Key Employees & the Business Staffing Plan

The following section has information on why an employee can be designated as key employee

Making an application to have an employee designated as a key employee under section49 of the Immigration Law (2007 Revision)

When seeking to have a worker designated as a key employee, an employer must satisfy the Work Permit Board or the Business Staffing Plan Board, as the case may be, that the worker fulfils one or more of the requirements listed in section 49(4) subsections (a) to (g) of the Immigration Law (2007 Revision). When making an application, the employer must make it clear which of the seven subsections they believe the worker fulfils, and provide as much information as possible to demonstrate why this is the case.

The following may help employers with respect to the sorts of information that would be useful with respect to each of the subsections.

'[the worker] is recognized as having particular expertise in his field, trade, or employment':

What are his/her qualifications? Number of years experience? Specific achievements? Particular specialization of work? Measure of recognition within the local or international organization? Leadership ranking or involvement in the industry or sector? Summary background on his/her industry network?

'[the worker] is or will be directly involved in training Caymanians or developing their skills in the field in which employed, and his expertise is important to the effective continuation of such training and development':

What is the employee's role in training, generally or specifically? (For example, demonstrating tangible efforts to develop the careers of Caymanian subordinates, such as in personal development plans arising from Performance Appraisal exercises). Record of achievements of employee(s) under his mentorship or responsibility? Details of in-house training or mentoring activities? Provide a listing of persons trained or developed, and details of their current status in the business. It may be helpful if a letter(s) of commendation from Caymanian team members could also be provided. Details of any knowledge or information transfer initiatives, involving Caymanian staff peers or subordinates (for example through Mentoring, or group or team work activities, etc.)?

'[the worker] is or will be a professional employee whose expertise or skills are not available in adequate measure in the Islands, and it is of economic and social benefit to the business or the Islands to attract such skills to the Islands':

Demonstrate the correlation between the employee's skills and qualifications to his/her role in the business. Provide compelling arguments for the absence or unavailability of such skills on the Islands, or particular difficulty in securing similar skills in the international marketplace. Provide key indicators relating to direct and quantifiable benefits to the business and the Islands, including: fee or labour-rate income earning track record and potential; Government revenue/fees; connectivity to international business network for training, secondments, or attachments.

'[the worker's] absence from the Islands will be detrimental or cause serious hardship to his/her employer, to Caymanians, or to the Islands':

Provide specific information to quantify any materially detrimental or negative impacts, including customer retention or satisfaction, profitability of the business, employment of Caymanians, or Government revenue.

'[the worker's] business contacts are or will be of importance to the continued success of the business or its contribution to the Islands':

Provide quantitative information or compelling arguments to demonstrate the impact of these contacts. If possible, provide details of fee income, business growth, and Government revenue.

'there exist other economic or social benefits to the Islands by virtue of securing or retaining [the worker's] specialist skills or expertise':

Provide quantitative information or compelling arguments to demonstrate his/her economic or social benefits, direct and indirect. Actual and projected revenues, upward mobility of Caymanians, additional opportunities for Caymanians in the business due to growth encouraged by this employee, and new employment opportunities due to growth and expansion of the business.

'The circumstances of [the worker's] particular case are considered by the Board to be exceptional and to justify a special reason to employ him or to allow him to be designated as an exempted employee':

Full and specific information to be provided as necessary, with supporting quantitative and qualitative justification as appropriate.

Last Updated: 2008-01-16