Cabinet revises criteria to apply for Work Permit Exemption
The Cabinet has issued a raft of new guidelines after it revoked the work permit exemption policy that was previously in place.
According to a post-Cabinet statement on its August 18 meeting, the new guidelines took effect on August 23.
Under this revised policy, all applications for Work Permit Exemptions must be sent to the Labour Minister for approval after they are submitted to his ministry for processing.
Cabinet also decided to reduced the categories of persons that are eligible for work permit exemption. The number of categories is now down to three and these include exemption by marriage, exemption by education, and exemption by a minister’s discretion.
Previously, persons residing in the territory for 15 or more consecutive years were eligible to apply for work permit exemption.
Exemption by Marriage
Cabinet advised that persons applying in the ‘marriage’ category can now do so immediately after marrying a BVIslander or Belonger.
An approved person under this category will receive their exemption for a fixed period of six years, maximum. At year number-five, an application for Belongership by Marriage should be made with the Immigration Department.
Importantly, Cabinet advised that any applications from spouses residing outside of the territory will be denied. Cabinet also stated that this category of exemption will be linked to a specific employer. It said any change in employer or employment, before the expiration of the exemption, will result in the exemption being automatically cancelled.
Further to this, Cabinet said any awarded exemption is to be revoked if a person becomes divorced, legally separated, or leaves the territory for more than 90 days without previous permission.
Notably, a work permit exemption will not be revoked if the holder has, at any time, obtained a protection order against their spouse under the territory’s Domestic Violence Act.
Exemption by Minister’s discretion
Under the revised Labour policy, a person who is granted Exemption at the Minister’s Discretion would not be eligible for Exemption by Marriage.
The ‘Exemption by Minister’s Discretion’ category will be also be linked to a specific employer and any change in employment before the expiration of the exemption will nullify the exemption previously awarded.
A person is only eligible to reapply after one year from the date of the originally denied application, Cabinet advised.
This category also offers the option to apply for a renewal of an expired work permit exemption. Cabinet said the exemption will be revoked if a person is residing outside of the territory for more than 90 days without prior permission.
The aforesaid Cabinet document did not issue any guidelines for persons requesting exemption under the category of Education.
Non-refundable fees for all categories of exemption will remain in place.
Why was the new policy implemented
Labour Minister Vincent Wheatley has repeatedly cautioned persons that the issuance of a work permit exemption does not confer a new Immigration status on any person.
In the meantime, Cabinet said the new Labour policy was done “to better reflect the government’s ever-evolving strategy on immigration and labour reform in the territory”.
It was also done to streamline and reduce illegal trends associated with work permit exemption holders. These include illegal work and movement throughout the territory.
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It should also be given to expat kids who went thru the BVI school system
I take it you didn’t make it through school as education is listed as a way of gaining exemption , that means go through the school system
Young Adults who were raised here by ex pat parent work permit holders have a very difficult time returning ‘home’ to a place with which they have few ties. The VIs have been their home all their lives and is the place their loyalty lies- this should be a consideration.
There should be a set of guidelines. And giving the Minister sole discretion over the application opens the opportunity for abuse and corruption. It should be an apolitical (meaning non-politics) process because the effect of the decision to grant a person work permit exemption will impact a lot of segment of the society. Prepare a set of guidelines and let the career personalities in the department of Labour decide on the applicaton.
THIS TELLS ME I’LL BE APPLYING FOR PERMANET RESIDENT NEXT YEAR .
Exactly,
If it is not a status, then how comes you are not allowing persons to apply for residency after 18 years of residing in the territory?
How does this figure in to the desire to get inward investment? Non-belongers who are owner-managers are still required to get a work permit each year, so not only do they pay higher amounts for trade licenses, higher rates for stamp duty you want to continue to keep them humble by getting them to pay thousands each year for a work permit. Even for people who are here 20+ years????
When will we see the three-year work permits allowed under the Labor Code passed nearly 12 years ago? Any entrepreneurs in the World looking for a place to grow a business and a life ought to consider literally any other country. Did you all learn your international relation skills from the Taliban?
BVI’s work permit fees are so low compared to other Caribbean countries, I am not sure what you are talking about. Yes, go to Cayman and deal with the $45K work permit fees there and other restrictions.
it may be expensive for permit fees in the cayman islands but after 9yrs, you are a resident. go look it up. this place have to future for people who trying to make something for themselves. you have to give back to much of your life to this country before you can start one for yourself, and by then its to late for you.
In Cayman too, if one spouse gets a work permit then the other spouse can automatically work too. The BVI has wasted a huge amount of available talent over the years by actively preventing spouses from getting their own permits.
this change is dumb and wicked. you had to wait 20yrs to apply. same 20yrs to apply for residency status. so all you were doing is giving some people a lil reprieve until their residency status comes.
Unless you staying that residency applications will now be processed faster and no need for exemption then the change is ok.
Now God is watching. You all have power on earth. But remember is the same people put u guys in. Wait for it. That makes no sense. How comes everytime carbinet makes a decision no one ever question it. Its shameful how u guys killing the country. Come on. The peole put alu there and now u reaping their eyes out lord help us. U telling me after all them hard years of workin 16yrs that undividual is not allow to get an exemption. Lies. Wickedness. Jesus help us.
I see the fees on another news site stating $100. For application and $400. Maybe if granted. I think some ppl work permit fees are cheaper than that. Idk.
Put people in power and they turn around and find all kinds of ways to make life difficult for others. No respect for persons who have been here for years contributing to the economy. Wheatley wicked but the Premier and others are also even more wicked as they stand by and all agree to this. 99 days for the thief! Carry on…..a piece of humble pie will soon be served to some of you by the Almighty.
I guess the ‘at ministers discretion’ means how much of a bung can you give them.
You can stick your exemption where the sun doesn’t shine it’s worth half of nothing
So if u live here for 15 trs an can not get a exemption after paying all these tax for 15 yrs always a good resident then why the point live in this place…people will start living
The bvi is falling ,the caricom state movement is working, every expat soon leave the bvi,free movement yes sah
This is wickedness
The expats are here because of poverty in there country the are working paying tax so that the government workers can get pay and all other bill including the landlord mortgage
And the don’t get no rights in the bvi
Ayo must always remember there is a god and he don’t like wicked
Hurricane season ain’t finished as yet, it will make history if Irma repeat herself but more worst
Stop doing people wickedness… it will come back you soon or later.
Live frugally as possible. Save as much of your money as you can. Stop participating in their activities and putting money in their pockets. Have your goal an agenda. 15 years max. Live meager save and return to your country. Turn your face the other direction to stuff that ain’t your business. Let them deal with them own issues. Save to bounce. Leave the people them land for them. Stop let them use and discard you like waste.v
If I wanted exemption, I would not worry because one of the categories is “at the Minister’s discretion”. Everyone who applies will be granted an exemption. Not to worry.
go home