Section 44 of the Immigration Law (2011 Revision) prescribes matters to be taken into account by the Work Permit Board, the Business Staffing Plan Board and the Chief Immigration Officer when considering an application for the grant or renewal of a work permit.
In particular, the Law states that when considering an application of a Work Permit, the Work Permit Board, the Business Staffing Plan Board or the Chief Immigration Officer must take into account that the prospective employer has:
- demonstrated his genuine need to engage the services of the prospective worker;
- unless he has been exempted by the Governor or by the Board, sought, by advertising in at least two issues for two consecutive weeks in a local newspaper, to ascertain the availability of any one or more of the following in the order in which they are listed:
- a Caymanian;
- the spouse of a Caymanian;
- the holder of a Residency and Employment Rights Certificate; and
- a person legally and ordinarily resident in the Islands who is qualified and willing to fill the position; and
- in the case of an application in respect of a professional, managerial or skilled occupation, the Board is satisfied as to the extent to which he has established adequate training or scholarship programmes for Caymanians.
With regard to the worker, the following must be taken into account:
- his character, reputation and health, and where relevant, the character, reputation and health of his dependants;
- his professional and technical qualifications and his experience and competence to undertake the position applied for;
- the economic and social benefits which he may bring to the Islands;
- the sufficiency of the resources or the proposed salary of the worker and, where his spouse is employed within the Islands, those of his spouse, and his or their ability to adequately maintain his or their dependants;
- his facility in the use of the English language; and
- the location, type and suitability of the accommodation available for the worker and his dependants, if any, throughout the term of the work permit.
Generally, the following must be taken into account:
- the protection of local interests and in particular of Caymanians, including without limitation and where applicable, the provisions set out in section 44(2)(c)*;
- the availability of the services of a suitable person already legally and ordinarily in the Islands; and
- the requirements of the community as a whole, the demographics referred to in section 24(j)** and such other matters that may arise from the application.
*Section 44(2)(c) of the Immigration Law states as follows:
“In the case of an application in respect of a professional, managerial or skilled occupation, the Board or the Chief Immigration Officer as the case may be, is satisfied as to the extent to which he has established adequate training or scholarship programmes for Caymanians.”
**Section 24(j) of the Immigration Law states as follows:
“Adequate consideration has been given to the desirability of granting the right to be Caymanian to applicants with different backgrounds and form different geographical areas so that a suitable balance in the social and economic life of the Islands may be maintained.”