Requirements for smooth work permit applications - International Law Office

Applying to the Immigration Department of the Ministry of Labour, Home Affairs and Housing for a work permit need not be complicated and burdensome. If the guidelines in the Work Permit Policy 2001 are adhered to the process can be smooth and timely.

An incomplete application will be rejected by the department and returned to the sender.

The documents required by the department for an initial work permit application must be attached to an English translation if they are in a foreign language. They include:

• a cover letter, including a description of the job vacancy and a curriculum vitae or a request to waive the requirement to advertise. Waivers may be granted only in exceptional circumstances;
• a cheque for the appropriate fee;
• a completed immigration application form;
• four passport-sized photographs with the applicant's name on the back of each photograph;
• a copy of the advertisement and the date and name of the newspaper in which the advertisement appeared. The advertisement must be run for three days with the closing date being five working days from the date of the last advertisement. An advertisement is valid for three months only;
• a statement of employment. All employees must be provided with a statement of employment under Section 6 of the Employment Act 2000;
• a chest x-ray of both the applicant and any accompanying dependants over 12 years of age. CD x-rays are acceptable;
• medical certificates of good health for the applicant and accompanying dependants;
• two personal references from persons of good standing;
• two employment references or as many as are needed to meet the minimum requirements of the advertisement;
• notarized copies of academic certificates;
• a curriculum vitae;
• notarized proof of citizenship (eg, a notarized copy of the applicant's passport);
• a repatriation letter which permits entry to the applicant on a single ticket basis. Otherwise, a return ticket will be required;
• a police certificate from the applicant's country of residence; and
• a copy of the certificate of incorporation and the business plan, for new companies.

If an applicant is accompanied by a spouse and children, applications must be made for them. Immigration policy states that if an applicant has more than two children, special permission is required. If the spouse or children will not be accompanying the applicant to Bermuda, the applicant must sign a letter to that effect.

If an individual, rather than a company or entity, applies for a work permit, proof must be submitted to the department that the applicant's health insurance and social insurance have been paid in a timely manner.

If relevant documentation is in order an application can be processed by the department in four to six weeks.

The application form must be signed by both employer and employee. The applicant must declare that the application is true and acknowledge that if any facts are untrue the work permit will be withdrawn, he or she will be required to leave Bermuda and may incur further penalties.

Issues which lead to the revocation of a work permit where a false declaration has been made typically relate to the marital status of an applicant or his or her children.

For further information on this topic please contact Diane Philpott at Appleby by telephone (+1 441 295 2244), fax (+1 441 292 8666) or email (dphilpott@applebyglobal.com).