Working by Operation of Law Application Form
W4 - Working by Operation of Law Application Form
Use this form:
If you wish for the Department to make a determination on whether you are eligible to continue to work in the Cayman Islands while awaiting one of the following:
- decision on Key Employee application
- decision on Residency & Employment Rights Certificate
- decision from the Immigration Appeals Tribunal on Work Permit, Term Limit Extension Permit or Specialist Caregiver Certificate refusal
- decision on Specialist Caregiver application
- Judicial Review
- decision from the Immigration Appeals Tribunal on permanent residence refusal
Submission requirements (see checklist):
In submitting this form you should enclose the following (where applicable):
- All Applications and supporting forms to the application should be printed on regular size, plain, white paper and duly completed.
- Coloured paper, stock card, letterhead, or parchment/transfer papers are all unacceptable.
- All forms should be submitted in the correct format which includes the title pages and immigration logos.
- Forms should be in the correct page number order and there should be no missing page
A cover letter signed by employer with detailed summary of why the Working by Operation of Law stamp is required.
The correct fee, (equivalent to annual work permit fee or 50 per cent for 6 months) including non-refundable application fee
Persons working in the Islands for more than 9 months must have a pension plan in accordance with the National Pensions Law. This single 9 month waiting period does not restart if an employee switches employers (see 52 (2) (b) note below). This single 9 month period starts with the initial work permit and may span multiple permits or multiple employers. Once this single 9 month period has expired, the current and any future employers, are responsible for pension contributions.
National Pensions Law, Section 4 (1) Establishment of pension plans:
(1) Subject to section 25(2), every employer in the Islands shall provide a pension plan or make contribution to a pension plan for every person employed by him in the Islands…
Section 25, Eligibility for membership, reads in part:(1) Subject to subsection (2), all employees between 18 years and 60 years shall be members of a pension plan.
(2) Employers are not required to provide pension plans, or to contribute to pension plans, for the benefit of employees who do not have Caymanian status, or who are not permanent residents…and who…-
(3) Every self-employed person shall either be a member of an approved pension plan or shall contribute to an individual retirement account with an approved provider.
- have been working in the Islands for a continuous period of 9 months or less; or
- are employed to do housework in private residences.
(4) Where an employee is employed by more than one employer, each employer shall be liable to pay contributions to a pension plan in respect of such employee.
- (2)(b) above applies to Domestics only; the (2)(b) exemption does not apply to Nannies.
- If an employee has more than one employer, all employers must contribute to the employee’s pension.
- 53 (2) (b): if a person ceases to reside in the Cayman Islands for 6 continuous months and are granted another work permit, the 9 month waiting period recommences.
It is required that every employer in the Cayman Islands provide health insurance to every employee, and to all dependents of that employee permitted to remain in the Cayman Islands. See the following law excerpts for additional information.
Health Insurance Law, Section 11(1), “Duty of employer to provide information to employee”:
(1) An employer, within fifteen days after commencement of an employee's employment with that employer, shall give a written statement to the employee consisting of-
- The name and address of the approved insurer with whom the employee's standard health insurance contract has been effected;
- The effective date of cover under the contract; and
- The insurance number of the contract of health insurance.
Section 5(2) of the same law, “Compulsory health insurance”:
(2) Subject to this section, every employer shall effect and continue on behalf of- (a) himself; (b) his dependants; (c) each of his employees; and (d) the dependants of each of his employees, a standard health insurance contract.
Unless the Prospective Employee has submitted to Immigration a medical questionnaire in the past three years, one must now be provided. Part 1 must be completed by the Prospective Employee; Part 2 must be completed by their physician and must bear the physician’s signature and seal or stamp.
The original lab report showing the HIV/VDRL test results must also be provided. The HIV/VDRL tests must be taken within the six months preceding the application for the grant of a work permit. Lab reports are only valid for six months.
Original medical questionnaires are also required for an accompanying spouse and any children over the age of eighteen.
Special circumstance for Prospective Employees from workers from Dominican Republic, Haiti, Honduras, Jamaica, and Nicaragua:
- HIV/VDRL tests for Prospective Employees from these countries must conduct their tests in the Cayman Islands.
- For a Prospective Employee, from these countries, who is not currently in the Cayman Islands, the submission of the application need not include the HIV/VDRL tests. For such Prospective Employees, the tests will be conducted In Cayman if the application has been provisionally approved.
A copy of the appeal fee receipt (where relevant)
Provide a copy of the employer’s T&B Licence. Where the T&B Licence has expired recently, the employer can provide a copy of the renewal payment receipt.
Where the business is licenced by a body other than the Trade & Business Board, e.g., the Cayman Islands Monetary Authority, a copy of that licence or renewal payment receipt is required.
A certified and signed police clearance certificate with respect to the prospective employee, from their home district or last place of residence and issued within six months preceding the date of application.
Send the completed application to:The Secretary to the Work Permit Board
P.O. Box 1098
Grand Cayman, KY1-1102
What happens next?
A letter will be sent to you, notifying you of the decision.Under the Law an applicant is required to provide a complete application which has been defined as above. Failure to comply with the above could result in a refusal by the Board.
- Revised 22-Apr-16