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Self-Employed Work Permit

British Virgin IslandsStarting a business

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

Official link

Is this for a founder, startup entrepreneur, self-employed person, freelancer, company owner or another business profile?

The route concerns self-employment by a non-Belonger. The Labour Code defines self-employment as work on one’s own behalf rather than under a contract of employment.

See recorded sources
Limits of the record
  • The current self-employed form and any route-specific eligibility test were inaccessible.

What must actually exist or be demonstrated: business plan, company, innovation, clients, contracts, economic activity, job creation or other substance?

The checked official sources did not provide enough route-specific evidence to confirm what business substance must exist or be demonstrated.

See recorded sources
Limits of the record
  • Searched capturas/5b966401e2a9fc18.txt for business plan, company, incorporation, registration, trade licence, clients, contracts, economic activity, job creation, turnover and prescribed supporting documents. The excerpt holds only the section 169 definitions, the section 170 permit requirement, the section 171 filing and conditions rules, the section 173(5) duration rule and the section 177 fee rules. No business-substance requirement appears anywhere in it.

What investment, capital, income, revenue, funding or viability evidence is central to this pathway?

The checked official sources did not provide enough route-specific evidence to confirm the investment, capital, income, funding or viability evidence required.

See recorded sources
Limits of the record
  • The Act states no amount: the fee is whatever the Order made by the Minister with Cabinet approval sets, and no such Order is in the captures. s.177(4) adds only that where a work permit is granted for less than one year the fees payable are pro-rated as the Minister may by Order determine.
  • No investment, capital, income, revenue, funding or viability threshold was found anywhere in the 286,631-character Labour Code Act, 2010: ‘capital’, ‘business plan’, ‘turnover’ and the stem ‘viab’ do not occur, and Part X (ss.169-179) imposes no financial test on a self-employed applicant. Absence from this text is not proof that no threshold exists elsewhere — the prescribed application form and the migration-for-employment policy required by s.178 are not in the captures.
  • Source text is the Labour Code Act, 2010 (No. 4 of 2010) as enacted; later amendments are not consolidated into this text, so this provision may have been altered since. The registered source https://www.bvi.gov.vg/services/self-employed-work-permit was unavailable in this run after the portal migration.
  • chars 270795-271272
    177. (1) The Minister shall with the approval of Cabinet, by Fees. Order specify the fee to be paid for every application for, grant, renewal or extension of a work permit under this Part. (2) The Minister may specify different fees for different persons or categories of persons and for persons receiving different wages or salaries. (3) Fees for applications, work permits and exemptions shall be paid into the Consolidated Fund.

What business/self-employed activity may the holder conduct? Are there important restrictions? What is the family position where clearly stated?

Approval of the permit carries whatever conditions the Minister chooses to attach: in approving any work permit the Minister has the discretion to impose any conditions he or she considers appropriate to promote the national policy underlying the Code in section 2, the work permit policy, the employment of Virgin Islanders and Belongers, and any man power development plan of the Virgin Islands. The official source does not state the family position.

See recorded sources
Limits of the record
  • The accessible Labour Code excerpt does not state the specific conditions attached to a self-employed work permit.
  • No family or accompanying-dependant position is stated for this route.
  • chars 1174-1515
    Section 171(2): The Minister shall, in approving any work permit, have the discretion to impose any conditions he or she may consider appropriate to promote the national policy underlying the Code in section 2, the work permit policy, the employment of Virgin Islanders and Belongers and any man power development plan of the Virgin Islands.

What approval/application sequence applies, how long is the status granted, how is it renewed, and what longer-term residence direction is officially stated?

A work permit may be effective for no more than three years at a time and may be renewed or extended by the Minister after an application. The route-specific progression beyond that permit is not established.

See recorded sources
Limits of the record
  • The current self-employed renewal form and any residence progression rule were inaccessible.
  • Labour Code, section 173(5), normalized extracted passage
    Section 173(5): Subject to section 171(2) and (4), a work permit shall be effective for a period not exceeding three years at a time and the permit may, upon application duly filed under section 171, be renewed or extended by the Minister from time to time.

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

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