Corporate Immigration 2024 Comparisons

The current immigration policy is primarily shaped by the National Policy Framework on Immigration implemented by the government of The Bahamas in February of 2023 which, by its terms, is focused on issues relating to migration, border control and international co-operation.

The authors are not aware of any upcoming changes to the immigration policies or laws in this jurisdiction that will impact the current procedures in place for visitors or applications for work permits or residency permits.

Any individual seeking to be gainfully employed in The Bahamas requires a work permit. Work permit applications are required to be submitted (and essentially sponsored) by an entity or individual established or situated in The Bahamas. The types of work permits available are:

• short-term work permit (up to 30 days);
• short-term work permit (30 to 90 days); and
• long-term work permit (annual or 2+ years in certain instances upon application).

Work permits require sponsorship as noted in 2.1 Sponsor-Based Employment Visas.

With respect to investments, there are no “investment visas”, however, persons who have either (i) purchased a residence for BSD750,000, (ii) made a business investment in the Bahamian economy for BSD750,000, or (iii) made a combination of both residence purchase and business investment totalling BSD750,000 are entitled to apply for Permanent Residency status in The Bahamas with the right to work in their own business.

Visitors to The Bahamas must not engage in gainful occupation in The Bahamas without a valid work-permit.

Presently, there is no special provision for remote work. Persons desirous of residing in The Bahamas while working remotely must obtain a Permit to Reside. Permits to Reside are granted for a period of one year and renewed annually. A person who holds a valid Permit to Reside is not allowed to engage in gainful occupation in The Bahamas.

There are no prerequisite language requirements to obtain a visa. All applications and supporting documents must be in English, certified translations are required where documents are translated. It should be noted that English is the official language of The Bahamas.

Medical certificates are required for all applications for long-term work permits and residency permits. There are vaccination requirements for applicants from certain countries and these entry requirements are listed on the website for the Department of Immigration. However, as an example, yellow fever vaccination certificates are required from most South American countries including, but not limited to, Argentina, Bolivia, Brazil, Colombia, Ecuador, Peru and Venezuela. Further, persons applying for a work permit for a period of 90 days or more must be vaccinated against small pox.

There are no specific minimum thresholds for qualifications for salaries and requirements in The Bahamas for obtaining work permits. However, it is generally the case that the specific job is not able to be filled by the Bahamian work force.

As it relates to salaries, it is to be noted that the current minimum wage rates are BSD6.50 per hour, BSD52 per day or BSD260 per week, based on how the wages are earned.

Work permits are granted to an employee or individual operating and/or located in The Bahamas. The work-permit holder is only able to be employed by the entity or individual registered as the employer.

It should be appreciated that processing times for applications vary and it is difficult to provide an accurate timeline in relation to processing. However, based on current experiences, the following timelines can be expected for processing of permits.

• Short-term work permits – within 1–3 weeks.
• Long-term work permits – within 4–6 months (unless subject to the relatively new expedited application process).

Applicants must remain outside of the jurisdiction during the processing of all new long-term work permit applications.

Under a new process, long-term work permit applications may be expedited for a fee of BSD600. Expedited applications are considered within 14 days of submission of all requisite information and documents along with payment of the BSD600 fee.

Individuals may also be required to have their fingerprints taken at the Department of Immigration prior to the issuance of the physical visa card. This is determined on a case-by-case basis at the time of the approval of the application.

In addition to abiding by the laws of The Bahamas, the individual must comply with any conditions or restrictions imposed by the Board of Immigration outlined on the relevant permit/visa, including the limitation in relation to the employer that they are permitted to work with.

The processing fee payable for work permit applications is BSD200.

The fee payable for the permit is dependent on the position that the applicant will hold and this ranges from BSD500 for positions such as a farm labourer and BSD16,275 for positions such as President of a company, Vice President, Company Director or Chief Executive Officer. Note that the actual permit fees are prorated for the length of time that the permit is applied for provided that the time period is less than 12 months.

The employer and employee are at liberty to determine how the cost of the work permit will be paid. The employer, however, will be the party that the government holds responsible for any repatriation costs and expenses upon cessation of the work permit.

If an individual enters The Bahamas without a valid passport, visa (if applicable) or other document allowing them entry into The Bahamas, the individual can be deported, fined an amount not exceeding BSD300, or face imprisonment for a term not exceeding 12 months, or be subject to both fine and imprisonment.

If a sponsor/employer employs an individual who is prohibited from engaging in gainful employment (ie, someone who does not have the right to work), the sponsor/employer shall be liable for a fine not exceeding BSD10,000 or imprisonment for a term not exceeding five years, or to both fine and imprisonment.

Prior to obtaining an employment-based visa (work permit), an employer must comply with the requirements which accompany the submission of an application for a work permit, these include advertising the position in the local newspapers and obtaining a Certificate of Labour from the Department of Labour to confirm that this process has been completed.

Subsequent to obtaining an employment visa for an applicant, an employer must ensure that the employee’s work permit is valid, that the employee is working within the relevant job description, that they comply with any conditions/restrictions thereon and that the employee’s National Insurance contributions have been paid and are up to date. If the employee ceases to be employed, the employer must advise the Department of Immigration of such detail at the earliest opportunity and provide proof of the former employee’s departure from The Bahamas (eg, copy of travel itinerary, departure ticket or boarding pass). If an employer fails to keep an employee’s National Insurance contributions up to date, the permit/visa will not be renewed until sufficient payment has been made. Other penalties for non-compliance by an employer are referenced in 6.1 Enforcement Action Against Individuals and/or Sponsors.

There is no “Right to Work check” requirement in The Bahamas, however, an employer is obligated to confirm that an employee is authorised to engage in gainful occupation in The Bahamas. Failure to do so could result in the employer being subject to the penalties noted in 6.1 Enforcement Action Against Individuals and/or Sponsors.

Spouses and children under the age of 18 are eligible for a Permit to Reside based on them being dependents of a visa holder. Note that if a child is not accompanied by both parents, evidence of legal custody from the accompanying parent/guardian will be required.

Dependents obtain a Permit to Reside, which does not allow for them to engage in any gainful occupation.