Cayman Islands Government Tightens Work Permit Rules

by Amanda Banks, Tax-News.com, London

20 May 2005

In a further move to prevent temporary work permit abuses, the Department of Immigration has advised that effective Monday (23 May 2005) temporary work permit requirements will change with the introduction of a new application form.

Among new requirements, medicals and lab test results will be mandatory for all applications for work permits for periods of three months or more, and all prospective employees who are nationals of non-English speaking territories will be refused entry if they fail an English proficiency test. The requirement to provide photographs of all prospective employees is being re-introduced.

Older versions of the application form will not be accepted after 23 May. The new form can be obtained from the Department or may be downloaded from the Department’s website (www.gov.ky/immigration).

Chief Immigration Officer Franz Manderson explained that the new application form and the changes in requirements “represent just one of the steps being taken by the department in response to mounting evidence that the temporary work permit process is being abused.”

He emphasised though that some of the changes are not new, for example in relation to medicals: “The Chief Immigration Officer has always had the discretion to require a prospective employee to provide a medical questionnaire and HIV/VDRL test results and this has been done in many cases,” Mr. Manderson said, adding:

“What we are doing now is making it mandatory for a medical questionnaire and lab test results to be provided in all cases where the validity of the temporary work permit will exceed three months.”

The department is also re-introducing the requirement that applicants must provide photographs of the prospective employee, regardless of the proposed period of validity of the temporary work permit.

With respect to English tests, Mr. Manderson explained that “with a large number of persons now coming from non-English speaking countries to work, particularly in the construction industry, it is essential that we enforce strictly the requirement that they have adequate proficiency in the English language.”

In order to ensure that this requirement is followed, Mr. Manderson said that he would, from 23 May, be requiring that all persons who are nationals of non-English speaking countries who are arriving for the purpose of taking up employment in the Islands undertake an English test on arrival at the airport. “Those who fail this test will be refused entry,” he said.

In addition to the changes to the temporary work permit requirements, the Department of Immigration recently announced to the public that it would be intensifying its efforts to identify employers who commit breaches of the work permit rules. This would involve more operations by the department’s Enforcement officers. Mr. Manderson again urged employers to think carefully about the declaration they make when submitting an application as those who are found to be making false statements will be prosecuted to the full extent of the law. Any person convicted of such an offence is liable to a fine of CI$5,000 (US$6,000) and imprisonment for one year.

Employers must also, he continued, ensure that employees are properly accommodated. He emphasised that information provided on temporary work permit applications in relation to accommodation will be closely monitored.”

Mr. Manderson also pointed to the importance of having the help of the public and the many employers who are complying with the rules: “if you know of a company or an individual who is conducting this unlawful and unacceptable practice, then let us know. By working together, we can ensure that the system works as it is supposed to and nobody is disadvantaged.”

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