Sponsored Dependants; How And Where Can They Work?

• Law Firm: Appleby
• Subject Matter: Employment and HR, Insurance, Immigration, Contract of Employment, Employee Benefits & Compensation, Insurance Laws and Products, General Immigration
• Author: Theodora Hand
• Published date: 25 January 2023

If a person arrives on the island under a work permit with their spouse or partner who is a sponsored dependant, can the sponsored dependant seek employment in Bermuda? Can they continue to work for an employer incorporated outside of Bermuda? Can they work for themselves? This article explores these frequently asked questions regarding sponsored dependants and their right to work.

WORKING IN BERMUDA

The Minister of Labour confirmed in an update on 24 October 2022 that sponsored dependants, both spouses and partners, are now automatically provided with permission to seek employment. Confusion may have arisen around this point because, during a previous economic downturn, the position was changed so that spouses and partners were not given automatic permission to seek employment in order to help local Bermudians. The position has now reverted.

Whilst sponsored dependants have permission to seek employment, they cannot work in Bermuda without a work permit.

WORKING FOR AN EMPLOYER OUTSIDE OF BERMUDA

Whilst sponsored dependants are given the right to reside, permission to seek employment is not the same as the right to work in Bermuda. Under Bermuda legislation, broadly speaking, only those with Bermuda status and their spouses, those with a Permanent Resident Certificate and those with a work permit can 'while in Bermuda ' engage in any gainful occupation'.

The question that arises therefore is whether an individual, by working remotely from Bermuda, is working 'while in Bermuda' for the purposes of the legislation. One good point of reference to answer this is the Global Work Permit or 'digital nomad' scheme. Under this scheme individuals are given the right to reside in Bermuda for a limited period of time but do not have the right to work or seek employment. The scheme is premised on the idea that individuals will come to the island and contribute economically to Bermuda through income earned from remote working for employers elsewhere around the world.

This means that the concept of working remotely for an employer off island is not problematic for those already with the right to reside, but does it also mean that a sponsored dependant must obtain a Global Work Permit in those circumstances? The Department of Immigration recently advised Appleby that an individual with the right to reside, who wishes to work remotely for an employer established off island may do so without a Global Work Permit provided that the employer does not have a local branch...