Amending legislation coming next week
Cabinet approved a temporary suspension of term limits for non-Caymanian workers on Tuesday.
Premier McKeeva Bush said Wednesday the amending legislation to the Immigration Law would go to the Legislative Assembly next week and that the suspension would last up to two years while a comprehensive review of the law was conducted.
“I think we’ve come to the time when we have to have a thorough examination of [the term limit provision of the Immigration Law],” he said. “Is this working for
or against us?”
The suspension of term limits will only be for one year initially, but will be extended up to two years if the review committee hasn’t completed itswork after one year. He defended the suspension of the law during the review, saying Cayman was facing losing thousands of expatriate employees to rollover in the next 18 months, based on information provided by the Immigration Department.
“Between October and December, 700 people are due to be rolled over,” he said. “Next year, another 3,500 would be rolled over. In the next 18 months, the figure is over 5,000.”
The suspension will allow people whose term limit expires after the date of the amendment to the law takes effect – or that has expired 30 days prior – to remain employed in the Islands under a new category of authorisation called a Term Limit Exemption Permit, which would allow the person to remain employed in the Cayman Islands with their existing employer or a different employer. Mr. Bush rejected the claim the suspension would take jobs away from Caymanians.
“Why are Caymanians out of jobs now then?” he asked. “Suspending the rollover is not going to make Caymanians lose their jobs the way some people are saying it would.
“What makes Caymanians lose their jobs is when the foreign person, particularly in the international business sector, has to leave and… transfers to Luxembourg, transfers to Ireland, or Toronto or Halifax, and takes the job elsewhere. Caymanians lose their job because business leaves also.”
Last week, Mr. Bush said that it was estimated there were 2,200 vacant rental properties.
“Those figures are based on various counts from various sources,” he said, adding the figure could be even higher because it didn’t take into account people renting out rooms in their homes. He said the Cayman Islands couldn’t afford to lose a large number of expatriates because it would hurt Caymanians. He said almost all the landlords on Grand Cayman are Caymanians, many of whom rely on rental income, adding that for many senior citizens, their retirement income is derived mainly from rental properties. Mr. Bush said the term limit suspension will not mean employers with employees who will benefit from the suspension will be exempted from hiring Caymanians. He said employers will have to show they’ve made every effort to find or train a Caymanian for the job and to demonstrate a genuine need to continue employing the worker.
“They still have to hire Caymanians for the jobs they can fill,” he said. “We’ve issued a directive saying they still have to look to see who can be hired.”
Term limits for expatriates became law in January 2004. Prior to that, some expatriates were allowed to remain working in the Cayman Islands indefinitely without any security of tenure or rights to citizenship.
All non-Caymanian workers are subject to term limits, with most having a term limit of seven years. Those designated key employees are given nine-year term limits, long enough to qualify to apply for permanent residence after their eighth year.
The term limit suspension will allow people approaching their seven-year term limit, or those approaching their nine-year term limit who haven’t yet submitted a permanent residence application, to get a Term Limit Exemption Permit. People who have had key employee applications submitted and are now working under operation of law pending the outcome of that application, will also be able to obtain a Term Limit Exemption Permit if their key employee application is denied. Any period of residence accrued on a Term Limit Exemption Permit will not count as being legally and ordinarily resident in the Cayman Islands for the purposes of qualifying for the right to apply for permanent residence.
Mr. Bush stressed that these people will not necessarily get permanent residence if they apply for it. “They can apply, but they will still be subject to the same strict requirements [for the grant of permanent residence],” he said, referring to the point system contained in the Immigration Law Regulations. Those people who have had permanent residence applications denied and are now working under their final one-year work permit will not be eligible for a Term Limit Exemption Permit because they have already been deemed undesirable for long-term residence in the Cayman Islands.
Those invited to take part in the review committee will consist of organisations and people from a wide cross section of the community and will be chaired by Sherri Bodden-Cowan, with Canover Watson serving as deputy chairman. Other committee members invited include representatives from the Chamber of Commerce; Cayman Finance;the Cayman Islands Society of Human Resources Professionals; the Immigration Review Team; the Immigration Department; plus many individuals including Josephine Habib; Paulette Anglin-Lewis; Irma Arch; Betty Baraud; Walling Whittaker; Phillip Rankin; Richard Christian; Edna Delia-Hydes; and Ken Hydes.
Related Videos
This is so unfair … I left the Island in 2008 because I had had enough of ex pat life and wanted to come home to my own country – but I have many friends who like me were living in Cayman before Ivan and stuck it out through the hurricane and the three months’ aftermath with no power or facilities – helping out wherever we could – ex pats and locals – whoever needed or wanted it – and keeping the businesses going – and these people have already been rolled over – and now the ones who arrived AFTER Ivan will get to stay?
Guess what?
some of us have a very short memory.
Remember when Mr. Bush told everyone he had CHANGED? hen he unleashed his dictatorship personality on all of us doing as he pleases? Well this is more of he same.
Especially we should not forget that whatever he says means just the OPPOSITE for Caymanians who are already suffering.
Why let him get away with this?
Where are the concerned citizens of Cayman are you still gagged by this man or bribed in some way?
Yes the UD is the government that works for the X-pat community while they turn their back on the needs of Caymanians.
Alden and Ezzard and PPM might as well throw in he towel the families and friends of these x-pas benefiting from this suspension of he rollover will give the UDP and its leader their vote as payment for his job WELL DONE on heir behalf while Caymanians are screwed to the ground.Rollover mus STAY its all Caymanians have! Mr. Bush and cherri Bodden Cowan talks from both sides of their mouth.
NONE OFF THE BUSINESS which are Chamber of Commerce members are in compliance with Cayman Labor Laws because they simply DO NO HAVE TO!
the business are NOT REGULATED! so McKeeva Bush is a pathetic LIAR! once more.
@Dubai,
Are you an employed educated Caymanian? I always see your I hate foreigners posts.
It’s too bad they didn’t think this through before they ruined a lot of lives – and those people are not coming back. It is too late –
what is going to happen is, the people of the island are going to keep calling for roll over. Thinking that any jobs the person’s who are rolled, are in, will be for the taking. Since they don’t want to earn the position.
What many have not realized yet. Even though it’s more than obvious.
As people are rolled over. The higher paying jobs, are associated with business’s that can easily be moved to other locations. Computers and files aren’t that hard to move to, anywhere in the world.
If they keep applying roll over to these business’s. Once the staff is entirely or largely made up of people who haven’t earned the position. The quality and level of work goes down.
Business’s will and are packing up and leaving.
And those that still think roll over will give them those jobs, will find out fast. That is not the case.
That as more people are rolled. The less jobs their will be. And eventually, there will be little to no jobs and no expats to blame.
Then and only then will it be apparent. That the current way of thinking is wrong.
Expat business’s create jobs for everyone. But to hire someone who is unskilled or unqualified, means. These business’s have to hire 1 or 2 expats to shore up these inefficiencies. For every unqualified/unskilled individual.
A business cannot wait 3 to 5 years, with lost revenue, cost of training, and loss of productivity and reputation. Just so they can have 100% Caymanian employee’s. That is a fools dream.
A business would fold with that working model. And as you can see presently. It’s already happening. Alot. To the point, there are now less jobs for Caymanians, because 10k expats have left the island, and obviously the companies are going with them.
And no companies will be setting up shop here in the future, if they have to work with the business model of waiting 3 to 5 years, with lost revenue, cost of training, and loss of productivity and reputation. Just so one can say they can’t take our jobs. Because eventually, there will be no jobs to be had. For anyone.
Stop banging on about Ivan it was years ago! Who cares. Nobody forced you to move to an island prone to hurricanes. I have just lived through 5 murders this week and I am still here so does this mean I will get permanent residency in 5 years because I didn’t fly off the island?!!
I think what Mr. Bush up to is only for the best of Cayman Islands. The Government have tried to passed laws to see what could work best for Caymanians.
We are all living in uncertainty, so why don’t we just try every way to step up. Lots of Caymanians don’t have jobs right now, as I do. Expats are helping our economy anyway! Not all of us (Caymanians) are in the high end of professionalism so might as well let the deserving people and qualified individuals ;expats or Caymanians do their jobs.
If Caymanians are qualified for a position , then take the challenge, work hard for your family and do your own business. Remember one thing, The economy is not getting better so we better just support Mr. Bush and be quiet but vigilant at the same time. Instead of pulling him down, let us support , help each other , in the end, at least we tried our best! Nobody is perfect but at least we are all trying. May God bless you Mr. Bush and May God bless Cayman!
The Cayman Islands substantially benefitted from the flight of professionals and capital from post independence Bahamas, provoked by a raft of ‘patriotic’ legislation enacted by the PLP under Sir Lynden Pindling….
‘(the Bahamas) also imposed an ill-advised practice of restricting admission to the Bahamian bar to nationals of the Bahamas, which had a diluting effect on the quality legal talent in the jurisdiction (by preventing the recruitment of expatriates), which is critical to the success of setting up sophisticated offshore structures. Not coincidentally, the rise of Cayman as the dominant force in offshore finance almost precisely mirrors the decline of the Bahamas. See generally Tolley’s Tax Havens (2000)’
Cayman Islands policy makers would be well advised to strike the ‘right’ balance between the aspirations of Caymanians and the demands of international business or risk losing quality international talent.