The Tribune

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

The Government is losing thousands of dollars in fee income because foreign construction workers and their sponsors "have figured out how to manipulate the system", the Bahamian Contractors Association (BCA) chief said yesterday.

Leonard Sands told Tribune Business that if the Department of Immigration fully did its job, and cracked down on persons working outside the scope of their work permits, about "60 percent" of the Bahamian construction industry's workforce would be affected.

He spoke after Keith Bell, minister of labour and Immigration, told the House of Assembly that raids on construction work sites in "a high-end gated community in eastern New Providence" revealed that all of the 56 foreign workers detained were working outside the terms and scope of their work permits.

He added that many were evading due work permit fees by giving incorrect job descriptions, passing themselves off as farm labourers or general labourers to keep payments to the Department of Immigration at $500, when they were really skilled construction workers whose permits should attract annual fees of $4,000-$6,000.

Describing such practices as "widespread", Mr Sands told this newspaper: "What he's [Mr Bell] making out is exactly what I've been saying. Everybody is trying to make me out to be this weird crazy person making stuff up, but that is the reality of what exists which, if they investigate more and dig on it, is that foreign workers have figured out how to manipulate the system.

"What's been happening is that almost everyone on a work permit is misrepresenting the type of work they're paying for a permit for. They are alleging they are general labourers or farm labourers when" they are actually skilled workers such as masons, painters, carpenters and dry wall mechanics.

"They are working largely outside the scope of their work permits," Mr Sands continued. "I've said this is the case for many years. It's nothing new. The Government is missing out on revenue they should be gaining because the work permit fees for farm labourers or general labourers are generally lower than for a skilled worker.

"It also underscores the comments I made a few weeks ago. There should be a number of persons under investigation where they were hired, and their permit paid for, by employer 'x' but they are on another island working for employer 'y'. If the Ministry of Labour and Immigration did its job, and made sure everyone was working according to the terms of their work permit, it would impact the industry to about 60 percent of the workforce."

Mr Bell yesterday said it was a breach of Bahamian law for expatriates to work outside the scope of their work permits, and for an employer different to the one that sponsored it and paid the necessary fees. He added that a probe of one New Providence development revealed that expatriates outnumbered Bahamian construction workers three-to-one.

"Over the past few weeks, the Department [of Immigration] began a special investigation following numerous complaints and information received from the public concerning large numbers of construction workers of foreign nationality working on construction sites in a high end gated community in eastern New Providence," Mr Bell said.

"Following the conclusion of the investigation, an operation was launched, which revealed that foreign construction workers outnumbered the Bahamian construction workers three-to-one. Madam Speaker, in one swoop, 56 foreign nationals were taken into custody leaving a mere 20 Bahamian workers on site."

"The findings of the investigations revealed all of the persons had been issued work permits; all of the persons were working outside the scope/terms of their work permits; and a large number of the persons were unlawfully paying dramatically lower work permit fees by giving incorrect job descriptions such as farm labourers when they were highly skilled construction professionals," the minister added.

"Several persons owed renewal and processing fees for permits. Others were pending processing fee payments for the renewal of their permits. Persons were classified as farm labourers and handymen when they were highly skilled construction labourers."

As a result, Mr Bell demanded of contractors and other employers with expatriates on work permits to "get your house in order'. He said: "The law is clear on what is required. If you are unsure, you can call or visit the Department of Immigration. The Immigration laws must and will be enforced.

"The law will be enforced equally and throughout The Bahamas. Island to island. East to west. In front of the gate, back of the gate - one country - one law for everyone. Immigration will target the owner, the occupier, the hirer, the employer and the worker. Be warned."

These trends are not confined to the construction industry. Mr Bell said: "Investigations in Abaco have shown that a significant number of persons are working outside the scope of their permits. The employers are in New Providence or some other island, and the permit holders are working outside New Providence independent of their employer.

"Additionally, they are also working outside the scope of the grant in that many who were classified as 'handymen' were found engaged working in other classified fields of employment of skilled labour. Madam Speaker, from January 1, 2023, to March 31, 2023, some 81 persons were found on Abaco using work permits issued for employers in New Providence.

"These persons were removed from Abaco and, in each case, the permit is liable for revocation. To date, 65 of the 81 persons have been charged and convicted.... Another significant challenge we have found is Bahamian employers are failing to renew permits on a timely basis," Mr Bell continued.

"This is a vexing issue for the Department. Let me at the outset say that whilst I understand that persons can face delays obtaining the accompanying documents to have a permit renewed, if a person is here without a valid permit and without having a renewal application before the Department of Immigration, they will be arrested and deported.

"Madam Speaker, over the past three months, Operation Restore has resulted in over $90,000 being collected in back fees for processing and document fees from Bahamian employers of various persons being taken into custody. Immigration fees must be paid... Work permits are obtained by employers, and it is the employer’s responsibility to pay the Government its fees. Any employer found owing Immigration will be required to pay all fees owing and may face prosecution."