Video: Minister On Immigration, Protection Order

Minister of Economy and Labour Jason Hayward held a press conference to provide an update on the Bermuda Immigration and Protection [Prohibition of Entry] Order 2023.

Minister Hayward’s remarks:

Good morning.

Today, I wish to provide an update on the Bermuda Immigration and Protection [Prohibition of Entry] Order 2023 [“the Order”].

I want to begin by stating that protecting Bermuda’s borders and its people is of utmost importance to the Government. Bermuda must have a robust system in place to regulate the movement of people into the country. Having a robust system is vital to our shared prosperity and national security.

Before I talk about the Order, I want to revisit the process effected by the Department of Immigration [“the Department”] during the period 2011-2013.

During these years, the Department issued Bermuda entry visas. In the main, all tourist visitors listed on Bermuda’s Visa Controlled Nationals [VCNs] list required a Bermuda entry visa or could apply for a visa waiver, except visitors from Brazil, Russia, India, and China. The visa waiver was not automatic, and a fee of $200.00 was charged.

Persons on standard work permits who were Visa Controlled Nationals required a Bermuda entry visa and were not allowed to apply for a visa waiver.

Notwithstanding Bermuda entry visas and visa waivers were being processed by the Department, there was still the requirement for several Visa Controlled Nationals to also apply for a multi-re-entry visa [MRV] to transit to the UK, US, or Canada. Applications for re-entry visas were made through the various missions/embassies worldwide, where their checks and balances were thorough and reliable.

On March 1, 2014, Bermuda’s policy changed, and the requirement for Bermuda entry visas and visa waivers was done away with. The change resulted from high confidence in the work of the missions/embassies for multi-re-entry visa applications.

Commensurate with the new reliance on the work of the missions/embassies for all persons who required a multi-re-entry visa, that visa had to be valid for 45 days after the expiration of a visitor stay and/or of the work permit.

Equally, multi-entry visa holders had to possess a passport valid for 45 days past the expiration of travel and/or the work permit. Additionally, Officers on duty at the L.F. Wade International Airport proactively vetted travellers’ multi-re-entry visas and passports, and if either or both were not in compliance with the policy, travellers were not granted entry into Bermuda.

It should be noted that the change in commercial air service from London to Bermuda – that is, service from Gatwick Airport being replaced by service from Heathrow Airport – could not have been anticipated when Bermuda changed its policy in March 2014.

Although the change opened a wide and diverse range of flight connections for persons travelling to and from Bermuda, it reduced the vetting and security checks that Bermuda relied upon, by allowing Visa Control Nationals to transit to Bermuda without visa restrictions. This, ultimately, created a security risk for Bermuda.

The Order, effective on August 11, 2023, is a means to reinforce the intent of the 2014 policy by ensuring that security and vetting take place before an individual arrives in Bermuda and by ensuring that tourist visitors and residents of Bermuda have ready-access to the US, UK, and Canada through commercial air service.

Tourist visitors who are impacted by clause 1 of the Order must possess travel authorization in line with clause 3[1], namely that they:

“may not enter Bermuda unless they have travel authorization to enter and re-enter Canada, the United Kingdom or the United States, such travel authorization being valid for a period of forty-five [45] days from the date of intended departure from Bermuda”

If they do not comply and arrive in Bermuda somehow, they will be refused entry.

I also want to provide clarity with respect to work permit and permanent resident’s certificate holders [PRCs].

First, work permit holders. [1] Persons who are already resident in Bermuda but who travelled outside of Bermuda prior to August 11, 2023, and have not yet returned and possess a valid standard work permit which does not contain a visa condition will be permitted to re-enter Bermuda without the requirement to comply with clause 3[1]. They do not need to provide proof of travel authorization to enter and re-enter Canada, the UK, or the US upon arrival in Bermuda.

[2] Persons who will be first-time residents in Bermuda and who possess a valid standard work permit which does not contain a visa condition and was issued prior to or after August 11, 2023, will also be permitted to enter Bermuda without the requirement to comply with clause 3[1]. They do not need to provide proof of travel authorization to enter and re-enter Canada, the UK, or the US upon arrival in Bermuda.

Sponsored Dependants [as defined in the Department’s current work permit policies] who possess valid permission to reside in Bermuda and who are attached to one of the foregoing scenarios will be permitted to re-enter or enter Bermuda, as applicable.

[3] Persons who obtain a short-term work permit [emergency included], whether issued before or after August 11, 2023, must comply with clause 3[1]. Without question, they must provide proof of travel authorization to enter and re-enter Canada, the UK, or the US, upon arrival in Bermuda, and the travel authorization must be valid for forty-five [45] days from the date of intended departure from Bermuda. If they do not comply, they will be refused entry.

Second, Permanent Resident’s Certificate and Resident Certificate holders. As with already resident standard work permit holders, PRCs and RCs who travelled outside of Bermuda prior to August 11, 2023, or after who are affected by clause 1 of the Order, will be permitted to re-enter Bermuda without the requirement to comply with clause 3[1]. They do not need to provide proof of travel authorization to enter and re-enter Canada, the UK, or the US upon arrival in Bermuda.

These changes directly align with strategic priority three of Bermuda’s Immigration Reform to strengthen the enforcement of laws and policies. As stated in July, the Government sought to review the current compliance framework to determine if there is a need to increase the deterrents set out in our current laws.

What has been made abundantly clear in recent weeks is that there was insufficient clarity for the public regarding which nationalities were Visa Controlled Nationals. The published Order now clarifies that concern. Visas are not a perfect solution to the problem of border security, but they are an essential tool that Governments can use to protect their borders and citizens.

For questions about the Order, contact the Department of Immigration at 30 Parliament Street or call 246-8093.

Thank you.

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