Up Front
Internal Challenges
Reform of the ImmigrationBoard/Work Permit procedures
Mario Ebanks
I was encouraged by a recent announcementthat the Appeals procedure relating to the decisions of the ImmigrationBoard is to be removed from the Executive Council (ExCo) and incorporatedinto a new independent and non-partisan "Appeals Tribunal".
As readers are no doubt aware, while theCayman Islands is presently facing what is probably the most concertedoffensive against its right to remain a premier offshore financialcenter, there are equally daunting internal challenges which havebeen allowed to remain unresolved for many years, not least ofthese is the untenable situation relating to human resource managementthrough the Immigration Board.
BACKGROUND:
In April 2000, a visit to the Immigration Department headquartersby this author revealed that there are over 62,000 (paper) fileson the premises with just over 15,000 Work Permits currentlybeing in existence.
There is a large, safe, filing room which is filled to capacity,excess filing cabinets in the corridors and foyers; and throughoutthe offices one can see stacks of files on the tops of desks andfiling cabinets, as well as stacked to levels of at least 4 feetfrom the floor.
An initial observation will raise concernabout the safety and confidentiality of the files, however theman-hours that must be utilized in the span of a year to maintainand track files is certainly significant.
This sad revelation is but one symptom ofthe real problem the current Immigration Board practicesand procedures are an obsolete 1972 model which can no longerserve the needs of the Cayman Islands in the year 2001.
It is time for this serious deficiency tobe addressed, regardless of any perceived political fallout, asthe current operational maze will stifle the Islands' abilityto compete in a dynamic regional and global service-oriented marketplace.
The Cayman Islands is a service economy,our two main industries Financial Services and Tourism,together with its supporting sectors can only survive if theycan respond quickly to customer expectations; if Caymanians arenot available then it is ill-advised for any Immigration Boardto attempt to micro-manage the human resources recruitment oflong-established businesses on the Island.
With the increased pressures on the financialservices sectors from initiatives such as the FATF, it is imperativeto ensure that the territory has a critical mass of first-rateprofessionals to efficiently service the needs of the territory'sdiscerning clientele.
I have always been a champion of the upwardmobility of able, equipped and willing Caymanians. However, wemust be realistic and not idealistic in the competitive new "globalvillage" with the ease of mobility of operations and capital.
Where such Cayman-ians are not readily available, it is ill advisedfor any politically-appointed Board (or any particular memberor members therein) to adopt procedures or exercise discretion(however well-intentioned) which do not add-value and which maystrangle a business' ability to compete and succeed.
Readers of this publication are aware ofthe level of anxiety which presently exists within the financialservices sector; this is not the time for the Immigration Boardto be seeking utopiasome institutions are already implementingcontingency plans because of the external challenges, let's notexacerbate the situation or accelerate their departure by unfairor ill-conceived internal bureaucracy or inefficiency.
Recent Improvements:
Recently, however, as part of the Re-engineering of GovernmentServices, the Immigration Department has taken on a new operationalapproach, with a motto of "Working Harder to Serve you Better".Arising from this exercise, a number of enhancements have beenmade:
A new website was launched in January toprovide subscribers with secure next-day updates on the schedulingand outcome of Work Permit applications. This website has beenwell received, despite the fact that there are a number of bugsto be sorted out, as well as a number of accompanying tasks whichshould also be automated in order to achieve the full benefitof this enhancement;
The Business Staffing Plans concept hasbeen launched, which is meant to reduce the volume of applicationsgoing to the Board, allow the application processing to be more"transparent" by not vesting such a great deal of discretionarypower in the hands of political loyalists, as well as acceleratethe approval process. This, however, in my personal opinion, isa long-term initiative which must be handled very carefully otherwisethe real long-term benefits may be obliterated;
The Immigration legislation has been amendedto provide for 90-day Temporary Work Permits, bulk approval ofTemporary Work Permits for known frequent visitors and the removalof a requirement for a Work Permit for visitors who are comingto the Island for certain activities, meetings, to give testimonyin court etc. For some of these enhancements, the Department isstill working out the operational requirements and at this pointI must publicly commend the Chief Immigration Officer for hisdedication and willingness to be responsive to the public ("customer").
INSTITUTIONAL REFORM:
Vision 2008 (the 10 year National Strategic Plan) also recognizedthe shortcomings of the present institutional framework. Realizingthat the present remit of the Immigration Department is too broad,covering: Immigration, Emigration, Trade & Business Licenses,Work Permits (Temporary and Annual), Citizenship/Status, Enforcement,Passports, Visa Extensions, Permanent Residency etc., the Planin Strategy 16 Action Plans 7, 8 and 10 proposed a number of usefulreforms, including:
The rationalization of the Labour Departmentand the Immigration Board into a new Human Resources Authority(HRA), with an Executive Director and an industry-representedAdvisory Board and a more transparent reporting arrangement;
Establishment of a Human Resources AppealsTribunal, to replace the present system of Appeals to ExecutiveCouncil on the decisions of the Immigration Board.
Formulation of a comprehensive trainingand succession planning policy.
In view of the awesome volume of paper filesand documents which are physically stored at the Immigration headquarters,it would be advisable for a "document & information managementstrategy" to be developed. Components of this strategy couldinclude an Intranet, for internal information, guidelines, updates,etc.; as well as an appropriate system for Document Imaging andinformation/file Archiving.
The Immigration Board, or the new HRA, shouldpromote the full automation of the application and processingprocedures for Work Permit grants and renewals, this could bedone through a secure website, where most of the tasks involvedcould be done on-line with the customer (employer) doing mostof the work (self-serve) in exchange for quicker decisions.
The development of specific requirementsfor each job, accompanied by a checklist of expectations, couldbe developed. Once the employer meets all of these requirementsthen the application process would be administrative and couldbe handled "on-line" by a designated staff member foreach industry/sector.
These are but a few highlights of an approach,which could be taken to bring about a straightforward and cost-effective"re-tooling" of the Immigration Board institutionalframework, which may grind to an inevitable halt without somemeaningful reform.
Conclusion:
Utterances coming from the Honourable Leader of Government Businessand the Honourable Minister responsible for Human Resources seemto indicate that they also recognize the serious shortcomingsof the current system. I trust that the entire Government, withsupport from all legislators, will be bold enough to tackle thisstrategic initiative and not defer it as their predecessors havedone.
As a resilient people, we must now embraceour seafaring heritage and get "all hands on deck",all stakeholders from everywhere and let's embark on a new partnership,towards a renaissance of sorts, with the aim of overcoming ourpresent challenges and fine-tuning the master-plan of a greatCayman Islands of the 21st century. In regard to Immigration,this dream cannot be achieved without a full-scale reform of thecurrent system.
Then and only then, may we be enabled toachieve the relevant Vision 2008 objective of; a country whichmanages growth and maintains prosperity and an immigration policywhich protects Caymanians and is equitable to all others.