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
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A civil penalty may be levied on both the individual and employer, which must be paid before a new work permit is considered.
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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.
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The individual may be placed on the Bermuda Stop List.
Penalties for Work Permit Holders Terminated for Misconduct or Gross Misconduct
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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.
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The individual will not be granted permission to reside and seek employment.
Penalties for Persons Working Outside the Scope of Their Work Permit
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A civil penalty may be levied on both the individual and employer, which must be paid before a new work permit is considered.
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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
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The individual will be instructed to immediately depart Bermuda.
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Re-entry may be prohibited for at least 12 months from date of departure from Bermuda.
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The individual may be placed on the Bermuda Stop List.
Penalties for Visitors Engaging in Employment
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The individual will be instructed to immediately depart Bermuda.
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The individual may be placed on the Bermuda Stop List.
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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.
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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:
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Apply for a work permit (if already employed in Bermuda); or
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Apply for permission to reside and seek employment (if not currently working); or
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Apply for Ex-Spouse’s Employment Rights under Section 6.1 of the Work Permit Policy.
Penalties:
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Individuals who continue to reside in Bermuda without the Minister's permission may be directed to immediately settle their affairs and leave Bermuda.
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Those found working without permission may face civil penalties for both the individual and employer.
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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 246-809