifying Bermudian connection;
  • Be of good conduct and character.

If you are a spouse, widow, or widower of a Bermudian, in order to apply you must:

  • Be married to or be the widow or widower of a Bermudian for 10 continuous years from the date of marriage;
  • Have resided in Bermuda for seven years after the date of the marriage, the last two years must be continuous to the date of application. In calculating the remaining five years, you must do so in continuous periods of 12 months or more;
  • Be living together as husband and wife continuously for the last two years with the Bermudian spouse to the date of application or for the last six months prior to the death of the Bermudian spouse;
  • Be of good conduct and character.

In order to apply under certain other cases, you must:

  • Have been ordinarily resident in Bermuda on 31 July 1989;
  • Have been ordinarily resident in Bermuda for the period of 10 years preceding the application;
  • Be a British Dependent Territories citizen by virtue of the grant by the Governor of a certificate of naturalisation under the British Nationality and Status of Aliens Act 1914 (U.K.) or the British Nationality Act 1948 (U.K.) or the British Nationality Act 1981 (U.K.) having been approved for the grant of Bermudian status.

B. Permanent Resident Certificate

You can apply for a Permanent Resident Certificate from September 2020 through August 2022 if:

  • You are a son or daughter of a person who has PRC granted under Section 31B of the Bermuda Immigration and Protection Act 1956;
  • You are a spouse of a person who was granted PRC under Section 31B of the Bermuda Immigration and Protection Act 1956.

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 10 years preceding the date of the application;
  • Be of good conduct and character.

Application Process

You may apply under the Repatriation & Mixed Status Families legislative amendments by following the steps below:

  1. Applications must be downloaded from the website and fully completed.
  2. All supporting documents are compiled.
  3. Applicants must pay through online banking and print the transaction as proof of payment.
  4. The application, all supporting document, and proof of payment must be submitted in the drop box located at the Department of Immigration, 1st Floor Government Administration Building.

Application forms

Payment Details

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.

The banking details are:

Account Name: Department of Immigration
Bank Name: HSBC Bermuda
Account Number:
BMD – 010125243001
USD – 010125243501

Use the following methodology for providing the reference in the notes field of your online payment to ensure your payment is recorded properly:

Individual Applications: Name, DOB, application type

e.g. John Doe Jan 12 1965 status
e.g. Jane Doe Jan 12 1965 PRC

Briefing Report

For relevant background information on the issue history, problem definition, policy options considered, previous work done, and ultimately the recommendations made on this issue, please read the previously unpublished Mixed Status Briefing Report located here.

FAQs

If you have further questions, please see our Frequently Asked Questions (FAQs) located here.

Contact Us

If you have questions about the content on this page, or about Repatriation and Mixed Status Families generally, please contact us at:

Please note that we are experiencing significant call and email volumes. Therefore we may not be able to immediately respond.

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