Work Permits - Rights and Obligations of an Employer

Who can I employ without a work permit?

Caymanians, holders of a Residency & Employment Rights Certificate, persons with Refugee status and persons granted permanent residence with the right to work.

Can I employ other persons for short periods without a work permit?

A person arriving in the Islands for the purpose of engaging in any of the activities listed below for a period not exceeding seven days is not required to obtain a work permit provided that only such activities are engaged in and no other activity is carried out that would otherwise require a work permit.

• The activities referred to are-

  1. attendance at meetings or trade fairs and making purchases from Cayman Islands businesses;
  2. attendance at conferences and seminars as an ordinary participant;
  3. the receiving of training, techniques and work practices employed in the Islands, where that training is confined to observation, familiarisation, and classroom instruction and only if the person is employed by a company or organisation carrying on business outside the Islands;
  4. being a representative of an overseas educational institution, to promote, or to interview applicants for places at, such institution;
  5. being a guest speaker at a conference or seminar where that event is a single or occasional event and not part of a commercial venture;
  6. the organising or supervising of a conference or seminar for up to seven days duration where it is a single or occasional event-
  1. involving a specialist subject
  2. attracting a wide audience; and
  3. open to participants from outside the Islands;
  7. the participation in sporting events, or trials or auditions in connection with such events;
  8. the covering of a specific news assignment as a newspaper, magazine, radio or television journalist representing a recognised news organisation;
  9. working for short periods on behalf of or for a non-profit or cultural organisation based in the Islands;
  10. the giving of professional or expert testimony in court proceedings;
  11. working as a non-executive director of a business being carried on in the Islands where the person is not involved in the day to day operations in the Islands but is visiting in his capacity as a director only.

I intend to employ a non- Caymanian to work for short periods over the next 12 months. What type of work permit should I apply for?

Any person carrying on business in or from within the Islands who regularly throughout each year employs persons not legally and ordinarily resident in the Islands on a temporary basis, may make a single application in each calendar year to the Chief Immigration Officer for the issue, in each calendar year, of one or more Business Visitors Permits. The application must state the maximum number of times that the business visitor will be visiting the Islands in the calendar year, their occupation and the maximum duration of their stay during each visit. Note: a Business Visitors Permit cannot be issued for more than fourteen days on any one visit.

I intend to employ a non-Caymanian to work between 1- 180 days. What type of work permit should I apply for?

The Immigration Law (2007 Revision) allows the Chief Immigration Officer to grant a Temporary Work Permit for a period up to 180 days.

Can I renew a Temporary Work Permit?

Temporary Work Permit issued for 180 days cannot be renewed or extended.

I have terminated the employment of a work permit holder and would like to delay informing the Immigration Department so that he can look for another job. Is this allowed?

The Immigration Regulations require an employer to inform the Chief Immigration Officer of the termination of employment of a work permit holder immediately. An employer who fails to comply with this requirement can be fined five thousand dollars.

Am I required to provide a letter of release to a work permit holder whose employment I have terminated?

No, but you may do so if you have no objection to the person seeking alternative employment.

Can I require a work permit holder to pay for their work permit?

No. it is an offence under the Immigration Law (2007 Revision) for an employer to seek or receive money or other compensation from a work permit holder in respect of his work permit fee.

Can I promote or re-designate a work permit holder without the approval of the Work Permit Board or Business Staffing Plan Board?

No, the Immigration Law (2007 Revision) requires you to first obtain the approval of the relevant Board before promoting or re-designating an employee.

Last Updated: 2008-01-04