Bermuda: New Work Permit Policy to Prolong Processing Times

Business visitors' stay duration reduced. Business visitors will only be permitted to remain in Bermuda for up to 14 days per visit, down from 21 days. The updated policy does not specify whether in-country extensions will continue to be available, leaving this option uncertain.

·       Employers and foreign nationals should plan for shorter business trips and ensure compliance with the reduced stay limit to avoid overstaying their visas.

·       The reduced business visitor stay limit may result in more foreign nationals requiring work authorization to complete assignments/visits that can no longer be accommodated within the shorter 14-day allowance.

Restricted entry during work permit processing.

·       Foreign nationals will no longer be allowed to remain in Bermuda while an initial work permit application is being processed.

·       Entering the country without the required original entry documents (i.e., an approved work permit) will result in fines.

·       This represents a shift from current practice, which allows applicants to enter as business visitors while their permit is pending, provided they do not perform work activities. 

Applicants must remain outside Bermuda until their permits are approved, which may delay onboarding/recruitment trips or project timelines.

Enhanced work permit screening and eligibility requirements. The new policy strengthens vetting standards by expanding police certificate and language requirements.

·       Police certificates. Work Permit applicants will need to submit police certificates from both their home country and any country where they have lived in the past two years, and work permit holders must report any new criminal convictions. Currently, only one police certificate (from the most recent place of residence, and state-level accepted) is required, and there is no ongoing reporting obligation.

·       English language testing. Applicants from non-English-speaking countries must demonstrate English proficiency through Test of English as a Foreign Language testing or qualifying academic credentials, whereas no language requirement currently exists except for Portuguese nationals. 

·       These requirements may extend application preparation timelines and increase administrative workloads for applicants.

·       Applicants with limited English proficiency or adverse police records may face reduced eligibility for work authorization in Bermuda, potentially narrowing the pool of qualified foreign candidates.

Stricter advertisement requirements for promotions.

·       Employers seeking to promote a foreign employee will be required to advertise the job opening internally before applying for a role change. Once the Immigration Department approves the promotion, the foreign national must remain in the new position for at least one year before any further role changes. For renewals, the waiting period before submitting a new role change is six months.

·       Currently, there are no internal posting requirements for role changes. 

Employers will face longer lead times and more administrative hurdles for promotions, as they must document internal recruitment efforts and complete additional approval steps before submitting job role change applications.

Additional restrictions on changing employers.

·       The existing rule requiring first-time work permit holders to remain with their initial employer for two years (or 18 months for accountants) remains in effect.

·       However, employers are now prohibited from hiring a work permit holder who has been with their second employer for less than one year or whose work permit was renewed within the past six months. Under current rules, these additional restrictions do not apply.

The added limitation may reduce workforce mobility and may lengthen retention periods, requiring employers to plan staffing needs more strategically.