There will be shorter-term permits and renewal beyond the general maximum number of six years is possible if the employer makes a strong enough case to justify it because of a genuine and real need to renew the permit. Generally, no extensions will be permitted beyond a further three-year period bringing the maximum to nine years in total.

Work permit term limits do not apply where the individual is key to the business. For an employee to be categorised as "key" to the business's operation, the business must demonstrate that one or more of the following is true:

the person is among the best practitioners in the world; or

the person has rare specialised expertise that cannot be easily found world-wide; or

although not particularly specialised, there is a "severe shortage" of the person's particular skills i.e. a shortage in Bermuda arising from the difficulty of recruiting persons because there is a general, chronic shortage of resources overseas; or

without the continued presence of the individual the business will be seriously injured to its own detriment and to that of the interests of Bermuda and Bermudians; or

the person has crucial business contacts which are critical to the business's continued success; or

the individual is directly responsible for creating well-paying jobs to which Bermudians can aspire; or

the person is directly responsible for training Bermudians in worthwhile careers and the business, based on its objective assessment of the individual's attributes, relies on his or her skill and expertise in this regard.

Key persons can be found at all levels and in all areas of a business and are to be found not only among Chief Executive Officers, Chief Financial Officers and other senior managers. They can be technical, professional, clerical or service as well as managerial staff.

It is up to the employer to make the case to the Minister that a particular individual or post is key to the organisation.

Work permit term limits will not apply where there is a shortage in Bermuda arising from the difficulty of recruiting persons because there is a general, chronic shortage of resources overseas with a local impact.

Examples of categories where there is such a shortage include: chartered accountant; actuary; chef; registered nurse; technically skilled specialists in information systems/technology fields.

There may be other, less prominent categories where there are severe shortages. Employers are invited to make their case in advising the Minister.