The Government has launched a zero-tolerance policy against companies that breach work permit regulations.

Jason Hayward, the Minister of Economy and Labour, said that existing rules — including stiff fines for organisations that submit applications late — would be enforced.

He highlighted that the issue had increased in recent years, with work-permit appeals becoming “the norm rather than the exception”.

Mr Hayward said: “The Department of Immigration will be adopting a zero-tolerance policy against those who disregard immigration laws and policies.

“As we navigate the intricacies of immigration laws and employment regulations, employers and work-permit holders must understand and follow the established policies.

“The Department of Immigration has seen an increasing number of late applications for work permits, specifically for individuals already residing in Bermuda.

“In many instances, work-permit holders have continued to work after their permit expired without approval from the minister.

“At times you have exceptions and we found that these exceptions are becoming the norm.

“We had a point in time where employers were submitting their work permits on time.

“Now we find an increased level of appeals. Appeals were the exception in the past. Appeals are becoming the norm.

“The rules are you have ample time to submit a renewal permit. What we’re finding in some cases is a work permit has expired and people go on working for six months with no approval from the minister and then we’ll see a renewal application come in.

“We will no longer be approving appeals or entertaining appeals to force persons to the standards that are set within the work-permit policy.”

Mr Hayward was asked by reporters to provide statistics on the number of applications submitted late but he did not have that information.

However, he added that a single late application for a renewal was “one too many”.

Mr Hayward said that, under existing regulations, renewal applications must be submitted no earlier than three months and no later than one month before a permit expired.

Companies will be fined $5,000 for any employee who works without a valid work permit or outside the scope of their permit.

Employers will be fined $10,000 for subsequent breaches, while employees may be barred from working on the island.

Mr Hayward said that companies were not always at fault for application errors.

He said: “May times they’re using employment agencies and they’re not being advised. Sometimes the advice they’re receiving is not accurate.

“Most times it’s not the employer’s fault, it’s the immigration agency’s fault, where they have multiple contracts with various employers and if they try it with one application you can see where they can then do it for multiple applications because they deal with multiple clients.

“And so they say ‘OK I tried this before with Immigration, it worked and this becomes the norm in terms of the modus operandi with their clients’.

“Employers are ultimately responsible for compliance with both the policy and the Act.

“It is critical to select immigration agencies who uphold these standards. However, failure to comply cannot be blamed on the agency. Liability rests with the employer.

“With that said, I urge immigration agencies to operate responsibly and to a standard that protects not only the integrity of their business but also the interests of employers and work-permit holders.

“Work-permit holders found working without approval may be barred from future employment in Bermuda.

“Employers are strongly urged to verify the work-permit status of their employees to avoid severe consequences.”

The crackdown will also apply to visitors who remain in Bermuda for longer than the permitted 180 days within a 12-month period.

Mr Hayward said: “While in Bermuda, they are strictly prohibited from working or seeking work. Violations will result in restrictions on future entry.

“Note that visitor arrival and departure information is now tracked by the new border management system.

“Individuals who overstay are automatically flagged and referred to the immigration compliance section.

“I call on all employers, immigration agencies and work-permit holders to work in partnership with the Department of Immigration to ensure compliance.

“Together, we can foster a fair, efficient and well regulated system that supports economic growth and the continued success of our community.“

Mr Hayward said that changes to work-permit rules were in the pipeline.

Under the proposals, Bermudians will be protected if a company has to make staff cuts.

“High-level changes will be around layoffs, ensuring that if you have a Bermudian and a non-Bermudian in a like position, when it comes to layoffs the Bermudian is retained and the permit is laid off first and foremost.”

Guest workers will also have to take a test to demonstrate that they are proficient in English.

Mr Hayward said: “Public feedback will be welcomed to ensure the new policy meets the needs of all stakeholders and reflects our commitment to the continuous improvement of our immigration policy.”