GOVERNMENT OF BERMUDA Ministry of Labour and Immigration Department of Immigration Bermudian Status Application Form

Transcription

1 GOVERNMENT OF BERMUDA Ministry of Labour and Immigration Department of Immigration Bermudian Status Application Form Form BSA04 This form serves to provide information about people who are making application for the grant of Bermudian status under the following sections of the Bermuda Immigration and Protection Act, 1956 ( The 1956 Act ). Section 19, a person possessing a Qualifying Bermudian Connection (QBC); 19A, a spouse, widow or widower of a Bermudian; 20, a child, wife or widow deemed to possess Bermudian status; 20A, a long term resident child; 20D, a person with siblings, all of whom possess Bermudian status; 20E, a parent, resident in Bermuda since before August 1969, of a child or children who possess Bermudian status; 20F, a person registered in the Parliamentary register on May 1st 1976 and October 31st 2002; and 21, the grant of a certificate of confirmation of Bermudian status. This form also serves to provide information about people who are making application under subsection (2) of section 5 of the Bermudian Status by Birth or Grant Register Act 1992, ( The 1992 Act ). The qualifications for application under each section of the 1956 Act and the 1992 Act are listed on the following page. Please read them carefully and check the box below for the Section of the Act under which you are applying. You should also refer to the checklist at the back of this form which details additional documents required to process this application. APPLICANT S SURNAME ALL OTHER NAMES SECTION 5(2): Status and Naturalisation I WISH TO APPLY UNDER SECTION 5(2) SECTION 20E: Parent of a Bermudian I WISH TO APPLY UNDER SECTION 20E SECTION 19: Person possessing a Qualifying Bermudian Connection I WISH TO APPLY UNDER SECTION 19 SECTION 20F: Registered on the Parliamentary register I WISH TO APPLY UNDER SECTION 20F SECTION 19A: A Spouse, Widow or Widower of a Bermudian I WISH TO APPLY UNDER SECTION 19A SECTION 20: A deemed Child, Wife or Widow I WISH TO APPLY UNDER SECTION 20 SECTION 20A: A long term resident Child I WISH TO APPLY UNDER SECTION 20A SECTION 21: Certificate of Confirmation of Bermudian status I WISH TO APPLY UNDER SECTION 21 Naturalisation (Adult) or Registration (Child) NATURALISATION OR REGISTRATION General Enquiries I AM MAKING A GENERAL ENQUIRY SECTION 20D: A Sibling of a Bermudian I WISH TO APPLY UNDER SECTION 20D PLEASE REFER TO THE TABLES AT THE BACK OF THIS FORM (SECTION 11) TO DETERMINE WHICH SECTIONS TO COMPLETE 1

2 REQUIREMENTS FOR APPLICANTS APPLYING UNDER SECTION 5(2): Status by birth or grant register You must fulfil the following requirement in order to apply under this section: a) Have been born in Bermuda to a parent who is listed on the Register of Bermudians and who was Bermudian at the time of your birth APPLYING UNDER SECTION 19: Person possessing a Qualifying Bermudian Connection You must fulfil all the requirements below in order to apply under this section: a) Be eighteen years of age or older b) Have been ordinarily resident in Bermuda for ten continuous years immediately preceding the date of the application c) Have a qualifying Bermudian connection d) Be of good conduct and character APPLYING UNDER SECTION 19A: A Spouse, Widow or Widower of a Bermudian You must fulfil all the requirements below in order to apply under this section: a) Be married to or be the widow or widower of a Bermudian for ten continuous years from the date of marriage b) 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 twelve months or more c) 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 d) Be of good conduct and character APPLYING UNDER SECTION 20: A deemed Child, Wife or Widow of a Bermudian You must fulfil all the requirements below in order to apply under this section: a) Have reached the age of eighteen years but be under the age of twenty two years (Deemed Child) b) Have been ordinarily resident in Bermuda continuously for the period of five years immediately preceding the application (Deemed Child) c) Have for the five years immediately preceding the application been deemed to possess and enjoy Bermudian status by virtue of section 16(2) of the 1956 Act (Deemed Child, Wife or Widow), or of sections 4(2), 7 or 8 of the Bermuda Immigration and Protection Amendment Act 1980 APPLYING UNDER SECTION 20A: A long term resident Child You must fulfil all the requirements below in order to apply under this section: a) Have been born in Bermuda or arrived in Bermuda before your sixth birthday b) Be not less than eighteen years of age c) Have been ordinarily resident in Bermuda on 31 July 1989 and 13 July 1994 d) Have been ordinarily resident in Bermuda for ten continuous years up to the date of the application e) Must make application prior to 1 August 2008 f) Be of good conduct and character APPLYING UNDER SECTION 20D: Person with Sibling(s) possessing Bermudian status You must fulfil the following requirements in order to apply under this section: a) You were ordinarily resident in Bermuda on or before 31 July 1989 b) You were ordinarily resident in Bermuda for a period of twenty years immediately preceding this application c) You are making this application before 1 August 2010 You have sibling(s), all of whom possess Bermudian status A sibling is someone who, in relation to you, is: a) A brother or sister born within the same marriage b) A step-brother or step-sister born within another marriage c) An adopted brother or sister adopted by either or both of your parents d) A brother or sister born out of wedlock e) A half-brother or sister born out of wedlock 2

3 REQUIREMENTS FOR APPLICANTS APPLYING UNDER SECTION 20E: Parent of Bermudian Child(ren) You must fulfil the following requirements in order to apply under this section: a) You were ordinarily resident in Bermuda since before 1 August 1969 b) You were ordinarily resident in Bermuda for a period of twenty years immediately preceding this application c) You are making this application before 1 August 2010 You are the parent of a child who, or children each of whom possesses Bermudian status A child is some one who, in relation to you, is: a) A child born within your marriage b) A step-child born within an earlier marriage of your spouse or former spouse c) A child who has been adopted by you in a manner recognised by law d) A child born out of wedlock APPLYING UNDER SECTION 20F: Registered Voter You must fulfil the following requirements in order to apply under this section: a) You were ordinarily resident in Bermuda on or before 31 July 1989 b) You were ordinarily resident in Bermuda for a period of twenty years immediately preceding this application c) You are making this application before 1 August 2010 d) You were registered in the parliamentary register on 1 May 1976 and 31 October 2002 APPLYING UNDER SECTION 21: Certificate of Confirmation of Bermudian status Submit the following: a) A copy of the letter from the Department of Immigration confirming your Bermudian status b) The appropriate Government fee c) An appropriate covering letter Naturalisation Any person who is not a Commonwealth citizen must be naturalised as a British Overseas Territories Citizen in order to acquire Bermudian status. Those persons who are Commonwealth citizens applying for Bermudian status ONLY, should note that the acquisition of Bermudian status in itself does not confer British nationality General Enquiry People enquiring whether they have, or may be entitled to, Bermudian status should complete this form in order to provide as much information to the Department of Immigration as possible. This will enable the Department to make a recommendation as to your best course of action REQUIRED FOR ALL APPLICANTS I have read and understood the requirements of the section under which I am applying. SIGNATURE OF APPLICANT DATE 3

4 1 Personal Details Surname/Family name First name Middle name(s) Family name at birth Street address in Bermuda Age Sex Date of Birth Postal address (if different from above) Telephone numbers (Home) NOTE: Please inform the Department of Immigration in writing of any change of address or phone number which occurs while this application is being processed (Work) Nationality Details Your nationality at birth Your present nationality Are there any restrictions on your right to return to NO YES your country of origin If YES, please state what these restrictions are Marital status Employment Are you Single Divorced Widowed Job title Married and Living Living Legally together apart separated Employer, with address and phone number Convictions Have you ever been convicted in a court of law on any criminal or civil proceedings If YES, please state: When Where Nature of offence NO YES Sentence 4 You may add to your response on a NO YES separate sheet - is another sheet attached

5 2 Residence Date of arrival in Bermuda Since your arrival in Bermuda, have you lived abroad for more than two months YES NO If YES, please give details of each residence abroad: Country Reason for residence, for example periods Employer Period of residence of residence of employment or education or School (Month/Year to Month/Year) Please provide supporting documentation from place of employment or educational establishment 5

6 3 Details of Spouse / Widow / Widower If not applicable, please write NONE through this section Surname/Family name All other names Maiden name (if applicable) Age Sex Date of Birth Nationality at birth Present Nationality (if different from above) Date and place of marriage Date marriage ended (if applicable Is your spouse currently residing in Bermuda Does your spouse possess Bermudian status Does your spouse possess a Permanent Resident's Certificate Is your spouse employed in Bermuda If YES, please give occupation and employer YES NO Reason (death divorce etc) YES NO Certificate Number YES NO Certificate Number YES NO Have your spouse or dependent children ever been convicted in a court of law on any criminal or civil proceedings If YES, provide details on a separate sheet and attach it to this form - is a sheet attached NOTE: A Police Certificate will be accepted as a satisfactory response to this requirement NO NO YES YES 6

7 4 Details of Children How many MINOR children do you have (under 18 years old) ADULT children (over 18 years old) Please provide information about ALL CHILDREN Include Certified copies of Birth Certificates (long form), giving the parents' names Child 1 Name Sex Date of Birth Nationality Was the child born in Present Marriage Previous Marriage Other Does the child possess Bermudian status NO YES Certificate # Child 2 Name Sex Date of Birth Nationality Was the child born in Present Marriage Previous Marriage Other Does the child possess Bermudian status NO YES Certificate # Child 3 Name Sex Date of Birth Nationality Was the child born in Present Marriage Previous Marriage Other Does the child possess Bermudian status NO YES Certificate # Child 4 Name Sex Date of Birth Nationality Was the child born in Present Marriage Previous Marriage Other Does the child possess Bermudian status NO YES Certificate # To add information for additional children, copy this page and attach to the form 7

8 5 Details of Sibling(s) SIBLING 1 Surname All other names Nationality at birth Age Sex Date of Birth Present Nationality (if different) Does sibling possess Bermudian status NO YES Certificate # SIBLING 2 Surname All other names Nationality at birth Age Sex Date of Birth Present Nationality (if different) Does sibling possess Bermudian status NO YES Certificate # SIBLING 3 Surname All other names Nationality at birth Age Sex Date of Birth Present Nationality (if different) Does sibling possess Bermudian status NO YES Certificate # To add information for additional siblings, copy this page and attach to the form 8

9 6 Details of Parents FATHER'S Surname All other names Age Date of Birth Nationality at birth Present Nationality (if different) Does he possess Bermudian status NO YES Certificate # Is he employed in Bermuda NO YES If YES, please give occupation and employer MOTHER'S Surname All other names Maiden name Age Date of Birth Nationality at birth Present Nationality (if different) Does she possess Bermudian status NO YES Certificate # Is she employed in Bermuda NO YES If YES, please give occupation and employer Date and place of parents' marriage Date marriage ended (if applicable) Reason (death, divorce etc) 9

10 7 References (2 required): Sponsor 1 You require two sponsors in support of your application. They must both be Commonwealth citizens who possess Bermudian status and have known you for at least seven years. Letters of support from both these sponsors must be attached to this form. The Sponsors in support of applicants who are applying under 19A must complete and sign subsections 1 and 2. NOTE TO SPONSOR: If you do not know the applicant sufficiently well to provide detailed information that you will be called upon to provide concerning them, you should advise them to select another sponsor. SUBSECTION 1 SPONSOR 1 Full name Surname All other names Date of Birth Street address in Bermuda Postal address (if different from above) Telephone numbers (Home) (Work I, the undersigned, hereby state: I am a Commonwealth citizen by Birth Naturalisation other means I possess Bermudian status by Birth Certificate Marriage I have known the applicant well for years and have extensive knowledge of his/her character and integrity I am not the Counsel or Agent of the applicant, nor am I related to the applicant Signature Date SUBSECTION 2 For applicants applying under 19A: To the best of my knowledge and belief, the applicant and the applicant's spouse are happily married and living together as husband and wife. I support his/her application for Bermudian status and Naturalisation as a British Overseas Territories Citizen. Signature Date 10

11 7 References (2 required): Sponsor 2 You require two sponsors in support of your application. They must both be Commonwealth citizens who possess Bermudian status and have known you for at least seven years. Letters of support from both these sponsors must be attached to this form. The Sponsors in support of applicants who are applying under 19A must complete and sign subsections 1 and 2. NOTE TO SPONSOR: If you do not know the applicant sufficiently well to provide detailed information that you will be called upon to provide concerning them, you should advise them to select another sponsor. SUBSECTION 1 SPONSOR 2 Full name Surname All other names Date of Birth Street address in Bermuda Postal address (if different from above) Telephone numbers (Home) (Work I, the undersigned, hereby state: I am a Commonwealth citizen by Birth Naturalisation other means I possess Bermudian status by Birth Certificate Marriage I have known the applicant well for years and have extensive knowledge of his/her character and integrity I am not the Counsel or Agent of the applicant, nor am I related to the applicant Signature Date SUBSECTION 2 For applicants applying under 19A: To the best of my knowledge and belief, the applicant and the applicant's spouse are happily married and living together as husband and wife. I support his/her application for Bermudian status and Naturalisation as a British Overseas Territories Citizen. Signature Date 11

12 8 Legal Declaration I swear by Almighty God that the particulars stated by me in this application are true. If at any time, before a Certificate is issued to me, the accuracy of any of the foregoing particulars is affected by an alteration of circumstances, I undertake to inform the Department of Immigration in writing forthwith. Print Name $5 Stamp Duty Signature Sworn at Date Before me Commissioner for Oaths This affidavit must not be made before a person who is the Counsel or Agent for the applicant CAUTION: If the applicant makes any statement in his or her application which he or she knows to be false in any particular, or recklessly makes a statement which is false in a material particular,he or she renders him/herself liable to both a fine and imprisonment and to the withdrawal of his or her Bermudian status, should this application be successful SECTION 9 Legal Declaration of Bermudian Spouse I (print full name) swear that I am the lawful spouse of the applicant, that we have been living together as husband and wife continuously for the last two (2) years and that I fully support my spouse's application for Bermudian status. Signature Sworn at Date Before me Commissioner for Oaths Note: For the purpose of this application the declaration serves as the letter required under section 19A (2)(c) of the 1956 Act. 12

13 10 Application for naturalisation as a British Overseas Territories citizen TO BE COMPLETED BY APPLICANTS WHO ARE NOT BRITISH COMMONWEALTH CITIZENS IMPORTANT NOTE Attach a separate sheet giving details of ALL absences from Bermuda during the five year period ending with the date of this application. Include the country visited, the purpose of the visit and the dates of your leaving and returning to the Island You should not have been out of Bermuda for more than ninety days during the twelve month period immediately preceding this application, or more than 450 days in the five year period immediately preceding this application Do you intend to reside in Bermuda if naturalised YES NO DECLARATION BY THE APPLICANT FOR NATURALISATION AS A BRITISH OVERSEAS TERRITORIES CITIZEN TO BE COMPLETED AND SIGNED ONLY WHERE APPLICABLE I, (FULL NAME) declare that, although I do not meet all the statutory requirements for naturalisation, I believe that I otherwise meet the residency requirements for Bermudian status and, in view of the following* special circumstances, the Governor should treat me as fulfilling those requirements or waive the need in my case to fulfil the residency requirements for naturalisation Print Name Signature Date * Attach a letter setting out your special circumstances. Is such a letter attached YES NO 13

14 11 Application Checklist Incomplete applications will be returned. This application will not be considered complete unless the required documents are attached. Where supporting documentation is attached, indicate on the material which section of this form it refers to. SECTION UNDER WHICH YOU ARE APPLYING 5(2) 19 19A 20 20A 20D FEE (see attached sheet for current fees) Two passport type photos Complete sections of Form 1,6 1-4, 6,7,8 1-3, 7-9 1,3,8 1,2, ,5,7,8 Certified copy of Marriage Certificate (if applicable) Certified copy of Long Form Birth Certificate/Deed poll (if applicable) Certified copy of all Divorce Decrees Absolute (if applicable) Proof of ordinary residence for the required time Affidavit on domicile 2 Letters of support from Sponsors SECTION UNDER WHICH YOU ARE APPLYING 20E 20F 21 Naturalisation General Enquiry FEE (see attached sheet for current fees) Two passport type photos Complete sections of Form 1-4,7,8 1-3,7,8 1,6 1-4,6-8,10 1-4,6,8 Certified copy of Marriage Certificate (if applicable) Certified copy of Long Form Birth Certificate/Deed poll (if applicable) Certified copy of all Divorce Decrees Absolute (if applicable) Proof of ordinary residence for the required time Affidavit on domicile 2 Letters of support from Sponsors 14 IF APPLYING UNDER SECTION 19: A letter detailing your qualifying Bermudian connection IF APPLYING UNDER SECTION 20D or 20E: Proof of relationship to child or sibling (whichever applies to your specific application), including Long Form Birth/Marriage/Adoption Certificates or Deed Poll (if name has been changed). Proof is also required of these persons' possession of Bermudian status as specified in this form IF APPLYING UNDER SECTION 20E: Proof of residence in Bermuda since before 1 August 1969, e.g. letters from schools, employers and a letter from a professional person attesting to your twenty years' residence before 1 August 1989 IF APPLYING UNDER SECTION 20F: A certified letter from the Parliamentary Registrar confirming your registration on the register on 1 May 1976 and 31 October 2002 Other documentation in support of your application as specified in this form, if required

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