The government is dealing with permanent residence applications “in the order in which they were received,” according to officials.
Eric Bush, chief officer for the Ministry of Home Affairs, confirmed late Monday that the government has not yet considered any applications filed under the newly revised Immigration Law – meaning those received after Oct. 28, 2013, when the law took effect.
However, permanent residence applications received prior to Oct. 28, which will be considered under the earlier version of the Immigration Law, will be dealt with on a first-come, first-served basis.
“We can confirm that there was an influx of applications for permanent residence prior to the Immigration Law being changed,” Mr. Bush said.
Just how many applications were received was not known by press time, but the chairman of the Caymanian Status and Permanent Residency Board, Waide DaCosta, said Monday he expects to be fully current on applications by next month.
Mr. DaCosta pointed out that the board had not received any instructions to process permanent residence applications filed under the revised Immigration Law.
Mr. Bush confirmed Monday that the holdup has mainly to do with one area of scoring in the permanent residence points system used to determine whether non-Caymanian applicants qualify to remain in the territory for the rest of their lives. That area gives applicants up to 15 points if they hold a job that is considered a “priority occupation.”
A priority occupation is identified as one needed for advancement of national economic, cultural or social objectives on a long-term basis, as determined by the board considering the permanent residence application or by the chief immigration officer.
Mr. Bush said the jobs considered to be priority occupations would be made public soon, allowing Caymanian Status and Permanent Residency Board members to decide PR applications under the new law.
The timing for hearing new permanent residence applications is somewhat sensitive under the revised legislation.
Anyone who has applied for permanent residence under the new Immigration Law is no longer allowed to work “by operation of the law” while their application is being decided. The applicant can apply to the chief immigration officer directly for permission to continue working, but it is not certain that permission would be granted in all cases as it was under the previous law.
A permanent residence application can be filed only within a worker’s eighth year of residence in the islands. That worker would either have to have the application decided prior to reaching their nine-year residency term limit or seek the permission of the chief immigration officer; otherwise, they would have to leave Cayman while the PR application was still in doubt.
Mr. Bush has said processing times for permanent residence applications will eventually be improved under the new law, because both the board and immigration officers can consider applications. Under the old law, only the Caymanian Status and Permanent Residency Board could approve such applications.
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