Application to the Immigration Department of the Ministry of Labour, Home Affairs & Housing ("Immigration Department") for work permits need not be complicated and burdensome. In fact, adherence to the guidelines set out in the Work Permit Policy 2001 document can make the process smooth and timely.

The documents required by the Immigration Department when making an initial application for a work permit are listed below. An English translation, made by a certified translator, must accompany documents in a foreign language. The Immigration Department will not accept an incomplete application – it will be returned to sender.

¦ Cover letter (including a description of the job vacancy including resumes received OR a request to waive the requirement to advertise. Waivers may be granted in exceptional circumstances only);

¦ Cheque for the appropriate fee;

¦ Completed Bermuda Immigration Application Form;

¦ Four passport sized photographs with the applicant's name written on the back of each photograph;

¦ A copy of the advertisement and the dates and name of the newspaper in which the advertisement appeared. The advertisement must run for three days with the closing date being no less than five working days from the date of the last advertisement. An advertisement is only valid for three months;

¦ Statement of Employment. Section 6 of the Employment Act 2000 requires that all employees must be provided with such a statement.

¦ Chest X-ray for applicant and all accompanying dependants over the age of 12. CD X-rays are acceptable;

¦ Medical certificate of good health for the applicant and any accompanying dependants;

¦ Two personal references from persons of good standing in their community;

¦ Two employment references (as many as can support the minimum requirements of the advertisement);

¦ Notarised copies of academic certificates;

¦ Résumé;

¦ Notarised proof of citizenship – e.g. notarised copy of passport;

¦ Repatriation letter, which permits a work permit holder to land on a single ticket basis – otherwise, proof of a return ticket is required;

¦ Police certificate from applicant's country of residence;

¦ For new companies, copy of Certificate of Incorporation, business plan.

If an applicant is to be accompanied by a spouse and child(ren) an application should be made for them. Immigration policy stipulates that special permission is required if an applicant has more than two children. If an applicant is married and the Bermuda Immigration Application Form indicates that a spouse and/or children will not be accompanying the applicant to Bermuda, the applicant must submit a letter to that effect.

If an individual, as opposed to a company or other entity, is applying for the renewal of a work permit, they must submit proof to the Immigration Department that the applicant's health insurance and social insurance premiums have been paid in a timely manner.

Both employer and employee must sign the Bermuda Immigration Application Form. The applicant must declare that the application is true, and acknowledge that if any of the facts and matters submitted prove to be false, then any work permit will be withdrawn, and the permit holder will be required to leave Bermuda. In those circumstances, the applicant may also face other sanctions.

Typically, issues giving rise to the revocation of a work permit, where a false declaration has been made, relate to the marital status of an applicant or the existence of children. Work permit applications are normally processed in four to six weeks if all relevant documentation is in order.

Legal Assistant Diane P. Philpott A.Inst.L.Ex is a member of the Employment and Immigration Team within the Litigation and Insolvency Department of Appleby. A copy of Ms. Philpott's column can be obtained on the Appleby website at www.applebyglobal.com. This column should not be used as a substitute for professional legal advice. Before proceeding with any matters discussed here, persons are advised to consult with a lawyer.