Surprising Facts & Need-to-Knows About the Bermuda Work Permit System

Thinking of working in the beautiful islands of Bermuda, or perhaps hiring international talent for your Bermuda-based business? Navigating Bermuda's official immigration policy can feel very daunting.

In this article, we'll explore some key aspects of Bermuda's work permit system, drawn directly from the official policy documents.

1. Did You Know? Not All Jobs Are Open for Work Permits

Bermuda categorizes jobs to manage foreign worker permissions:

• Closed Category: Work permits are generally not issued for these roles (e.g., Airline Ground Agent, Retail Floor Supervisor, General Labourer, Office Receptionist, Painter, Taxi Driver, Cashier, Courier). Employers must hire Bermudians, Spouses, or PRC holders.
• Restricted Category: These roles (e.g., Bank Teller, General Bartender, Commercial Cleaner, General Carpenter, Administrative Assistant, Landscape Gardener - Entry Level) face higher scrutiny. Work permits are typically limited to one year, and employers must prove they consulted the Department of Workforce Development (DWD) regarding potential local candidates.
• Special Category: These have unique rules or conditions (covered below!). Examples include Child-Care Givers, Hospitality roles, Live-In Domestics, and Musicians.
• Open Category: All other jobs fall here. The standard advertising and "Bermudians First" rules apply, with permits potentially available for 1 to 5 years.

2. Did You Know? "Bermudians First" is the Guiding Principle (and It Involves Advertising!)

At the heart of Bermuda's work permit system is the requirement to prioritize qualified Bermudians, Spouses of Bermudians, and Permanent Resident Certificate (PRC) holders.

• The Advertising Gauntlet: For most standard and short-term work permits, employers must prove they conducted a bona fide search for local talent. This typically means advertising the position at minimum three times over eight days in a local newspaper AND for at least eight consecutive days on the Government's Job Board (www.bermudajobboard.bm).
• Specifics Matter: Ads must clearly state the job title, employer details, minimum qualifications/experience, a brief (but not tailor-made) job description, and the application deadline.
• Why No Local Hire? If a Bermudian, Spouse, or PRC holder applies and meets the minimum requirements, the employer needs clear, satisfactory reasons for not hiring them before a work permit application for a foreign national will be considered. The Department of Immigration doesn't force hiring but can deny the permit for the non-local candidate.
• Notification is Key: Employers must inform unsuccessful Bermudian/Spouse/PRC applicants before submitting the work permit application for a foreign national.

3. Did You Know? Not Every Business Trip Needs a Formal Permit

Planning a short trip for meetings? You might be in luck! Bermuda has a system of "tacit approval" for certain business activities.

• The 21-Day Rule: Generally, if you're visiting for 21 consecutive days or less, possess a return ticket (and a valid multi-re-entry visa for the UK/US/Canada if you're from a visa-controlled country), and your activities are limited to things like broker/director/shareholder meetings, internal company training (observation/classroom), job interviews, attending conferences, or visiting clients (but not actively selling door-to-door), you likely don't need to apply for a specific work permit beforehand.
• Short Stints: Certain professionals such as journalists, models, and photographers on international assignments, religious officials attending private weddings, or internal consultants/troubleshooters employed abroad by the same company group may qualify for tacit approval for stays up to 7 days.
• Beyond the Basics: For activities not on the approved list, or longer stays, other permits like Periodic Permits (for multiple short visits) or Short Term Work Permits come into play. Charities and non-profits often use a "Letter of Permission."

4. Did You Know? There are "Fast Tracks" and Special Permits

While the standard process involves advertising, certain situations allow for different routes:

• Global Work Permit: For multinational companies transferring existing employees (employed >1 year, earning >$125k for automatic consideration) to the Bermuda office without filling a pre-existing local position. No advertising needed, but not applicable for Closed/Restricted roles.
• New Business Work Permit: Exempted companies new to Bermuda can get automatic work permit approvals (up to a point) for non-entry level positions (outside Closed/Restricted) within their first six months, bypassing the initial advertising hurdle. Larger operations need to present staffing plans.
• Global Entrepreneur Work Permit: A one-year permit for individuals setting up a new exempted company in Bermuda, allowing them to work on business planning, funding, etc.
• Waivers of Advertising: Possible (with a fee) if the person is uniquely qualified, the job wouldn't exist without them, their departure would harm the business significantly (risking local jobs), or they are key to income generation. Automatic waivers apply for CEOs/Chief Officers, senior hotel GMs (at hotels with over 175 beds), and also for certain permit types: Global, Global Entrepreneur, New Business, Periodic, and those under the Family Support, Fine Artist, and Music School Teacher categories.

Read more about the different types of work permits in Bermuda.

5. Did You Know? Bringing Family Involves Financial Thresholds

Work permit holders (Standard, Global, New Business, Entrepreneur) can often sponsor dependants (spouses married under Bermuda law, partners under specific guidelines, children under 18 or up to 25 if in full-time education).

• Permission to Reside & Seek Employment: Sponsored dependants generally get permission to reside and seek employment (though they still need their own employer to go through the work permit process if they find a job).
• Show Me the Money: The sponsoring work permit holder needs to demonstrate they can financially support their dependants. As of the 2017 policy, the minimum household remuneration thresholds were:
  • 2-person household: $60,000/year
  • 3-person household: $100,000/year
  • 4+ person household: $125,000/year
  • (Note: The Minister can potentially waive these). Proof of medical coverage is also required.
• Children Born in Bermuda: Parents must provide proof (passport, citizenship certificate) that a child born in Bermuda while they are on a work permit holds citizenship elsewhere.

6. Did You Know? There Are Quirky Rules for Specific Professions

Beyond the main categories, the "Special Category" holds some unique stipulations:

• Child-Care Givers: Limited to caring for a maximum of three children (per Ministry of Health rules), potentially requiring multiple part-time permits if working for different families.
• Fine Artists: Can create art without a permit, but only registered galleries can show and sell work by non-Bermudian/Spouse/PRC artists. Resident artists wanting to sell directly need a (non-advertised) Standard Work Permit.
• Musicians/Entertainers: Permits for commercial venues usually require advertising. For large public events using foreign acts, qualified local entertainers of the same genre must also be featured.
• Live-In Domestics: Employers must cover all health/social insurance/payroll tax, pay a minimum wage (specified as $10/hr in the 2017 policy), factor in a set amount for room/board ($700/month), and provide at least one month's notice.
• Graduate Trainees/Interns: Advertising may not be required for established company programmes, especially reciprocal exchanges benefiting Bermudians.

7. Did You Know? Employers Have Strict Obligations (and Face Penalties!)

When hiring foreign nationals, Bermuda places significant responsibilities on the employer, and the Department of Immigration enforces these rules strictly.

• Key Employer Duties: Beyond advertising correctly, employers are legally obligated to guarantee repatriation costs for the employee and their sponsored dependants when employment ends (unless there's a specific written agreement and the employee can demonstrably cover the costs). They must also ensure they are current (not delinquent by more than 90 days) on payments for payroll tax, health insurance, social insurance, and pension contributions for all employees. Timely notification (within 7 working days) to the Department about an employee's termination is also required.
• Serious Consequences: Non-compliance isn't taken lightly. Employers can face civil penalties of up to $10,000 for abusing immigration policy. Furthermore, submitting applications with untruthful information can lead to prosecution for both the employer and the employee involved.

8. Did You Know? Switching Jobs Isn't Always Simple for Work Permit Holders

While work permit holders can look for other opportunities, there's a key restriction on changing employers early in their tenure.

• The Two-Year Rule: Generally, individuals holding a Standard, Global, or New Business Work Permit are not permitted to change employers during the first two years of their employment with the company that initially sponsored their permit.
• Exceptions to the Rule: This restriction isn't absolute. Exceptions can be made, but typically only under specific circumstances such as:
  • The employee has been made redundant.
  • The employee has lodged a formal complaint against their employer with the Department of Workforce Development (DWD), and it's been determined they have a bona fide grievance.
  • The employee makes a written request to the Minister for a waiver of the two-year requirement, which is then approved.

Navigating the System

Bermuda's work permit system aims to balance the needs of local and international business with opportunities for Bermudians. While this overview highlights some key and perhaps surprising elements, it's not exhaustive. Please consult the full work permit policy document and Department of Immigration website for official information.