C M•3 years ago Digital Nomad – The work from Bermuda Certificate has been popular, offering an opportunity for those who work/study remotely an opportunity to reside in Bermuda for 1 year, with the possibility of renewal. According to https://www.investopedia.com/countries-offering-digital-nomad-visas-5190861 there are 24 jurisdictions offering similar programs. Cayman, Antigua & Barbuda, Costa Rica and Norway offer residency for 2 years with renewal options. Taiwan and Mexico offer programs for up to 3 and 4 years respectively. As will be discussed below, when Mexico created its program they designed it to attract Canadians. I would suggest that the Digital Nomad program be reviewed with the objective of considering improvements targeted to attract desirable market segments.With this in mind, I considered that a 1 year visa is not long enough to attract wealthy UK/Canadian/etc. professionals who wished to reduce taxation by severing their tax residence. Accordingly, it is suggested that Digital Nomad program be amended to enable initial applications for terms of 3 years or longer for the following reasons:
Longer programs are necessary for the applicant to sever their tax residency. According to the Investopedia website the Mexico program was designed to attract Canadians. In a recent discussion with a senior Canadian tax lawyer they opined that a 1 year residency is far too short for a Canadian to take the position that they have severed their Canadian tax residency, a necessary requirement to stop Canadian taxation on their worldwide income. As it currently stands, a Canadian is more likely to select Cayman due to the longer visa. However, if Bermuda extending the visa to 3 or 4 years, then a Canadian will prefer Bermuda over Cayman, Bahamas, Barbados, Curacao, Anguilla, Antigua & Barbuda, etc. See the following link for info on the Mexico program https://consulmex.sre.gob.mx/leamington/index.php/non-mexicans/visas/115-temporary-resident-visa
The Bermuda Private Client sector will benefit since it will be an ideal opportunity for the HNW applicant to engage in succession planning, establishing trusts, holding companies, etc. This is especially true for those individuals who are no longer subject to taxation in a high tax jurisdiction. For example, lawyers in UK/Canada/etc. recommend that the individual prepare a Bermuda Will, PoA, and other estate planning documents.
UK professionals would like to see the ability to extend the visa since:
In some cases, they may need to be non-UK resident for the 3 proceeding tax years. See residence tests at https://www.gov.uk/government/publications/rdr3-statutory-residence-test-srt/guidance-note-for-statutory-residence-test-srt-rdr3
capital gains arising while in Bermuda will be subject to UK taxation if they have been out of the UK for less than 5 years.
A longer program will differentiate the Bermuda program, generate a new round of publicity, etc.
Bermuda population numbers are still decreasing as Bermudians and expats emigrate. The impact of the pandemic is going to continue for many years. Bermuda will benefit from granting 3+ year visas to applicants who have material disposable income.
Applications for longer term visas will be an opportunity to introduce requirements that will target HNWI such as higher asset/income levels, and higher fees for the application and/or issuance of the visa would be possible.