Up Front
Immigration Board now callingfor business plans before granting work permits
Under the new Immigration (Business Plan)Regulations which came into force on September 29, business placesapplying for work permits for immigrant employees now need tosubmit a business plan to the Immigration Board.
The Board feels this new dispensation is a means of forging greaterpartnerships with the local business sector, moving away fromthe micro management of work permit applications and improvingthe efficacy of granting work permits.
The new Law stipulates that the business plan should indicate:
* the number of employees in the company's employ at the dateof submission of the draft business plan
* the number of Caymanian and non-Caymanian employees the companyhas on board
* the positions occupied by all Caymanian and non-Caymanian employees;the nationalities of the non-Caymanian employees and whether suchnon-Caymanian employees are permanent residents or holders ofwork permits
* the length of time each position has been held by a work permitholder
* the anticipated growth of the business and its future plansfor the next three years
* the future anticipated needs of the business as regards itsworkforce for the next three years
* the company's commitment to education and development locallyincluding scholarships, training schemes and in-house training
* a list of the positions in the business that are identifiedas key posts and a brief statement of why they are consideredkey;
* its recruitment policy
* the number of work permits that will be required in at leastthe next three years, the posts that they will be required forand the length of time they will be required for.
In respect of posts being held by work permit holders other thanpermanent residents, employers need submit information pertainingto the likelihood of these posts being filled by Caymanians orpermanent residents and the anticipated length of time beforethat happens.
Once they have received a business plan from a company, the Boardsays, it may either approve it, or request a meeting with thecompany to discuss it further. If such a meeting is deemed necessary,it says, amendments and changes to the plan may be required.
Once the period that the business plan covers has been agreedby the board, the company can submit a work permit applicationfor the post listed and for the length of times stated in thebusiness plan, without the need to advertise the posts.
If a business plan has not been submitted, or a plan has not beenapproved by the Immigration Board, the normal procedure set outin the Law, regulations and directions shall apply to work permitapplications.