With their sizeable expatriate populations, British Overseas Territories are implementing new policy measures to deal with the impact of the pandemic on the local workforce
Coronavirus is having a wide-ranging, unforeseen impact on the British Overseas Territories. One way in which the pandemic is having an effect is on migrant workers who traditionally make up a large sector of the working population.
Bermuda
The government of Bermuda is providing temporary financial assistance, a payment that is traditionally only available to Bermudians, spouses of Bermudians, and permanent resident certificate holders, to all persons who are unemployed or furloughed during this period including those holding valid work permits.
In order to be eligible, employees must meet the definition of an employee under the Employment Act 2000 and be either Bermudian, the spouse of a Bermudian, a permanent resident certificate holder, or the holder of a valid work permit who is unable to leave Bermuda due to travel restrictions. Eligible applicants must have been fully employed and because of Covid-19 have either been laid off, had their employment terminated, been placed on mandatory medical quarantine without compensation from their employer, or be self-employed individuals who are no longer employed as a result of Covid-19.
The unemployment benefit will be paid to eligible employees not currently on financial assistance in an amount equivalent to 60% of their gross earnings up to a maximum of $500 per week. Where the eligible applicant is receiving a percentage of their salary from their employer and the amount they receive is less than $500 per week, the applicant will be entitled to the difference up to a gross amount of $500.
It is anticipated that the unemployment benefit will be paid for a maximum of twelve weeks. Thereafter applicants may apply for financial assistance, if needed.
The Immigration Department has resumed the processing of existing applications with a reduced workforce under social distancing conditions. Applications which were submitted prior to or on March 18, 2020, are being given priority. New applications should not be submitted to the department. Any visitor who requires an extension of stay in Bermuda due to travel restrictions caused by the pandemic will not be penalised for overstaying their term. The issue of emergency passports needed for medical purposes is also being addressed.
New work permit applications and those relating to the renewal of a permit may only be submitted once the Immigration Department officially re-opens. All other applications will be considered on their own merits pursuant to current work permit policies once ordinary business resumes. All other applications including those for residency, land licences, permanent resident’s certificates, Bermudian status, and naturalisation, may only be submitted once the department has officially re-opened.
British Virgin Islands
Various government departments in the British Virgin Islands are working collaboratively on immigration matters with the issue of work permit extensions being dealt with by the attorney general’s chambers. The Department of Immigration is working on a case-by-case basis to explore the options available for work permit holders to remain in the territory until they can return to work. The department has also prioritised entry into the territory for specialised services critical to Covid-19.
Under the laws of British Virgin Islands, employers have the power to lay off employees for three months before they are required to offer a severance packages. The government has advised that work permit holders who have been laid off but who may not be able to return to their countries of origin due to travel or other restrictions, will not be compelled to leave the territory immediately but will be granted a grace period of an as yet undetermined duration.
Cayman Islands
The Needs Assessment Unit in the Cayman Islands is providing assistance in the form of food vouchers for vulnerable Caymanians and the government has also received applications from work permit holders for assistance.
Officials at Workforce Opportunities and Residency Cayman are working to introduce new policies to enable the filing of new work permit applications under the current conditions including mechanisms to facilitate payment of fees.
Inadvertent breaches of immigration law, for example caused by persons remaining past the expiration of their immigration permissions, will not be prosecuted. Instead, the Cayman government has extended an amnesty effective immediately to the estimated hundreds of visitors and work permit holders who may find themselves unable to leave the territory due to border closures, and an amendment to the Customs and Border Control Law 2018 to this effect was passed by the Legislative Assembly today. The amnesty will remain in effect until further notice, but the government is encouraging persons to regularise their immigration status as soon as possible.
