Law mandating vaccinations for non-Caymanians in effect

Law changes that now require COVID-19 vaccinations for non-Caymanians have come into force, which means that, as of 14 Oct., any work permit application, new or renewal, must show proof of vaccination.

Both the Immigration (Transition) (Amendment) Act, 2021 and the Customs and Border Control (Amendment) Act 2021, which were passed by Parliament on 5 Oct., were assented to and took effect overnight after being published in the Gazette.

Premier Wayne Panton, speaking at Thursday’s COVID-19 briefing, announced publication of the legislative changes saying it marks an important step in the battle against COVID-19, as does the jurisdiction’s introduction of lateral flow tests.

“It is essential we get the management of COVID-19 in the community properly functioning for our resident population first and we can wisely and safely welcome visitors back to our shores and ensure our systems are tested and fully proven in the event our guests require isolation or quarantine,” he said.

Though these laws do not affect non-Caymanian civil servants, Deputy Governor Franz Manderson, during the parliamentary debate on the amendments earlier this month, said similar requirements are under consideration for contracted government workers.

Deputy Premier Chris Saunders, in a statement Thursday night, following the gazettal of the laws, said the legislation aims to offer as much protection as possible to the diverse Cayman Islands community.

“The revised legislation endeavours to make the new requirements as reasonable and humane as possible. We have removed the mandate for persons with existing close, long term personal connections to the Islands. In addition we have built in grace periods where appropriate, and allowed medical exemptions where called for. We believe these changes have helped to improve what is otherwise a necessary piece of legislation,” Saunders said.

The changes apply to dependents as well.

For those who are unvaccinated, a declaration much be signed by that person that he or she will complete an approved vaccine course and provide the vaccination certificate within forty days of the grant of a permit, or renewal, or arrival to the islands, as the case may be.

In the case of an employee or former employee, who has been vaccinated with a vaccine course which is not an approved vaccine course, the law allows a declaration signed by the individual that he or she will comply with any directions of the Medical Officer of Health given with regard to vaccination.

Provisions have been made for exemptions.

However, the Ministry of Border Control and Labour, in a statement, said anyone seeking exemption from the Acts on medical grounds must obtain a letter/certificate from a physician in the Cayman Islands, if applying locally, or from a physician from the country of origin, if applying overseas.

“This document must be sent to the Health Services Authority for review and approval by the Medical Officer of Health, after which it should be submitted along with the application,” it added.

Workforce Opportunities and Residence Cayman (WORC) and Customs and Border Control (CBC) officials stressed, the statement said, if a vaccination certificate, declaration, or medical exemption is not included at the time of the application submission, this may cause a deferral or delay in processing.

The declaration form can be found on both CBC and WORC websites.

Mandatory vaccination categories:

WORC – Immigration (Transition)(Amendment) Act, 2021

• Persons applying for work permit grants (WP) or renewing work permits, this includes temporary work permits (TWP) new applications and renewals;
• Amendments to a work permit to add dependents;
• Certificate for Specialist Caregivers;
• Permanent Residence; (applicants must have been legally and ordinarily resident in the Islands for at least eight years),
• Residence certificates for persons of independent means,
• Surviving or former spouses, 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 certificates in their own right.
• Persons applying for certificates of direct investment,
• Surviving/former spouse or civil partner of a certificate of direct investment holder applying for such a certificate in their own right
• Holders of residency certificates (Substantial Business Presence)
• Spouses, civil partners and dependents of people holding residency certificates for persons of independent means and certificates of Direct Investment
• Persons exempted from the gainful occupation requirements of non-Caymanians
WORC officials note that the changes mean that temporary work permit applicants must submit an additional form along with the other required documents, although previously no medical form was required.

CBC – Customs and Border Control (Amendment) Act, 2021
• Student visas,
• Persons renewing student visas,
• Persons arriving under the Global Citizen Concierge programme and
• Those receiving entry permits approved by Cabinet

Categories unaffected by the provisions of the Acts:

• Persons applying for the Right to Work (RERC) as the spouse of a Caymanian
• Surviving spouse of a Caymanian or a Permanent Resident (PR) holder
• Persons applying for variations of existing Permanent Resident Applications (such as change in occupation or adding dependants)
• Non-Caymanian Civil Servants