Tag Archives: Right to be Caymanian Applications
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.
Recently, we were faced with two individuals whose Permanent Residence applications were rejected. Both of these applications were, in our mind, applications which should be granted and therefore the fact that they were not granted surprised us. Upon reviewing the points which they had been awarded, it appeared to us that there were clear errors made in assessing the applications which if resolved in our clients’ favour would lead to the award of Permanent Residence to them.
Our clients were then faced with the decision of whether to appeal the decisions or to ask for a reconsideration of their decisions. There is no formal reconsideration process, and we believe that it should only be used in situations where there is a clear administrative error. In both of these cases reconsideration requests were made and approved prior to the time limit for any appeal to be filed expiring.
In some cases, reconsideration requests are not appropriate, however in these cases the Department exercised their discretion in a reasonable manner and accepted the submissions we made and in doing so our clients not only obtained Permanent Residence in a far quicker manner than they eventually would via an appeal but incurred less legal fees.
Latest Statistics
Currently there are 37,334 work permits held in the Cayman Islands. This is an increase of 25 work permits from the number reported to us as at 17 July 2024.
The top nationalities are: Jamaica (15,427), Philippines (6,463), India (2,081), United Kingdom (2,024), Nepal (1,246), Canada (1,197), Honduras (1,172), United States of America (919) and Nicaragua (715).
Most of the top 10 nationalities increased in work permits, however; there was a slight reduction in work permits held by Indians by 11 and Nicaragua by 5.
In June 2024 the Board determined:
- 138 Right to be Caymanian (“RTBC”) applications on the basis of naturalisation.
- 58 Right to be Caymanian applications on the basis of marriage.
- Right to be Caymanian applications – up to 12 months.
- PR point based applications – up to 12 months.
- RERC as spouse of a Caymanian – between 3-6 months.
- RERC as Spouse of a PR holder – between 3-6 months.
- Work Permit grant – 12 weeks.
- Work Permit renewal – 12 weeks.
- Variations to work permit – between 3-6 months.
HSM Wins Gold Medal for Immigration Law by Best of Cayman 2024
HSM’s immigration team has been recognised for the second consecutive year with a gold medal by the Best of Cayman Islands for their 2024 awards. Our team handles everything from work permit applications to the right to be Caymanian to permanent residency and everything in between, including relocation assistance, registration as a British Overseas Territory Citizen and passport applications. Should a matter become contentious, we can assist our clients with court proceedings.
The Best of Cayman Islands is a vote-based contest and nominations are provided by the community. This recognition is a testament to HSM’s high-quality immigration support in the Cayman Islands and personal attention to our clients.
HSM is thrilled to be featured again and thanks our clients as well as the public for their votes.
When applying for Permanent Residency and claiming points for investment in a Locally Licensed company, there has been some uncertainty whether the value is to be calculated by reference to capital invested or by reference to the current market value of the company shares. HSM has long advocated that the correct approach was which ever is the most beneficial to the applicant. Whilst there appears to be no official published policy, our immigration team at HSM remains at the forefront of this issue.
Work permits continue to increase with 337 new permits since 18 April 2024. There has been an uptick in Nepalese residents and they are now the 5th largest nationality group of work permit holders in the Cayman Islands. The Board is concluding more Right to be Caymanian applications than they are receiving and the wait time for the processing of these applications is declining.
Market Value Reports
In September 2023, HSM Chambers on behalf of a client appealed a decision of the Immigration Appeals Tribunal (“IAT”) to the Grand Court of the Cayman Islands. The central issue of that case was surrounding the issue of Market Value Reports and whether they can be relied upon by an applicant for Permanent Residence to show investment in a Locally Licensed company. These have been long standing issues but thankfully it now appears that they have in part been resolved.
Market Value Reports are used when the professional assessed share value exceeds the initial capital/investment made to establish the company. In those circumstances, it appears that Workforce Opportunities & Residency Cayman (“WORC”), in principle, will now accept the Market Value of the shares held and if the value of those shares is greater than $50,000, points will be awarded to the applicant for Factor 3 up to the maximum of 30 points depending on their salary.
This has been a long standing issue, at one point in time it appeared that the Department would, by way of an example, not give points to an individual like Mark Zuckerberg, if he was to apply for PR in the Cayman Islands, if he sought to rely upon the value of his shares in Facebook. The rationale for this was because he had only initially invested $1,000 and this was below the threshold of CI$50,000 and therefore not worthy of the award of points for Factor 3. It now appears that this position has changed.
The reason why we are confident that the matter has been resolved is not only has the Grand Court matter been by agreement remitted back to the IAT but also last week WORC requested from one of our clients’ “as proof of investment in a locally licensed company, please provide an official report showing the market value…”. We can think of no reason for a request of this nature to be made, if Market Value Reports are not now to be considered. This is the first time we have seen wording of this nature in an official request by WORC.
While the parameters of what needs to be provided in these reports has not been disclosed in the form of policies, which are desperately needed, it is hoped that those individuals who have helped Caymanian businesses grow and be successful will be recognised and granted the appropriate points.
Latest Statistics
We recognise the significance of immigration statistics and application timelines. On 17 July 2024, we received details from the relevant authorities for our Freedom of Information (FOI) requests for May 2024 and June 2024.
Currently there are 37,309 work permits held in the Cayman Islands. This is an increase of 337 from the number reported to us at 18 April 2024.
The top nationalities are: Jamaica (15,404), Philippines (6,460), India (2,092), United Kingdom (2,016), Nepal (1,245), Canada (1,195), Honduras (1,172), United States of America (919) and Nicaragua (720).
What is noticeable is that the Nepalese have jumped from the 7th largest group to the 5th largest group, overtaking both the Hondurans and Canadians. Of the increase of 337 work permits, half are made up of Nepalese people.
In May 2024 the Board determined:
• 71 Right to be Caymanian (“RTBC”) applications on the basis of naturalisation.
• 107 Right to be Caymanian applications on the basis of marriage.
In that period of time there were only 38 RTBC applications on the basis of naturalisation submitted and 39 applications on the basis of marriage submitted. This suggests the Board is currently concluding far more applications than are currently being submitted and accordingly applicants for Caymanian Status may find the wait time for determinations reducing significantly from the position in January 2024 when it reached almost 2 years to an average of approximately 15 months.
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