Issue No. 495 Wednesday, 24 September 2003

A new draft of an immigration bill that will "create new and progressive systems of rights for Caymanians and work permit holders" was tabled in the Legislative Assembly last Thursday, 25 September by the Hon. McKeeva Bush, Leader of Government Business.

Hon.McKeeva Bush.

The draft bill contains new provisions for the grant of Caymanian Status, permanent residency and work permits. Supporting legislation for the administration of these rights will accompany the final draft for debate in November.

These ancillary provisions will include the creation of new administrative agencies to be called the Work Permit Board, the Caymanian Status and Permanent Residency Board and the Business Staffing Plan Board. Other provisions will assist the Chief Immigration Officer in executing his duties as regards entry and landing.

The last major amendments to the Immigration Law were made in 1992. Since then, a Select Committee of the Legislature and Vision 2008 has produced recommendations. Since 2001, an Immigration Review Team produced more than 100 pages of detailed reports: an interim report dealing with the structure for immigration and work permits and a second interim report dealing with Caymanian Status and permanent residency.

Speaking to the Chamber of Commerce recently, the Minister said that among many far-reaching benefits, "the Legislation would encourage inward investment through a clear and transparent permanent residency system not bogged down in uncertainty and red tape." He added that it would also encourage Caymanians from abroad "to return to make their own contributions to our islands and it would welcome the new spouses of Caymanians and key employees and encourage them to become a part of our community."

Some of the highlights of the new bill set out by the Minister in his address to the Chamber of Commerce are as follows:

"1. All Caymanians will be identified as Caymanians. The words Caymanian Status will not be used in relation to those who have the right to be called Caymanian. However, there will continue to be a number of legal distinctions between Caymanians of Right and Caymanians by Grant of the Board.

"2. The children, grandchildren and spouses of Caymanians who are not Caymanian as of right will be given the right to apply for a grant from the Board so long as they are ordinarily resident in the Islands. This will encourage the return of our relatives, their children and spouses who have lived abroad, enabling them to return to their heritage and to become a part of our community.

"3. Applications for the grant of Caymanian status on the grounds of ten years' residency will be done away with in favour of a new system of graduated rights where permanent residents will apply for naturalization and then the right to be Caymanian based on the fact that they have become naturalized as British Overseas Territory Citizens as a result of their connections with the Cayman Islands. In other words you will have to become a citizen of these Islands if you want to be eligible to apply for a grant.

"4. The law will ensure that Caymanian "rights" conferred on persons cannot be passed on to minor children not resident in this jurisdiction. The law will also make it clear that rights to be Caymanian will be revoked in cases of persons breaching trust by committing criminal offences.

"5. The quota system will be abolished. There will in the future be no limitations on the number of grants that can be made by the Board. However each application will in future be judged on its own merits and in accordance with the criteria set out in the new law.

"There will be a final quota issued for the year 2004 as part of the savings provisions and as a transition from the rights that exist under the current law to the rights included in the new law. All persons who are eligible for a grant of Caymanian status as a result of ten years' residency or more will be invited to apply to the Board for a grant of Caymanian status.

"The deadline issued by the Board for the consideration of status applications under the 2003 quota was September 1, 2003. This 2004 quota will allow the Immigration Board to consider applications from anyone wishing to apply and will include any applications received from persons restricted by Law from applying since 2001 for a period of two years.

"By Cabinet granting some long-term residents Caymanian status, the number of applicants that are forced to compete against each other for the quota issued in 2003 and the quota to be issued in 2004 has been significantly decreased. I am advised by the Department of Immigration that of the 500 applications received under the 2003 quota approximately 150 have already been granted Caymanian Status by Cabinet. That means that the chances of the remaining 350 will dramatically increase. The Opposition has charged that some long-term residents are being left out. This is simply not true. Every resident of over 10 years has had an opportunity to apply to the Board in 2003 and once again can exercise that right prior to the new law coming into effect in 2004. No one is being left out. Everyone has been and will be given an opportunity to apply.

"6. There will be FOUR new categories of permanent residency:

"a) Long-term residents of over eight years who apply will be considered under a new point system to be published in the Regulations;

"b) Spouses of Caymanians will be given the right to reside and work by grant of a Residency and Employment Rights Certificate;

"c) Wealthy retirees over the age of 55 years will be eligible to apply for a right to reside without a right to work. The Chief Immigration Officer will issue this for a period of up to 25 years, in accordance with the criteria laid down in the law and the regulations.

"d) A totally new category of permanent residency will be that of wealthy entrepreneurs and investors, who will be eligible to apply to the Chief Immigration Officer for a 25-year certificate if they comply with the criteria in the law which will require very substantial investments in a local business employing Caymanians.

"e) For qualifying persons, work permits of up to three years will be issued. The Board will also be able to issue work permits of up to five years for teachers, doctors and nurses and companies with Business Staffing Plans. This will alleviate much administrative red tape by ensuring that fewer applications for the renewal of work permits have to be filed by businesses and processed by the Department of Immigration.

"f) For work permit holders arriving on the island after the new law has come into effect and who wish to remain here in the longer term, assessments for the right to permanently reside will be made prior to year ten of their residency. Each person will be assessed on their experience, qualifications, the needs of the country and as to whether or not they are key employees or employees to whom special circumstances apply. Ten years is the ceiling under the European Convention of Nationality after which residents should be offered an opportunity for citizenship.

"g) Key people will be clearly defined in the Law and will include persons from every profession but who are likely to be found in the major industries such as the financial community, the hospitality industry and commerce. These will be people whose contacts are critical to the continued success of the business, persons responsible for the genuine training of Caymanians and whose expertise is crucial to the continuation of the training programme, persons whose particular skills are hard to procure worldwide or who have rare specialized expertise that cannot easily be found worldwide.

"h) A revised and improved Business Staffing Plan system will be made available for all companies. This will enable long-term planning for all employers who will not only be able to identify key personnel in advance but who will be able to meet with the Business Staffing Plan Board to present proposals for their staffing needs over the next three to five years. This will ensure that all employers provide adequate training and succession planning for Caymanians. Special provisions relating to professionals and persons applying for partnerships are also included in the new law.

"In conclusion, the many far-reaching changes found in this new piece of legislation would be too many to name. We believe that this legislation will encourage inward investment through a clear and transparent permanent residency system not bogged down in uncertainty and red tape. It will encourage Caymanians from abroad to return to make their own contributions to our islands and it will welcome the new spouses of Caymanians and key employees and encourage them to become a part of our community.

"On the other hand it will closely scrutinize and evaluate the many work permit holders who would chose to remain here for the longer term. Statistics show that over 81% of our current work-permit force has been resident in the islands for longer than five years. Ask yourselves what we can or will be obliged to offer these workers when they reach year ten.

"This law will ensure a system of upward mobility and training for Caymanians.

hrough requiring succession planning and business staffing plan, larger businesses employers will have to consider their human resource needs for the immediate future and will be given every opportunity and encouragement to train and promote
Caymanians. At the same time all employers will be permitted to retain for the long term the expertise of any non-Caymanian employees who are key to their business."

According to GIS, the Government sought views and advice of its constituents and the people of these islands as a whole and the tabling of the draft bill, which is available on the Government website (www.gov.ky), is to provide for a period of further public consultation prior to debate on the full bill in the November Meeting of the Legislature.