New Arrivals with No Cayman Connections
If you are looking to move to the Cayman Islands and are not Caymanian, or married to a Caymanian, there are four ways to be legally resident:
1) Full Work Permit
(A Gainful Occupation Licence)
2) Temporary Work Permit
3) Residency for Persons of Independent Means
4) Student Visas
It is worth noting that an overriding principle of Cayman Islands immigration legislation is that employment and career opportunities are offered to Caymanians before any other person. Caymanians are given preference over similarly qualified expatriates and employers must take steps to provide training opportunities and experience to Caymanians who have the potential to fill a particular position.
As Caymanians have rapidly become a minority in their own Islands, efforts are made to ensure that a balance of other nationalities exists so that no one nationality is culturally dominant. In this regard, employers will be frequently encouraged, in appropriate circumstances, to seek employees of different nationalities.
The system does not however only seek to protect Caymanians. Other categories of persons also have advantage, and preference in employment opportunities is required to be given, if no qualified Caymanian is available, first to the holders of Residency and Employment Rights Certificates who are married to Caymanians, next to Permanent Residents with the Right to Work and finally, to other persons who are already legally and ordinarily resident in these Islands. Only if these categories of persons are unavailable for a position will a permit be granted to a person who is overseas.
1. Full Work Permit
Allows one person to work and remain in the Cayman Islands for a specified period of time (except persons married to Caymanians). All work permit fees are the responsibility of the employer. Immigration law prohibits employers from requiring employees to pay any part of such fees. Annual fees range from CI$150 for unskilled labourers to over CI$17,500 for senior management positions. Those not requiring work permits please see the end of this chapter.
Prior to granting (or renewing) a permit, the relevant Board will need to be satisfied of a number of matters including: the need to engage the services of the prospective worker; attempts to find a Caymanian, the spouse of a Caymanian, a Permanent Resident with the Right to Work or person already lawfully resident to fill the role; the character of the worker; and the protection of local interests. Work permits can be, in certain circumstances, granted for up to five years duration, subject to conditions, with a renewal fee payable each year.
Please note that work permits for self-employed people are only issued in exceptional circumstances, as decided by the Chief Immigration Officer or Work Permit Board.
All work permit forms, fees and instructions can be downloaded from the following website: www.immigration.gov.ky.
Documents Required When Applying for a Work Permit:
a) Application form
b) An original Police Clearance Certificate
c) Copies of advertisements published in a local newspaper for two consecutive weeks along with any responses and CVs of Caymanian applicants
d) Prescribed fees
e) Photographs (passport sized), two full face and one profile
f) A full and accurate description of the job to be filled
g) Cover letter detailing the qualifications necessary for carrying out the job; why the applicant is seeking a work permit; and reasons why a Caymanian was not employed for the position
h) Medical questionnaire form
i) Accommodation form
j) Pension and health insurance form.
Change of Employer
Subject to some exceptions, the holder of a work permit may not change his employer for the duration of a permit. Changing employers upon the expiry of a work permit is permitted, although the consent of the previous employer is usually requested before the relevant board will grant a permit in favour of a new employer. Protections are, however, in place to prevent expatriate workers from falling victim to unscrupulous employers and the Immigration Department will assist workers in any way appropriate in the relevant circumstances.
Promotion or Redesignation
During the currency of a work permit, the holder may not be promoted or re-designated without the prior consent of the relevant Board. This restriction is intended to protect opportunities for Caymanians, but the relevant Boards will be very accommodating in appropriate circumstances. Care should be taken that appropriate applications are made, particularly since a failure to make them can result in revocation of a permit.
Work Permit Dependants
The Board has to be satisfied that the worker has sufficient income available to adequately support any dependants. Currently, the Board would expect to see a monthly salary in the region of CI$3,500 for a family of three and this increases by CI$500-$1,000 for each additional dependant. This is a guideline only. In every case the character, reputation and health of your dependants is taken into consideration as well as whether you can comfortably afford to feed, house, educate and maintain them on the Island. The possibility is that you will be granted a work permit but your children will not be allowed to accompany you. If you are considering starting a family once you have settled in Cayman please see the Having a Baby chapter for guidelines.
Also, each year a fee of CI$250 will be collected for each dependant for persons in the unskilled category and CI$500 for each dependant for those persons in the skilled category. It is a grey area as to whether the employer or the employee must pay for this. A non-refundable fee of CI$200 per person is also collected for repatriation. Please note that your employer must submit the letter applying for your spouse or children to be a dependant on your work permit. If they choose not to do so for whatever reason then your family can only stay here as temporary visitors. See more information below.
Please note that only the following can be dependants of a work permit holder: a child, step-child, adopted child, grandchild, parent, step-parent, grandparent, brother, sister, half brother, or half sister. This means that girlfriends, boyfriends and fiancees cannot be listed as dependants on a person's work permit. If however, you would like them to accompany you to Cayman they will only be allowed to come in as visitor, which has its own complications, until such a time as they get a job themselves and have their own work permit.
Dependant's girlfriend/boyfriend
As the situation stands right now, if a girlfriend or boyfriend comes to the Island without their own work permit they will be allowed in as a visitor and in all likelihood will be given only 30 days to stay. It would help their case if they came with a letter from their 'sponsor' (the permit holder) or from their bank which says that they will be supported or have enough money to support themselves while they are here without seeking work. If they come in with this letter, or send a letter to the Chief Immigration Officer in advance explaining the situation, they might be given a total of 3-6 months to stay. If they want any additional time after this the process is as follows: They must go to the Immigration Department on Elgin Avenue, fill out a form, pay CI$50 and explain why they want an extension. The Immigration Officer will decide how much time to give them based on their individual case and it is unlikely they will be granted more than 30 days as an extension. Every subsequent extension on their time is then charged at CI$100 until they leave the jurisdiction, and upon their return they will be given another 30 days. The whole process is very expensive and will only stop once they get a job or they become your legal spouse. Each time they go to the Immigration Department it would help if they took a letter from the work permit holder explaining the situation and confirming that there are enough funds to support them.
2. Temporary Work Permit
In appropriate circumstances and upon suitable application the Chief Immigration Officer, or his designate, may grant a Temporary Work Permit to an individual permitting them to engage in gainful occupation in the Cayman Islands. Such permits, if granted, are for a maximum of six months and cannot be extended or renewed. An eight month tourism permit is currently being discussed which would span the high season, after which the worker would have to leave the Island.
While Temporary Permits can be and are often used as a bridge between the arrival of an expatriate worker and the issuance of their Standard Work Permit, their use (save in exceptional circumstances) for persons who are not genuinely intended to be temporary employees is discouraged.
Documents Required When Applying for a Temporary Work Permit:
a) Application form
b) An original Police Clearance Certificate
c) Prescribed fees
d) Photographs (passport size), two full face and one profile
e) Cover letter stating why the applicant is seeking a Temporary Work Permit and reasons why a Caymanian (or other person resident in Cayman) was not employed for the position
f) Medical questionnaire form (if permit is to be sought for more than three months).
There is no prohibition on applicants for Temporary Work Permits having dependents. Each application is dealt with on a case by case basis.
One recent and welcomed change is that it is now possible to obtain expedition of Temporary Work Permit applications on payment of a reasonable fee which can guarantee processing within 72 hours. Same day service is even possible in appropriate circumstances.
Despite being a British Overseas Territory, the Cayman Islands are not a part of the United Kingdom, nor indeed (unlike the French 'Departments' in the Caribbean) of the European Union. Therefore, no advantage is given to British or European nationals over any other nationality.
However, not every foreign national working in the Cayman Islands needs a work permit. There are specific categories of person who are exempted from the requirements, subject to strict conditions. For example: Cayman Islands Government employees; journalists representing a recognised news organisation; and non-executive directors of companies carrying on business in the Cayman Islands. Such working visitors are allowed provided they remain in the Cayman Islands for no longer than seven days. The full list of persons and activities exempted is as follows:
● Attending meetings or trade fairs and making purchases from Cayman Islands businesses;
● Attending conferences and seminars as an ordinary participant
● Receiving training, techniques on work practices employed in the Islands
● Representing an overseas educational institution, to promote or to interview applicants for places at such institution
● Being a guest speaker at a conference or seminar where the event is a single or occasional event and not part of a commercial venture
● Organising or supervising a conference or seminar for up to seven days duration where it is a single or occasional event
● Participating in sporting events
● Covering a specific news assignment as a newspaper, magazine, radio or television journalist representing a recognised news organisation
● Working for short periods for a non-profit or cultural organisation based in the Islands
● Giving professional or expert testimony in court proceedings
● A non-executive director of a business being carried on in the Cayman Islands where the person is not involved in the day-to-day operations may visit in his capacity as a director only
● Being a representative of a foreign manufacturer coming to service or repair products under warranty.
Finally please note that any business in the Cayman Islands which regularly employs persons for short periods of no more than fourteen days on any particular visit may seek to apply for a Business Visitor's Permit allowing such individual(s) permission to work in the Cayman Islands for a specified number of visits per year subject to strict limitations.
Enforcement
Breaches of the Immigration Law are treated as quasi-criminal by the Immigration department and can have very serious consequences for all concerned. Overstaying a permission to remain in the Islands, working without or outside of the terms of any permission granted, and many other breaches of the law may result in arrest and prosecution not only of the individual concerned, but anyone who facilitated such a breach, including the directors of a business which employs an expatriate without a work permit.
3. Residency for Persons of Independent Means
For foreign nationals not wishing to work in the Cayman Islands but simply wishing to have the right to reside, there are alternative options. In particular, one can apply to the Chief Immigration Officer for a Residency Certificate which is valid for twenty five years and is renewable.
In Grand Cayman, proof of an annual income of at least CI$150,000 without the need to be engaged in employment in the Cayman Islands is required and an investment of CI$750,000 (of which CI$250,000 must be in developed real estate).
To become resident in Little Cayman or Cayman Brac, proof of an annual income of CI$75,000 without the need to be employed in the Cayman Islands and an investment of CI$250,000 locally, of which at least CI$125,000 must be in developed residential real estate. There is a one-time fee of CI$15,250.
4. Student Visas
A non-Caymanian who is 18 years of age or older, seeking to enter the Cayman Islands to attend a recognised educational institution on a full-time basis may be granted a student visa. The student should be self-sufficient or provide proof of support from other means. The student visa does not allow the student to work. It is understood that the student is expected to leave the Cayman Islands on completion of the programme. Student visas can be granted for a period of up to four years, but may be extended for a further 12 months and cost CI$250.
New arrivals with Cayman Connections
There is only one major option for those married to a Caymanian, which is as follows:
Residency & Employment Rights
Certificate for the Spouse of a Caymanian
Those persons married to a Caymanian can no longer apply for a Temporary or Full Work Permit. They should apply to the Caymanian Status and Permanent Residency Board for a Residency and Employment Rights Certificate, which allows them to remain and work in the Cayman Islands without the need to possess a work permit for seven years. If that is approved then after seven years they can either apply for this certificate to be renewed or apply for the Right to be Caymanian. There is a non-refundable application filing fee of CI$250 and, when approved, there is an additional government fee of CI$400.
Alternatively, they can apply to the Chief Immigration Officer for a Residency and Employment Rights Certificate, which allows them to remain and work in the Cayman Islands without the need to possess a work permit for six months. This cannot be renewed so unless they are under time pressure they are better off following the first option.
Extending your Stay
If you decide that you like Cayman so much that you want to try and stay here, then you have three options:
1) Standard Term Limit (7 years)
2) Apply for Key Employee Status before reaching 7 years (9 years)
3) Apply for Permanent Residence with the Right to Work (after 8 years but (generally) before 9 years)
1. Standard Term Limit (7 years)
All foreign nationals gainfully employed in the Cayman Islands are entitled to consideration for the grant of a work permit for up to seven years, unless they are a 'Key Employee'. There is no assurance that permits will be renewed, although generally they are. After seven years foreign nationals will not be granted any form of work permit until they have ceased to be resident in the Cayman Islands for at least one year. In most instances, this means they will have to leave the Cayman Islands for a minimum of 12 months before they can be granted a new work permit. Visits in the intervening period for vacation and the like as a tourist visitor are however permitted.
In order to understand the reasoning behind the Government's creation of limits on work permit terms, it is helpful to know the history of the population increase in this diverse community. The Cayman Islands have undergone a dramatic change since the early 1970s. At the start of that decade, the population was approximately 10,000 persons. Less than 40 years later that number now stands nearer 60,000.
Much of this dramatic increase has come about as a result of foreign nationals settling in the Islands and obtaining permanent rights of tenure. With that change has come not only strains on the infrastructure, but a recognition amongst indigenous Caymanians that their culture might be overwhelmed and their sense of community diminished if the process is not managed correctly. There is also a perception by Caymanians that their participation in the success of Cayman is diminishing. Whilst the people of the Cayman Islands are welcoming of foreign nationals, there has been a realisation that continuing to invite increasing numbers of individuals to acquire security of tenure and become permanent inhabitants of the Cayman Islands is unsustainable.
The Cayman Islands implemented a 'term limits' policy on the 31st December 2003. This was done to ensure that only those expatriates most committed to the success of the Cayman Islands were given tenure, and also to provide opportunity for Caymanians to advance their careers where previously there was little or none. The policy continues to be refined and is expected to be extended to Government employees, although if it is, various protections are likely for the many persons already here.
2. Key Employee Status (9 years)
Foreign nationals can generally only enjoy the benefits of work permits for more than seven years if, prior to the expiry of their seven year term in the Cayman Islands, the Immigration authorities have granted Key Employee Status to the individual. It is up to the employer to make a successful application in respect of their relevant employees. Upon grant of Key Employee Status, that employee is entitled to be considered for the grant of work permits until he or she has been continuously resident in the Cayman Islands for a total period of nine years, following which they will not be entitled to consideration for the grant of a further work permit until after they have ceased to be a resident of the Cayman Islands for one year, unless they have applied for Permanent Residence with the Right to Work.
In addition to the other benefits, a Key Employee also enjoys a presumption in favour of the renewal of their work permits until they reach their nine year term limit, assuring them of an opportunity to apply for Permanent Residence with the Right to Work.
3. Permanent Residence with the Right to Work
An applicant must have eight years of legal ordinary residence in the Cayman Islands before an application can be submitted. Permanent Residence with the Right to Work will generally only be available to Key Employees who have made successful application after they have been in the Cayman Islands for eight years, but before (subject to some exceptions) they must otherwise leave at nine years. An application for Permanent Residence with the Right to Work is not unduly onerous, but it requires attention to detail. Those individuals who prepare for such an application over the years leading up to it are very likely to find their application successful.
A points system awards points based on established criteria. For example, investment in property can provide up to 20 points (with some weighting provided based on the applicant's overall means so that the wealthy are not unduly advantaged over others), as can involvement in the community, and participation in the training and employment of Caymanians. 100 points, out of a possible total of 205, are required before an applicant can be awarded Permanent Residence with the Right to Work. See below for specific factors taken into consideration.
Under most conditions, a successful applicant can remain in the Cayman Islands indefinitely, provided they pay the fee applicable on grant and an annual fee is paid by their employer equivalent to someone employed on a full work permit. They can work for any employer although some limitations may be placed on the specific role which they are entitled to fill. Variations may be granted with the prior approval of the Caymanian Status and Permanent Residency Board.
An unsuccessful applicant is generally entitled to a final 12 month permit, following which they must leave the Island for one year before they may be considered for the grant of any future work permits. Factors affecting Permanent Residence that will be taken into consideration include:
1) Your occupation:
> Professional, Skilled or Unskilled
2) Knowledge and experience:
> Number of years experience in field (points based on one point for each year after minimum threshold of two years with a maximum of 15 years)
> Degree programme qualifications and/or professional/postgraduate qualifications
> Skilled tradesman
3) Skills:
> Professional, Skilled or Unskilled
(Points are allocated with the level of skills required in your particular field of expertise, based on the Employment Relations Department's report).
4) Financial Assessment: Investment either in property or a local company (the Board will take into account the applicant's investment relative to his actual means).
5) Funds and Salary: Evidence of cash or investments, and evidence of salary, income and ability to support the applicant and any dependants. Also of vital importance is your ability to provide for their healthcare and educational needs.
6) Contribution to the Community: For example only: training and employment of Caymanians; the participation in a youth programme; participation in a church or local society; participation in a service or social club and personal references.
7) Passing a History/Culture Test of the Island:
(You will receive one point for every question you answer right, out of 20 questions).
8) Close Caymanian Connections: i.e. being a parent, child or spouse of a Caymanian; having relatives who are Caymanian.
9) General: For example, the geographical area you are from is taken into consideration in an effort to maintain a suitable balance of nationalities in the Islands.
10) Deductible components: Character, health, and other mitigating factors.
The maximum number of points possible is 205 with 100 being the minimum number of points needed to achieve the grant of Permanent Residence.
As of late 2008 the inclusion of a new section of the law confers on the Board the absolute power to revoke the permanent residence of any holder who 'fails to maintain the level of financial investment stated in his application'. The law also states that if false information is provided, or a material fact is concealed in the application, the Board may revoke any permanent residence granted. Finally, if persons become destitute subsequent to the grant of permanent residence it may be revoked. Harsh as this might all sound, without a large tax base available to provide an extensive social safety net, the Cayman Immigration law seeks to ensure that only 'net contributors' are awarded permanent residence.
Working by Operation of Law (WOL)
An applicant for permanent residency may, while their application is pending, apply for the right to work by 'Operation of Law'. If the applicant's final work permit has expired they will not be entitled to work in the Cayman Islands whilst awaiting the outcome of their application for permanent residence, unless and until they have sought and obtained a 'WOL' stamp in their passport. A 'WOL' stamp attracts the same fee as would be payable in respect of a work permit and must be renewed annually as may be applicable in particular circumstances.
There are numerous exemptions to the term limit provisions. For example, a person married to a government worker or a person whose term limit is to expire after theirs, can combine to have permits renewed until their spouse's right to remain in the Cayman Islands ceases.
Becoming a Caymanian
Naturalisation
Persons who have been lawfully resident in the Cayman Islands for a discretionary period of between three to five years following the grant of Permanent Residence may apply under the British Nationality Act for naturalisation as a British Overseas Territories Citizen. Application is made to the Chief Secretary's Office and upon grant the applicant becomes a British Overseas Territory Citizen by virtue of a connection to the Cayman Islands. This entitles the applicant to a Cayman Islands passport but does not make the applicant a Caymanian or give them a right to work. It does however entitle the holder to ultimately apply for the right to be Caymanian.
Acquisition of the Right to be Caymanian
Any person who has been naturalised as a British Overseas Territories Citizen by virtue of his or her connection with the Islands may, upon satisfying various residency requirements, apply for the grant of the Right to be Caymanian. Persons who have been married to a Caymanian for seven years can also apply for the right to be Caymanian. A persons who is the child of a Caymanian, no matter the basis on which the parent became Caymanian, is generally considered a Caymanian if he/she is born subsequent to their parent becoming a Caymanian as of right. The Governor in Cabinet may, in exceptional circumstances, grant the right to be Caymanian to up to four persons in any year. However, a Caymanian who acquired the right to be Caymanian can lose that right if they have not met various residency requirements or, for example, if they are convicted of an offence which was made possible by, facilitated by or connected with the grant of the Right to be Caymanian.
For More Information
The information contained here is a summary of the requirements. The Immigration Law (2007 Revision) and its Regulations are quite complex. For interpretation and understanding, we recommend that you contact the Immigration Department on (345) 949 8344 or www.immigration.gov.ky or one of the local Immigration consultants or specialist lawyers that are available. Copies of the Immigration Law (2007 Revision) and Immigration Regulations (2007 Revision) may be purchased at the Legislative Assembly for a nominal fee. The Immigration Department is open from 8.30am to 4pm Monday to Friday.
Anglin-Lewis & Associates Ltd.
Tel: (345) 943 2525 Fax: (345) 943 2524
Email: pal@anglinlewis.ky
Appleby
Tel: (345) 949 4900 Fax: (345) 949 4901
Email: cayman@applebyglobal.com
Cayman Immigration Consultant Services
Tel: (345) 943 1186 Fax: (345) 943 1187
Email: cics@candw.ky
