Working to Rule

Getting the balance right

Bermuda continues to maintain the delicate balance between encouraging new residents who can create new jobs and ensuring Bermudians have fair employment opportunities.

With sub-tropical temperatures, beautiful pink beaches and one of the highest standards of living in the world, it is no surprise that Bermuda needs immigration controls to ensure that it is not overrun by people looking for the good life.

Still, immigration tends to be one of the least understood areas of moving to Bermuda – and the one which may lead to frustration.

The basic means of controlling immigration is a work permit. If you come to Bermuda with the intention of working and you are neither a Bermudian nor a spouse of a Bermudian, you must have a work permit.

To qualify for a work permit, you must have an employer who has carried out the necessary due diligence and advertising to satisfy the Department of Immigration that available to do your job. And you get the necessary documentation.

Certain other restrictions can also apply. There are limits on the number of children you can bring to the Island due to concerns about overburdening local schools and your ability to support them.

All work permit holders must sign a declaration that they have no right to remain in Bermuda, or to gain residency rights, once their work permit has expired, regardless of how long they have been on the island. Only marrying a Bermudian, qualifying for rights under other legislation such as the “Job Makers Act” and certain other processes will override that declaration.

The standard work permit is for one year, but there are also two-,

The work permit is not held by you, but by your employer, and there are restrictions on what you can do under the work permit. For example, you generally will not be able to work in a second job and you usually will not be able to change jobs until you have been in Bermuda for two years.

Many people who are intending to work in Bermuda have a spouse or partner. This can be complicated. You might be an insurance executive or actuary but if your spouse is a retail store manager or a nuclear physicist, will simply not exist or they may be closed to non-Bermudians because it is believed there are enough Bermudians available to carry out the role. As a rule of thumb, the spouse would be wise to seek employment before coming to Bermuda. Once here, the spouse must get a letter from Immigration giving permission to seek employment before looking for work. In any event, if the spouse wishes to come to work in Bermuda, this must be stated in the work permit application. Individual permits are also required for children.

If your spouse, partner or children do not intend to work, they must still be included in the application form and you need to show you earn

Anyone coming to Bermuda also needs to be aware that certain jobs are “closed” or “restricted”. Closed categories, which include jobs like and taxi drivers, cannot be held by non-Bermudians unless they have a Bermudian spouse.

Some other jobs, where there is easier to get with an in principle application. These run the gamut from actuaries to nurses to butchers.

There are a number of measures in place aimed at encouraging businesses to come to Bermuda or

to stay in Bermuda. For example, a new business coming to Bermuda can get permission not to advertise members before getting work permits for them, and these jobs would not have to be advertised for two years. Non-Bermudian owned companies operating locally – known as section 114b companies – can also get some concessions on work permit requirements.

A second policy enables a company to be granted a global work permit, by which a senior employee of a global company can come to Bermuda without the need to advertise the work permit. The only condition is that the employee

An Entrepreneur’s work permit has also been created to enable people to live and work on the Island for up to a year while developing their business plans and raising capital for new international companies.

“Job Makers” legislation enables executives who are responsible for at least ten jobs held by Bermudians to be eligible for permanent residence. companies can get automatic Bermudian employees provided they apply for them within being granted. There are similar processes for new companies that

Fees: Three-month short-term work permit......................................................$672 One-year standard work permit.....................................................$966 Three-year standard work permit...................................................$3,612 Five-year standard work permit.................................................$6,200 One-year global work permit..................................................$1,863 Three-year global work permit...................................................$4,515 Five-year global work permit...................................................$7,103

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