Confusion Over New Bermudian Work Permit Rules

by Amanda Banks, Tax-News.com, London

16 May 2003

Responding to a report in the Royal Gazette last weekend, the Bermuda Immigration department has denied that the international business community is frustrated with the way it processes work permits.

In response, an official from the Ministry of Labour, Home Affairs and Public Safety read a statement which stated: “We have spoken to prominent members in the international community who we regularly meet with and they are as surprised as we are by this story.”

However, a member of the immigration committee, a quarterly forum held between the relevant government ministers and immigration department officials, said concerns over work permit processing delays and the imminent work permit term limits comes as no surprise.

“We have serious concerns about what it will be like to operate under this policy... We’ve definitely made it clear that our competitors outside the jurisdiction will use this work permit term limit as a marketing tool against us,” the member told the Gazette.

The major concern regarding the new rules appears to be the lack of clarity surrounding the 'key worker' issue. Work permit term limits do not apply to so-called 'key' workers.

The work permit policy paper of 2001 states that “key persons can be found at all levels and in all areas of a business and are to be found not only among chief executive officers, chief financial officers and other senior managers. They can be technical, professional, clerical or service as well as managerial staff. It is up to the employer to make the case to the Minister that a particular individual or post is key to the organisation.”

It is also unclear how many applications a firm may make to the immigration department, though legal experts take this omission from the policy to mean that a firm may make unlimited applications.

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