Separate immigration categories for wealthy non-Caymanian residents, foreigners who have a ‘substantial business presence’ in Cayman and visiting business people are created under proposed amendments to Cayman Islands Immigration Law.
The amendments are part of a package of changes sought by the Immigration (Amendment) (No. 5) Bill, 2011, which is expected to come before lawmakers later this year.
The bill creates a slightly new category for individuals of independent means that allows them to remain in Cayman for the rest of their lives provided they meet all investment and earnings requirements under the law. Previous residency certificates for those with independent means expired after 25 years.
The new Certificate of Permanent Residence for Persons of Independent Means, if approved, would be granted without the right to work, unless special exception is made by the Caymanian Status and Permanent Residency Board. Anyone granted the certificate would require an annual income of at least $150,000 and have invested at least $750,000 in Cayman. The person and their spouse would also have to prove a clean criminal record and that they are in good health.
A quota for this particular permanent residence category would be established by the governor, according to the bill. The quota number would have to be made public.
A second residency certificate created by the amendment bill is a grant for ‘substantial business presence’ similar to what currently exists for direct investment incentives in the Immigration Law.
The new certificate requires that the person own, directly or indirectly, a minimum of 10 per cent of the shares in a business which that person has established within the Cayman Islands. That business must fall into an ‘approved category’ of business, to be determined by regulations in the law. Such a certificate, if granted would be valid for 25 years and has the potential to be renewed. The certificate holder would still have to adhere to all other trade and business licensing requirements.
A third category makes provision for who is coming to the Islands for a “commercial activity” for a short period of time; not longer than five days.
The Visitor’s Work Visa could be granted to anyone who would normally be eligible for a regular work permit in Cayman. The visa applies to anyone travelling here “for the purpose of engaging in commercial activity with one or more persons or entities licensed to trade in the Islands” and who would otherwise require a full work permit to carry on with such business. The visitor’s visa could be approved by a senior immigration office or anyone else in the department of higher rank.
The Visitor’s Work Visa would only be extended in “exceptional circumstances” for a further five days, according to the bill.
Appeals backlog
Other proposed changes in the bill seek to speed up the appeals process with regard to immigration matters.
The head of the Immigration Appeals Tribunal warned last year that if certain legal changes weren’t made, a backlog of more than 1,500 appeals of work permit, permanent residence and Caymanian status applications before the board would likely persist. “The number of appeals [has] significantly escalated since the introduction of the legislation introducing the rollover policy and the law in this area needs to be modernised to deal with procedural changes and legislative peculiarities to ensure justice for all parties,” said Immigration Appeals Tribunal chairperson Sophia Harris in March.
The bill seeks to address the problem by allowing more deputy chairs of the appeals tribunal to hold more committee meetings with fewer members required for a quorum. Proposed changes also set no limit to the number of appeals board members that can exist.
Other changes
The amendment bill seeks to change other significant areas of the Immigration Law, including:
Removing proof of residence requirements for the child or grandchild of a Caymanian who was born in the country and is seeking the right to be Caymanian.
The ability to transfer special certificates for domestic workers who have responsibility to care for an elderly, sick or handicapped person and who passed away or somehow became incapacitated during the currency of their work certificate. The transfer provision would allow another caregiver to take over that certificate.
Approval of student visas for non-Caymanians can be delegated to assistant chief immigration officers.
Recreational sport fishing vessels are exempted from certain immigration requirements that apply to other commercial watercraft. Those requirements include providing a list of passengers and crew of board prior to departing Cayman Islands shores on an expedition beyond territorial waters.
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