Cayman Government Urges Employees To Stick To Work Permit Rules

by Amanda Banks, Tax-News.com, London

07 September 2005

The Cayman Islands Work Permit Board will be adhering strictly to the law on term limits for work permit holders, and the Board Chairman David Ritch has expressed concern about issues such as insufficient documentation and the geographic balance of the work force.

Mr Ritch is worried that since Hurricane Ivan, the demographics of the expatriate workforce have changed significantly and has warned of the potentially negative effect that this could have on Cayman society.

“The importance of maintaining an appropriate balance in the workforce and the need to avoid allowing a disproportionate number of work permit holders from one geographical region has always been recognised and was previously embodied in Directive 5(4) of the Immigration Directions (2001 Revision),” stated Mr Ritch.

“The Immigration Law, 2003, also imposes a statutory obligation on the Work Permit Board to take into account the requirements of the community as a whole when considering work permit applications and the Board considers that it would not serve to protect the interests of the community to allow such a situation to arise and or continue," he added.

In an effort to redress this situation, Mr Ritch has indicated that his Board will be paying close attention to this issue and employers could find applications being refused if they are seen to be recruiting predominantly from one geographical region.

“The risks of allowing the numbers of any particular nationality to rise to the extent that this nationality represents a significant proportion of the population are clear. We shall be looking closely at work permit applications and where the employer is employing a disproportionate number of workers from any one particular country the application will be refused," he continued.

Mr. Ritch also emphasised that being previously employed on a temporary work permit does not guarantee that a person will automatically be granted a one-year work permit.

“While there may have been a need to employ a person for periods up to six months this does not automatically translate to a need to employ a person for a full year,” he said, adding that: “It follows that an employer will be expected to demonstrate a need to employ the worker on a full-time basis for the duration of the work permit.”

“Employers must provide copies of signed agreements for the projects that they are working on or will be starting; they must also give an accurate estimate of how long each project is expected to take and the number of personnel who are working on each project. Failure to provide this information will result in the application being refused.”

Mr Ritch also noted that the Work Permit Board and Business Staffing Plan Board, and indeed the Immigration Department itself, are enforcing the term limits on work permits imposed by the Immigration Law, 2003. He urged employers and employees to take the time to educate themselves with regard to term limits so that difficult situations can be avoided.

Recommended