The
following Immigration Policy Information has been obtained
from the Cayman Islands Government Site (www.gov.ky)
Immigration
Controls Governing Work In The Cayman Islands
Policy
While
other countries sometimes see the need in their immigration
policies for incentives to attract new residents, this is
not the situation in the Cayman Islands, whose attractions
as a place to live and work are readily seen by visitors
and others. So the Islands' immigration policy, given form
in the Immigration Law, 1992, is to give precedence in employment
to those who hold Caymanian status while recognising that
the continuing expansion of the economy often entails the
recruitment of skills from overseas.
The
main emphasis on immigration to the Islands is therefore
placed upon the employer who, unable to find a Caymanian
with the necessary qualifications to fill a vacancy, applies
for a work permit to bring in a qualified non-Caymanian.
This means that non-Caymanians wishing to work in the Islands
must first have the offer of a job by a local employer,
who must apply for a work permit.
Such
applications are dealt with by the Immigration Board, which
is appointed by Government to control the entry, residence
and employment of non-Caymanians in the Islands. Work permits
are normally issued for a specific occupation with a specific
employer. The board may set conditions or limitations on
the grant of a licence.
It
is not the board's policy to grant open work permits, except
in special circumstances when it is demonstrated that there
is a genuine, compelling or compassionate reason.
Temporary
work permits may be issued to allow persons to enter the
Islands for specified, genuinely temporary employment. This
is normally limited to 30 days, though, in exceptional cases
involving professional or rare skills, an extension will
be considered up to a maximum of 30 days. However, instances
may arise whereby temporary employment of a greater duration
is envisaged. Providing such employment will not exceed
a maximum of six months, an application can be made for
a non-renewable"short-term permit." Applications
for temporary or short-term permits should be made to the
Chief Immigration Officer, Department of Immigration, P.O.
Box 1098, Grand Cayman.
Certain
positions do not require work permits for non-Caymanians.
These include jobs with the Civil Service, United Kingdom
Government employees working in the Islands, consular officers
and staff, accredited representatives or agents of a government
of a Commonwealth country, members of the British armed
forces, the crews of visiting vessels and aircraft, and
other persons declared to be exempt under provisions of
the Immigration Law, 1992.
Educational
levels in the Cayman Islands are high by developing country
standards and are rising each year. Thus, there usually
are suitable applications by Caymanian graduates for jobs
at clerical, secretarial and lower management levels.
With
a small population base, the Islands have a need during
boom construction conditions for labour in this field, but
the board may limit permits for such labour to a specific
project. There is also a demand for labour in the tourism
industry.
Apart
from these categories of foreign worker, the main need is
for professional, sub-professional, senior and middle management
staff in areas in which not enough Caymanians have yet gained
full qualification and experience. For such imported staff
the board may grant one of the following permits:
1.
Two-year work permits
The
board shall, except in exceptional circumstances, in its
discretion, issue work permits for a period of two years.
2.
Three-year work permits
The
board shall, except in exceptional circumstances, in its
discretion, issue work permits for a period of three years
to --
(a).
persons who are married to a Caymanian for at least five
years;
(b).
very senior employees in a company or firm which has demonstrated
an effective training and promotion scheme for Caymanians.
3.
Work Permits for professional employees
Work
permits for professional employees shall be sought by, and
granted to persons in the same profession only. For this
purpose, a professional employee means a person qualified
as a lawyer, accountant, medical professional, architect,
surveyor or in any other occupation recognized as such by
the board.
Permits
may be renewed at the board's discretion if suitable Caymanians
are not available.
Persons
Granted Permission To Enter And Reside
Restrictions
on employment
Persons
granted permission to enter and reside in the Cayman Islands
are not permitted to engage in any form of employment in
the Islands or to carry on or offer to carry on any financial,
professional, trade or business activity without a valid
work permit. It follows that visitors are prohibited from
seeking to obtain casual employment to defray the costs
of a visit or return passage.
An
exception to the prohibition on employment can be made for
persons who have been granted permanent residence. After
two years' continuous residence they may apply for permission
to engage in gainful occupation, though only in exceptional
circumstances will the board grant this permission to an
applicant with less than five years' residence.
Applications
Applications
for work permits must be made to the Secretary of the Immigration
Board, Immigration Department, P.O. Box 1098, Grand Cayman.
Before
an application is made to the board, the vacant position
must be advertised (unless exempted from doing so by the
Governor in Council or the Immigration Board) in the local
press for a minimum of two issues in two consecutive weeks.
The advertisements should give an indication of the remuneration
and other benefits, and identify the employer. The board
scrutinizes with care the wording of advertisements to ensure
that they are not framed to exclude Caymanian applicants
by requiring unreasonable levels of qualifications or experience.
Copies of the advertisement, and of all replies elicited,
must be attached to the application.
Action
required by person seeking employment
Complete
and return to prospective employer the work permit application
form, together with documentary evidence of qualifications
and experience. (Photocopies of professional qualifications
are acceptable)
Enclose four passport-size photographs -- three full-face
and one profile.
Obtain a police clearance certificate from the applicant's
home district or last place of residence, issued a maximum
of six months before date of application. (For applicants
from the United Kingdom or other countries where police
do not issue clearance certificates, an affidavit of no
convictions, sworn before a notary public, may be submitted.)
Obtain a medical certificate of good health, completed on
the board's prescribed form.
Provide three references of good character from persons
who have known the applicant for some years and who are
not relatives.
Action
required by the prospective employer
Send
to the Secretary of the Immigration Board, after verifying
that they are correctly completed, the documents and photographs
forwarded from the applicant, together with copies of all
relevant advertisements and applications received in response.
Send to the board a covering letter confirming the nature
of the post to be filled, the salary to be paid, and any
additional information which the employer wishes to bring
to the board's attention (especially with regard to local
recruitment, internal promotion and training programme).
Give the board details of any accommodation available to
employee and family (using prescribed form).
Enclose application/filing fee of CI$25.
Action
required by self-employed persons
Anyone
seeking to become self-employed in the Islands in a particular
profession or business should submit the documents, photographs
and fee listed above, except the covering letter from the
employer and the details of advertising. For these he should
substitute:
A
detailed letter describing the field of business or profession
to be undertaken, and saying whether a local office will
be opened and local employment opportunities offered.
Evidence of financial status showing that the applicant
is in a financial position to engage in the business or
profession proposed. (This can be done in the form of a
letter from a bank and will be treated in confidence.)
An individual who is granted a work permit to engage in
business on his/her own account also requires a licence
under the Trade and Business Licensing Law, unless the business
involves a profession licensed under separate legislation.
The issue of a Trade and Business Licence is normally a
formality, provided that the applicant holds the appropriate
work permit. Details of the requirements for a Trade and
Business Licence can be obtained from the board's secretary.
Security
Deposit
An
employer (or the individual, in the case of a self-employed
person) will be required to deposit with the Immigration
Department a sum of money to cover any possible repatriation,
including that of any accompanying dependants. The security
deposit varies according to the country of origin, and ranges
from $150 for a Jamaican employee up to $1,000 for anyone
from Britain and Ireland, and to $2,000 and more in respect
of employees from more distant countries.
Local
Company Licensing
The
Local Companies (Control) Law (Revised) requires that local
companies, local strata corporations and foreign corporations
registered to do business in the Islands and which are not
at least 60 per cent Caymanian-owned must hold a licence
under this law. Such licences are granted by the Immigration
Board.
Employees'
Dependants
Except
in exceptional circumstances and at the discretion of the
Cayman Immigration Board, a work permit holder may not bring
to the Islands more than three dependants. Unskilled workers
are rarely permitted to have any dependants accompany or
join them in the Islands.
Fees
For
the purposes of the paragraphs above which relate to fees
payable for the grant or renewal of a work permit for a
person employed in Grand Cayman, a person employed to do
work, the general control of the doing of which is exercised
at or through any place in Grand Cayman, shall be deemed
to be employed in Grand Cayman notwithstanding that the
work of that person is done elsewhere in the Islands.
If
a work permit is granted or renewed for a period of six
months or less, half the relevant fee is payable.
If
a work permit ceases to be effective, for whatever cause,
before the end of the period for which it was granted, a
refund of no more than half the annual fee is to be made
for that part (if it is more than six months) of the period
between the permit ceasing to be effective and the date
it would have expired had it not ceased to be effective.
Variation
Of A Work Permit
(Persons
employed in Grand Cayman, Cayman Brac or Little Cayman)
(1)
Application $25
(2)
Variation
(a)
where the fee payable for the grant of the permit as varied
would have attracted no higher fee than that paid for the
permit to be varied - $100
(b)
where the fee payable for the grant of the permit as varied
would have attracted a higher fee than that paid for the
permit to be varied - An amount equal to 50 percent of the
higher fee.
Additional
Notes
Applications
for work permits are discouraged from persons in the Islands
with tourist or visitor status. Presence in the Islands
when an application is being dealt with by the board can
be the reason for its refusal.
They should not make arrangements to travel to the Islands
to work unless they are in possession of a work permit to
be shown to the Immigration Officer on arrival.
Work permits also show the names of the dependants of the
licence holder who are permitted to accompany or join the
holder in the Islands.
Licences are endorsed to the effect that the holder's authority
to remain in the Islands ceases upon the expiry or cancellation
of the licence, or termination of employment unless the
Department of Immigration authorizes the holder to remain
longer.
Licences are also endorsed to the effect that the holder
will not be permitted to change employment during the current
term of the licence (12 months), unless there are special
extenuating circumstances.
Application for renewal of a licence must be made at least
30 days before expiry.
To avoid delay in the processing of applications it is important
that the application be submitted correctly. All questions
on the application form must be completed, even if the answer
is in the negative.
The board may, at its discretion, impose conditions, including
that no future work permit will be granted to the holder
of a work permit until at least six months after he has
left the Islands.
Working
Without A Licence
Any
person of non-Caymanian status (other than Government employees
and other exempt persons) who engages in any form of employment
for which he or she has not been licensed by the Immigration
Board commits an offence under section 33 (1) of the Immigration
Law, 1992. Any employer who knowingly permits such a person
to engage in such employment also commits an offence under
the law.
Offenders
are liable, upon summary conviction, to a fine of up to
$2,000 and/or up to six months' imprisonment for a first
offence, plus $100 penalty for each day of a continuing
offence. Repeat offenders are liable to fines of up to $4,000
and /or up to 12 months' imprisonment, plus the penalty
for continuing offences.
Enquiries
Specific
enquiries regarding Immigration or working in the Cayman
Islands should be addressed to:
The
Chief Immigration Officer
Immigration Department
P.O. Box 1098
Grand Cayman
Cayman Islands, B.W.I.
Telephone:
(345) 949-8344
Fax: (345) 949-8456
Important
Notice
The
above information is for guidance only, and decisions will
be made on individual cases by the Immigration authorities
acting under the powers granted by the Immigration Law,
1992, the regulations made thereunder, and any instructions
issued to them under the provisions of the law.
Acquisition
Of Permanent Residential Status In The Cayman Islands
Policy
It
has been established government policy in the Cayman Islands
for some years to encourage as permanent residents persons
of good repute and financial standing who make a substantial
investment in the Islands. An emphasis is placed on the
character of applicants and their capacity and willingness
to contribute positively to community life.
Anyone
wishing to reside in the Islands without engaging in employment
may apply to the Chief Immigration Officer for consideration
for an initial residency period. This will be granted only
if it appears likely that the applicant will qualify for
permanent residency.
Applications
for permanent residency will be considered following initial
residency. Persons whose applications have been refused
will be given every opportunity for due process before termination
of initial residency.
In
order to qualify, an applicant must normally be in a financial
position to support himself/herself and any dependants without
the necessity of having to engage in any form of employment
in the Islands. Applicants must also be able to make an
investment in a home or local enterprise of at least CI$150,000
(US$180,000).
Exceptions
may be made on the grounds of close family connections with
the Islands. This applies to a person who is the spouse,
parent or child of someone who has Caymanian status.
Initial
(Short-term) Residency Facilties
To
apply for initial residency facility, an applicant must
submit the following:
(a)
Application form:
The
form must be completed in full. Separate application is
not required in respect of accompanying dependants.
(b)
A covering letter, requesting short-term residency (STR)
and indicating intention of applying for permanent residency.
(c)
Police clearance certificate:
This
certificate, to be obtained from the applicant's home district
or last place of residence, should cover the last ten years.
A certificate should be submitted in respect of each accompanying
dependant over the age of 16 years.
(d)
Medical report:
A
medical certificate of health, on the prescribed form, must
be submitted in respect of each family member over the age
of 18 years. A lab report must accompany the medical certificate,
indicating results of HIV and VDRL screening.
(e)
References:
Three
written references from persons (not related to applicant)
who have known him/her for some years.
(f)
Evidence of financial status:
A
statement of assets or income demonstrating the applicant's
ability to support himself/herself without engaging in employment
in the Islands. Where possible, this statement should be
accompanied by independent evidence, such as a banker's
letter. (This information will be treated in strictest confidence.)
(g)
Photographs:
One
full-face and one profile photograph must be supplied in
respect of each applicant.
Applications
to reside in the Cayman Islands should be sent to:
The
Chief Immigration Officer
Department of Immigration
P.O. Box 1098
Grand Cayman
Cayman Islands
If
the application to take up initial residency is approved,
the applicant will be so advised, and will be required to
deposit with the Cayman Islands Government a sum of money
to cover any remote possibility of repatriation.
Repatriation
fees are refundable either at the grant of permanent residency
(and payment of applicable fees), on termination of initial
residency, or on refusal of permanent residency.
This
sum is provided for by law, as follows:
Adult
or minor child CI$200 per person
Once
permission has been granted and the necessary cash deposits
are made, the applicant will be issued an entry permit on
payment of a fee of CI$20.
The
entry certificate must be presented on landing in the Islands
and will normally be withdrawn by the Chief Immigration
Officer, who will enter an endorsement in the applicant's
passport. This will permit the applicant and family to remain
in the Islands for an initial period of six months.
On
completing the initial six months' residency, the applicant
becomes eligible, and is required, to apply for permanent
residency at that time. Pending the outcome, the applicant's
short-term residency is renewal at six-monthly intervals
at the discretion of the Chief Immigration Officer.
Unless
otherwise authorised (as detailed below), a person granted
permission to reside permanently in the Islands is specifically
forbidden to engage in any form of employment here, or carry
on or offer to carry on any financial, professional, trade
or business activity.
Permanent
Residency Facilities
The
application to be made a permanent resident of the Islands,
to be submitted after the applicant has been granted short-term
residency for at least six months, must be made in duplicate
on the prescribed form, which may be obtained from the Department
of Immigration. A separate application need not be made
in respect of an accompanying spouse and/or children under
the age of 18.
The
application for permanent residency must be submitted to
the Immigration Board, which may refuse, defer or grant
it unconditionally or subject to such conditions or restrictions
as the board may deem fit.
It
is at this stage, in considering such applications, that
the board will take into account whether or not the applicant
has made the investment previously referred to. Other factors
that will be taken into account include whether or not an
applicant is in fact living in the Islands and whether such
residency will enhance the community as a whole, be it economically
and/or socially.
Applicants
should note that:
They
must hold valid passports.
Residency facilities are granted on the basis that the applicant
has sufficient private income to enable him/her and family
to reside here without the necessity of having to engage
in employment in the Islands. A resident may, however, hold
shares in a local company, subject to any other laws concerning
the ownership of shares, and may hold a directorship in
such a company without the need for a gainful occupation
licence, provided that the directorship does not entail
day-to-day management of the company's affairs.
The
grant of residency facilities does not imply any obligation
to permit the entry, on temporary or permanent terms, of
servants, even if such servants may be in short supply in
the Islands at any given time.
A
person granted permission to reside permanently in the Islands
is not immune to normal deportation procedures instituted
for sufficient reason.
A
full declaration of assets owned and the amount of annual
income from specific sources is expected by the Board. Such
information is confidential to the Board.
An
applicant may, on grounds of confidentiality, decline to
give the information in the preceding paragraph, but must
be in a position to satisfy the Board that he/she has assets
and income available without restriction sufficient to support
the applicant and any dependants without any income derived
from work in the Islands.
An
applicant will be requested to declare:
(a) whether he/she has ever visited or resided in a communist
country, and if so give the dates, addresses and purpose;
(b)
whether he/she or any member of his/her household accompanying
the applicant to the Islands has ever been convicted of
any crime or sentenced to any term of imprisonment (and,
if so, giving details), or had criminal charges brought
either in a personal or corporate capacity (see earlier
note on police clearance certificate); and
(c)
whether he/she has ever been bankrupt or involved in a company
which went bankrupt and in which creditors were not paid
in full.
Permanent
Residents Permitted To Work
A
permanent resident may, after two years' continuous residence,
request the Board's permission (by way of variation) to
engage in gainful occupation. The board will have regard
to the connections the applicant has with the Islands, his/her
standing in the community, and the contribution he/she has
made or is capable of making to the life of the community.
Such
permission to engage in gainful occupation will normally
be restricted to a specified occupation and subject to any
other restrictions the Board may deem necessary. Restrictions
may include an obligation to work with a specified employer.
In the case of a self-employed person, permission will be
restricted to a particular field of employment (specifying
the number of persons to be employed), though the board
may vary this to reflect changing circumstances.
A
permanent resident given permission to work will be required
to pay an annual fee equal to that required for a gainful
occupation licence for the type of work concerned.
Fees
A
non-refundable filing fee of $50 must accompany an application
for a grant of permanent residency.
Fees
for the grant of permanent residency
For
persons of independent means:
A.
with Caymanian connections $400
B.
without Caymanian connections $15,000
For
persons not deemed to be of independent means, that is,
persons who need to be gainfully employed:
A.
without Caymanian connections
- Unskilled $400
- Skilled $1,500
- Professional $5,000
B.
with Caymanian connections $400
Loss
Of Permanent Residency
Permanent
residency may be withdrawn in any of the following circumstances:
residency
outside the Cayman Islands for a continous period of one
year or more;
provision of false information on the application;
on conviction by the courts for committing certain offences;
engaging in subversive activity or any acts contrary to
peace and good government;
becoming destitute; and
becoming the subject of a deportation order.