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| Barbados is
a Caribbean Island of 166 square miles and a population of approximately
275,000. Notwithstanding the considerably high education level of
its population, Parliament, by virtue of the Immigration Act Cap 190 recognises
the necessity to recruit foreign personnel to assist in the Island's development.
The necessity for specialised foreign labour has increased in the context
of the island's burgeoning offshore industry which caters to the
formation of a variety of offshore entities and trusts. |
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| One peculiar
feature of the Barbados market is that entities engage in active business
with a concomitant demand for the redeployment of certain skill and expertise
from other parts of the world, including Canada, United States, and Europe,
to facilitate the operation of these businesses. |
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| Immigration |
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| The
Immigration Act (the Act) is the relevant governing law. Part III
of the Act prohibits an individual who is not: |
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i) a citizen
within the meaning of the Barbados Citizenship Act,
ii) a permanent
resident within Section 5 of the Act, or
iii) an immigrant
as defined by Section 6 of the Act, |
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| from "engaging
in any occupation or accepting employment" in the Island without the necessary
work permits of the Minister of Home Affairs. Nor can an employer
offer employment to such an individual, unless a permit has been issued
in respect of that particular foreign-based employee. |
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| The entitlement
to work in Barbados without the necessity of applying for a work permit
is reserved for these three categories of persons. |
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| Permanent
resident status and immigrant status may be useful methods of entry into
the Island to work. Such methods are, however, generally pursued
by those seeking to create more permanent ties to the Island outside of
work itself. |
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| Permanent
resident status may be acquired upon application in the prescribed form
by a permitted entrant who had previously been accorded the status of an
immigrant by the Minister and has since resided in Barbados for a period
of not less than 5 years or is the spouse of a person who is a citizen
of Barbados whether by descent or birth. |
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| Immigrant
status is more flexible and may be acquired by any interested person who
satisfies the Minister that "by reason of his education, occupational qualifications,
personal history, employment record, training, skills or other special
qualifications has established himself successfully in Barbados in a profession,
trade, business or agricultural enterprise" or by virtue of which is not
only likely to excel in these areas but has sufficient means to maintain
himself and his dependants in Barbados in the interim. |
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| Work permits |
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| The more usual
course is to apply for a work permit. There are no limitations on
the persons who may apply for a work permit, but it is understood that
immigration policy requires persons offering some skill or expertise which
supplements the domestic labour market. Application for a work permit
must be in the prescribed Form C1. Where the application is for a
period not exceeding 6 months, Form C3 is appropriate. In the case
where the applicant has been offered a job, the prospective employer must,
in addition to the forms furnished by the proposed employee, supply the
Department with the appropriate information in Form C2. |
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| Formalities.
The usual formalities of the age, sex, nationality and country of permanent
residence of the applicant must be stated in Form C1. |
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| The applicant
must also indicate his proposed address and where the applicant has been
offered employment, the name and address of the prospective employer.
Other pertinent information includes: the nature of the proposed occupation,
the marital status of the applicant, and the identity of any dependants
of the applicant who will be travelling with the applicant. An outline
detailing the names and addresses of colleges, universities and educational
institutions including trade and vocational institutions attended, the
duration of the course of study, certificates and degrees received is also
requested. Any additional qualifications, skills and proficiency
in the use of tools, machines or other equipment, and a list of licenses
relating to a profession, trade or other qualifications, should also be
detailed. |
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| A brief outline
of the applicant's employment history, within three years prior to the
application, must be documented including the duties involved, the hours
of work, and a list of tools, machines and other equipment utilized in
that capacity. Where this brief employment history does not include
an occupation relating to the proposed area of employment for which the
permit is being sought, any previous employment in a related area should
be documented. If any sums are to be repatriated to persons overseas
these persons should be listed on the application. |
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| Documentation.
Documents must be lodged in support of any information supplied in the
application forms. Such documents include photographs of the applicant,
one of which must be a certified true photograph of the applicant, a police
certificate of character (or affidavit of character where the first is
not possible) preferably from the foreign employee's country of residence,
two written character references and, in the case of an application for
an extension, a Tax Clearance Certificate from the Commissioner of Inland
Revenue. |
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| Documentary
evidence of the qualifications of the foreign employee is also required.
As it is not always feasible to provide original documents, notarized copies
are allowed. A photocopy may be provided with the original where
the return of the original is urgently required. Documents which
are not in the English language are to be translated. Translation
services are offered locally and forwarded to the Immigration Department
together with the certification of the Translator as to the accuracy of
the translation and the competency of the translator. Affidavits
or published materials are also acceptable evidence of the foreign employee's
qualifications in the capacity deposed to. A medical certificate,
preferably, though not exclusively, from a local medical practitioner,
chest x-rays or results of chest x-rays if carried out locally, are also
required. |
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| Fees payable.
A fee of BDS$100 is payable at the time of application. A receipt,
under hand of the Accountant-General, evidencing payment of the same may
be submitted. Annual fees are also payable in respect of work permits.
The annual fees vary according to the nature of employment involved.
Where the work permit is for a period exceeding one year, the sum is multiplied
accordingly and is payable in advance. |
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| Obligation
of foreign employer. Where there has been an offer of employment
to the foreign employee, the employer must also submit an application on
his or her behalf. In addition to providing the name of the proposed
employee, the employer must indicate the full name, telephone number, address
or registered office and the address or location where the proposed foreign
employee is expected to work |
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| A brief description
of the nature of the employer's business or activity, the capital formation
of the company outlining its share capital, number of shares and the percentage
of ownership held by citizens of Barbados, permanent residents, and other
individuals is also required. If the applicant company is a subsidiary
or affiliate of a foreign-based company, the name of the parent company
should be indicated. |
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| Information
relating to the conditions of work for the employee is also solicited on
the form. These queries include: the number of employees performing
the same work as the foreign employee, the number of employees working
with the foreign employee, the date from which the employment is to start,
whether the proposed position is seasonal, and the number of positions
to be filled by foreign labour pursuant to the company's application. |
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| The job title
must also be indicated as the Ministry is interested in verifying that
the position in question is not unionized or the subject of an existing
labour dispute. The proposed salary must be indicated, including
any rates for overtime, commissions or otherwise, the job to be performed
and the equipment to be utilised in the process. Further, the basic
education, training and practical requirements for the position must be
submitted in detail. The precise position of the foreign employee
must be identified, including the supervisory position governing the proposed
position of the foreign employee, the type and degree of any such supervision
and, where the foreign employee holds a supervisory position, the number
of persons to be supervised by the foreign employee. |
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| Government
policy generally |
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| Government
policy is to create a balance between the domestic labour market and the
skill and assistance which may be acquired from foreign personnel.
As such, prospective employers must verify that they would have employed
a citizen of Barbados to fill the position if such an individual with the
requisite qualifications were available. To satisfy this requirement,
it is usual for the proposed employer to place an advertisement in one
of the local newspapers searching for an individual from Barbados to fill
the position. The proposed employer may also enquire of the public
whether there is any substantiated reason for any objection to the employer's
intentions to apply for a work permit for a foreign employee. This
requirement does not apply to foreign personnel employed by offshore entities. |
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| It is usually
advisable for prospective foreign personnel to obtain work permits.
Although permanent resident status and immigrant status affords the opportunity
for the foreign-based individual to work in the Island, this is useful
for the person desiring a permanent connection to the Island only, since,
in these cases, the individual is taxed similarly to the ordinary Barbadian
citizen. |
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| Taxation as
a non-resident under the Income Tax Act renders only that income derived
from within Barbados subject to tax. If the foreign employee
is to be employed by an international business company, advantage can be
taken of the concessions available under section 12 of the International
Business Companies Act. Section 12 provides that where an international
business company requires "the services of a specially qualified person
so as to carry out its business effectively from within Barbados", and
these services are not obtainable outside Barbados without the grant of
special tax concessions, the Minister may concede tax benefits to
the employee. Such benefits may include: exemption from income tax
in Barbados, payment of the salary in a foreign currency in a trust account
exempting from taxation both the amount paid or the interest payable thereon,
or payment in any other manner in another currency exempt from taxation. |
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| Conclusion |
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| Work permits
are generally granted without much difficulty to foreign employees of offshore
entities in recognition of the foreign interests involved in these enterprises.
The island proudly boasts several such companies which accommodate the
transfer of foreign personnel. Professional service providers are
also available locally to facilitate the application processes. |
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