Employers are being urged to submit occupations they consider to be "key" and therefore eligible for exemption from the work permit limits to the Department of Immigration before a final list is determined.

That was one of the statements made by Assistant Chief immigration Officer Rozy Azhar during a seminar this week on work permit limits.

Work permit limits come into effect on April 1, 2007 when non-Bermudians who have been working on the Island since before April 1, 2006 will have to leave if they have not been granted extensions.

Mrs. Azhar is asking employers to start the process early in applying for exemptions for their key positions or make arrangements for the replacement of staff that will not remain after the expiration of their work permit in 2007.

Changes to the work permit policy announced by the Minister of Immigration in early 2005 regarding key occupations has not been written into policy as the Minister is still receiving representations from various industries, she said.

When he is satisfied that all have had an opportunity to be heard he will submit the list of occupations to Cabinet for approval as the final step before publishing any policy.

These are some fo the other questions that were raised during the seminar:

What happens in the case where one work permit holder qualifies as a key employee and is exempt from term limits but his or her working spouse does not qualify for an extension? Will the spouse without the exemption be prevented from working?

While the spouse will not be asked to leave Bermuda if he or she is in a position subject to term limits, any applications for renewal of work permits will be reviewed to ensure any further approvals will not be an impediment to the career paths of Bermudians.

In addition, unlike spouses of Bermudians, spouses of Permanent Resident's Certificate (PRC) holders (who arrived before August 1989) do not accrue benefits from marrying the holder of a PRC.

"When reviewing any work permit application one criterion is to ensure Bermudians are not stymied from achieving their career goals," Ms Azhar said.

She added that if the spouse reaches the six-year limit, the Immigration Department will assess if there are Bermudians that may want to be promoted into the position.

"The bottom line is that it is case by case basis. If it appears that there are Bermudians available to serve in that position then it is likely then their work permit will not be reviewed."

What is the difference between a key position and a key person?

It depends on the position, most times people are asking for the position rather than the person. Both persons and positions may independently be deemed key. An actuary, chief executive or chief financial officer is likely to be deemed key regardless of which individual fills the position as only highly skilled persons meet the requirements of that position. Alternatively, a person with a specialised skill set or experience unique to that person may meet the criteria of a key person even though the position he or she fills might not normally require that level of skill and experience.

"You may have people who may not be in categories that are deemed key, at a lower level. For instance it could be an electrician who may have many years of experience, have trained Bermudians and may meet the criteria of a key person."

What are the requirements for an extension and does and employee have to be key?

Examples occur where an employee is needed to complete a specific project or where the employer needs more time to recruit another person or prepare a Bermudian for the role.

"The Institutes of Architects had made an application for architects and architectural technologist to be extended because of the heated construction industry and they wanted them to be extended because of the outstanding projects."

Mrs. Azhar said the reference to the worldwide shortage in a given industry or occupation (such as nurses or actuaries) is not merely a difficulty in recruiting.

If an employer wants to apply to the Minister of Immigration for the category to be added to the list of categories where there is a worldwide shortage, he or she must get an agreement with other employers in the same industry.

Also an application should include documentation from publications abroad substantiating the claim to a worldwide shortage in the industry such as nurses and other medical technicians.

One person commented that a lot of people feel that good corporate citizen status discriminates against small companies and is only available to the very large corporations who are endowing large charitable donations.

Companies granted Good Corporate Citizen status can apply for permission in principle to hire non-Bermudian staff in categories where there is a worldwide shortage or where the position or person is key.

If the company is granted permission in principle then it does not necessarily have to advertise each individual application but if an employer chooses not to advertise each application, he or she will still be required to advertise the position on a periodic basis, such as every three months.

Mrs. Azhar said small companies can apply for Good Corporate Citizen status and the requirement for advertising a position depends on the industry.

"Banks, for example, who have a lot of accountants, can apply every three months but some positions you can advertise every six months because you don't have a lot of those positions."

Phil Barnett chairperson of the restaurant division of the Chamber of Commerce said some people in the hospitality industry have concerns that employees without PhD's or specialised degrees will be treated differently.

He also said some people think they know what certain positions entail such as servers without addressing their individual contribution or attitude or the relationship they have made with customers.

"The criteria does not mention PhDs, although it does talk about people having qualified expertise.

"If a person has crucial business contacts, that can be applied to very good waiter who people come in for and if they weren't there, the business would suffer greatly. You wouldn't be applying for the position but you can certainly make the application for the person."