New draft work permit policies published for consultation

The Department for Immigration has published a draft new set of work permit policies to replace the current policies, dating from 2015. There is a consultation running until the 4th July, and everybody is invited to give their feedback. This is only a proposal at this stage.

Below, I set out some of the key changes being proposed. In a later post, likely next week, I shall delve more into some of the implications of the changes.

Processing times

The estimated turnaround time for Standard, Seasonal, and Occasional Work Permits increases from twenty working days in the old policy to thirty working days in the new draft.

Landing Permits: Processing time for Landing Permits increases from five working days to ten working days.

Emergency Short Term Permits: The processing time adjusts from "Within forty-eight hours" to four working days.

Appeals Process

The timeframe for submitting an appeal has been extended from seven working days to fourteen working days.

The new draft explicitly states that if an appeal related to an expired work permit is submitted outside the 14-day timeframe, the employee must stop working. Only one appeal is permissible per application.

Hiring Priorities

The new draft explicitly outlines a priority order for filling jobs (Bermudian first, then spouses, divorced parents of Bermudians, PRC holders, non-Bermudian with a "qualifying Bermudian connection" (which is not defined)). It also introduces a policy that when layoffs are necessary, non-Bermudians are to be laid off before Bermudians in the same job category.

New categories

The new draft re-brands the Global Work Permit as Intra-Company Transfer. In addition it sets out Fintech and Family Office permits, providing immediate approval for up to five permits, for up to five years, within the first six months.

Advertisement

The new draft specifies that an advertisement is invalid if it appears "tailor-made to fit a particular existing or potential work permit holder’s education, experience or expertise".

English proficiency

The new policy introduces the Test of English as a Foreign Language or equivalent as a standard for English proficiency for those from non-English speaking countries, requiring exam results with the application.

Visiting

For new applications, the new draft states "Persons may not visit Bermuda while an application is pending with the Department."

Accountant exception

The new draft adds a specific exception for Accountants, allowing them to seek alternative employment after 18 months with their initial employer, rather than the usual two years.

Prohibited employment seekers

The new draft explicitly lists categories of people prohibited from seeking employment, including annual residents, visitors, Work from Bermuda Certificate holders, and Volunteers.

Salary to allow dependents

The salary thresholds to allow dependents are revised. Relevant dependents are unmarried partners and children - spouses will no longer count as a dependent for threshold purposes, but a work permit holder must still have a salary of over $60,000 to have a dependent spouse. The definition of base salary is being tightened to exclude housing allowance, bonuses, etc. The new proposed thresholds are $60,000 for 1 dependent, $100,000 for 2, $125,000 for 3, and $200,000+ for 4+ dependents.

Consequences of breaches

The new draft highlights that false submissions or breaches of immigration or employment laws can lead to work permit revocation or refusal.

Non-work based residency

Appendix V of the new draft sets out a procedure for non-Bermudians who wish to attend Bermuda College. Applicants must maintain full time status, minimum of 2.5 GPA or equivalent, and maintain good conduct.

It also sets out the policy for those who wish to reside in Bermuda on an annual basis without seeking employment.