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This year holds promisefor many long term holders of Work Permits, as Government addressesthe need for security of tenure through ...
Immigration Attention
Two significant initiativeswere brought before the Immigration Board last year and, as aresult, the Cayman Islands has revised stagnant policies, created219 new Caymanians, implemented a Business Staffing Plan thatwill aid the granting of work permits to large organizations,is looking forward to granting Permanent Residence status to alarge number of residents and is making plans to review the ImmigrationLaws.
Sherri Bodden-Cowan,Chairman of the Immigration Board
Chairman of the Immigration BoardSherri Bodden-Cowan, for the past year and working five days aweek to see these initiatives through, is in a unique positionto clarify policies recently enacted and shed some light on thedirectives and instructions by which the Immigration Board isbound.
One of the most highly anticipated issuesthat arose last year concerned the granting of Caymanian Statusunder section 17(1) and section 17(4) by virtue of naturalization."In gauging the public's reaction," she says, "peoplegenerally feel that the 219 people that received Status were deservingand that the process was fair and equitable."
She also adds, "But there are others who feel equally deservingand are naturally disappointed."
Many people whose names were not on thelist have expressed dissatisfaction with the process, a chiefcomplaint being that applicants were not made aware of the 24criteria which ultimately determined whether one person was givenStatus over another. However, Mrs. Bodden-Cowan, finding faultwith that complaint, argues that the Board could not have disseminateda fair and honest list of criteria before it had properly assessedand evaluated the applications. She explains that it was a "two-stepprocess" whereby the applications were received, then processedand vetted.
It was only after evaluation where eachapplication was given "remarks" and a short profilethat the Board could determine what criteria were relevant andjustified. "The Board then had to decide on what competitivebasis they could judge applications," Mrs. Bodden-Cowan explains."If no one had applied who was here over twenty-four years,then twenty-four years would not have been a criteria set,"she says.
| " think that this latest exercise has shown that the quota system is not popular. It's almost like you are playing Solomon..." | "The government urged the Board to grant 1000 (Permanent Residents) but that is not a limit... It's just a positive encouragement" |
Had the Board decided on criteria priorto receiving and reviewing applications, Mrs. Bodden-Cowan believesthe process would have not been deemed fair and the Board wouldhave come under tremendous opposition. She also explains thatcertain priority groups may change next year and subsequent yearswhen different applications are received. For example, if allof the applicants who were born here or of Caymanian descent havebeen processed and granted Status, then that will not be one ofthe criteria next year.
Another question that arises frequentlyconcerns the determination of the criteria, why certain categorieswere chosen and deemed more favorable than others. It is argued,for example, that contribution to society should have been givenhigher priority. Mrs. Bodden-Cowan and the board, however, disagree."We thought about contribution to the community but the difficultywith that is it is an extremely subjective view," she says.
Whether a prominent investor in the islandswas going to be granted Caymanian Status was a subject of muchdebate. Though this investor has not been presiding in the islandsfor more than twenty-four years, was not born in these islandsand did not have Caymanian parents or expatriate parents who werelong-term residents of these islands, all of which were prioritycriteria, he was considered an interesting candidate because ofhis considerable financial contributions to the Cayman Islands.
| "The precedent that has been set, whether future Status applications will be evaluated in the same manner... the process must be open..." | "I think it will be foolish for us to believe that we will remain out here in Cayman, isolated... Even the great US is now looking at human rights." |
Though he was not granted Status, thereis also a question of whether his application has been sent tothe Governor's office. Under section 15/d of the Immigration Law,the Governor-in-Council (which is made up of H. E. the Governor,Mr. Peter Smith, the Chief Secretary, the Attorney General andthe five Elected Members of ExCo) can grant Status to anyone hedeems suitable. However, the Chief Secretary, Mr. James Ryan confirmedthat this was not the case and has told Cayman Net News that "nosuch application is pending".
However, Mrs. Bodden-Cowan believes thatthere should be opportunities for economic citizens of the CaymanIslands. "The alternative, which should be acceptable, isfor Permanent Residence," she says. Once a citizen has beena Permanent Resident for five years, he or she can apply for tobecome a British Overseas Territory Citizen (BOTC). The only difference,in this instance, between a BOTC and a Caymanian would be freedomof trade and voting rights.
Mrs. Bodden-Cowan does not believe thatit would have been possible for all eleven members to arrive ata consensus on what determines the relative value of an applicant'spersonal contribution to society. A pastor, she argues, couldbe seen as a significant contributor, as could a domestic whocares for our children and a person who invests significantlyin the infrastructure of these islands.
"It appeared to me that it would havebeen a futile exercise," she says "and even if we hadachieved consensus among us, I honestly believe we would havegotten greater criticism from the public."
Of the over one thousand people who applied,88 percent did not receive Status and have been given a two-yearprobation from applying again. By law it is legislated that aone-year moratorium is placed on those who have already appliedand the Board may see fit to raise the moratorium to two years,which they did. This was done to prevent the Board from processingthe same application again year after year, a situation that wouldbe an abuse of the system, Mrs. Bodden-Cowan says.
Under the criteria, many of the people whowere recognized as Caymanian had spouses or children that werenot granted Status and the question was raised, Why not? Mrs.Bodden-Cowan says that all children under the age of 18 are automaticallyeligible for Caymanian Status if their parents have CaymanianStatus. All parents need do is prove the legitimacy of the childand prove that they themselves are Caymanian and their child willbe recognized.
Also, under subsection 17(5) of the ImmigrationLaw, the spouse of a Caymanian can apply for Caymanian Status.This section has no quota and therefore no competitive basis.Furthermore, those applicants who were denied Status this pastyear do not have to wait two years to apply for Status under adifferent section of the law; therefore, spouses of Caymanianmay apply next year under subsection 5 at any time.
If a person qualified under another section,he or she may apply at any time. If someone was denied under section17(1) by virtue of residency, that person may apply under anothersection, like the British Overseas Territory Citizen if they havebecome naturalized since 17th September 2001 or did not applyunder 17(4) but were naturalized before that date.
While the Board understands the reasonsfor complaints, they also want the public to realize that theywere bound by procedures under the directives. Mrs. Bodden-Cowanis not satisfied that the system is ideal but says that the processwas open, honest and is completely defensible.
She adds that the Board was constrainedby law to the 132-person quota under each section that was imposedby the government. "I think that this latest exercise hasshown that the quota system is not popular. It's almost like youare playing Solomon," she says.
"The precedent that has been set,"she says, to explain whether future Status applications will beevaluated in the same manner, "is that the process must beopen, it must be fair and one must know the criteria once it hasbeen determined."
The change in structure will most likelycoincide with the initiation of a new Immigration Law which iscurrently under review. "ExCo is determined that the newImmigration Law is brought before LA this year," Mrs. Bodden-Cowansays.
The Immigration Board has continued meetingsand discussions with members of the Executive Council to see thatthe Immigration Law is reviewed and revised. "It is certainlyan area of priority for Government," she says.
A new Law, however, means that there willalso be new guidelines, new forms and retraining of all staff.The Cayman Islands Immigration website will also be expanded oncethe new law comes into effect. "Bermuda's website is extremelyinformative and I think ours can be too," Mrs. Bodden-Cowansays. Once the new law has been firmly established, the websitewill be revised and made more comprehensive and user-friendly.
Mrs. Bodden-Cowan also expects there tobe changes made to the structure of the Immigration Board, whichwill be fixed by Executive Council. "That decision will bemade in the next couple of weeks," she says.
"If a new Chairman were to be appointed,it would be practical if the Chairman were to be changed whenthe new law comes into being," she says, arguing that ifa new Chairman were introduced before, he or she would have tobecome familiar with the old law and then, very soon afterwards,learn an entirely new law.
She also believes that under the presentsystem, the demands made on Board members are rigorous and intense.All members are required to work three days a week and many areworking more than that; Mrs. Bodden-Cowan herself works five daysa week.
She suggests that the Chairman positioncould become a paid post if the Board became established as anindependent Authority, though admits that such an initiative wouldbe difficult under the current budgetary constraints.
Last year also witnessed a new initiativebrought forward to grant Permanent Residence to many people whohave made Cayman their home but, Mrs. Bodden-Cowan stresses, thenumber published by the government of 1000 persons is not a quota."The government urged the Board to grant 1000 but that isnot a limit," she says. "It's just a positive encouragement.It has always been open to the Board to grant Permanent Residenceto anyone they see fit."
There are two categories under which peopleapply for Permanent Residence: one group is comprised of wealthyretirees; and another group includes long-term residents.
In the past, she says, the Board has beenhesitant to grant Permanent Residence because the directives arevague and incomplete. In particular, the law inconsistently citesthe number of years required to evaluate an applicant for PermanentResidence. The general fear has been that those granted PermanentResidence would interfere with and hinder the employment of Caymanians,which is not necessarily a problem in a booming economy but certainlya concern in a recession. "At some stage," Mrs. Bodden-Cowanargues however, "persons who have been living here long termshould be given the opportunity for tenure."
The Business Staffing Plan was another programintroduced in September of 1999 and implemented to make the Immigrationprocess more efficient and expeditious. Mrs. Bodden-Cowan saysthat though they heard only ten businesses in 2001 nonethelessthe program has become very successful. Employers have been inordinatelypleased with their Business Staffing Plans and have spread theword.
"Forty plans were waiting for me afterChristmas break because of how well it was received, includingone from one of the biggest hotels on the islands," she says.All systems are now in place to continue the program and Mrs.Bodden-Cowan expects local employers who were at first hesitantto now slowly get on board.
The result will not be apparent, however,until more businesses have been dealt with but Mrs. Bodden-Cowanassures that everyone is very satisfied with their plans.
Another crucial issue that the ImmigrationBoard will soon have to face concerns the European Union and theright to Status as a British Overseas Territory Citizen. The generaltrend seems to be a merging of economic and political power, withEurope aligning under an economic community. Even close to usin the Caribbean countries are coming together and soon the unionof Eastern Caribbean States (ECS) will be established.
Mrs. Bodden-Cowan, however, predicts thatthe public in Cayman will not be eager to join an associationif membership would result in the freedom from work permits forall member countries. Considering the large populations of otherCaribbean countries, Cayman's small community would be inundated.
She says that it is a question that concernsthe Caymanian workforce. These islands have always maintainedclose to 100 percent employment amongst Caymanians and a littleless in a recession, but an association could disrupt such anideal arrangement. "It would be highly unlikely," shesays, "that we would be able to maintain 100 percent employmentof Caymanians in a Caribbean association if their citizens wereentitled to work here without Immigration restriction or control."
The European Union might also affect Immigrationpolicies in Cayman. The United Kingdom has always upheld thatthere will be no reciprocity under the law. Currently, peoplein the Cayman Islands do not have access to European courts butthere could be opportunities in the future.
"I think it will be foolish for usto believe that we will remain out here in Cayman, isolated,"Mrs. Bodden-Cowan says. The issue of Human Rights has recentlyemerged as a serious force and one that all nations must acknowledge.
"Even the great US is now looking athuman rights," Mrs. Bodden-Cowan says, pointing to the Prisonersof War currently housed at Guantanamo Bay, Cuba.
With national policies coming under intensescrutiny, the Cayman Islands must match global standards or ourtrade agreements and financial stability could become threatened.Rights of abode and rights of citizenship, Mrs. Bodden-Cowan argues,come under the huge umbrella of Human Rights and we will be heldaccountable for all of our laws.
The reevaluation of this country's ImmigrationLaws, therefore, comes at a very opportune time. Mrs. Bodden-Cowanand the Immigration Board are assured that they did a fair andreasonable job last year given the constraints under which theyworked. She expects the Cayman Islands "to keep pace withinternational standards in a way that will truly benefit everyonewho lives here in the long run".