Travel to and from Bermuda is a privilege rather than a right – and in some cases may require travellers to obtain visas or waivers.

One of the most popular misconceptions is that people who are on the 'Stop List' are permanently ineligible from travelling to the United States ('US'). There is no 'Stop List'; this is a misleading description of the US Immigration procedure. A person becomes ineligible to travel to the US if guilty of certain crimes, including drug crimes ('Excludable Offences'). Current US law provides that any foreign national who has committed an Excludable Offence pursuant to the United States Immigration and Nationality Act is permanently ineligible to enter the US.

However, a person may apply for a waiver from the US Department of Homeland Security through the US Consulate, and if successful may be granted a visa for travel to the US.

The procedure for applying for a waiver is set out on the US Consulate website (http://hamilton.usconsulate.gov) and much of the process is conducted online. All applicants for a waiver must complete a Bermuda Police Certificate Request Form and present a police certificate from any other jurisdiction in which they have resided for more than six months in the past ten years. If the offence committed occurred outside Bermuda the applicant must obtain a police certificate from that jurisdiction even if the applicant lived in that country for less than six months or did not live there.

An applicant must also prepare all other documentation as set out in the 'How to Apply' section on the website, which is reached through the 'Non-Immigration Visas' section, which is reached through the 'Visas to the US' line. Once their documentation is complete, the applicant must book an appointment online for an interview at the Consulate.

At the interview, the applicant will submit the documentation, which will be reviewed. A decision is subsequently made as to the magnitude of the crime that led to ineligibility (for example, murder is a crime against which ineligibility will not be waived) and whether to refer the application to the Department of Homeland Security for a waiver. If such referral is made, and the Department of Homeland Security subsequently approves the waiver, the US Consulate will issue a visa. Conditions may apply to the waiver, for example if the crime is a sex offence, a person will be required to register on the US sex offenders register as part of the terms of their waiver.

The applicant will be informed in writing if a referral is not going to be made by the US Consulate. Appeal by the applicant against this decision is referred to the Department of State, which may make the referral to the Department of Homeland Security at this stage. If the Department of State concurs with the Consulate and does not refer the matter onwards the applicant is notified and there is no further appeal process. Whether the referral goes to the Department of Homeland Security directly from the Consulate or by appeal process through the Department of State, if the Department of Homeland Security denies the waiver there is no mechanism for appeal.

There are also restrictions on persons from other countries travelling to Bermuda. The Visa Controlled Nationals list has been in effect for some time, but effective from 1 May 2010 the number of countries on this list has significantly increased. This list is available on the Bermuda Government website (www.gov.bm) under the Immigration sub-community link that is accessed through the Labour, Home Affairs and Housing sub-community link.

Any person who is a national of a country on this list requires an entry visa before they may enter Bermuda. This will impact persons traveling to Bermuda both as visitors and as work permit holders.

Countries added to the list this year include Dominican Republic, Ecuador, India, Philippines, South Africa, Turkey and Venezuela. Work permit holders currently in Bermuda who are nationals of any country added to the list on 1 May are required to have their work permits endorsed by the Department of Immigration in order to re-enter Bermuda.

Any person who is a national of a country that was on the list prior to 1 May would have already required a visa to enter Bermuda. The fee for a work permit to be endorsed by the Department of Immigration is $29, however the Department is waiving this fee until 1 June 2010. The endorsement process will take approximately ten days. Visitors to Bermuda that are nationals of listed countries may apply for a visa through the British Consulate in their country of residence. However, visa controlled nationals who have the right to reside in the US (permanent resident), Canada (permanent resident) or the United Kingdom (no limit to stay in United Kingdom) and are in possession of proof of such status and a valid passport do not require a Bermuda entry visa.

Attorney Anna Knapman-Scott is a member of the Litigation and Insolvency Practice Group at Appleby. A copy of Ms. Knapman-Scott's column can be obtained on the Appleby website at www.applebyglobal.com. This column should not be used as a substitute for professional legal advice. Before proceeding with any matters discussed here, persons are advised to consult with a lawyer.