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Term Limits amd Term Limit Exemption Permits

 

On October 28th, 2013 all Term Limit Exemption permits (TLEP's) will expire and there will no longer be an option for a Term Limit Exemption Grant, Renewal or Amendment. 

Employers will have the option to apply for a Working By Operation of the Law stamp for employees with Term Limit Exemption Permits expiring on 28th October, 2013. The Working By Operation of the Law option will allow employees currently holding Term Limit Exemption Permits to continue to work for 45 days, until December 9th, 2013.  This will allow employers time to gather the requirements of a work permit application if they choose to continue to employ the TLEP holder.

A person holding a TLEP on 28 October 2013 may continue to work by operation of law on the same terms and conditions until 9th December, 2013 and must present passport to the Department of Immigration and the employer must pay the relevant fee. The fee will be nil if the Employer has paid for a Term Limit Exemption Permit fee on or after December 9, 2012.  If the last fee was paid PRIOR to December 9, 2012 then a fee of KYD 100.00 will be levied, which is payable upon the presentation of the passport by the employee, to the Immigration counter.

If the employee has not reached the 9 year term limit on December 9, 2013 an application for the grant of a work permit may be submitted by the employer to the Immigration Department, taking into consideration all of the relevant requirements normally applicable when submitting a work permit application e.g. advertisements, prescribed form, etc.   If the work permit application is submitted after December 9, 2013 the employee will not be allowed to work pending determination of the work permit application.

Spouses of work permit holders may continue to work on a work permit after reaching his or her term limit. In accordance with Section 52(10) of the Immigration Law, in order to apply under the said section, all criteria as set out under Section 52(10) must be met. An application for the grant of a work permit or the renewal of a work permit must be completed and submitted along with the 52(10) affidavit.

Please note that failure to comply with the Working By Operation of the Law requirements detailed above is an offense.


PLEASE SEE THE FAQS SECTION OF THE IMMIGRATION WEBSITE FOR MORE INFORMATION OR CONTACT THE CALL CENTER AT 949-8344 WITH QUERIES.

Last Updated: 04-Nov-2013