Onus Shifts To Justify Work Permit Exemption

A shift in the interpretation of a key section of employment and immigration legislation has put the onus on companies to justify why their senior executives should qualify for a Permanent Resident's Certificate (PRC).

Currently, the only pathway to obtain PRC status is through the Incentive for Job Makers Acts 2011 and 2013 (Job Makers Act), which amended section 31A of the Bermuda Immigration and Protection Act 1956 and inserted section 3B of the Economic Development Act 1968 (Economic Development Act).

The Job Makers Act provides exemptions to senior executives or those responsible for creating job(s) for Bermudians and who are critical to the continuity of the company in Bermuda, from needing a work permit.