Cayman Islands Immigration Update – November 2024

As a result of a recent Freedom of Information request to Customs and Border Control (“CBC”) it has come to the attention of HSM Chambers that as of August 2024 there are 19,607 people who are currently subject to a Stop List held by CBC.

Stop Lists and Persona Non Grata (“PNG”)

The establishment of a Stop List is required as per Section 108 of the Customs and Border Control Act (2022 Revision) but seemingly should only apply to Prohibited Immigrants. However, from the information provided to HSM Chambers, the Stop List includes other groups of individuals which it would appear that the Law did not envisage should be included.

Of the 19,607, there are 3,412 Prohibited Immigrants but also 13,766 who have been declared Persona Non Grata (“PNG”), and even more surprisingly 60 Permanent Residents and 412 Caymanians or those who hold Caymanian Status. It is not immediately clear how a Caymanian (or a Permanent Resident) can be on the Stop List (and therefore potentially prevented from coming to the Cayman Islands). As a matter of law they cannot be Prohibited Immigrants because they are specifically excluded from this designation by the relevant legislation. We suspect that these people may have been placed on this list prior to them obtaining the relevant permissions they are now shown as having.

Amusingly (but perhaps not for their families) there are 11 deceased individuals (Immigration status unknown) who are listed in a category of their own on the Stop List, who presumably are not considering returning to the Cayman Islands in the near future (unless duppies are crossing our borders), but they presumably are prevented from being buried here or having their bodies or ashes brought here. We suspect that this is just an administrative mechanism to record the death of a person previously alive and on the Stop List.

The category of PNG does not only refer to those diplomats who have been asked to leave the Cayman Islands but also can include:

• People who have opted to be administratively fined.
• Persons who have been convicted of an offence (anywhere in the world) and been sentenced to imprisonment.
• People who have overstayed in the Cayman Islands.

The PNG policy that the CBC operates does not appear to be published. Reliance upon it by the Department, potentially could lead to challenges especially for those who accept an administrative fine rather than challenge the allegation that they have breached the Immigration Act in some way.

It certainly does not appear that WORC specifically warn an individual who is considering accepting an administrative fine that they might well be prevented from coming to the Cayman Islands again.

It is recommended that if an individual who considers they are on the Stop List or that they may be placed on the Stop List upon arrival in the Cayman Islands, to contact the Director of CBC ahead of time and request that they are permitted entry into the Cayman Islands so as to ensure no disappointment upon arrival.

Latest Statistics

As at 31 October 2024, there are 37,678 work permits held in the Cayman Islands. This is an increase of 344 work permits from the number reported to us as at 21 August 2024.

The top nationalities are: Jamaica (15,244), Philippines (6,678), India (2,133), United Kingdom (2,076), Nepal (1,399), Canada (1,199), Honduras (1,149), United States of America (892) and Nicaragua (706).

While the countries remain the same from our last update, there were some fluctuations from our last update. The countries that experienced a decrease in work permits were: Jamaica, Honduras, United States of America and Nicaragua. The countries that experienced an increase in work permits were: Philippines, India, United Kingdom, Nepal and Canada.

In October 2024 the Board determined 336 Right to be Caymanian (“RTBC”) applications and of that were:

• 84 RTBC applications on the basis of naturalisation.
• 49 RTBC applications on the basis of marriage.

• Right to be Caymanian applications – up to 6 months.
• PR point based applications – up to 12 months.
• Variations to PR – up to 6 months.
• RERC as spouse of a Caymanian – up to 6 months.
• RERC as Spouse of a PR holder – up to 6 months.
• Work Permit grant – 12 weeks.
• Work Permit renewal – 12 weeks.
• Variations to work permit – between 3-6 months.