Good afternoon, everyone,
As we navigate the intricacies of immigration laws and employment regulations, employers and work permit holders must understand and follow the established policies. Today, we will address critical issues related to late work permit applications, civil penalties, and visitor stays. We will also provide essential clariications to help all stakeholders ensure compliance and avoid legal repercussions.
Let us begin with the issue of Late Work Permit Applications.
The Department of Immigration has seen an increasing number of late applications for work permits, speciically for individuals already residing in Bermuda. In many instances, work permit holders have continued to work after their permit expired without approval from the Minister.
To address this, I want to remind employers, immigration agencies, and work permit holders of Sections 4.0 and 4.1 of the 2017 Work Permit Policy (the Policy). These sections instruct that applications to extend a work permit should be submitted no less than one (1) month and no more than three (3) months before the current permit expires.
If applications are submitted outside this timeline – that is, with less than a month to go before a permit’s end date – the work permit holder must immediately stop working when their current work permit expires. Too often, stakeholders wait for the Department to issue a stop work order – this is unnecessary. The Policy is clear and must be followed.
Additionally, late applications will incur monthly late fees. The Department has adopted a zero-tolerance policy for late submissions and appeals to continue working in such cases will be refused.
However, when an application is submitted within the 1–3 month window and deemed complete, the work permit holder may request to continue working after their work permit expires while the Department processes it.
Civil Penalties
I must also remind Employers, immigration agencies and work permit holders of Section 71A of the Bermuda Immigration and Protection Act 1956 (the Act), which empowers the Chief Immigration Oficer to issue civil penalties where a work permit holder has:
1. Worked without a valid work permit; or
2. Worked outside the scope of their work permit.
Employers and work permit holders will be ined per individual, not as a group and the penalties are as follows:
• $5,000 per party for a irst offence
• $10,000 per party for any subsequent offence within 7 years.
To be clear, employers with multiple offending work permit holders will be ined either $5,000 or $10,000 per individual.
Employers are ultimately responsible for compliance with both the Policy and the Act. It is critical to select immigration agencies who uphold these standards. However, failure to comply cannot be blamed on the agency, liability rests with the employer.
With that said, I urge Immigration agencies to operate responsibly and to a standard that protects not only the integrity of their business but also the interests of employers and work permit holders.
Work permit holders are also encouraged to take greater responsibility for understanding their obligations under the Policy and the Act. Individuals without a valid work permit must not work and should seek immediate guidance by contacting the Department of Immigration at 246-8093.
Work permit holders found working without approval may be barred from future employment in Bermuda. Employers are strongly urged to verify the work permit status of their employees to avoid severe consequences.
Visitors Stays
Visitors are reminded that they may stay in Bermuda for up to 180 days within any 12-month period. While in Bermuda, they are strictly prohibited from working or seeking work. Violations will result in restrictions on future entry. Note that visitor arrival and departure information is now tracked by the new border management system. Individuals who overstay are automatically lagged and referred to the Immigration Compliance section.
At this time, I want to remind everyone of the 3 ways to report an immigration violation, the public may:
1. Call the anonymous tip line at 296-5202;
2. Visit the Department of Immigration to speak with a Compliance Inspector; or
3. Send a letter addressed to the Department of Immigration, First Floor Government Administration Building, 30 Parliament Street, Hamilton Bermuda outlining in detail the breach.
Closing
Adhering to the 2017 Work Permit Policy and the Bermuda Immigration and Protection Act 1956 is crucial to preserving the integrity of Bermuda’s immigration system.
I call on all employers, immigration agencies, and work permit holders to work in partnership with the Department of Immigration to ensure compliance.
Together, we can foster a fair, eficient, and well-regulated system that supports economic growth and the continued success of our community.
Finally, I am excited to announce that a revised 2025 Work Permit Policy will be released in the coming weeks. Public feedback will be welcomed to ensure the new policy meets the needs of all stakeholders and relects our commitment to the continuous improvement of our immigration system.
Thank you.