Companies could be facing a tough time bringing workers from developing nations to Bermuda because of a requirement that the UK, US or Canada must first issue a transit visa.

John Ferris, manager of Henry VIII Restaurant & Bar, has spent the last four months trying to get transit visas issued for three workers who live in Sri Lanka. The men were granted work permits by Bermuda Immigration in November.

However, they have been unable to secure transit visas, which would allow them to disembark one plane in London and board another plane to Bermuda. Mr. Ferris and the Sri Lankan men have been unable to convince the British Embassy in Colombo that the men are not a flight risk and want to come to Bermuda.

Mr. Ferris has sent the embassy all the necessary documentation from the Bermuda Immigration Department, a letter stating that the men are going to work for him and copies of their police records. He also told the embassy that the men would not have to leave the terminal they arrived at because the flight leaving to Bermuda is in the same area of the airport as the one arriving from Sri Lanka.

Mr. Ferris was so determined that the men be granted visas that he offered to put up a bond to guarantee their passage to Bermuda. The men have also been interviewed four times by immigration officials in Sri Lanka and expressed their intent to live and work in Bermuda and not England.

But Mr. Ferris did not take the refusals as a final decision and took it upon himself to write to Governor Sir John Vereker asking that he assist in sorting out the visa issue. Deputy Governor Nick Carter did make inquires about the situation but said the process of issuing transit visas did not involve Government House and that they had very little influence over it.

?When someone applies for a transit visa the immigration officer at the post where the application is made has to be satisfied from what he or she hears from the applicant that the applicant will indeed leave the UK,? he said. ?It has always been up to the applicant to satisfy the officer.

?The process doesn?t require letters from the employer in Bermuda. It all depends on the applicant to leave the officer with the impression that they will indeed leave the UK. It is entirely up to the immigration officer at the post.?

Despite the active involvement in the case by Mr. Ferris the embassy in Sri Lanka informed him that the visas had not been granted. He received a letter from Entry Clearance Manger Karen Hawker.

?Whilst the fact that there is a valid work permit for Bermuda, which is not disputed, the Entry Clearance Officer has to be satisfied that the applicants intention is to travel to Bermuda to take up employment. This is something that only the applicant can demonstrate and not the prospective employer.

?Whilst I accept that travelling via the UK is probably the most commonly used route to Bermuda, I am aware that it is not the only route that can be taken. It is open to the applicants to choose a different route which does not require them to transit the UK.?

Mr. Ferris described the situation as unacceptable. He said the men are severely disappointed because they have been hoping to come to the Island for some period of time.

?I don?t know if it is just Sri Lankan people being singled out but it?s a real shame,? he said. ?We have had quite a few workers come from Sri Lanka. They are hardworking and honest and we have enjoyed them.

?I have been told that there are 30 or 40 from Sri Lanka trying to get transit visas to Bermuda, I can?t be the only one this is affecting. It?s just such a shame because there is no way in future we can even consider trying to get employees from Sri Lanka.?

He said one thing he cannot understand is why the embassy believes the men would want to disembark a plane and enter the UK illegally instead of coming to Bermuda legally where they will earn more than they could in the UK.

When Deputy Governor Nick Carter was questioned about the logic of the immigration officer?s decision he said: ?The UK continues to be an attractive place for illegal immigrants. You would have to ask illegal immigrants why they chose the UK but it is much more than the apparent earning ability.?

It appears that the US is also withholding transit visas for some workers bound for Bermuda. An official from another company, who requested anonymity, said that his company has had problems bringing an employee from Ecuador. The US Immigration Department stated in a letter to the company that ?applicants must demonstrate strong social, economic and/or family ties outside the United States?. The company is now trying to secure a transit visa through Canada.

Mr. Ferris has contacted the Chamber of Commerce about the matter. The Chamber confirmed that they were looking into the issue.

The Chamber confirmed that a number of companies were having problems getting transit visas for people originating from developing countries.