Bermuda
Answer ... There are various types of work permits available in Bermuda, specifically:
- short-term work permits;
- global work permits;
- new business work permits;
- global entrepreneur work permits;
- standard work permits;
- fintech business work permits; and
- periodic work permits.
In practice, the vast majority of work permits issued are either standard work permits, short-term work permits or periodic work permits:
- Standard work permits: Available to employers for all roles that are open, special or restricted categories under the Work Permit Policy. Advertising is required in most circumstances.
- Short-term work permits: Available to employers for all roles that are open, special or restricted categories. Advertising is required in most circumstances.
- Periodic work permits: Available to non-resident individuals who work in Bermuda for periods of time. Advertising is not required.
Bermuda
Answer ...
- Standard work permits can be issued for periods of up to five years. If the employer wishes to extend upon expiry, it must apply for a new standard work permit (of up to five years).
- Short-term work permits can be issued for periods of up to six months and can be extended for a further six months.
- Periodic work permits can be issued for periods of up to five years – but trips to Bermuda are limited to 30 days at one time and no more than 180 days per annum.
Bermuda
Answer ... The specific criteria for each type of work permit are referred to in question 3.1. Generally, the Department of Immigration will grant a work permit to an expatriate only if no qualified Bermudians, spouses of Bermudians or permanent resident certificate (PRC) holders apply to any ads for the role.
If there is a statutory body which regulates the relevant profession in Bermuda (eg, Chartered Professional Accountants of Bermuda), approval must be obtained in advance of submitting the work permit application. These statutory bodies are expected to review the qualifications and experience of the applicant and determine eligibility to work in Bermuda.
Bermuda
Answer ... Any individuals coming to work in Bermuda under the Portuguese Accord as well as those employed in the construction industry must have a working knowledge of the English language.
Bermuda
Answer ... (a) Work in specific sectors?
Yes. Some job categories are specified in the Work Permit Policy as ‘closed’ to work permit applications; while others are ‘restricted’ or have special conditions attached.
(b) Shortage occupations?
The minister has a high degree of discretion and can waive specific policies upon request or justification for the same. This discretion can specifically apply where there is a known shortage of Bermudians, spouses of Bermudians or PRC holders for particular specialised roles.
(c) Highly skilled workers?
There is an automatic waiver of the requirement to advertise the role for senior C-suite positions such as CEO or any other chief officer.
(d) Investors and high-net worth individuals?
The new Economic Investment Certificate (EIC) Policy (March 2021) is aimed at attracting investors and high-net-worth individuals to Bermuda. It provides for automatic work permit approval for any such individual to work for the business in which he or she has invested, subject to the satisfaction of certain criteria on a continuing basis, including:
- fulfilling minimum annual residency requirements; and
- continuing to hold a ‘qualifying investment’ – defined as, among other things:
-
- a direct or indirect equity investment of at least $2.5 million into an existing Bermuda-based business, including Bermuda Stock Exchange listed entities (but excluding where the investment is limited to holding listed securities in exempt undertakings); or
- an investment in a new Bermuda-based business.
After holding an EIC for five years, the individual will be eligible to apply for a PRC, allowing him or her to reside in Bermuda indefinitely and continue to work for the business in which he or she has made a qualifying investment.
Bermuda
Answer ... Each type of work permit has a specific application form that must be completed by the employer. In addition, a first-time applicant must submit the following documents:
- a police certificate from his or her last place of residence;
- an employment reference letter;
- two character reference letters;
- certified copies of any relevant qualifications;
- three passport-sized photographs;
- a certified copy of his or her passport;
- a certified copy of his or her marriage certificate;
- his or her CV; and
- a chest x-ray and medical certificate (only if the applicant has lived in specific high-risk countries at any time in his or her life for three months or longer)
If the applicant is married and his or her spouse wishes to work, an application to reside and seek work should be made as part of the work permit application and copies of the above documents in relation to the spouse included at the same time.
Bermuda
Answer ...
- Standard and periodic work permits: $966 to $6,200 (increases each year up to a maximum of five years).
- Short-term permits: $672.00 - $1,019 (increases each month up to a maximum of six months)
An additional government fee is payable of $168 per person attached to the permit application for the printing of work permit/travel cards.
Bermuda
Answer ... The completed work permit application together with the supporting documentation must be submitted in hard copy to the Department of Immigration and the relevant application fee paid by wire transfer before the application will be considered.
The Work Permit Policy provides for the following service level guidelines:
- Standard work permits should be processed within 20 working days of submission; and
- All other work permits should be processed within 10 working days of submission.
However, in practice, work permit applications (of all types) regularly take between 12 and 16 weeks from submission to receipt of the new work permit.
Bermuda
Answer ... The individual has the right to reside and work in Bermuda for the employer named on the work permit in the designated role for the duration of the work permit. As an employee working wholly or mainly in Bermuda, the work permit holder will benefit from the rights and protections afforded to all employees under Bermuda law (including the Employment Act 2000 and the Human Rights Act 1981).
When the work permit expires, the employer is responsible for (subject to the parties agreeing otherwise in writing) the costs of repatriating the employee and any qualifying dependants (those named on the work permit) back to their country of origin. Upon termination of the work permit, an individual has 90 days to settle his or her affairs in Bermuda. In certain circumstances, it is possible to apply for an extension of time and/or request permission to reside and seek alternative employment.
If a work permit holder breaches the terms of his or her work permit by undertaking work outside of the remit of the work permit or otherwise, the minister can:
- revoke, modify or vary the terms of the work permit upon written notice; and
- invite the work permit holder to make representations within 14 days of such notice.
If the employer is found to have breached the Immigration and Protection Act following an investigation, the chief immigration officer has the power to impose a civil penalty of up to $10,000 on both the employer and the employee.