Immigration, Visas and Work Permits

While many people come to the Cayman Islands to visit or invest thousand of others also come to work. With a booming tourist industry and a financial services sector that ranks around number five in the world, Cayman attracts migrant workers with a diversity of talents. As of January 2008 there were more than 26,400 work permit holders, around three quarters of the entire workforce, and they come from around 125 different countries.

More than 11,000 of those permits are however issued to Jamaicans who are the largest single group of nationals working here. Migrant workers from the Philippines come in second with nearly 3000 permits and UK citizens are now the third largest group with just over 2000. As there are so many overseas workers and visitors coming and going at any given time there are a number of complex rules and regulations governing the full gambit of immigration issues from visa requirements to who can be afforded Permanent Residency

As the Cayman Islands is a British Overseas Territory people who require a visa to visit must apply for one at a British Embassy, Consulate or special Cayman Islands Visa Office. Nationals from the United States, Canada, most of Western Europe and the Caribbean do not require visas to enter for a short visit or vacation. However, a controversial visa requirement for Jamaicans was introduced by the Cayman Islands government in 2005. The period for which a visitor can stay is generally determined by an immigration officer at the point of entry, depending on the visitor’s return flights or financial backing. Anyone who is not a Caymanian or a resident in the islands needs a student visa in order to study at any of Cayman’s higher educational institutes.

Although the Cayman economy is dependent on overseas labour the government maintains a strict immigration policy to protect the rights of Caymanians to first refusal and opportunity in the workforce. The fees earned for the award of work permits are an important element in government revenue. Those who come to work in Cayman must hold a valid work permit before they can enter and people are not allowed to enter on a visitor’s visa and look for work. It is the employer who must apply for the employee’s work permit and pay the fees associated. Most opt for a temporary permit in the first instance before applying for an annual permit to ensure the new employee is a good match. However, the employer must make an application for an annual permit before a temporary permit expires on behalf of the worker otherwise the employee cannot work while waiting for the annual permit to be granted. All annual work permit applicants are subject to a medical and can be refused on the basis of certain health conditions.

The employee’s work permit is tied to his or her employer therefore employees wishing to move positions must follow a number of rules before they can do so. Foreign workers who attempt to job hop are often refused permits. The Chief Immigration Officer and his officers are responsible for granting, or indeed refusing all temporary permits. The Work Permit Board is still currently responsible for all decisions relating to annual permits although the government has promised to look into ways that straightforward annual permits and renewals can be granted by immigration officers in the future to alleviate the pressure on the Work Permit Board as the number of permit holders continues to grow.

The cost of a work permit varies greatly depending on the role in question. Starting at CI$150 per annum for a gardener, for example, rising to $17,500 for a Chief Executive. An Accountant costs $7500, an Executive Chef $6000 and a technical worker such as an engineer or an office administrator $2750.

Work permit holders are only allowed to work continuously on island for a period of seven years. This is known commonly as the Rollover Policy. Employees must leave after their last work permit is granted but should they find an employer then they can apply to return after 12 months and start the clock again. The Cayman Government has said it introduced this policy to prevent the growing numbers of work permit holders all becoming eligible for permanent residency and to encourage employers to train Caymanians into positions held by overseas workers.

The Work Permit and Business Staffing Plan boards work in tandem to try and ensure employers are recruiting, retaining and training Caymanians and keeping a balanced workforce. The boards frown upon employers who do not recruit local workers or who tend to employ a large percentage of one particular nationality.

As Cayman’s indigenous population cannot meet the demands of Cayman’s labour force and the talent shortages worldwide in finance, employers can seek Key Employee Status for some specialist workers allowing them to stay for longer and then apply for Permanent Residency and in time Caymanian Status. The large number of foreign workers has proved to be something of a political football with each successive administration attempting to balance the needs of a growing modern economy with the concept of Caymanian identity. The seven year limit is designed to help attract skilled professionals in he numbers required to fill the labour force, but prevent Caymanians being what has been described my many politicians as overwhelmed.

For those workers and others such as investors who  do manage to stay for nine continuous years in residency they are entitled to apply for permanent residency the first step on the road to becoming Caymanian. These applications are handled by the Caymanian Status & Permanent Residency Board and are officially judged on a point system. The applicant is usually expected to have particular skills or professional expertise, have invested in property or a business, to have made a significant contribution to the community and to have close connections to Cayman through relationships and family. Even if an individual scores highly however, they can still be refused as the award is at the discretion of the board. Once an applicant is awarded permanent residency they can then begin the process of gaining Caymanian Status.

For details brochures and application forms visit the Cayman Islands Immigration website:

www.immigration.gov.ky

For specific questions regarding entry into the Cayman Islands contact the Cayman Islands Department of Immigration:

Immigration Department - Cayman Islands Government
PO Box 1098GT
Elgin Avenue, George Town
Grand Cayman, Cayman Islands

Telephone: (345) 949-8344 or 949-8052
Fax: (345) 949-8486