Parliament this week passed two bills – the Customs and Border Control (Amendment) Bill and the Immigration (Transition) (Amendment) Bill – that mandate COVID-19 vaccines for certain categories of non-Caymanians in the Cayman Islands.
Here, the Compass takes a quick look at what the changes entail.
Who does this impact?
- People renewing or being granted work permits, including temporary ones
- Those amending work permits to add dependants
- Individuals applying for a Certificate for Specialist Caregivers
- Those applying for or renewing student visas
- People who are legally and ordinarily resident in the islands for at least eight years, including those applying for permanent residence
- People applying for Residency Certificates for Persons of Independent Means (those who are investing at least $2 million in developed real estate), and holders of this certificate who are applying for permanent residence
- Surviving or former spouses or civil partners and adult dependents of holders of Residency Certificates for Persons of Independent Means or holders of Certificates of Permanent Residence for Persons of Independent Means, who are applying for such a certificate/permanent residency in their own right
- Those applying for Certificates of Direct Investment (which requires an investment of at least $1 million in a employment-generating business), and surviving/former spouse or civil partner applying for such a certificate in their own right
- Holders of Residency Certificates (Substantial Business Presence), which refers to owners of at least 10% of a business on island
- Spouses, civil partners and dependents of people holding Residency Certificates for Persons of Independent Means and Certificates of Direct Investment
- Those receiving entry permits from Cabinet.
What if I’m arriving on island to work but haven’t been able to get a vaccination in my home country yet?
Under the new rules, an unvaccinated person and any unvaccinated dependents must sign a declaration stating that they will complete an approved vaccine course and provide a
vaccination certificate to Workforce Opportunities and Residency Cayman/Customs and Border Control within 40 days of arrival on island. Failure to do so will result in the revocation of the work permit.
Are there any exemptions allowed?
Yes, some exemptions are allowed.
These include people who can provide a medical certificate which certifies that a vaccination would be injurious to their health or to the health of a dependent. The medical certificate will need to be reviewed and a decision taken by the government’s medical officer of health.
The new legislation does not apply to government employees, although Deputy Governor Franz Manderson has said it is likely the Civil Service will adopt similar rules regarding non-Caymanian civil servants.
The medical officer of health can exempt certain people from the requirement to provide a vaccination certificate, a declaration or a medical certificate in the event of an emergency situation or in exceptional circumstances. The medical officer of health is required to provide Cabinet with a report on such exemptions at least once every three months.
Also, Cabinet can exempt individuals on its discretion.
Who checks the vaccination records?
Documentation relating to proof of vaccination; declarations stating that a vaccination will be done within 40 days of application or arrival (depending on whether it’s a work-permit renewal or new grant, respectively); or medical certificates exempting a person from getting a vaccine must be submitted to WORC/Customs and Border Control at the time of making an application.
I have permanent residency but I’ve changed my occupation and need to make an amendment in my annual declaration. Must I be vaccinated?
Permanent residents, including those making changes to their annual PR declarations, are not mandated to be vaccinated. Only those applying for permanent residence must supply proof of vaccination.
Do I need to be vaccinated to apply for status?
No, you do not.
The original version of the bill seemed to include people related to or married to Caymanians. What has happened to that?
A number of amendments were made to both bills during the committee stage, in which the lawmakers went through and tweaked individual clauses of the legislation. During that stage, references to children and dependents of Caymanians, who were applying to reside in the Cayman Islands were removed. Additionally, the requirement for surviving spouse or civil partner of a Caymanian to be vaccinated was also removed. The government said this was in response to feedback from the Opposition and members of the public during the consultation period.
Editor’s note: The final version of the amended legislation has yet to be published. This story will be updated if necessary once it is available.
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I cannot see how this is constitutional and it’s just a matter of time before such discriminating law gets shot down by a legal challenge. Its actually quite a discriminating piece of legislation that can get countries blacklisted. Only very [shortsighted] politicians can come up with such stupidity. It will never withstand a legal challenge as it openly discriminates between type of residents.