Tag Archives: Work Permits Cayman Islands

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.
Processing times from application to the notification of the result of the application continue (based on matters we are handling) to fall or remain consistent. We are currently advising clients to expect the following processing times:
  • 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.
Processing times from application to the notification of the result of the application continue (based on matters we are handling) to fall or remain consistent. We are currently advising clients to expect the following processing times:
  • 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.

The time to have status applications determined has dropped dramatically from nearly two years in March 2024 to now one year, although we have a few applications filed more than one year ago still outstanding.

Indian Nationals are now the third largest group of permit holders having just overtaken the UK Nationals. The two largest nationalities of permit holders are still Jamaican and Filipino.

Indians on the Move

As of 18 April 2024, there were 37,437 work permits in effect. That is an increase of 465 since 12 March 2024. There are now more work permits held by Indian Nationals than UK Nationals. As at 18 April 2024, the top five nationalities and the number of work permits they hold are:

  • Jamaican Nationals hold 15,519 work permits which is 41% of the total work permits held.
  • Filipino Nationals hold 6,323 work permits which is 16.8% of the total work permits held.
  • Indian Nationals hold 2,078 work permits which is 5.55% of the total work permits held.
  • UK Nationals hold 2,057 work permits which is 5.49% of the total work permits held.
  • Canadians hold 1,217 work permits which is 3.25% of the total work permits held.

It has long been expected that Indian Nationals would overtake UK Nationals and become the third largest work permit nationality in the Cayman Islands. However, their growth in permits might surprise some people. As of 30 September 2015, there were 893 work permits held by Indian Nationals (which was 4% of the total number of work permits) and 1,845 work permits held by UK Nationals (which was 8% of total work permits). In the period of less than 9 years while both total figures have increased, the proportion of work permits held by Indian Nationals has increased while the proportion of work permits held by UK Nationals has decreased.

With economic trends the way that they are, and the increasing economic power of Asia it is expected that the current trend is likely to continue.

Remember when applying for Permanent Residency your nationality affects the points you can claim. If your nationality holds over 10% of work permits held then no points (0) will be given; over 5%, five points will be given; and under 5%, ten points will be given.

Caymanian Status and Permanent Residency Board

Starting in March 2024, we have seen a dramatic increase in the Right to be Caymanian (“RTBC”) applications being determined. It seems that the Board are determined to clear the current back log and ensure that what had become potentially an unlawful situation will no longer exist and those who apply for the RTBC will now not have to wait, in some cases, close to 2 years for their applications to be determined.

In March 2024, 327 applications for the various types of RTBC were determined of which:

  • 98 applications based upon Naturalisation were concluded.
  • 21 applications based upon marriage were concluded.

In the first half of April 2024, 220 applications for the RTBC were determined of which 111 applications based upon the Naturalisation were concluded.

As at 18 April 2024, the two largest groups of outstanding RTBC applications are as follows:

  • 422 applications based upon Naturalisation.
  • 251 applications based upon marriage.

In total there are 867 applications outstanding relating to all the various different types of RTBC applications.

It is expected that if the Board keep up their current pace the back log will be reduced dramatically and those people waiting for RTBC’s to be concluded will not be waiting as long as they currently are.

By way of a comparison in March 2024, 18 people applied for the RTBC on the basis of Naturalisation and 10 people applied on the basis of marriage. Therefore, the Board’s actions in March can be seen as them getting impressively “ahead of the curve”.

This is a dramatic increase in the processing and concluding of these applications and would appear that it can only be down to the hard work and dedication of the Caymanian Status and Permanent Residency Board.

It also appears that the Administrators at Workforce Opportunities & Residency Cayman (“WORC”) are busy as well. In March 2024:

  • They concluded 61 applications for a Residency and Employment Rights Certificate (“RERC”) based upon marriage to a RERC holder or being the Dependant of a RERC holder.
  • They concluded 71 applications for a RERC based upon the Points system.
  • They concluded 48 applications for a RERC based upon marriage to a Caymanian.

What this means is that across the board we are seeing a decrease in the processing time for applications for RERCs and the RTBC. Our best guess today (based on the determination of applications filed by HSM and the above statistics) is that a status application will now take about one year to be determined. In February 2024 we had applications for status that had been waiting two years.

Legal Update

The unintended consequence of the number of RTBCs on the basis of Naturalisation being concluded has exposed an issue in the Law which HSM have raised in the past with the Department but which has not been dealt with. Those of you who have been granted the RTBC recently (congratulations!) will have noted that the Department are saying that you have 45 days to ensure that any individual who is a dependent of yours has made an appropriate immigration application going forward. Most notably this affects the Spouses of those who obtained the RTBC, if they hold a RERC on the basis of their marriage to a PR holder, or are a dependent of an individual who obtained the RTBC and the children of those individuals.

The Department’s position is this:

  • With the Primary RERC holder obtaining the RTBC, those people who held, a RERC on the basis of marriage or who were dependents of the primary RERC holder no longer have an immigration permission in the Cayman Islands.
  • The Department hold this position because they say that the Primary RERC holder who has obtained the RTBC no longer is a RERC holder and therefore any immigration status based upon them being a RERC holder is void.
  • The Department therefore provide 45 days for those individuals affected to apply for alternative immigration permissions which could include:
    • Applying for the RTBC on the basis of marriage.
    • Applying for the RTBC on the basis of naturalisation.
    • Applying for a RERC pursuant to Section 38 or 39 of the Immigration (Transition) Act (2022 Revision).

Sadly, because all of the above applications can take many months to conclude the exact legal position of those affected is unclear. This is especially true as the 45 day window which the Department have provided is not set out in Statute and appears to be a creation of an unpublished policy of the Department. Unlike those individuals who are awaiting a work permit renewal to be granted and therefore who are Working by Operation of Law (“WOL”) or those who are awaiting a PR application being granted and have either a PCW or a Section 66 (10) or (11) work permit, the people who are having to apply within these 45 day window have no clear immigration status as set out in Law.

A possible solution to this issue (absent of legislative change) would be for the Department to link applications made by family members and permit certain applications to be made ahead of time, but only if the Primary RERC holder has applied for the RTBC. One could envisage a situation where the primary RERC holder applies for the RTBC and at the same time, their Spouse who holds a RERC as the Spouse of a RERC holder, is permitted to provisionally apply for a RERC as the spouse of a Caymanian and the children be permitted to apply for the RTBC on the basis of entitlement, i.e. they have a Caymanian parent. In affect a “family application or applications”.

The secondary applications would obviously be dependent upon the primary application being granted and would only be considered at the point of time that the primary application was granted. However, by linking all applications together, the Department could consider all family applications at the same time not spread out over many meetings (and in some cases months) and those applications which should be granted are granted and those which are to be rejected are rejected. This would have the benefit that family members who will be granted their applications are not held in a legal limbo where their status is not clear and those whose applications are to be rejected can proceed with the relevant appeal process.

In the coming months, this is one of many suggestions HSM are planning to suggest to WORC in a way which we believe will make the system more efficient and user friendly.

There has been a significant increase compared with prior periods in the determination of status applications based on marriage or naturalisation. In February 2024, 57 such applications were determined.

The previous statistics which we obtained showed a noticeable downturn in the conclusion of certain applications in particular the applications for the Right to be Caymanian on the basis of marriage or naturalisation.

In 2022, the Board concluded 432 applications on the basis of marriage or naturalisation, that figure was fairly consistent with the 2021 figures which showed the Board concluded 413 applications. However in 2023 only 160 applications were concluded a decrease of over half. If on average the Board were to continue to process 50 applications per month then we could see 550 applications processed this year.

In February 2024, 35 new applications for status (based on marriage or naturalisation) were submitted which means that it will take a considerable amount of time before the current wait time is shortened for new applicants.

Latest Statistics

As a result of a recent Freedom of Information request we can confirm:

  • As of 11 March 2024, there were 36,972 work permits in effect. This is an increase of 1,438 since 1 February 2024 and a total increase of 1,529 since January 2024.
  • Jamaican’s still hold the largest amount of permits (15,439) followed by Filipinos (6,219) and then British (2,051) and Indians (2,032).
  • In regards to the PR Points system, the position remains that all applicants for PR are obtaining 10 points for their nationality, apart from Jamaicans and Filipinos, who score zero and British and Indians who score 5 points.
  • There are currently 6,086 individuals who have Permanent Residence in the Cayman Islands. Of that number the largest groups of nationalities are: Jamaicans, British Overseas Territory Citizens (“BOTC”), British, Canadians and Americans.

Expected Timelines

In our experience, as of today’s date, applications on average can be expected to be determined as follows:

  • Permanent Residence, via the points system | 12-14 months
    (a few determinations have been received in less than 12 months)
  • Permanent Residence, as the Spouse of a PR Holder | 8 months
  • Permanent Residence, as the Spouse of a Caymanian | 6 months
  • Naturalisation | 12 months
  • Right to be Caymanian on the basis of Naturalisation | 23 months
  • Right to be Caymanian on the basis of Marriage | 19 months
In our opinion, no application should wait more than 6 months to be determined given the potential adverse consequences to applicants.

Success Stories at the Immigration Appeals Tribunal

What was of particular concern to us, was the fact that in 2023, the Board rejected 24 applications for the Right to be Caymanian on the Basis of Naturalisation. HSM Chambers were instructed on 8 appeals arising from those 24 rejections and 6 of these rejections can be broadly grouped into two different groups, with the other two rejections being fact specific. The first group consisted of 4 children of Permanent Residents who have been Registered / Naturalised as a BOTCs. The second group consisted of 2 adults who stated in their application forms that they might one day wish to open a business in the Cayman Islands.

The 4 children of Permanent Residents, some of whom were Permanent Residents themselves, were informed that despite spending all of their formative years in the Cayman Islands that it was not in the public interest to grant them the Right to be Caymanian. These 4 decisions were made despite the fact that in 2022, the Immigration Appeals Tribunal had already overturned a decision of the Board and granted a child the Right to be Caymanian in similar circumstances.

On 5 February 2024, we received 6 decisions from the Immigration Appeals Tribunal and all 6 decisions were favorably to HSM’s clients. In relation to the children of Permanent Residents (4 of the 6 appeals), the Immigration Appeals Tribunal noted that:

1. The Board had not provided an explanation as to what they had considered before they determined that the Grant would not be in the public interest.

2. That the Board continued to apply a subjective assessment of the applications in the absence of policies.
In February 2024 the Board granted 2 applications by children of permanent residents, which suggests they are now following the guidance laid down in these recent Immigration Appeals Tribunal decisions.

The continued failing to produce policies and guidance to the Board, will only lead to more and more challengeable decisions being made and those decisions being overturned on Appeal. It is sincerely hoped that these 4 individuals will be the last children of permanent residents who have their Right to be Caymanian applications rejected on the basis that it is not in the “public interest” when that public interest is not set out and that there are no facts in the specific cases which supported such a finding.

In respect of the second group of 2 adults, they had both said in their applications that they wished to open a business if they acquired the Right to be Caymanian. Both applications were rejected on the basis that “it was desirable to keep economic resources of the Islands in the control of Caymanians”. The Immigration Appeals Tribunal overturned both decisions and granted the appeals on the basis that the decisions were unreasonable.

Therefore of the 24 applications for status which were rejected in 2023, at least one quarter of those decisions (6) have already been overturned on appeal by this firm’s immigration team.


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