Process For Reporting Immigration Infractions

December 19, 2018 | 39 Comments

[Updated] Minister of National Security Wayne Caines is holding a press conference this afternoon [Dec 19] which the Ministry said is “regarding the process of reporting breaches to Bermuda’s immigration laws.” We will have additional coverage later on and in the meantime the live video is below.

Update: The live broadcast has concluded and the 15-minute replay is below

Update 5.44pm: Minister of National Security said, “Good afternoon everyone. Firstly, I would like to acknowledge Mrs. Renee Ming JP, MP, Chair of the Immigration Board, and Mr. Mikkel Harris, Principal Compliance Officer from the Department of Immigration and thank them both for their participation here this afternoon. We are here today to remind the public of the complaints process for reporting Bermuda Immigration Law infractions.

“I am cognizant of the sensitivity surrounding reporting individuals who are breaking immigration laws. Many may be uncomfortable with the reporting process or unsure of what the reporting process is. I wish to assure the public that the process is designed to allow individuals to convey their concerns while having the option of maintaining their anonymity.

“The five ways to report an immigration complaint are as follows:

  • “1. By making an anonymous phone call to the Department of Immigration Tip Line at 296-5202
  • “2. Accessing the Department of Immigration Investigation Request Portal here.
  • “3. Sending an email outlining details of the breach to Immigrationcomplaints@gov.bm;
  • “4. Visiting the Department of Immigration to speak in person with a Compliance Inspector; or
  • “5. Sending a letter addressed to the Department of Immigration, First Floor Government Administration Building, 30 Parliament Street, Hamilton Bermuda outlining in detail the breach;

“Please note the Department of Immigration also receives complaints from internal Government Departments and the Bermuda Police Service.

“Once received, Immigration complaints are reviewed and processed as follows:

  • “1. Complaints are reviewed to ensure there is sufficient information to proceed.
  • “2. If sufficient information is provided, a case is created in the Compliance Investigation Manager system and later assigned to a Senior Immigration Inspector for investigation.
  • “3. Once an investigation is complete, it is forwarded to the Principal Compliance Officer for review, followed by a final review conducted by the Compliance Manager.
  • “4. Special circumstances often require that a complaint be forwarded to the Minister for a final decision.
  • “5. In the event of a fine, the review process is escalated to the Chief Immigration Officer who has the authority under Section 71 of BIPA 1956 to levy the requisite penalty.

“Some of the complaints frequently received are:

  • “1. Employers and/or employees who are suspected of being in breach of the Work Permit Policy
  • “2. Employers and/or employees suspected of operating beyond the scope of their approved work permit category
  • “3. Individuals who remain in Bermuda past the date permitted
  • “4. Any other matters where it is believed that someone has breached any of the provisions of the Bermuda Immigration and Protection Act 1956 or its related policies and procedures

“Immigration complaint investigations take between two and three months to conclude. In 2017 there were 150 complaints, and in 2018 there have been 115 complaints to date.

“The Department relies 100% on information provided from the public to enable them to investigate potential breaches. With this in mind, every effort has been made to make this process as convenient, and unobtrusive as possible.

“Again, I recognize the social ignominy which may follow reporting persons or companies, but cannot stress the need for the public’s involvement in this process.

“I ask all of Bermuda, if you see an individual or company in violation of an Immigration Law, I implore you to report it. As stated in the throne speech, this Government is committed to the people of Bermuda and is actively making the necessary amendments to Immigration Law and policy so that all Bermudians can enjoy a better and fairer Bermuda.”

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Comments (39)

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  1. Rocky5 says:

    Funny how there were several immigration prosecutions under the OBA Govt, but NONE under the all-talk, “supposed pro-Bermudian ” PLP??

    • original Swing Voter says:

      Funny how you don’t know crap. Those who know will understand!!!!

      • Question says:

        No, he’s right. The OBA enforced this type of thing, and there were prosecutions.
        Nothing like that under the PLPUBP. Too busy flying around on expensive trips and ordering cereal.

      • LaV says:

        Funny how you don’t realize how much like Trump you and your party are.

    • J Austen says:

      The short answer is Fahy was a zealot in more ways than one. Nothing worse than a convert to new religion, in his case being Bermudian.

      • question says:

        It’s amazing how someone will take the time to post this type of meaningless drivel. You must have absolutely nothing else to do.

        • LaV says:

          “It’s amazing how someone will take the time to post this type of meaningless drivel. ”

          now, google “irony”…munchkin

  2. stillwondering says:

    thanks for this – please also regulate the unscrupulous immigration agents who are out there making it hard for business owners and work permit applicants financially as they are misguiding their clients into penalties that could be avoided.

  3. Me says:

    More negative stuff treating guest workers like prisoners

    • Original bermudian says:

      Noop, just getting things real and legal.

    • Hopeful says:

      The only thing negative is your comment!

      All “Guest” workers are welcome in Bermuda. A reminder to adhere to the policies of one’s work permit does not make one a prisoner!

      I am a Bermudian employee and the last time I noted I was not a prisoner for adhering to my employment contract.

      If you want to talk about being held captive let’s have a conversation around Bermudians being made redundant and those who remained employed now having to do 3 or 4 people’s job. Now that’s modern day slavery!!

      • LaV says:

        “All “Guest” workers are welcome in Bermuda. A reminder to adhere to the policies of one’s work permit does not make one a prisoner!”

        Please explain why Tweed was allowed to break all the rules?

  4. Kevin says:

    Just listened to his presentation …same speech he gave 3 months ago …..…..clueless that he can catch it …and so are all you greenmachine lovers ….this government does not have any ideas when will you all get that message …its your home value that’s in stake here its all our value that is at stake just wait when they announce the devaluation of our dollar ……….its coming

    • Time Shall Tell says:

      So would you rather they flip-flop on everything or at the least stay consistent with something?

    • Hopeful says:

      Kevin, would you ever have the testicular fortitude to stand for public office?

      The Government being committed to making a fairer and better Bermuda does not make them anti-work permit holder.

      If a person with a work permit is breaching the policy of that permit, he/she are breaking the law! End of story!

      Thank you Minister Caines for all of your hard work!

      • LaV says:

        “Kevin, would you ever have the testicular fortitude to stand for public office?”

        Would you, hopeful? Or, are you all talk and no substance…like your government.

  5. Original bermudian says:

    Contract workers go home when your contract is expired, they should not continue working while waiting for immigration to reviews their applications.

  6. steve says:

    Wayne caines trying to throw out a couple of Nannys while giving the remaining expat nothing but an extended date into nothingness.everyone loved the titty milk but it wont keep you nourished. Oh well lots of people have told em so its on the PLP

  7. Sandgrownan says:

    Hacking around the edges of an economy in free fall. More PLP failure.

  8. Harry Buttle says:

    And what about the expatriates who have survived multiple years of scrutiny from the immigration board, stayed here one way or another for 20+ years and still have NOTHING to show from it. Comprehensive immigration reform INCLUDES people who have dedicated a significant part of their life to a place that wasn’t initially their place of birth.

    I understand you want to provide opportunities for Bermudians but people who have managed to be here for 20+ years must have some value to Bermuda or you would (or should) have kicked them off the island years ago.

    Lets be fair in this “comprehensive” immigration reform. Some of those “guests” have lived in Bermuda as adults longer than they have lived anywhere else including their “home country”.

    You either shut the door and take the licks or keep the door open and suffer the consequences.

  9. MM says:

    Folks would like to to be able to put food on the table. Folks need to be able to get back to work and have a future. Work permits need to be heavily scrutinised , clearing a backlog of 2200 applications in a few weeks makes me feel uncomfortable. I see foreigners operating cash registers , cutting hedges , mopping floors , making pizzas please tell me how long will it take to train locals a month maybe two months. I have worked shift work, weekends , and holidays for years it’s no problem when you understand the various industries. We don’t need an appearance of doing the right thing ,yes some Bermudians need to go back to school , some. Let not employers call for high qualifications for minor jobs .
    I

  10. Mute says:

    The immigration department is one giant infraction in itself.

  11. Legalgal says:

    Big brother is watching. Bah humbug and merry Christmas. Shop a human this Christmas.

  12. Otis says:

    Bermudian “as” all get out…

  13. facts of the rock says:

    when is he going to understand that he lost all public respect when he asked 2 girls for titty milk !

    • Woke says:

      I think you have a fetish for titty milk because you can’t seem to quit referring to it.

      Minister Caines I accept your apology.

  14. Hope says:

    It’s good to see the stats on the number of complaints, but it would also be good to know how many of those were followed through and resulted in either a penalty or the retraction of a work permit.

  15. Joe Bloggs says:

    What are the terms of the work permit issues to Rev. Nicholas Genevieve (aka Tweed)?

  16. J Austen says:

    Here’s a true story – A mate of mine, who is a white, born Bermudian gets a knock on his door at home from a very pleasant (under the circumstances) immigration officer saying that he has been observed doing lawn work and is he being paid for this and if he is not, it may still require a work permit. He explains, nice immigration officer is very apologetic… Similar thing happens to my mate about eight months later over moving boxes around Hamilton… Same outcome, somewhat embarrassed immigration officer. Very shortly thereafter, poor guy gets reported again, this time for running an auto repair business on the side without a, you guessed it, work permit. This time the immigration officer is less than amused and takes him aside and tells my buddy that he has to stop tricking people into reporting him because it is a waste of Immigration’s time. I gather the exact words were “Stop getting yourself reported.”

    Now on the face of it, this all seems very funny, but is it? I think deep down inside my mate thinks he has been victimized because of who he is and how he looks and I would agree with him. Of course Immigration has a job to do but surely after the first visit, they would have it on file that this one is a Bermudian?

    • sandgrownan says:

      Ah, but it’s a heavily politicised department, that makes up it’s own rules. The recent go slow, for example, was nothing more than a deliberate go-slow to make things difficult for permit holders because they thought they had a mandate to do so. The rhetoric from the PLP leadership would seem to back this up.

      The fact they were able to clear the backlog so quickly when directed to do so, would seem to indicate that this was nothing more than deliberate.

      The stupidity, of course, is that Bermudian business suffers.

  17. gustav says:

    oh yeah
    those evil work permit holder ……..
    they take all the job away from the real Bermudians.
    those who believe that , might still believe to santa as well.
    fact is : those evil expats bring more jobs to the island than the entire CS – just face it .
    what will be in Bermuda if all expats have to leave ?
    40 % of the governmental income is gone ( at least )
    is someone still believing that the jobs remain if the foreigners left ?
    fact is also that many of the jobs who are in hands of those evil foreigners , cant be done by locals , its just the missing skills and experience.
    despite that ,the political climate ( foreigners hate etc ) is increasing , taxes and living costs are increasing .
    therefore I have decided to close down my little biz here and go to an foreigners friendly island.
    be happy 2 evil expats are leaving ……
    plus two Bermudians who then can take over a job in the CS

    • Under Siege says:

      Bye.

      You are not owed anything. You chose to set up a business as an expat.

      Bermuda is not against expats. But, expats have to follow rules, just like everyone else. If you break the rules, then you’ll have to give an account…..simple.
      If you choose to leave, that is fine. The door is open for others to setup where you vacate.

      It’s about all of us and there must be a harmonious balance between visitor and locals.
      Visitors do not and can not have special privileges over and above the local.
      If we all play fair…..we all get to play.

      • Anonymous says:

        Ya, thats right, we don’t need any of you foreign bies down here taking all our jobs!

  18. Really says:

    And what about the outcome of companies that are caught violating rules. Still haven’t heard about the complaints of serpentine road. I guess the power over there is more than what flows in wires…… aye. Take down the environment flag and stick up the maple leaf next to the soon to be for sale sign

  19. Under Siege says:

    Seems that there are no legitimate work permit holders. By the comments, there is a big fear of being asked to leave Bermuda.

    All permit holders are not equal.
    Some are here to actually do a job and want to return home with earnings. Others are here to enjoy life and exploit the tiny island of Bermuda for all they can.
    We all know the lying takes place for work permits. It is time the Government made the playing field fair for all….. locals and visitors alike.
    I native should never ever be made to feel second class in their own home….Period.

    No visitor should ever feel more empowered than the natives of any nation. That causes tension.

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