Whether applying for a work permit, residency, PRC, Bermudian status or naturalisation as a BOTC, there is a 'good character' requirement. So, what is it that makes somebody of good or bad character?
Criminal convictions are the most common things to affect good character.
In Bermuda, unlike many other places, traffic violations such as speeding are treated as criminal convictions. Worse, unlike regular criminal convictions, traffic offences in Bermuda never expire. This contrasts with regular criminal convictions - if somebody goes to prison for less than three years, for theft or assault, say, then their record is wiped clean after seven years. But traffic offences will never be wiped away. In practice, historic traffic offences are not usually a problem, but there is still a duty to disclose them when making applications.
There is another part of the immigration laws, though, that has the potential to cause serious problems for non-Bermudians who lack permanency. If somebody is convicted of an offence punishable by two or more years in prison (regardless of whether any significant punishment was actually handed down), they become an "exceptionable person" and cannot re-enter Bermuda without the direction of the Governor.
Worse, for work permit holders, section 61AA of the Act directs that the Minister cannot issue a work permit to somebody who has been convicted of an offence punishable by two or more years in prison - no discretion. So even if somebody is not actually given any serious punishment, the mere fact of being convicted of such an offence would make it impossible to obtain a new work permit once the current one expires.
Let's look at what sort of offences might come up here, focussing on the sorts of scenarios that have actually happened.
Alex has an aggressive neighbour who drinks every night and makes a nuisance of himself. One evening, a dispute on the driveway turns into a scuffle, in which the neighbour ends up with a black eye. Although Alex says he was defending himself, he has heard how criminal proceedings can be drawn out over many months or years, and he pleads guilty 'just to get it over with'. He is convicted of assault causing bodily harm. Although not receiving a prison sentence, the offence is punishable by two years in prison.
Beth is at a private party late at night where a cannabis joint is being passed around. A neighbour had complained about the noise, and the police turn up just as she is taking a puff on the joint. Despite possession of small amounts of cannabis no longer being an offence, consuming it is still an extremely serious offence. Although Beth only receives a small fine, illegally consuming cannabis is punishable by life in prison.