Eliminate the spousal letter or eliminate the unnecessary documentation

From "Red Tape Reduction Consultation"

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Spousal letters represent unnecessary bureaucracy that should either be scrapped entirely or streamlined to minimum requirements.

It is my understanding that legally only a marriage certificate is required to prove that someone is a spouse of a Bermudian and be entitled to the rights of one.

As noted in a recent article about attempts to improve the processing times, New Processing Timelines For Spousal Letters - Bernews, the extensive requirements include "Application for Residence Form, a police certificate, medical clearance, passport size photos, proof of citizenship, the marriage certificate, and a birth certificate." and can take months to be processed.

Why is any of this necessary if legally only a marriage certificate is required? It's simply unnecessary bureaucracy that drives up costs, burdens the immigration department and enables discrimination and harassment of spouses.

Can a spousal letter just be changed to an official letter confirming the original marriage certificate and Bermudian status of the spouse?

Better yet, can the letter be eliminated entirely?

Comments(40)

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Profile of Redmond Peterson

Posted by:Redmond Peterson

2 years ago

100% this is one of the inefficient things ever.

1 like

Profile of George Duncan

Posted by:George Duncan

2 years ago

Where in law or policy is a spousal letter even required? It is not a legally binding contract or letter of permission. The Marriage Certificate is. Remember the spousal letter that had an expiration date years ago? Another waste of administrative efforts and hinders the public. Banks ask for it for instance but they should do their job and contact registry general who should have a register that ties in with the courts who should be responsible to Gazette divorces just as they notify the intent to marry!

Profile of AR Pe

Posted by:AR Pe

2 years ago

This could be solved by having Bermuda adhere to the Apostille Convention (The Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents).

Profile of T watson

Posted by:T watson

2 years ago

all countries have rules, bureaucratic, regulations and red tape that must be completed and abided by. Why do Bermudians feel that it should not happen here. Do we complain when trying to live in our foreign spouses home country nooo we just suck it up and get it done.

Profile of Joe Zajac

Posted by:Joe Zajac

2 years ago

@m watson why do you not understand the purpose of this consultation? is the concept too difficult to grasp? yes/no?

Profile of T watson

Posted by:T watson

2 years ago

@Joe Zajac YES..I understand however Bermudians are using this opportunity to be silly and petty. Only to cry and complain when their foreign spouse fleeces them of their money and leaves them.

Profile of Joe Zajac

Posted by:Joe Zajac

2 years ago

@m watson rightttttttt. another xenophobe. you are dismissed.

2 likes

Profile of T watson

Posted by:T watson

2 years ago

@Joe Zajac You don't know me to say that, so go sleep. When I get married my husband is coming here from France, soooo..

Profile of T watson

Posted by:T watson

2 years ago

Without a spousal letter they will need a work permit in order to work here and for a contracted time frame. They must be able to prove they are a legal resident and are eligible to work here with an open employment ended contract.

Profile of Joe Zajac

Posted by:Joe Zajac

2 years ago

@m watson "What regulations, laws, or processes are unnecessary or outdated and should be removed to support economic growth and development in Bermuda’s economy?" Re-read the purpose of this consultation.

Profile of T watson

Posted by:T watson

2 years ago

@Joe Zajac No. It needs to remain in place! The immigration Act needs to be updated promptly....

Profile of T watson

Posted by:T watson

2 years ago

@m watson There should be a one-time fee for the first application. And free thereafter with a signed letter confirming that the marriage is still valid. If the spouses are found to be deceitful than fine them and deport the spouse back home. Other countries do that.

Profile of Joe Zajac

Posted by:Joe Zajac

2 years ago

@m watson again, why do you not understand the purpose of this consultation? is the concept too difficult to grasp? yes/no?

Profile of Dinah Sinnock

Posted by:Dinah Sinnock

2 years ago

One thing a Spousal Letter can confirm is that you are still legally married whereas a marriage certificate just proves you got married. Shouldn't be necessary every year maybe every 2 to 3!

Profile of Joe Zajac

Posted by:Joe Zajac

2 years ago

@Dinah Sinnock a spousal letter proves no such thing. you could be divorced and still have your spousal letter. it is up to the Court to notify immigration on your status if you are divorced, which the Court may or may not do. note that divorces in Bermuda are relatively rare in the big scheme of things. there are more than enough Government databases on people indicating they are a spouse of a Bermudian. the cost of inefficiency of those databases should not be passed on to a spouse of a Bermudian. Besides, as cited in an article referenced by another commentator, “spouses of Bermudians who, by the Bermuda Constitution Order 1968, are deemed to belong to Bermuda. An application for a spousal letter is not mandatory – legally or otherwise"

1 like

Profile of T watson

Posted by:T watson

2 years ago

@Joe Zajac Supreme court can only notify immigration if the Divorce was actioned here. Other than that is up to the couple to advise notifies Immigration

1 like

Profile of Dinah Sinnock

Posted by:Dinah Sinnock

2 years ago

@m watson up to the individuals to be honest and update the relevant parties for anything divorce, death etc.

Profile of George Duncan

Posted by:George Duncan

2 years ago

@Joe Zajac Spot on!

Profile of T watson

Posted by:T watson

2 years ago

Got you, your issue is that there is no replacement button to press. If you need a copy of anything there is always a replacement cost .that's just life. life. However, getting a replacement is something that one should be able to request and pay for online, providing nothing has changed.

Profile of Joe Zajac

Posted by:Joe Zajac

2 years ago

@m watson, no, you did not understand. The form was flawed, there was no option for a Replacement letter, and instructions said to complete a section that did not exist. The bureaucrat was clueless. How is that serving the public? I have no problem paying for a replacement.

Profile of T watson

Posted by:T watson

2 years ago

That I understand. However it is a one time application. Having to complete the process each each year would be irritating.

Profile of Joe Zajac

Posted by:Joe Zajac

2 years ago

@m watson it is more than that. if your spousal letter is lost or damaged, you have to apply for a new one and pay again. In my case, I sealed my letter in plastic because it was getting worn down. It passed Immigration two times but not the third time. I was walked into a back room and lectured because Immigration Officers could not "feel the seal." When I inquired about a replacement, the standard answer was to "go to the website" for the form. When I finally extracted the specific form name from the bureaucrat, the form was riddled with glaring errors such as there was no box to check for a replacement letter, and being asked to complete a section that did not exist on the form. I kid you not! NO BOX TO CHECK FOR A REPLACEMENT LETTER! Faulty instructions.

Profile of T watson

Posted by:T watson

2 years ago

by itself a marriage certificate does not give the right to residency in any country including here. Keep the spousal letter.

Profile of Joe Zajac

Posted by:Joe Zajac

2 years ago

@m watson the goal is to make Government more efficient, not to continue to do the same useless things. given Bermuda's tiny population, the marriage certificate should be sufficient for residency. non-Bermudians marrying a Bermudian have to go through an extensive BPS background check. Immigration's computer system has all the information.

Profile of T watson

Posted by:T watson

2 years ago

@Joe Zajac the background check is from their native country.

1 like

Profile of Denis Pitcher

Posted by:Denis Pitcher

2 years ago

@m watson this is incorrect. Marriage to a Bermudian gives right of residency and can be proven with a marriage certificate. In the bernews article above the gov confirms: “spouses of Bermudians who, by the Bermuda Constitution Order 1968, are deemed to belong to Bermuda. An application for a spousal letter is not mandatory – legally or otherwise" There is no legal requirement for a spousal letter. A marriage certificate is presently the minimum requirement. The spousal letter is unnecessary red tape and bureaucracy. If you feel the government should vet who Bermudians can marry then that should be done through law and possibly constitutional changes to make the requirements consistent.

Profile of T watson

Posted by:T watson

2 years ago

@Denis Pitcher please tell me which country can anyone just roll up in and present a marriage certificate and say i am staying here. Please tell me.

Profile of Denis Pitcher

Posted by:Denis Pitcher

2 years ago

@m watson Bermuda. That is literally the requirement. A spouse only needs to present their marriage certificate, their passport and their Bermudian spouses passport. No spousal letter is required for entry, no matter how insistent the immigration officer may be, it is not legally required.