Government lists the potential penalties for work permit holders or visitors who break immigration laws
Play by Bermuda’s immigration rules or face the consequences … which can mean both an employer and employee receiving fines, and could even lead to a guest worker being barred from coming back to the island.
Government was not at all subtle today as it listed the potential penalties for violating work permit laws.
According to a press release, some of the most common complaints received by the Department of Immigration are people working without a work permit, working outside of the scope of their work permit, and a visitor engaging in employment.
Individuals and employers may face civil penalties for such infractions – which must be paid before a new work permit will be considered.
A visitor engaging in work will be immediately instructed to leave Bermuda.
Work permit violators may also be asked to leave, and will not be considered for another work permit for at least 12 months.
Ultimately, any abuse of immigration rules could lead to an individual being placed on the Bermuda Stop List.
The media release also specified that a divorced spouse of a Bermudian must adjust their immigration status within 90 days of the divorce being finalised.
This may mean applying for a work permit, seeking permission to reside or try to claim ex-spouse employment rights.
Again, failing to follow these rules could lead to being directed to leave Bermuda, and being fined if they continue to work without permission.
Jason Hayward, Minister of Economy & Labour, said that “these enforcement measures are not about punishment; they are about ensuring a level playing field for all, protecting job opportunities for Bermudians, and upholding the standards that support our workforce and economy.”
Government of Bermuda Press Release
The Ministry of Economy and Labour, through the Department of Immigration, wishes to remind the public of the penalties associated with breaches of Bermuda’s immigration laws and work permit conditions.
This information addresses the most common complaints received by the Department’s Compliance Section. It serves as a reminder to all residents, visitors, work permit holders, and employers of the importance of adhering to Bermuda’s immigration regulations.
Penalties for Persons Working Without a Work Permit
- A civil penalty may be levied on both the individual and employer, which must be paid before a new work permit is considered.
- The individual may be directed to settle their affairs and leave Bermuda. A new work permit will not be considered for at least 12 months from date of departure from Bermuda.
- The individual may be placed on the Bermuda Stop List.
Penalties for Work Permit Holders Terminated for Misconduct or Gross Misconduct
- The individual may be directed to settle their affairs and leave Bermuda. A new work permit will not be considered for at least 12 months from date of departure from Bermuda.
- The individual will not be granted permission to reside and seek employment.
Penalties for Persons Working Outside the Scope of Their Work Permit
- A civil penalty may be levied on both the individual and employer, which must be paid before a new work permit is considered.
- The individual may be directed to settle their affairs and leave Bermuda. A new work permit will not be considered for at least 12 months from date of departure from Bermuda.
Penalties for Visitors Who Overstay Beyond 180 Days
- The individual will be instructed to immediately depart Bermuda.
- Re-entry may be prohibited for at least 12 months from date of departure from Bermuda.
- The individual may be placed on the Bermuda Stop List.
Penalties for Visitors Engaging in Employment
- The individual will be instructed to immediately depart Bermuda.
- The individual may be placed on the Bermuda Stop List.
- A civil penalty may be levied on the individual. If a civil penalty is imposed, it must be paid before the individual can return to Bermuda or be removed from the Stop List.
- A civil penalty may be levied on the employer, which must be immediately paid; failure to pay may affect future work permit approvals.
Penalties for Divorced Spouses of Bermudians
Non-Bermudian spouses whose divorce from a Bermudian is finalised must regularise their immigration status within 90 days of the date of the final divorce decree.
They must:
- Apply for a work permit (if already employed in Bermuda); or
- Apply for permission to reside and seek employment (if not currently working); or
- Apply for Ex-Spouse’s Employment Rights under Section 6.1 of the Work Permit Policy.
Penalties:
- Individuals who continue to reside in Bermuda without the Minister’s permission may be directed to immediately settle their affairs and leave Bermuda.
- Those found working without permission may face civil penalties for both the individual and employer.
- The individual may be placed on the Bermuda Stop List.
Minister of Economy and Labour, the Hon. Jason Hayward, JP, MP, explained, “The Department of Immigration plays a vital role in maintaining fairness, order, and integrity within Bermuda’s labour market. While most residents and employers comply with the law, we must ensure that breaches are consistently and firmly addressed.”
“These enforcement measures are not about punishment; they are about ensuring a level playing field for all, protecting job opportunities for Bermudians, and upholding the standards that support our workforce and economy.”
“I urge all employers and individuals to familiarise themselves with the relevant immigration requirements and to seek guidance from the Department when in doubt.”
The Department of Immigration carefully reviews each complaint or case in line with Bermuda’s laws and immigration policies. The Department remains committed to maintaining the integrity of Bermuda’s immigration system and encourages all residents, visitors, and employers to comply with the established requirements.
For questions or more information, please visit www.gov.bm/department/immigration or call 246-8093.
