Extension of Spouse's Employment Rights (ESER)

These privileges include:

1. to reside in Bermuda,
2. to seek employment in Bermuda without restriction,
3. to continue to work in that employment without having to apply to the Department for a work permit, if one is already employed, and
4. to retire from work and reside in Bermuda without the need to apply for any additional permission to do so.

A person wishing to apply for the ESER is required to submit certain documents in support of his or her application immediately following the date of the custody court order. These include:

1. a completed ESER Application Form
2. two (2) passport-type photographs of the applicant;
3. a certified copy of the applicant's birth certificate or passport;
4. a certified copy of the divorce decree absolute;
5. a certified copy of each child‘s birth certificate or passport to whom the divorced parent is attaching his/her request for the ESER); if older than eighteen (18) years but under twenty-five (25) years, proof that the child is in college/university on a full time basis; i.e. letters/transcripts from learning institutions, including relevant dates;
6. proof of custody – sole or joint;
7. proof that the applicant had exercised, or was eligible to exercise, his or her spouse's employment rights immediately prior to the divorce (i.e. letters from the applicant's employers), or proof of the former Bermudian spouse's ordinary residence in Bermuda (i.e. letters from the former Bermudian spouse's employers), or a letter from a professional person attesting to the continuous ordinary residence in Bermuda of the applicant's former Bermudian spouse;
8. two (2) character references in support of the application; and
9. proof that financial obligations are up-to-date, especially if payments have been mandated by the court.

Upon the finality of a divorce and if the ex-spouse is already employed in Bermuda but custody of the child(ren) has not been settled, the employer must apply for a Standard Work Permit in order for the ex-spouse to continue working in Bermuda.

The Minister has the right to revoke the ESER at any time under section 34 of the Act. Without prejudice to the generality of the Minister's rights under the Act, non-exhaustive examples of occurrences which could lead to the revocation of an ESER are as follows: the ESER was obtained by fraud, false pretenses or concealment of a material fact; or the holder is convicted of a crime, whether in Bermuda or abroad, which resulted (or would have resulted if convicted in Bermuda) in a sentence or a term of imprisonment of two (2) years or more whether or not the sentence was served in full or suspended; or the holder resides outside Bermuda for two (2) years or more, without seeking leave from the Minister to do so prior to his or her departure.