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Business Staffing Plans FAQs

Frequently Asked Questions about Business Staffing Plans.
Who must have a Business Staffing Plan?
Every company, firm or other business enterprise employing fifteen or more persons on work permits must submit to the Business Staffing Plan Board (BSP Board) a Business Staffing Plan in accordance with the Third Schedule to the Immigration Regulations. Companies or businesses employing fewer than fifteen work permit holders may submit a Business Staffing Plan. However, such a company must submit a Business Staffing Plan within six months of the date as of which they commence employing fifteen or more persons on work permits.
Who needs to be included in the Business Staffing Plan?
Paragraph 3 of the Third Schedule to the Immigration Regulations requires the following information to be included in a Business Staffing Plan:-
  • the number of employees at the date of the submission of the Plan;
  • the number of Caymanian and non-Caymanian employees;
  • the positions occupied by all Caymanian and non-Caymanian employees, the nationality of the non-Caymanian employees and whether such non-Caymanian employees are permanent residents or holders of work permits;
  • the length of time each position has been held by a work permit holder;
  • in respect of posts held by work permit holders other than permanent residents, the likelihood of such posts being filled by Caymanians or permanent residents and the anticipated length of time, in respect of each post, before that happens;
  • a list of the positions in the business that are identified as exempted positions and a brief statement as to why they are so considered;
  • the anticipated growth of the business and its future plans for the next three years;
  • the future anticipated needs of the business as regards its workforce for the next three years;
  • the commitment of the business to education and development locally including scholarships, training schemes and in-house training;
  • the recruitment policy of the business; and
  • an identification by the business of the number of work permits that will be required in at least the next three years, the posts for which they will be required and the desired duration of those work permits.

A standard Business Staffing Plan submission form is available from the Department of Immigration or it can be downloaded here.

What are the benefits of filing a business staffing plan with the BSP Board?
A Business Staffing Plan will assist both the BSP Board and your business to plan for the future. With your Business Staffing Plan the BSP Board will have a much better idea of your present and future business staffing needs and you will have a much better idea of the Board's requirements for the education, training and promotion of Caymanians within your business. There are, however, other benefits:
What happens if my business staffing needs are unpredictable and fluctuate from year to year?
No business can be absolutely certain of its business staffing needs from year to year. Businesses will know what their needs have been, but many may find it difficult to predict how these needs might change in the future. If staffing needs change from those predicted in a Business Staffing Plan, the business will have a number of options:-
  • If there has been a reduction in the number of staff required, a business may choose not to apply for all the positions included in the Business Staffing Plan Certificate.
  • If there has been an increase in the number of staff required that was not originally anticipated or included in the Business Staffing Plan Certificate, the business can apply to the BSP Board for those additional staffing needs.
  • A business may choose at any time to file an amended Business Staffing Plan to be considered by the BSP Board where there has been a substantial change in its staffing needs.
  • Businesses may simply choose to maintain their status quo and predict that their business will not increase or decrease over the next three to five years.
How will the Business Staffing Plan Board assess a proposed Business Staffing Plan?

A quorum of five members of the BSP Board meets weekly to consider proposed Business Staffing Plans and applications for the grant or renewal of work permits approved under a Business Staffing Plan Certificate.

Each industry will be given at least one month's notice of the dates upon which their proposed Plan will be heard and each business or company within the industry will be invited to meet with the BSP Board on the date that their Plan is being heard. Once a Plan has been approved, the BSP Board will issue a Business Staffing Plan Certificate under which work permits may be issued, upon application, in relation to specific positions listed in the Business Staffing Plan Certificate. For certain positions the BSP may waive the requirement to advertise before submitting an application for the grant or renewal of a work permit. In addition, the Business Staffing Plan Certificate will indicate if there are other conditions to be fulfilled such as, if, and by when, a position should be filled by a Caymanian or scholarship requirement. Such conditions will be applicable to the relevant positions.

All positions included in the Business Staffing Plan Certificate will be cross-referenced in the Department of Immigration's database to the name of the current work permit holder. This is to ensure that there is no duplication of work permits for each position granted, and to enable the business or company to apply for replacements when work permit holders leave.

How can we be assured that the Business Staffing Plan structure will not be abused by the businesses or the BSP Board?

The Business Staffing Plan concept requires trust and goodwill on both sides.

The BSP Board must understand and accept that not every effort to recruit or train a Caymanian for a certain position is going to meet with success.

For their part, businesses must accept that the BSP Board will pay close attention to any drastic increases in the number of expatriates proposed in any Business Staffing Plan.

Both parties must accept that this process requires open, honest discussion and negotiation in order to work.

How do I apply for an annual work permit grant under a Business Staffing Plan?
Click here to download an application form and click here for Guidance Notes to help you complete your application.
How do I apply for a renewal of a work permit grant under a Business Staffing Plan?
Click here to download an application form and click here for Guidance Notes to help you complete your application.
What happens when the Business Staffing Plan Certificate is about to expire?
Where the Certificate is about to expire the company must apply for its renewal. If the renewal application is submitted before the expiry date the company is allowed to continue operating under the terms and conditions of the Plan pending the renewal. If the Certificate expires before the renewal application is submitted the company will be regarded as not complying with the requirement to hold a Business Staffing Plan Certificate.
What are the consequences if a company that is required to do so does not submit a Business Staffing Plan as required by the Law?
The Law states that where a company has failed to comply with the requirement to submit a Business Staffing Plan neither the Work Permit Board, the Cayman Brac & Little Cayman Immigration Board nor the Chief Immigration Officer may entertain an application for a work permit or a temporary work permit in respect of the company. Further, where the application is in respect of a worker who was employed on a work permit or a temporary work permit on the date of the application, his right to work ceases upon the expiration of the work permit or temporary work permit. However, once the company files its Business Staffing Plan the Work Permit Board and the Chief Immigration Officer may, although it was filed late, resume entertaining applications for the grant or renewal of work permits in respect of the company.
What happens where an application for a Business Staffing Plan is submitted late?
Where an application for a Business Staffing Plan is submitted after any deadline provided for in the Law it must be accompanied by a fee amounting to double that which would otherwise have been paid if the application had been submitted in time.
Can a Business Staffing Plan Certificate be varied?
Yes.