Skip navigation

Certificate for Specialist Caregivers FAQs

Frequently Asked Questions relating to the Certificate for Specialist Caregivers.
What is a Specialist Caregiver?
A Specialist Caregiver is a person who, in the capacity of domestic helper, nurse, nanny or in some other care-giving capacity, cares for an elderly person, a handicapped person or a sick person.
Will time spent as the holder of a Certificate for Specialist Caregivers count towards the eight years required to be eligible to apply for permanent residence?
No. The Immigration Law states that time spent as the holder of a Certificate for Specialist Caregivers does not count as legal and ordinary residence for the purpose of applying for permanent residence.
Is a Certificate for Specialist Caregivers renewable?
Yes. A Certificate is valid for five years and this period may be renewed upon application to the Work Permit Board or the Chief Immigration Officer provided that the criteria concerning the person being cared for are still met.
Who can I work for as the holder of a Certificate for Specialist Caregivers?
You are only entitled to continue to work, or return to work, for the employer with whom you have been, or were, employed prior to the expiry of your final work permit unless the Certificate has been transferred to another holder on the basis that the original employer has died or is no longer capable of holding the Certificate.
Can a Certificate for Specialist Caregivers be 'shared' by more than one employer?
No.
Can my dependants be included on the Certificate for Specialist Caregivers?
No. Dependants may not be included or added at a later date to a Certificate for Specialist Caregivers.
What will happen if the person for whom I am caring dies or recovers from their sickness?
An application for the renewal of a Certificate for Specialist Caregivers may be refused and a Certificate may be revoked by the Work Permit Board or the Chief Immigration Officer if:
  • you, as the employee named in the Certificate, cease to be employed by the employer named in the Certificate;
  • the person named in the Certificate as being cared for dies or ceases to be a sick person or a handicapped person.
Are there any other circumstances under which I could lose the right to employment on the basis of a Certificate for Specialist Caregivers?
Yes, if in the opinion of the Work Permit Board or the Chief Immigration Officer, any of the following applies to the employee -
  1. he organises or engages in subversive political activity, or organises, causes or promotes racism within the Islands;
  2. he has been convicted of an offence against the laws of the Islands;
  3. he has been convicted of an offence under the laws of another country, the nature of which offence would, in the opinion of the Board, make his continued presence in the Islands contrary to the public interest;
  4. he becomes destitute;
  5. he becomes mentally disordered or mentally defective as defined in the Mental Health Law (1997 Revision);
  6. he is medically certified to be suffering from a communicable disease that makes his continued residence in the Islands dangerous to the community;
  7. he is reasonably believed-
    1. to be a prostitute and to have come to the Islands for the purposes of prostitution; or
    2. to be living on, or receiving the proceeds of prostitution;
  8. he is deemed by the Governor to be an undesirable inhabitant of the Islands.
    1. the person named in the Certificate as being the employer dies or becomes in the opinion of the Work Permit Board no longer capable of holding the Certificate.
If an application for a Certificate for Specialist Caregivers is refused, is there a right of appeal?
Yes. An appeal may be made to the Immigration Appeals Tribunal.
When an application for a Certificate for Specialist Caregivers has been submitted can the employee continue to work for the applicant?
Where an application is submitted during the currency of a final work permit or a final non-renewable work permit for a Certificate to commence immediately upon its expiration or an application for the renewal of a Certificate has been made prior to its expiry, then the employee may continue to work on the same terms and conditions of their final work permit, their final non-renewable work permit or the Certificate for Specialist Caregivers until the application has been determined by the Chief Immigration Officer or the Work Permit Board, and in the event that the application is refused, until the outcome of any appeal against the decision to the Immigration Appeals Tribunal.
If an application for a Certificate for Specialist Caregivers is refused, can I be granted a work permit?
If an application for the grant or renewal of a Certificate for Specialist Caregivers is refused, and any appeal to the Immigration Appeals Tribunal against the decision is not allowed, it is not possible for a work permit to be issued until you have left the Islands for at least one year.
Can a Certificate for Specialist Caregivers be transferred to another holder?
If during the currency of a Certificate the holder of the Certificate (i.e the employer) dies or is no longer capable of holding the Certificate, it may be transferred at the discretion of the Work Permit Board to another competent holder provided that the employee will continue to care for the same sick, elderly or handicapped person named in the Certificate.