Immigration Regulations (2007 Revision) IMMIGRATION LAW

Immigration Regulations (2007 Revision) Supplement No. 2 published with Gazette No. 15 of 23rd July, 2007. IMMIGRATION LAW (2007 Revision) IMMIGRATION REGULATIONS (2007 Revision) Revised under the Authority of the Law Revision Law (1999 Revision). The Immigration Regulations, 2004 made the 4th May, 2004 consolidated with the Immigration (Amendment) Regulations, 2005 made the 25th October, 2005, the Immigration (Amendment) Regulations, 2006 made the 14th March, 2006, the Immigration (Amendment) (No. 2) Regulations, 2006 made the 30th May, 2006, the Immigration (Amendment) (No. 3) Regulations, 2006 made the 11th July, 2006, the Immigration (Amendment (No. 4) Regulations, 2006 made the 31st October, 2006, the Immigration (Amendment) (No. 5) Regulations, 2006 made the 21st December, 2006 (sic), the Immigration (Amendment) (No. 6) Regulations, 2006 made the 29th November, 2006 and the Immigration (Amendment) Regulations, 2007 made the 13th May, 2007. Consolidated and revised this 19th day of June, 2007. Immigration Regulations (2007 Revision) 2 Immigration Regulations (2007 Revision) IMMIGRATION REGULATIONS, (2007 Revision) ARRANGEMENT OF REGULATIONS 1. Citation 2. Definitions 3. Prescribed forms, etc. 4. Applications for work permits 5. Endorsement on work permit 6. Training and recruitment 7. Periodic reports to the Governor 8. Information from the courts, etc. 9. Employer to notify of cessation of employment 10. Applicant for work permit to provide evidence, etc. 11. Exemptions from requirement for work permit 12. Replacement of work permit 13. Business Staffing Plans 14. Criteria for designation as key employee 15. Required financial standing of applicant for Residential Certificate for Persons of Independent Means 16. Required financial standing of applicant for Residential Certificate for Entrepreneurs and Investors 17. Standards of accommodation 18. Prescribed passport endorsement 19. Prescribed fees 20. Particulars to be kept by keepers of premises 21. Fingerprinting, etc. of persons in custody 22. Production of visas 23. Discretion of immigration officer under section 64 24. Power of immigration officer to refuse entry 25. Arrivals and departures by air during abnormal hours 26. Repatriation fee required under section 68(3) 27. Endorsement on passports 28. Exemption from the requirement to complete embarkation and disembarkation cards 29. Waiver of fees First Schedule: Fees Second Schedule: Points System Third Schedule: Business Staffing Plan Fourth Schedule: Forms 3 Immigration Regulations (2007 Revision) 4 Immigration Regulations (2007 Revision) IMMIGRATION REGULATIONS (2007 Revision) 1. These regulations may be cited as the Immigration Regulations (2007 Citation Revision). 2 In these regulations- Definitions “artist” means a person who cultivates or practises one of the fine arts or the performing arts and includes a musician; “exempted position” means a position in a business that is occupied by an exempted employee; “fine arts” means those arts that appeal to the intellect or the sense of beauty and include literature, music, painting and sculpture; “temporary work permit” means a permit referred to in section 53; and “work permit” does not include a temporary work permit. 3. A form, notice, certificate, licence, permit, warrant, book, register or other Prescribed forms, etc. document is in the prescribed form for the purposes of the Law or of these regulations if it has been issued or approved for the purpose by the Chief Immigration Officer. 4. (1) Subject to subregulation (2), an employer or prospective employer Applications for work shall use his best endeavours to ascertain whether or not there is a Caymanian, or permits a person legally and ordinarily resident in the Islands, ready, willing and able to undertake the job in question before making an application for the grant or renewal of a work permit in respect of a worker or prospective worker whose gainful occupation in the job is sought to be authorised by the work permit. (2) The Board may, by prior arrangement, waive the requirement of subregulation (1) if, having regard to the nature of a particular application, it considers such waiver to be in the interests of the community. (3) For the purpose of fulfilling the requirement of subregulation (1), the employer or prospective employer shall cause advertisements to be published inviting Caymanians or persons legally and ordinarily resident in the Islands to apply for the position. (4) Subject to subregulation (2), an application for the grant or renewal of a work permit shall be accompanied by- 5 Immigration Regulations (2007 Revision) (a) a copy of each advertisement published in accordance with subregulation (3), with details of the newspaper in which it was published and the date on which it was published; (b) a full and accurate description of the job to be filled; (c) a full and accurate description of the qualifications the employer or prospective employer considers necessary for carrying out the job and the reasons for requiring those qualifications; (d) details of any responses received in respect of the advertisements including the qualifications of those who responded; and (e) details of the employer’s or prospective employer’s reasons for not employing any Caymanian, or person legally resident in the Islands, who responded to the advertisement. (5) Where a Caymanian has applied for a position, the Work Permit Board shall, for the purpose of being satisfied of the matters specified in subregulation (1), take into account the following information supplied by the applicant for the grant of the work permit- (a) the names of all the applicants for the post; (b) the qualifications, working experience and background of all the applicants; (c) the reasons given for the choice of the successful applicant and for the refusal to employ the other applicants; (d) a copy of the refusal letter and interview report for each unsuccessful Caymanian applicant; and (e) a copy of the job description and resumes of the non-Caymanian applicants. (6) Whoever, in purported compliance with subregulation (3), lodges details that are incomplete, false or misleading is guilty of an offence and liable on conviction to a fine of five thousand dollars. (7) The Board has no power to consider an application for a work permit or the renewal of a work permit unless and until the requirements of subregulation (4) have been complied with. (8) Nothing in this regulation prohibits an employer or prospective employer from advertising a job in such other manner as he considers necessary. Endorsement on work 5. Each work permit shall have an endorsement or be accompanied by a notice permit to the work permit holder in the following terms- “You are hereby informed that, under the existing Laws and regulations, the granting of this work permit in no way confers any entitlement to, or preference in connection with, the granting of any application for the renewal hereof or of any application for the right to be Caymanian. 6 Immigration Regulations (2007 Revision) Applications for the renewal of a work permit, applications for the grant of permanent residence and applications for the right to be Caymanian are all considered on their own merits and in the light of circumstances existing at the relevant time.”. 6. (1) The Board may require an applicant for the grant or renewal of a work Training and recruitment permit to provide details of any programme that he has that is designed to ensure that Caymanians are provided with the instructions and practical experience necessary to make them fully qualified to carry out the job concerned satisfactorily and as expeditiously as possible. (2) The absence of such a programme or the failure to implement such a programme without reasonable cause constitutes a ground for denying the grant or renewal of a work permit. (3) Where the Director of Employment Relations is satisfied that there are insufficient Caymanians, or persons legally and ordinarily resident in the Islands, to meet an expected demand for persons to fill jobs in any profession, trade or industry or in relation to a particular project or enterprise, he may, in consultation with the Board, establish arrangements with authorities outside the Islands for the selection there of persons ready, willing and able to fill those jobs for the purpose of recommending their recruitment to prospective employers within the Islands. (4) An application for a work permit involving a person recommended in accordance with subregulation (3) shall be given preference by the Board. 7. The Board shall submit a detailed report to the Governor outlining the total Periodic reports to the number of work permits granted, extended and revoked during the previous Governor quarter. 8. The Chief Immigration Officer shall, at least once every month, obtain from Information from the the courts a list of all convictions, divorces, and relative particulars relating courts, etc. thereto, and monthly reports from the Police and the Registrar of Births, in order for the Chief Immigration Officer to ascertain whether or not any person should be allowed to remain in the Islands. 9. Where a person whose employment in the Islands is authorised under a work Employer to notify permit, the grant of which is conditional upon his remaining in the employment of cessation of employment a particular employer ceases to be employed by that employer- (a) the work permit ceases to be valid; and (b) the employer shall forthwith give written notice of the termination of the employment to the Chief Immigration Officer, and if he fails to do so is guilty of an offence and liable on conviction to a fine of five thousand dollars. 7 Immigration Regulations (2007 Revision) 10. The Board may require an applicant for a work permit to- Applicant for work permit to provide (a) provide evidence of the good character of himself and any of his evidence, etc. dependants; (b) provide proof of identity of himself and of any of his dependants; (c) undergo a medical examination or furnish a medical certificate with respect to himself and any of his dependants in a form acceptable to the Board; and (d) furnish such other particulars as are, in the opinion of the Board, relevant to the consideration of the application and, in particular, with regard to- (i) his qualifications; and (ii) the availability of suitable living accommodation for himself and his dependants. Exemptions from 11. (1) A person arriving in the Islands for the purpose of engaging in any requirement for work activities listed in subregulation (2) for a period not exceeding seven days is not permit required to obtain a work permit, on the condition that only such activities are engaged in and no other activity is carried out that would otherwise require a work permit. (2) The activities referred to in subregulation (1) are- (a) attendance at meetings or trade fairs and making purchases from Cayman Islands businesses; (b) attendance at conferences and seminars as an ordinary participant; (c) the receiving of training, techniques and work practices employed in the Islands, where that training is confined to observation, familiarisation, and classroom instruction and only if the person is employed by a company or organisation carrying on business outside the Islands; (d) being a representative of an overseas educational institution, to promote, or to interview applicants for places at, such institution; (e) being a guest speaker at a conference or seminar where that event is a single or occasional event and not part of a commercial venture; (f) the organising or supervising of a conference or seminar for up to seven days duration where it is a single or occasional event- (i) involving a specialist subject; (ii) attracting a wide audience; and (iii) open to participants from outside the Islands; (g) the participation in sporting events, or trials or auditions in connection with such events; (h) the covering of a specific news assignment as a newspaper, magazine, radio or television journalist representing a recognised news organisation; 8 Immigration Regulations (2007 Revision) (i) working for short periods on behalf of or for a non-profit or cultural organisation based in the Islands; (j) the giving of professional or expert testimony in court proceedings; and (k) working as a non-executive director of a business being carried on in the Islands where the person is not involved in the day to day operations in the Islands but is visiting in his capacity as a director only. 12. A work permit to replace an existing work permit may be granted up to three Replacement of work months before the expiry of the existing permit of the person being replaced. permit 13. In pursuance of section 45, every company, firm or other business enterprise Business Staffing Plans employing fewer than fifteen work permit holders shall, within one year of having employed its fifteenth work permit holder, submit to the Board a Business Staffing Plan in accordance with the Third Schedule. 14. In issuing policy directions under section 49(6) in relation to the designation Criteria for designation of persons as key employees, the Governor shall have regard to the following as key employee criteria- (a) there is a global shortage of persons in the profession or vocation; (b) notwithstanding the absence of a global shortage, there is a difficulty in attracting or retaining a particular professional category or sub-category in the Islands; or (c) there is a desire to attract certain types of business to the Islands. 15. The financial standing that an applicant for a Residential Certificate for Required financial Persons of Independent means is required to attain in pursuance of section 34 is as standing of applicant for Residential Certificate follows- for Persons of Independent Means (a) where he intends to reside in Grand Cayman, he shall satisfy the Chief Immigration Officer- (i) that he has a continuous source of annual income in the amount of one hundred and fifty thousand dollars, without the need to engage in employment in the Islands; and (ii) that he has invested the sum of seven hundred and fifty thousand dollars in Grand Cayman of which at least two hundred and fifty thousand dollars must be in developed real estate; and (b) where he intends to reside in Cayman Brac or Little Cayman, he shall satisfy the Chief Immigration Officer- (i) that he has a continuous source of annual income in the amount of seventy-five thousand dollars without the need to engage in employment in the Islands; and 9 Immigration Regulations (2007 Revision) (ii) that he has invested the sum of two hundred and fifty thousand dollars locally of which at least one hundred and twenty-five thousand dollars must be in developed residential real estate. Required financial 16. The financial standing that an applicant for a Residential Certificate for standing of applicant for Entrepreneurs and Investors is required to attain in pursuance of section 36 is as Residential Certificate for Entrepreneurs and follows- Investors (a) where he intends to reside in Grand Cayman, he shall satisfy the Chief Immigration Officer- (i) that he has a net worth of one million dollars; (ii) that he has a continuous source of annual income in the amount of one hundred and fifty thousand dollars; and (iii) that he has invested the sum of five hundred thousand dollars in an income generating business employing ten Caymanians; and (b) where he intends to reside in Cayman Brac or Little Cayman he shall satisfy the Chief Immigration Officer- (i) that he has a net worth of five hundred thousand dollars; (ii) that he has a continuous source of income in the amount of seventy-five thousand dollars; and (iii) that he has invested the sum of two hundred and fifty thousand dollars in an income generating business employing at least ten Caymanians. Standards of 17. Without prejudice to the Board’s general ability to impose conditions on a accommodation work permit, it may impose conditions on a work permit that require the holder of the work permit- (a) and any of his dependants, to reside in accommodation that complies with the laws relating to residential accommodation; and (b) to satisfy the Board, from time to time and in such manner as it may direct, that the condition referred to in paragraph (a) is being complied with. Prescribed passport 18. Where permission is granted for a person to land, remain or reside in the endorsement Islands, an immigration officer shall endorse on the person’s passport or other document of identification in lieu of his passport, the nature and duration of the permission, and impress, below the endorsement, the date and his signature, initials or identifying stamp. Prescribed fees 19. The prescribed fees for the purposes of the Law are specified in the First Schedule and, where indicated to be annual fees, are payable annually. 10 Immigration Regulations (2007 Revision) 20. The particulars in respect of each visitor or tourist to be kept by the keeper Particulars to be kept by of premises to which section 76(1) applies are the- keepers of premises (a) date of arrival; (b) name; (c) nationality; (d) names of any person accompanying him; (e) permanent address; (f) signature; and (g) date of departure. 21. A person held in custody for any purpose of the Law, may be finger-printed, Finger printing, etc., of photographed and measured in the manner prescribed for the purposes of the persons in custody 2006 Revision Police Law (2006 Revision). 22. (1) A national of any of the following countries is not required to produce Production of visas a visa on landing in the Islands- (a) a country within the British Commonwealth of nations, with the exception of- Nigeria Pakistan; Bangladesh India Ghana Cameroon Gambia Jamaica Sri Lanka Sierra Leone Uganda; and (b) any of the following countries- Andorra Italy Argentine Japan Austria Kuwait Bahrain Liechtenstein Belgium Luxembourg Brazil Mexico Chile Monaco China (People’s Netherlands Republic) provided Norway holding Hong Kong (SAR Oman China) passports Denmark Panama Ecuador Peru 11 Immigration Regulations (2007 Revision) Finland Portugal France San Marino Germany Spain Greece Sweden Iceland Switzerland Ireland United States of America Israel Venezuela. (2) A person to whom paragraph (b) of section 66 applies or who possesses a valid re-entry permit issued under section 77 is not required to produce a visa on entering the Islands. (3) A transit passenger who is a national of any of the following countries is required to have a visa upon arrival in the Islands- Afghanistan Liberia Albania Macedonia (F.Y.R. of) Algeria Moldova (Republic of) Angola Nepal Bangladesh Nigeria Belarus Pakistan Burma (Myanmar) Palestinian Territories Burundi Rwanda Cameroon Saudi Arabia China (People’s Republic of) Senegal Colombia Serbia and Montenegro Congo Democratic Republic (Zaire) Sierra Leone Ecuador Somalia Eritrea Sri Lanka Ethiopia Sudan Gambia Turkey Ghana Turkish Republic of Northern Cyprus India Uganda Iran Vietnam Iraq Yugoslavia Ivory Coast Zimbabwe Lebanon (4) An application for a visa may be refused on the ground that the applicant- (a) is the subject of a deportation order; (b) is a prohibited immigrant; 12 Immigration Regulations (2007 Revision) (c) has failed to satisfactorily establish his identity and nationality; (d) has failed to establish that he has sufficient financial resources or a qualified sponsor to support him and his dependants for the duration of his stay; (e) is suspected, on reasonable grounds, of not being of good character; (f) being outside the Islands, has failed to provide requested information relevant to his application; (g) has previously failed to observe any condition attached to an earlier grant of permission to enter and remain in the Islands; (h) has previously obtained, by deception, permission to enter or remain in the Islands; (i) has failed to satisfy the visa issuing officer that he will be admitted to another country after his departure from the Islands; (j) has failed to satisfy the visa issuing officer that he will leave the Islands at the end of his stay; (k) is suspected of seeking to enter the Islands for the purposes of obtaining, or engaging in, employment where no permission has been granted to him to engage in employment; (l) does not have a sponsor who is willing, if requested to do so, to give a written undertaking to be responsible for the applicant’s maintenance and accommodation for the period of the permission granted; (m) does not have a sponsor who- (i) is able to satisfy the visa issuing officer that he has sufficient financial resources to support the applicant; and (ii) has made arrangements for the applicant to be properly accommodated; (n) where he is a minor seeking a visa independently of his parents or legal guardian, has failed to provide the visa issuing officer, if requested to do so, with the written consent of his parents or guardian; (o) is deemed, from information received by the visa issuing officer, to be a person whose presence in the Islands would not be conducive to the public good; or (p) has a false document supporting his application, whether or not he is aware of this fact. (5) A person in possession of a valid visa seeking permission to enter the Islands may be refused permission only where the immigration officer is satisfied that- (a) whether or not to the holder’s knowledge, false representations were made or material facts were not disclosed, either in writing or orally, for the purpose of obtaining the visa; 13 Immigration Regulations (2007 Revision) (b) a change of circumstances since it was issued has removed the basis of the holder’s claim to land; or (c) the refusal is justified- (i) on medical grounds; (ii) on grounds of criminal record or bad character; (iii) on the ground of the existence of a deportation order against him; or (iv) on the ground that his presence in the Islands would not be conducive to the public good. (6) A person whose application for a visa has been refused may not re- apply until a period of twelve months has elapsed following the date of his last application, unless the visa issuing officer, in his discretion, reduces that period. Discretion of 23. (1) In this regulation- immigration officer under section 64 “British tourist” means a British citizen or a British Overseas Territories citizen who has arrived in the Islands on a tourist visit; “Canadian tourist” means a citizen of Canada who has arrived in the Islands on a tourist visit; and “United States tourist” means a citizen of the United States of America who has arrived in the Islands on a tourist visit. (2) The requirements of section 64(1) may be waived by an immigration officer in the case of a British, Canadian or United States tourist- (a) who produces on arrival in the Islands a return, round trip or through ticket showing to the satisfaction of the immigration officer that, within six months, he is entitled to proceed or return to some place in a country or territory by virtue of his citizenship or residence; and (b) who accepts the prescribed form presented to him by the immigration officer on arrival and who complies with the conditions set out on the form. (3) Notwithstanding section 64(1), a person resident in the United States of America who- (a) arrives directly from that country; (b) on landing, produces a valid United States Alien Registration Card; and (c) produces a return or round trip ticket to that country, may be permitted to enter and remain in the Islands for a period not exceeding thirty days. (4) Notwithstanding section 64(1), a person resident in Canada who- 14 Immigration Regulations (2007 Revision) (a) arrives directly from the United States of America or Canada; (b) on landing, provides proof that he is a permanent resident or landed immigrant of Canada; and (c) produces a return or round trip ticket to the United States of America or Canada, may be permitted to enter and remain in the Islands for a period not exceeding thirty days. (5) Notwithstanding section 64(1), a person resident in the United Kingdom who- (a) arrives directly from the United Kingdom; (b) on landing provides proof that he is a permanent resident or landed immigrant of the United Kingdom; and (c) produces a return or round trip ticket to the United Kingdom, may be permitted to enter and remain in the Islands for a period not exceeding thirty days. (6) A tourist issued with a prescribed form in accordance with paragraph (b) of subregulation (2) shall- (a) retain it until his departure from the Islands; (b) produce it to a constable or immigration officer if called upon to do so; and (c) surrender it to an immigration officer at the time of his departure, and whoever fails so to do is guilty of an offence and liable on conviction to a fine of two thousand dollars. (7) Proof of citizenship or residence may be established by producing to an immigration officer a photo identification together with a certified copy of one of the following- (a) a birth certificate; (b) a naturalisation certificate; or (c) a baptism certificate. (8) Where there are extenuating circumstances, the Chief Immigration Officer may waive the requirements of subregulation (7). 24. Unless a person arriving in the Islands is exempted from the requirements of Power of immigration the Law, he may be refused permission to land by an immigration officer if- officer to refuse entry (a) he is without a passport, visa or other appropriate travel documents; (b) upon his arrival, he provides false or misleading information to an immigration officer; 15 Immigration Regulations (2007 Revision) (c) he fails to provide information required by an immigration officer for the purpose of deciding whether entry should be allowed and on what terms; (d) he has in the past- (i) obtained a benefit by way of grant from the immigration authorities by fraud or deception; or (ii) failed to observe a condition attaching to an immigration grant; (e) he is a prohibited immigrant; (f) he fails to satisfy the immigration officer that he will be admitted to another country after his stay in the Islands; (g) his sponsor is unwilling to give, if requested to do so, an undertaking to be responsible for his maintenance and accommodation during the period of any leave granted; (h) the immigration officer has information to the effect that- (i) it will be conducive to the public good to refuse him leave to enter; or (ii) he does not intend to leave the Islands at the end of the period of his visit; (i) he intends, unlawfully, to engage in gainful occupation in the Islands; (j) he intends, without having obtained the necessary student visa, to engage in formal studies in the Islands; or (k) he has insufficient funds- (i) to adequately maintain himself and his dependants without recourse to taking up employment; or (ii) to meet the cost of the return or onward journey. Arrivals and departures 25. (1) Where an aircraft is expected to arrive in or depart from the Islands by air during abnormal before 7.00 a.m. or after 9.30 p.m., (hereinafter called “abnormal hours”), it shall hours be the responsibility of the airline concerned to so notify, as soon as possible, a senior immigration officer, supplying him with details of the flight plan including the expected time of arrival or departure, the number of passengers on board and any other information requested, and the senior immigration officer shall lodge such communication in the immigration shift manager’s report. (2) A fee to offset the overtime salaries payable to immigration officers shall be levied on the airline referred to in subregulation (1) at the following half- hourly rates, save that the minimum charge shall be for a period of one hour- Arrivals No. of passengers Fee per thirty minutes (a) up to sixty $159 16 Immigration Regulations (2007 Revision) (b) more than sixty but fewer than eighty $198 (c) eighty or more $237 Departures No. of passengers Fee per thirty minutes (a) up to sixty $82 (b) more than sixty but fewer than eighty $130 (c) eighty or more $159. (3) For the purposes of calculating the cost to the airline for the immigration services rendered under this regulation, account shall be taken of the fact that a team of immigration officers shall be on duty to service the flights- (a) in the case of arrivals, thirty minutes before the indicated time of arrival until ten minutes after it is cleared; and (b) in the case of departures, one hundred and twenty minutes before the indicated time of departure until the flight leaves. (4) Where there are multiple arrivals or departures during abnormal hours, the cost of the overtime immigration services to each airline shall be pro-rated based on the number of passengers arriving or departing on each flight. 26. The repatriation fee required for the purposes of section 68(3) is in the sum Repatriation fee required of two hundred dollars. under section 68(3) 27. The Chief Immigration Officer shall, if requested to do so by a Caymanian, Endorsement on place the following endorsement on the passport or travel document of that passports person- “The holder is a Caymanian and may enter and remain in the Cayman Islands at will. Chief Immigration Officer”. 28. (1) A person in the category mentioned in subregulation (2) is exempt Exemption from the from the requirements of section 71(1), when disembarking in or leaving the requirement to complete embarkation and Islands, to complete and hand to an immigration officer immediately on arrival or disembarkation cards departure a disembarkation card or embarkation card in the prescribed form. (2) The category comprises any person who, when disembarking in or leaving the Islands, produces for the inspection of an immigration officer a Cayman Islands passport which is valid for travel by that person. 17 Immigration Regulations (2007 Revision) 29. The Governor may, from time to time, waive or reduce any or all of the Waiver of fees following fees in the First Schedule in relation to any person or group of persons. FIRST SCHEDULE FEES regulation 19 Section Subject Matter Fee - $ 22. Application for the right to be Caymanian 250 Application for acknowledgement of the right to be Caymanian 50 Grant of the right to be Caymanian 500 Issue of duplicate certificate of the right to be Caymanian 50 30. Application for permanent residence 250 Issue of Residency and Employment Rights Certificate- (a) unskilled 400 (b) skilled 1,500 (c) professional 5,000 30. For the holder of a Residency and Employment Rights An annual fee Certificate engaging in a gainful occupation payable by his employer equivalent to that payable by a person authorised by a work permit under section 42 to engage in the same occupation. 31. Application by spouse of a Caymanian for Residency and Employment Rights Certificate 250 Issue of Residency and Employment Rights Certificate to spouse of a Caymanian 400 32. Application by dependant of the holder of Residency and Employment Rights Certificate (other than by the spouse of such a holder) 250 Issue to dependant of the holder of a Residency and 18 Immigration Regulations (2007 Revision) Employment Rights Certificate (other than to the spouse of such a holder) 400 34. Application for Residential Certificate for Retirees 250 Grant of Residential Certificate for Retirees 15,000 35. Application for Residential Certificate for Entrepreneurs and Investors 250 Grant of Residential Certificate for Entrepreneurs and Investors 15,000 Application for variation of permanent residence or Residency and Employment Rights Certificate 250 42. Application for the grant or renewal of a work permit 50 45. Submission of a Business Staffing Plan 250 Approval of a Business Staffing Plan 1,000 52(4)Application fee for the grant of a fixed-term permit 100 The fee payable for the grant of a fixed-term work permit shall be equivalent to that payable for a one-year work permit granted to a worker in the same category The fee payable for a dependant of the holder of a fixed- term work permit shall be equivalent to that payable for a dependant of the holder of an annual work permit in the same category 48. Grant or renewal of a work permit- Persons Employed in Grand Cayman 1. In respect of the following categories of persons employed in Grand Cayman, other than- (a) the spouse of a Caymanian; (b) the surviving spouse of a Caymanian, who has not remarried a non-Caymanian; or (c) a person specified in subparagraph (2), the fee payable for the grant or renewal of a work permit is - General (1) (a) minister of religion nil (b) teacher or teacher’s aid (including nursery school teacher or 19 Immigration Regulations (2007 Revision) nursery school teacher’s aid ) nil (c) person (including nurse) working for a non-profit cultural, educational or charitable body nil (d) nurse, working for any body other than a body referred to in (c) 550 p.a. (e) person working in the Cayman Islands Hyperbaric Chamber 100 p.a. (2) domestic, manual or unskilled worker 150 p.a. (3) worker in agriculture (other than manual or unskilled worker) 300 p.a. (4) (a) secretary 1,100 p.a. (b) executive secretary 2,500 p.a. (5) clerk (including sales clerk) 550 p.a. (6) skilled tradesman 1,300 p.a. (7) administrator, including non-professional supervisor, other person in an occupation for which a technical qualification (not including a professional qualification) is required, and real estate sales person 2,750 p.a. (8) non-professional manager 4,000 p.a. (9) professional manager and person occupying a position for which a professional qualification is required (including chartered accountant, banker, surveyor, doctor, engineer or any other professional or professional manager) 7,500 p.a. (10) chief executive officer, general manager or managing director for which a professional qualification is required 17,500 p.a. (11) artist 300 p.a. 2. In respect of persons employed in Grand Cayman in, or in relation to, the provision of supplies, services, amenities or facilities for tourists or the tourist industry (including the provision by way of trade or business of accommodation, food, drink, entertainment or other supplies, services, amenities or facilities), the fee payable for the grant or renewal of a work permit is - Tourism and Service Industries (1) (a) kitchen helper, housekeeper, laundress 250 p.a. (b) gardener, boat deck hand or beach attendant 250 p.a. (2) (a) front desk clerk 440 p.a. (b) golf pro-shop cart attendant 440 p.a. (3) food and beverage server 550 p.a. (4) front desk supervisor 660 p.a. (5) bartender 1,100 p.a. (6) (a) activities camp co-ordinator or director 1,500 p.a. (b) (i) boat captain 1,500 p.a. (ii) dive master, dive instructor or scuba diver 1,500 p.a. (iii) submarine narrator or diver 1,500 p.a. (c) (i) para sailor 1,500 p.a. (ii) boat mechanic 1,500 p.a. (d) (i) sous chef or skilled cook 1,500 p.a. (ii) maitre d’hôtel 1,500 p.a. (7) (a) executive housekeeper 1,650 p.a. (b) greens keeper 1,650 p.a. (c) landscaper 1,650 p.a. (8) (a) submarine pilot 2,200 p.a. (b) executive chef (restaurant) 2,200 p.a. (c) rooms division supervisor 2,200 p.a. (d) night auditor or administrator 2,200 p.a. (9) non-professional including restaurant and rooms division manager 3,000 p.a. 20 Immigration Regulations (2007 Revision) (10) (a) executive chef (hotel) 6,000 p.a. (b) food and beverage director, rooms executive, engineering director, human resources director or controller 6,000 p.a. (11) hotel general manager (a) up to 50 rooms 5,500 p.a. (b) over 50 rooms 7,000 p.a. 3. In respect of the following categories of persons employed in Grand Cayman in the construction industry, the fee payable for the grant or renewal of a work permit is- Construction Industry (1) (a) carpenter’s help 375 p.a. (b) mason’s help 375 p.a. (c) labourer 375 p.a. (d) any other unskilled worker 375 p.a. (2) (a) air-conditioner mechanic or technician 1,500 p.a. (b) cabinet maker 1,500 p.a. (c) carpenter 1,500 p.a. (d) electrician 1,500 p.a. (e) glazier 1,500 p.a. (f) (i) heavy equipment operator 1,500 p.a. (ii) truck driver 1,500 p.a. (g) (i) mason 1,500 p.a. (ii) dry wall mason 1,500 p.a. (h) painter 1,500 p.a. (i) plumber 1,500 p.a. (j) roofer 1,500 p.a. (k) (i) steel bender 1,500 p.a. (ii) steel erector 1,500 p.a. (iii) steel worker 1,500 p.a. (l) tiler 1,500 p.a. (m) any other skilled tradesman 1,500 p.a. (3) (a) administrator, including non-professional supervisor or other person in an occupation for which a technical qualification (not including a professional qualification) is required 2,200 p.a. (b) (i) foreman 2,200 p.a. (ii) any other supervisor or tradesman whose work requires the exercise of the functions of a foreman or supervisor in addition to the exercise of any trade or skill within categories (2)(a) to (m) 2,200 p.a. (4) superintendent 3,500 p.a. (5) professional manager and person occupying a position for which a professional qualification is required (including architect, engineer or any other professional or professional manager) 6,000 p.a. (6) chief executive officer, general manager or managing director for which a professional qualification is required. 8,000 p.a. 21 Immigration Regulations (2007 Revision) Persons Employed in Cayman Brac or Little Cayman In respect of a person employed in Cayman Brac or Little Cayman, other than- (a) the spouse of a Caymanian; (b) the surviving spouse of a Caymanian, who has not remarried a non-Caymanian; and (c) a domestic, manual or unskilled worker whose fee, of one hundred and fifty dollars, is the same wherever employed in the Cayman Islands, the fee payable for the grant or renewal of a work permit is seventy-five per cent of the fee payable in Grand Cayman- Provided that - (a) for the purposes of subparagraphs (1) and (2), under the heading “Persons Employed in Grand Cayman”, a person employed to do work the general control of the doing of which is exercised at or through any place in Grand Cayman shall be deemed to be employed in Grand Cayman notwithstanding that the work of that person is done elsewhere in the Islands; (b) where a work permit is granted or renewed for a period of six months or less, half the relevant fee is payable; and (c) where a work permit ceases to be effective, for whatever cause, before the end of the period for which it was granted, a refund of no more than half the annual fee is to be made for that part (if it is more than six months) of the period between the permit ceasing to be effective and the date on which it would have expired had it not ceased to be effective. 32(5).Variation of a work permit (Persons employed in Grand Cayman, Cayman Brac or Little Cayman)- (1) Application 50 (2) Variation (a) where the fee payable for the grant of the permit as varied would have attracted no higher fee than that paid for the permit to be varied 100 (b) where the fee payable for the grant of the permit as varied an amount equal to would have attracted a higher fee than that paid for the fifty per cent of the permit to be varied higher fee In respect of residence in the Islands of the dependants of the holder of a work permit- (a) in the case of a work permit holder engaged in domestic or 250 per dependant per 22 Immigration Regulations (2007 Revision) unskilled work- annum (b) in the case of any other work permit holder- 500 per dependant per annum 53. Application for grant or renewal of temporary work permit 35 53. Grant or renewal of temporary work permit (up to ninety days or part thereof of the period of validity of the permit) - (a) managerial and professional worker in Grand Cayman 1000 (b) managerial and professional worker in Cayman Brac or Little Cayman 750 (c) skilled and technical worker in Grand Cayman 250 (d) skilled and technical worker in Cayman Brac or Little Cayman 188 (e) clerk, including sales clerk, artist and sales representative and semi-skilled worker 75 (f) domestic and unskilled worker 50 (g) minister of religion, nurse, teacher (including nursery school teacher) or person working for non-profit making cultural, educational or charitable body Nil 53. Grant or renewal of temporary work permit (between Fifty per cent of the cost ninety-one days and one hundred and eighty days) of an annual work permit Re-issue of immigration documents- (a) for each issue of a duplicate work permit identification card 35 (b) for each combined issue of a duplicate work permit and a duplicate work permit identification card 50 54(1) Application for business visitors permit 50 54(6) Annual fee in respect of business visitors permit- (a) managerial and professional worker 500 per visit per person in the employed in Grand Cayman relevant calendar year (b) managerial and professional worker 375 per visit per person in the employed in Cayman Brac or Little Cayman relevant calendar year (c) skilled and technical worker employed in 125 per visit per person in the Grand Cayman relevant calendar year (d) skilled and technical worker employed in 94 per visit per person in the Cayman Brac or Little Cayman relevant calendar year (e) clerk employed in Grand Cayman, including sales clerk, artist and sales 75 per visit per person in the representative and semi-skilled worker relevant calendar year (f) clerk employed in Cayman Brac or Little Cayman, including sales clerk, artist and 57 per visit per person in the 23 Immigration Regulations (2007 Revision) sales representative and semi-skilled worker relevant calendar year 54 Visitor’s extension fee- first application 50 subsequent applications 100 54 Application for a visa 48 77 Issue of re-entry permit 20 83 Application for a student visa 50 24 Immigration Regulations (2007 Revision) SECOND SCHEDULE POINTS SYSTEM Permanent Residence Assessment Cayman Islands Immigration Department Permanent Residence Assessment Form FACTOR POINTS 1. Occupation (Maximum 20) a. Professional b. Skilled c. Unskilled and domestics Explanation (i) The points for occupations are compiled with reference to the employment Relations Department’s database. (ii) Points are allocated in accordance with the professions and skills needed in the Cayman Islands in any particular year. (iii) No points are given for occupations where there are enough qualified Caymanians to meet the demands of the labour market. 25 Immigration Regulations (2007 Revision) 2. Knowledge/Experience (Maximum 25) a. Number of years of experience in field 15 (points based on one point for each year after minimum threshold of two years with a maximum of fifteen years) b. Degree programme qualifications and/or professional/post graduate qualifications 10 c. Skilled tradesmen 10 Explanation (i) The points given for experience are calculated based on one point for every year worked in the job. (ii) Points will be allocated for technical qualifications or certificates awarded to the applicant by any internationally or nationally recognised institution or association or other body recognised in the applicant’s field of expertise or trade. 26 Immigration Regulations (2007 Revision) 3. Skills (Maximum 20) a. Professional b. Skilled c. Unskilled Explanation An applicant will be allocated points in accordance with the level of skills required for his occupation, based on the Employment Relations Department’s report. 4. Financial Assessment (Maximum 20) a. Investment in property in the Islands b. Investment in a local company Explanation In assessing the investment made by an applicant under (a) or (b) the Board shall take into account the applicant’s investment relative to his actual means. 27 Immigration Regulations (2007 Revision) 5. Funds and salary (Maximum 20) a. Evidence of funds (cash and investments) b. Evidence of salary and income Explanation The applicant must satisfy the Caymanian Status and Permanent Residency Board that he has sufficient resources through income or investments to support himself and any dependants accompanying him. Ability to provide sufficient funds for his and their healthcare, education, accommodation and maintenance is of paramount importance for prospective long term residents. 6. Contribution to the Community (Maximum 20) For the purpose of example only a. Training and employment of Caymanians b. Assisting in a youth programme c. Assisting in a counselling or drug programme d. Assisting in the rehabilitation, etc. of offenders e. Participation/assisting in a sports programme f. Participation/assisting in an arts programme g. Participation/assisting in a service club 28 Immigration Regulations (2007 Revision) h. Participation in a church or other local society. i. Participation in a social club j. Personal references Explanation (i) The extent to which the applicant has successfully settled and integrated into Caymanian society is assessed by reference to such qualities as adaptability, motivation, involvement in the community and initiative. (ii) Persons who demonstrate an active involvement in the training and mentoring of Caymanians will be given higher points. 7. History/Culture test (Maximum 20) Test Score One point shall be awarded to each question answered correctly. Explanation An applicant is given a test based on the culture and history of the Cayman Islands. The purpose of the test is to assess the applicant’s knowledge of local history, tradition and customs. 29 Immigration Regulations (2007 Revision) 8. Possessing Close Caymanian Connections (Maximum 40) Applicants relationship to Person who is Caymanian a. Parents, child, spouse 40 points b. Brother, sister or grandparent 20 points Explanation (i) An applicant is allocated the most points if he is the parent, child or spouse of a Caymanian. (ii) A person whose brother, sister, aunt, uncle, grandparent or grandchild is a Caymanian will be allocated fewer points. 9. General (Maximum 20) The Board may take into consideration the desirability of granting permanent residence to applicants with different backgrounds and from different geographical areas in order to maintain a suitable balance in the social and economic life of the country. Explanation In exercising this discretion the Board may award points to applicants from countries whose nationals hold less than twenty percent of the total number of work permits in effect at that time based on Department of Immigration statistical information as follow: Applicant is from a country whose nationals hold: (a) 16-19% of the total number of work permits in force: 5 points (b) 11-15% “ “ “ 10 points (c) 6-10% “ “ “ 15 points 30 Immigration Regulations (2007 Revision) (d) “ “ “ 20 points DEDUCTIBLE COMPONENTS POINTS 1. Character and Health (Maximum 100) a. Criminal Convictions b. Health Issues Explanation (i) Maximum points may be deducted by the Board if the applicant has been convicted of an offence against the Laws of the Islands or under the laws of another country, the nature of which offence would, in the opinion of the Board, make his continued presence in the Islands contrary to the public interest. (ii) Points will also be deducted if the applicant is certified by a Health Officer to be suffering from a communicable disease that makes his continued residence in the Islands dangerous to the community or is mentally disordered or defective under the Mental Health Law (1997 Revision). 2. Other (Unlimited) Other mitigating factors 3. Score Tabulation Applicants score a. Maximum points possible (205) 31 Immigration Regulations (2007 Revision) b. Minimum points to be achieved by an (100) applicant in order to receive a grant of permanent residence. Explanation The Caymanian Status and Permanent Residency Board reserves the right to refuse the grant of Permanent Residence to an applicant on the basis that such grant would be contrary and not conducive to the public interest. THIRD SCHEDULE BUSINESS STAFFING PLAN Application 1.

This Schedule applies to every company, firm or other business enterprise (hereinafter called the “business”) employing work permit holders. Submission of Business 2. Every business to which this Schedule applies shall submit to the Board a Staffing Plan Business Staffing Plan (hereinafter called “the Plan”) in accordance with section 43. Information in Business 3. The Business Staffing Plan submitted for the purposes of paragraph 2 shall Staffing Plan contain the following information concerning the business- (a) the number of employees on staff as at the date of submission of the Plan; (b) the number of Caymanian and non-Caymanian employees on staff; (c) the positions occupied by all Caymanian and non-Caymanian employees, the nationality of non-Caymanian employees and whether such non-Caymanian employees are permanent residents or holders of work permits; (d) the length of time for which each position has been held by a work permit holder; (e) in respect of posts held by work permit holders other than permanent residents, the likelihood of such posts being filled by 32 Immigration Regulations (2007 Revision) Caymanians or permanent residents and the anticipated length of time, in respect of each post, before that happens; (f) a list of the positions in the business that are identified as exempted positions and a brief statement as to why they are so considered; (g) the anticipated growth of the business and its future plans for the next three years; (h) the future anticipated needs of the business as regards its work force for the next three years; (i) the commitment of the business to education and development locally including scholarships, training schemes and in-house training; (j) the recruitment policy of the business; and (k) the identification by the business of the number of work permits that will be required in at least the next three years, the posts for which they will be required and the desired duration of those work permits. 4. (1) This paragraph applies to law firms employing attorneys-at-law who Requirements to be met are licensed to practise Cayman Islands law. by law firms (2) Where a Plan is submitted by a law firm, the Board, in its assessment of the total number of professional employees engaged by that firm, wherever based and of whatever discipline, shall take into account the professionals employed at all the offices and branches of the firm but shall not include, in its calculation, separately owned affiliates of the firm. 5. Upon receipt of a proposed Plan from a business, the Board shall in its Consideration by Board discretion determine whether to amend the list by the addition to or the exclusion from it, of any post and may thereupon approve the Plan or, if considered necessary, request the business submitting the plan to meet with the Board to discuss it. 6. Where a meeting has been held under paragraph 5 between the Board and Meeting with Board the business submitting the Plan, at such meeting agreed amendments may be made to the Plan by the business. 7. (1) Once the Plan and its period of validity have been agreed by the Board, Issue of Business either in its originally submitted draft form or as amended after consultation with Staffing Plan certificate the Board, the Board may thereafter issue, to the business, a certificate to be known as a Business Staffing Plan certificate valid for a period of at least three years but for not more than five years. (2) The Business Staffing Plan certificate shall state that the business may submit work permit applications during the validity of the Plan, in respect of the 33 Immigration Regulations (2007 Revision) posts therein listed and for the lengths of time therein stated, and the Board in its discretion may waive the requirement to advertise such posts. Submission of 8. A work permit application made under paragraph 7(2) shall be made to the applications Board and shall be accompanied by a curriculum vitae of the individual, the subject of the application. Issue of work permits 9. When an application under paragraph 7(2) has been made, the Board shall under a Plan thereupon, provided that the appropriate conditions as set out in section 42 have been met, issue a work permit in respect of the applicant for the period stated in the certificate. 10. Where a business has not submitted a Plan or where a Normal procedures to be Plan has not been approved by the Board, the normal followed if no Plan is approved procedure set out in the Law shall apply in respect of such application. Non-application to 11. This Schedule does not apply to applications in respect of domestic workers. domestic helpers 34 Immigration Regulations (2007 Revision) FOURTH SCHEDULE FORMS FORM 1 IMMIGRATION LAW (2007 Revision) section 30(1) RESIDENCY AND EMPLOYMENT RIGHTS CERTIFICATE THIS IS TO CERTIFY THAT…………………….., of………………………and his/her dependant(s) named below (if any) has/have with effect from this day been granted the right to reside permanently in the Cayman Islands. Under section 30(4) of the Immigration Law (2007 Revision), the holder of this Certificate (though not his/her dependant(s) shall be entitled to accept employment from any employer of his/her choice without a work permit, but such employment shall be restricted to the following particular occupation(s)- ………………………………………… ………………………………………… Dependant(s) Name Date of Birth Nationality Relationship …………………... …………………. ………………… …………………. …………………... …………………. …………………. …………………. …………………... …………………. …………………. …………………. Dated this………day of ………………….., 20.. Signed_____________________________ Secretary, Caymanian Status And Permanent Residency Board 35 Immigration Regulations (2007 Revision) FORM 2 IMMIGRATION LAW (2007 Revision) section 31 RESIDENCY AND EMPLOYMENT RIGHTS CERTIFICATE (for the spouse of a Caymanian) THIS IS TO CERTIFY THAT ………………………………………….….., of ……………………….has with effect from this day been granted the right to reside in the Cayman Islands for a period of seven years from the date hereof as the spouse of a Caymanian. This period of validity is renewable at the discretion of the Caymanian Status and Permanent Residency Board. Under section 31(4) of the Immigration Law (2007 Revision) the holder of this Certificate shall, as long as his marriage remains stable, be entitled- (a) to remain and work in the Islands in any occupation without the need to possess a work permit; and (b) to have his or her dependant(s), listed below, reside in the Islands- (i) until attaining the age of eighteen years; or (ii) if pursuing full-time tertiary education, until attaining the age of twenty-four years or until the completion of such education, whichever happens earlier. Dependant(s) Name Date of Birth Nationality Relationship ……………… ……………… ……………… ……………… ……………… ……………… ……………… ……………… ……………… ……………… ……………… ……………… Dated this……day of ……………., 20.. Signed_________________________ Secretary, Caymanian Status And Permanent Residency Board 36 Immigration Regulations (2007 Revision) FORM 3 IMMIGRATION LAW (2007 Revision) section 34(2) RESIDENTIAL CERTIFICATE FOR RETIREES THIS IS TO CERTIFY THAT ………………..of………………………….has with effect from this day been granted the right to reside, without the right to work, in the Cayman Islands for a period of twenty-five years unless this right is subsequently revoked under section 35 of the Immigration Law (2007 Revision). The period of validity of this certificate is renewable at the discretion of the Chief Immigration Officer. Dated this …….day of …..………...., 20.. ______________________________ Chief Immigration Officer 37 Immigration Regulations (2007 Revision) FORM 4 IMMIGRATION LAW (2007 Revision) section 34(4) RESIDENTIAL HOLDER’S (DEPENDANT’S) CERTIFICATE (for a spouse) THIS IS TO CERTIFY THAT…………………, of …………………………is with effect from this day permitted to reside, without the right to work, in the Cayman Islands as the spouse of …………………………, holder of a Residential Certificate for Retirees. This permission is subject to section 34 of the Immigration Law (2007 Revision). Dated this ……day of ……..………., 20.. _____________________________________ Chief Immigration Officer 38 Immigration Regulations (2007 Revision) FORM 5 IMMIGRATION LAW (2007 Revision) section 34(4) RESIDENTIAL HOLDER’S (DEPENDANT’S) CERTIFICATE (for a dependant child) THIS IS TO CERTIFY THAT……………………….., of ……………………has with effect from this day been granted the right to reside in the Cayman Islands, subject to section 34 of the Immigration Law (2007 Revision), as the dependant child of ………………………………….., holder of a Residential Certificate for Retirees. In accordance with section 34(7) of the Immigration Law (2007 Revision) the right of the dependant child to reside in the Islands as a dependant shall cease on completion of his or her full-time tertiary education or when he or she reaches the age of twenty-four years, whichever happens earlier. Dated this ……day of ………….……., 20.. ______________________________________ Chief Immigration Officer 39 Immigration Regulations (2007 Revision) FORM 6 IMMIGRATION LAW (2007 Revision) section 36 RESIDENTIAL CERTIFICATE FOR ENTREPRENEURS AND INVESTORS THIS IS TO CERTIFY THAT…………………….of ……………………….has with effect from this day been granted the right to reside in the Cayman Islands and to carry on the business of …………………………for a period of twenty- five years unless this right is subsequently revoked under section 37 of the Immigration Law (2007 Revision). This permission is subject to the holder possessing valid licences under the Local Companies (Control) Law (2007 Revision) and the Trade and Business Licensing Law (2007 Revision) for the business proposed. The period of validity of this certificate is renewable at the discretion of the Chief Immigration Officer. Dated this …..day of ………..……., 20.. _____________________________________ Chief Immigration Officer 40 Immigration Regulations (2007 Revision) FORM 7 IMMIGRATION LAW (2007 Revision) section 36(1) RESIDENTIAL HOLDER’S (DEPENDANT’S) CERTIFICATE (for a dependant child) THIS IS TO CERTIFY THAT………………….….of…………………....has with effect from this day been granted the right to reside in the Cayman Islands, subject to section 36 of the Immigration Law (2007 Revision), as a dependant child of ……………………., holder of a Residential Certificate for Entrepreneurs and Investors. In accordance with section 36(6) of the Immigration Law (2007 Revision) the right of the dependant child to reside in the Islands as a dependant shall cease upon completion of his or her full-time tertiary education or when he or she reaches the age of twenty-four years, whichever happens earlier. Dated this …….day of …………, 20.. _______________________________ Chief Immigration Officer 41 Immigration Regulations (2007 Revision) FORM 8 IMMIGRATION LAW (2007 Revision) section 36(3) RESIDENTIAL HOLDER’S (DEPENDANT’S) CERTIFICATE (for a spouse) THIS IS TO CERTIFY THAT …………………of………………………..has with effect from this day been granted the right to reside in the Cayman Islands, subject to section 36 of the Immigration Law (2007 Revision), as the spouse of ……………………………………………………………………………………... holder of a Residential Certificate for Entrepreneurs and Investors. Dated this ….day of ……….., 20.. _____________________________________ Chief Immigration Officer Publication in consolidated and revised form authorised by the Governor in Cabinet this 19th day of June, 2007. Carmena Watler Clerk of Cabinet 42 Immigration Regulations (2007 Revision) 43 Immigration Regulations (2007 Revision) (Price $ 8.80) 44