Belonger status is a classification customarily associated with the British Overseas Territories. It refers to people with close, specific ties to the territory, usually by birth or ancestry.  

Holder of a Certificate of Residence refers to an individual who has decided to reside in The British Virgin Islands for the long term and has lived there for over twenty years. On the completion of immigration paperwork and the submission of supporting documents, including evidence of self-sufficiency, a certificate of residence can be granted.  

A work permit can be granted to an individual once they have been offered a position by a BVI-based employer, as long as it is to the satisfaction of the Department of Labour and Workforce Development that there is a proven need for a work permit. Like other offshore jurisdictions, preference will be given to BVI Islanders (or belongers), and we will discuss these requirements later in this article. 

Each work permit is tied to a specific job at a particular employer and lasts for a specified time. There are a few types of work permits, depending on the needs of the role and the employer, and we will explain the differences between Full, Temporary, Emergency and Periodic Work Permits later in this article. 

Work permit fees are based on a sliding percentage scale of 3-7% of your salary with a cap of $10,000. 

Sliding scale:

• Annual earnings up to $25,000 = 3%
• Annual earnings from $25,001 to $50,000 = 5%
• Annual earnings above $50,001 = 7%

A dependent can be the spouse or domestic partner, children (including step and adopted child/children, and those under legal guardianship) of a work permit holder. This means that girlfriends, boyfriends and fiancées cannot be dependants for individuals on a Work Permit. 

If you wish to bring your dependent(s) to the BVI, then permission must be obtained from the Chief Immigration Officer. There are no specific applications; instead, a letter asking for such approval should be submitted. If your dependent wishes to work, they must receive a job offer from a BVI-based company and follow the work permit process.

A visitor is typically granted entry for an initial 30 days only but may, at the discretion of the Department of Immigration, be granted an extension for an additional period, up to a maximum of six months. 

As mentioned before, girlfriends, boyfriends and fiancées cannot come in as a dependent of a work permit holder, so they would be required to enter as a visitor if planning to relocate as well and are likely only to be given 30 days to stay in the islands.  

You must note that you cannot search for work as a visitor. So, if a girlfriend/boyfriend/fiance does come as a visitor, they are not allowed to secure a job and, therefore, a work permit while being in the islands; they would have to leave the BVI while any such applications are being made and return only once approval has been issued. 

An employer advertises the vacancy and waits for applications to start coming through so they can see who might be their next hire. These advertisements can be listed anywhere (local newspaper or reputable online advertisements); however, for a work permit to be granted, there should be an explanation as to whether any locals applied and why their applications were unacceptable, including any correspondence with such applicants.

The employer will undergo the typical recruitment process, shortlisting and interviewing until they find their desired hire. If the individual requires a work permit, the employer needs to demonstrate that there is no sufficient local talent to fill the conditions of the vacancy.

Suppose a Belonger or Permanent Resident candidate applies; in that case, the employer must demonstrate why these individuals were not selected and how/why the hire chosen is a better fit for the role. 

The Immigration Board will review the application and decide on the outcome; they may approve, deny or defer the application based on the submitted information. 

1. A temporary work permit application differs from a regular one in a few ways. The key difference is the lack of a need to advertise for a specified period; instead, employers can apply immediately.
2. The application will be submitted to the Department of Labour and Workforce Development like a regular work permit. The department will review and decide on the outcome; they may approve, deny or defer the application based on the submitted information. It is still a requirement for the employer to submit a cover letter to the Labour Commissioner explaining the need for the employee. The arrival and departure date of the employee should also be stated.