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Extension of Spouse's Employment Rights - Divorced Parent of Bermudian

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Explore the five recorded questions, answers and sources for this pathway.

Official link

Which family relationships qualify?

The Extension of Spouse's Employment Rights (ESER) confers privileges on the divorced parent of a Bermudian child until the youngest Bermudian child of the household turns eighteen, or twenty-five if still in college or university.

See recorded sources
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    The Extension of Spouse's Employment Rights (ESER) confers privileges to the divorced parent of a Bermudian child or children until the youngest Bermudian child of the household reaches the age of eighteen (18) years, or if he or she is still in college/university, the age of twenty-five (25) years.

Who may sponsor or bring the family member, and what immigration/citizenship status must that person hold?

A 'divorced parent of a Bermudian' is a person with custody of a Bermudian child, including joint custody as well as sole custody. To qualify, the applicant must, immediately before the divorce from the Bermudian spouse, have been exercising or have been eligible to exercise their spouse's employment rights, and must be of good character and conduct.

See recorded sources
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    A "divorced parent of a Bermudian" is defined as a person with custody of a Bermudian child. Custody includes joint custody as well as sole custody. To qualify for the ESER, the applicant must immediately before the divorce from the Bermudian spouse, have been exercising, or was eligible to exercise, his or her spouse's employment rights and must be of good character and conduct.

What is important for proving marriage, partnership, parentage, custody, dependency or another qualifying relationship?

The applicant must submit, immediately following the date of the custody court order: a completed ESER Application Form; two passport-type photographs; a certified copy of their birth certificate or passport; a certified copy of the divorce decree absolute; a certified copy of each child's birth certificate or passport (and, for a child aged 18 to 25, proof of full-time college or university attendance such as letters or transcripts from learning institutions with relevant dates); proof of sole or joint custody; proof that the applicant had exercised, or was eligible to exercise, their spouse's employment rights immediately prior to the divorce, or proof of the former Bermudian spouse's ordinary residence in Bermuda; two character references; and proof that financial obligations are up to date.

See recorded sources
Limits of the record
  • The policy states no fee amount and no income threshold for the ESER.
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    A person wishing to apply for the ESER is required to submit certain documents in support of his or her application immediately following the date of the custody court order. These include: a) a completed ESER Application Form which is available on the Department of Immigration website: https://www.gov.bm/sites/default/files/eserc.pdf; b) two (2) passport-type photographs of the applicant; c) a certified copy of the applicant's birth certificate or passport; d) a certified copy of the divorce decree absolute; e) a certified copy of each child‘s birth certificate or passport to whom the divorced parent is attaching his/her request for the ESER); if older than eighteen (18) years but under twenty-five (25) years, proof that the child is in college/university on a full time basis; i.e. letters/transcripts from learning institutions, including relevant dates; f) proof of custody – sole or joint; g) proof that the applicant had exercised, or was eligible to exercise, his or her spouse's employment rights immediately prior to the divorce (i.e. letters from the applicant's employers), or proof of the former Bermudian spouse's ordinary residence in Bermuda (i.e. letters from the former Bermudian spouse's employers), or a letter from a professional person attesting to the continuous ordinary residence in Bermuda of the applicant's former Bermudian spouse; <<< BACK TO TABLE OF CONTENTS 36 h) two (2) character references in support of the application; and i) proof that financial obligations are up-to-date, especially if payments have been mandated by the court.

What important financial, accommodation, insurance or maintenance responsibilities apply?

The applicant must provide proof that financial obligations are up to date, especially where payments have been mandated by the court. The official source does not state an income threshold or any accommodation or insurance requirement.

See recorded sources
Limits of the record
  • Section 6.1 sets no income threshold and states no accommodation, insurance or maintenance requirement for the ESER holder beyond keeping court-mandated payments up to date.
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    i) proof that financial obligations are up-to-date, especially if payments have been mandated by the court.

How does the application work at a high level, what rights does the family member receive, how long does the status last, and how can it become independent or longer-term where officially stated?

The ESER confers the privileges to reside in Bermuda, to seek employment in Bermuda without restriction, to continue to work in existing employment without having to apply to the Department for a work permit, and to retire from work and reside in Bermuda without the need to apply for any additional permission. These privileges last until the youngest Bermudian child of the household turns eighteen, or twenty-five if still in college or university. The official source does not state the application process or a path to permanent residence or Bermudian status.

See recorded sources
Limits of the record
  • The ESER lasts until the youngest Bermudian child of the household reaches eighteen, or twenty-five if still in college or university (section 6.1).
  • The Minister may revoke an ESER at any time under section 34 of the Act; non-exhaustive examples are that the ESER was obtained by fraud, false pretences or concealment of a material fact, that the holder is convicted of a crime carrying a sentence of two years or more, or that the holder resides outside Bermuda for two years or more without first seeking the Minister's leave (section 6.1).
  • Section 6.1 states no route from the ESER to permanent residence or Bermudian status.
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    These privileges include: ▶ to reside in Bermuda, ▶ to seek employment in Bermuda without restriction, ▶ to continue to work in that employment without having to apply to the Department for a work permit, if one is already employed, and ▶ to retire from work and reside in Bermuda without the need to apply for any additional permission to do so.
  • chars 102824-103151
    The Extension of Spouse's Employment Rights (ESER) confers privileges to the divorced parent of a Bermudian child or children until the youngest Bermudian child of the household reaches the age of eighteen (18) years, or if he or she is still in college/university, the age of twenty-five (25) years.

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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