Help for Employers on Key Employee Applications

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Help for Employers on Key Employee Applications

When seeking to have a worker designated as a key employee, an employer must satisfy the Work Permit Board or the Business Staffing Plan Board that the worker fulfills one or more of the requirements listed in section 49(4) subsections (a) to (g) of the Immigration Law. When making an application, the employer must make it clear which of the seven subsections they believe the worker fulfills and provide as much information as possible to demonstrate why this is the case.
The following will help employers understand the type of information they should provide as it relates to each of the subsections in the Immigration Law:

'[the worker] is recognised as having particular expertise in his field, trade, or employment':

Detail the worker’s qualifications, number of years’ experience, any specific achievements and particular specialisation of work. Also provide information relating to the worker’s measure of recognition within the local or international organisation, their leadership ranking or involvement in the industry or sector and a summary background on their industry network.

'[the worker] is or will be directly involved in training Caymanians or developing their skills in the field in which employed, and his expertise is important to the effective continuation of such training and development':

Detail the worker's role in training, generally or specifically, for example, demonstrating tangible efforts to develop the careers of Caymanian subordinates, such as in personal development plans arising from performance appraisal exercises. Give information on the worker’s achievements in respect to progression of employee(s) under his mentorship or responsibility and details of in-house training or mentoring activities. Provide a listing of people trained or developed by him or her and details of their current status in the business. It may be helpful if a letter(s) of commendation from Caymanian team members could also be provided. The employer should also provide details of any knowledge or information transfer initiatives involving Caymanian staff peers or subordinates (for example through mentoring or group or team work activities.)

'[the worker] is or will be a professional employee whose expertise or skills are not available in adequate measure in the Islands, and it is of economic and social benefit to the business or the Islands to attract such skills to the Islands':

Demonstrate the correlation between the employee's skills and qualifications to their role in the business. Provide compelling arguments for the absence or unavailability of such skills in the Islands, or particular difficulty in securing similar skills in the international marketplace. Provide key indicators relating to direct and quantifiable benefits to the business and the Islands, including: fee or labour-rate income earning track record and potential; Government revenue/fees; connectivity to international business network for training, secondments, or attachments.

'[the worker's] absence from the Islands will be detrimental or cause serious hardship to his/her employer, to Caymanians, or to the Islands':

Provide specific information to quantify any materially detrimental or negative impacts, including customer retention or satisfaction, profitability of the business, employment of Caymanians, or Government revenue.

'[the worker's] business contacts are or will be of importance to the continued success of the business or its contribution to the Islands':

Provide quantitative information or compelling arguments to demonstrate the impact of the loss of the worker’s contacts. If possible, provide details of fee income, business growth, and Government revenue that are as a direct result of the worker’s contacts.

'there exist other economic or social benefits to the Islands by virtue of securing or retaining [the worker's] specialist skills or expertise':

Provide quantitative information or compelling arguments to demonstrate the economic or social benefits, direct and indirect, that can be attributed to the worker’s skills and/or expertise. Provide also actual and projected revenues, upward mobility of Caymanians, additional opportunities for Caymanians in the business due to growth encouraged by this employee, and new employment opportunities due to growth and expansion of the business.

'The circumstances of [the worker's] particular case are considered by the Board to be exceptional and to justify a special reason to employ him or to allow him to be designated as an exempted employee':

Provide full and specific information, with supporting quantitative and qualitative justification as appropriate.