In response to mounting public concern:
Governmentinitiates swift changes in response to criticism on Immigration
Following a power-house Chamber of Commercehighly critical meeting of last week, media reports, lively debatein the Legislature, Government's admitted "community concerns"and three public meetings planned for this week -- all in connectionwith a rash of un-popular rulings being made by the ImmigrationBoard and the Chief Immigration Officer and the tabling of a reportof the House of Assembly's Sub-Committee on Immigration and otherrelated matters -- the Government today "instituted significantchanges to the Immigration Policy Directives."
Through a Statement delivered personallyby the Honourable First Official Member, Chief Secretary Mr. JamesRyan, who holds responsibility for the Portfolio of Internal andExternal Affairs, and a release by Government Information Services(GIS) the statement reads:
"The Cayman Islands Government, beingaware of the community's concerns in regard to immigration issueshas decided in both the short and long-term interests of the CaymanIslands, to institute significant changes to the Immigration PolicyDirectives.
These directives are issued by the ExecutiveCouncil to the Immigration Board and the Chief Immigration Officerin accordance with the provisions of section 72 of the ImmigrationLaw (1997 Revision).
Some of the changes, which have been approved,will require adjustments in legislation and will be submittedto the Legislative Assembly in the form of amendments to the ImmigrationLaw.
In order to forge greater partnerships betweenthe Immigration Board and local business and to move away fromthe micro management of work permit applications, Government willnow invite companies to submit a three-year business plan to theImmigration Board at regular intervals.
The plan will detail how many positionsare held by Caymanians, non-Caymanians and Permanent Residentswithin their organisation, and which positions are crucial. Companieswill also have to outline their training programmes in relationto Caymanian Staff and when they expect to be able to place aCaymanian in a position currently filled by a non-Caymanian.
To streamline services and increase efficiency,additional changes to Policy Directives and Regulations are asfollows:
- In an effort to simplify the procedurefor repatriation deposits and to reduce the sums previously involved,which had ranged from CI$150 to CI$2000, a non-refundable flatfee of CI$200 will now be paid for all new grants. The formerrepatriation deposit will be held until the employee departs theislands or no longer requires a work permit;
- In response to a survey of customers,the validity of temporary work permits will change from the current60 days up to a period of no more than 90 days. Not only willthis serve to improve customer satisfaction but this will alsoreduce the workload for the Immigration department by reducingthe need to process renewals and therefore the time it takes toprocess applications. In addition, some temporary work permitsmay be approved in a "batch" for qualifying companies.The Chief Immigration Officer will have the sole authority forgranting temporary work permits;
- The development of a definition of thevarious classifications of occupations which will require temporarywork permits. The Immigration Law does not currently provide anysuch classification resulting in everyone who enters the countryfor business purposes to be required to have a work permit.
- Senior Immigration Officers will be authorisedto grant extensions for visitors' permits, within guidelines.This will provide a one-stop service where applications and decisionscan be given at the counter and will result in fewer delays inprocessing applications.
- In order to simplify the work permit processand increase the speed of processing, the need for personal referencesto accompany applications for work permits will be abolished.
- An administrative fee will be appliedfor the submission of appeals to The Governor-in-Council in respectof work permits and Trade and Business Licenses, Caymanian Statusand Permanent Residence. This will discourage applicants who filemainly to allow them to continue employment while their appealsare being processed. It will also help to defray the cost in processingappeals.
With all of these changes coming into effect,designed to increase efficiency with regard to the issue of firsttime work permits, the Board will no longer grant work permitsfor those currently on island as visitors." The Satementconcluded
Businessesand individuals welcome changes - Need to know guidelines
Questions are still being raised in connectionto several other issues. It is noted that the Chief Secretary'sstatement hints that there maybe other changes in the offing bysaying that "some of the changes ... will require amendmentsto the Immigration Law." Changes to the Law will requirethat the entire House will have the opportunity to debate theseand other amendments which may be put forward..
It is felt that the re-introduction of the90-day temporary Work Permit, should, also be observed as a periodwhereby employee and employer could use this duration for a probationaryassignment. There may not be many objections that applicants currentlyadmitted as visitors should not be considered for grants, duringtheir stay.
It is encouraging to note that there willbe some classification as to who will require a temporary permit.The question, however remains, what happens when someone who landsin the Cayman islands is ignorant of the Law? Does that persongets put on an outbound plane or are they briefed about the regulationand charged for a Temporary Permit accordingly -- especially ifthey have come here of their own accord.
The approximate 300,000 visitors (includingbusinessmen) who come here by commercial aircraft and the over1 million by cruise ships have no idea what the laws are regardingImmigration. Therefore, if one is in contravention of such, itis would be in the interest of good public relations to informthe individual(s) concerned, and invite them to regularise theirvisit if it is a 'working vacation.'
In the case of employers, regulations andguidelines in connection with all matters regarding Immigrationmatters could be published in the form of an information bookletor form letter, to be attached to the renewal of each Trade andBusiness License Holder, explaining the need to abide by the requirementsof the Law.
While ignorance of the Laws of the landis no excuse for breaking the Law - ignorance of the Laws couldlead to breaking of the Law.
It has been suggested that the proposedspeeded up process for the "grant of extensions for visitors'permits within guidelines" should go further by definingwhat those "guidelines" are. In like manner, guidelinesin regard to the landing of visitors - often those from Caribbeanand Central and South American countries should also be made public.
Recently, a graduate (Caribbean born) froma Cayman Islands advanced education institution was returningfor a visit with friends and was questioned forcefully about theirability to sustain themselves during their stay in Grand Cayman.The production of a Credit Card with by the visitor that thereis a $3000 limit on the card was the only savings grace wherebythey were admitted to stay on the island.
It would be interesting for other visitorsfrom other countries to see -- if it resorts to situations wherebythe Immigration Officer, while processing the Caribbean/LatinAmerican visitor, to whip out a terminal and run credit cardsapproval machines to see if such funds are in fact available bythe cardholder for spending in Cayman.
And what about the issue of domestic helpers... mainly from Jamaica? One report confirms that a divorced Caymanianliving alone in a quite modern large home, who is a senior partnerin a professional firm, a condominium complex developer and shareholderin a profitable restaurant business received a letter from theImmigration Board questioning why is it necessary for him to keepthe helper he has had in his employment for the past eight years?
And why is it necessary for someone whohas worked in Cayman's Financial industry for over eight years,and have initiated charitable contributions in the range of $200,000to worthy causes, be subjected to paying a fee of $15,000 becausehe is now retired, would like to get permission to stay for sixmonths as a temporary permanent resident while he makes arrangementsto dispose of his personal assets?
The announcement today by the Chief Secretarycould signal a watershed of 'good news' for many who continueto feel oppressed by irrational Immigration decisions. For fartoo long, too many are hurt, because of decidophobia -- whichwreck family lives ... and continue to pose a threat to existingand fledgling Caymanian-owned businesses. All of this takes placewith the full knowledge that the private sector -- the 'customers'of the Immigration Department -- are not on a level playing fieldwith Government when it comes to the hiring of essential staff.
The bashing of expatriates by Caymanianleaders -- and the counter defense by many expatriates who contributemillions and millions of 'sweat equity' - free labour, goods andessential services to many of Cayman's institutions -- is creatingquite an unhealthy atmosphere for peaceful co-existence.
These alarming developments have been warned... sounded ... time, and time again. It is not too late ... forthe Cayman Islands to get back on track for the mission it setout to accomplish for the Cayman Vision -- in year 2008.
CAL looks toFull Fleet
Cayman Airways' aircraft which arrived backin Grand Cayman from its required mechanical "C" check(A, B, C and D checks are designated depending on the age or mileageof the aircraft - which comes first) is now fully back in service.
It is understood that while the equipmentwas fit to fly (such as the case with this aircraft when it arrivedfrom El Salvador in the early hours of last Friday Morning 3 March)... there were some minor mechanical requirements to be fine tuned... which held up the full certification of its commercial passengersoperation.
Parts were secured from suppliers otherthan Boeing. Because of the inability of the manufacturer to supplysome of these parts, it was necessary for the airline -- in theinterest of safety and regulations, to ensure the equipment metall required standards for its flight worthiness.
Meanwhile, according to the airline's' GeneralManger, Mr. Mike Adam, the other aircraft, VP-CAL which has beencarrying the load along with the chartered 727 equipment fromFirst Air of Ottawa, Canada, flew off for its "C" checktonight (Monday 6 March). He said that the other 737 'Quick Change'(from cargo to passenger configuration) equipment being refurbishedin El Salvador, VP-CYB - is scheduled to join the fleet in timefor the 1 May.
Mr. Adam also confirmed that the Chartered727 and their own 737 will meet the season's schedule of flightsto and from the various destinations they serve: Kingston, Tampa,Houston Miami and Cayman Brac he further stated that the arrangementsfor handling certain operations of CAL in Miami, was initiatedapproximately two months ago, and despite some of these changes,there will absolutely "be no reduction of staff at the ticketcounter in Miami."
It is still suggested that Government shoulddivest itself of the ownership of the National Flag Carrier --with ownership transferred to local businessmen. Failing this,it has been intimated that the aging 737-200 aircraft fleet shouldbe discontinued and replaced with modern commercial aircraft suchas Airbus' 320 or 321 equipment, which will provide the sophisticationand reliability required - thereby mirroring Cayman's preferencefor class.
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Who saidthat?
"The only thing wehave to fear is fear itself"
- FARANKLYN D. ROOSEVELT
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