Under
the Bermuda Immigration and Protection
Act 1956 the Immigration Department
of the Bermuda government requires
that Bermudian citizens must be given
first opportunity to acquire employment.
If the post has been advertised in
local newpapers three times and if
no Bermudian is registered in a related
work category with the Government
Employment Office then a non-Bermudian
can be offered the job. The employer
must then apply to the Immigration
Department on the worker's behalf
for a permit.
As
from April 2001, six-year limits on
work permits came into effect, although
senior executives and/or key staff
that contribute to the success of
a company could work free of any time
restrictions. This also applied where
there is a proven severe shortage
of qualified staff.
According
to the government at the time, companies
that wished to have a worker made
exempt from the six year limit must
have a good record in training and
employing locals; producing clear
and correct job advertisements; and
submitting work permit applications
that are correctly completed. Such
firms can also look forward to speedier
processing of work permit applications.
All
non-Bermudians seeking professional
employment are expected to hold at
least a graduate degree from an accredited
university, or an appropriate Masters
degree, or a PhD.
In
October, 2003, the work permit term
limit policy was sharply criticized
by former Labour and Home Affairs
Minister Quinton Edness, who urged
the government to drop the current
rules in favour of a more flexible
scheme practiced in many other countries.
“I
understand the problems Government
is trying to resolve, but I think
this policy is wrong and should be
removed,” said Mr. Edness. “I
think the policy is unreasonable and
is threatening and intimidating to
international companies as well as
local companies. My fear is that it
will result in damaging the economic
welfare of Bermudians,” he warned.
“There
is a simple way to prevent this,"
declared Mr Edness, continuing: "all
Government has to do is to put in
its immigration policy, like other
countries do, that you cannot become
a long term resident or get any status
as a Bermuda citizen as the result
of a work permit.”
The cost of a work permit is met by
the future employer, and varies according
to the proposed length of employment.
For
Bermuda companies that wish to employ
individuals on temporary assignments
in Bermuda, an application may be
made for a Temporary Work Permit which
is generally granted for a period
of three months. There is no need
to advertise the position in Bermuda.
Renewals of the temporary work permit
can be obtained.
In
a statement published on its website,
the Bermuda Immigration Department
had this to say on the matter of employing
expatriate workers and Bermudian residents:
"This
Government has worked hard to strike
the right balance between the understandable
desire of business to operate with
a minimum of regulatory control and
the legitimate and proper aspirations
of Bermudians to participate fully
in the economy of their island home."
"On
the one hand, we have listened carefully
to the concerns of business. We have
understood their needs to secure the
right staff to enable them to compete
effectively in the global market place.
And it is, of course, entirely in
the interest of every Bermudian that
they should be able to do so. The
Government recognises that international
business is becoming critically important
to the economic well-being of our
people, particularly in terms of job
creation."
"However,
the Government has an obligation to
regulate business in a way that derives
benefits for all Bermuda’s people.
We have heard too often how Bermudians
feel left out of the Island’s
prosperity. How they feel denied opportunities
to train and hone their skills. How
they feel that promotion opportunities
are not open to them. The new policy
I am publishing today will address
these concerns. I believe that, as
a result of our deliberations with
stakeholders and our co-operation
with the business community in developing
the policy, the policy will be firmer,
fairer, faster, and more flexible."
"First,
the system will be firmer. A number
of measures will tighten up on abuses.
For example, there will be a policy
of zero tolerance for immigration
offences. Companies that are found
to have abused the system will not
benefit from the more expedited application
process we are introducing. In this
way, our new system will encourage
compliance and reward good corporate
practice."
"As
such it will be fairer. This is the
second aspect I wish to address. The
system will be fairer for Bermudians.
Term limits, specifying a date beyond
which work permits will not normally
be renewed, will be introduced. This
will put an end to any tendency to
automatically apply for renewals of
work permits without there being a
genuine interest in attracting, recruiting
and training Bermudians. Term limits
mean that as a general rule work permit
holders will be limited to a maximum
term of six years unless they are
exempt. These exemptions are possible
where companies can demonstrate that
they are good corporate citizens."
"
Companies that are good corporate
citizens are those that adhere to
best practices such as:
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