BVI announces new work permit exemptions

The new list, reflected in the Labour Code (Work Permit Exemption) (Amendment) Order, 2024, introduces exemptions for:

• Emergency and humanitarian services (ie persons providing emergency and humanitarian services to BVI registered businesses, statutory bodies, non-profit organisations and other entities). This category applies to persons offering vital support in areas such as emergency response, medical care, firefighting, and rescue operations services, and will be helpful in situations of hurricane or other natural disaster.
• Essential repairs (ie persons providing repairs to machinery or equipment that are essential for the safe and uninterrupted operation of a business or facility where the necessary expertise is not available in the BVI). This category applies to individuals with specialised expertise required for urgent repairs to critical machinery or equipment, ensuring business continuity and public safety.
• Government or community events (ie persons providing recreational or entertainment services at events sponsored or hosted by Government, statutory bodies or Non-profit organisations). This category applies to performers or entertainers.

The above exemptions will initially apply for seven days, with extensions available on request, where this is necessary. Any BVI business wishing to utilise one of these exemptions for a service provider or staff-member must notify the Chief Immigration Officer 48 hours in advance of the individual’s arrival. However, in the event of an emergency, notification can occur just before the individual departs to the BVI.

While not in the new legislation, the Department of Labour and Workforce Development has also confirmed that the individuals must travel with a letter of invitation from the BVI business, which should be presented to immigration on arrival. These new categories operate in the same way as current work permit exemptions, including the exemption for attendance at a Board meeting.

The content of this article intends to provide a general guide to the new exemptions. If you have any specific questions regarding reliance on an exemption, or notifying the Department, please contact Harneys for further assistance.