Over the last three years, Workforce Opportunities and Residency Cayman has registered 405 breaches of the Immigration Act and levied over $1.04 million in fines from local companies and individuals.
Deputy Premier Chris Saunders, Minister for Labour as well as Customs and Border Control, sounded a warning on Wednesday evening that immigration breaches will not go unpunished.
“Companies and individuals need to ensure that they remain compliant with our Immigration Laws to avoid being fined and/or prosecuted. This Government is sending a clear message that if people want to continue doing business in the Cayman Islands, they must play by the rules,” he said.
Between January and 25 March, Saunders, in a statement to the Compass, stated that 23 individuals were arrested and $391,000 in administrative fines levied against local employers and work-permit holders found in breach of the Immigration (Transition) Act.
He was responding to Compass questions relating to concerns raised by Business Staffing Plan Board chairman Richard Barton in a letter he sent 1 March to Saunders and senior government members.
According to Wednesday’s statement, during the three-year period, WORC collected $740,256.60 out of the $1,045,154 in fines levied.
A total of $200,472.50 in fees were transferred to the Courts Office for further action and a further $104,425 were deemed to be non-collectable due to the company’s or individual’s inability to pay, the statement added.
“In these instances, other avenues of redress are followed including the revocation of the affected work permits,” it said.
Saunders, on Wednesday, also reminded that Cayman’s laws cannot be ignored.
The fined offences include:
- Failing to disclose a Caymanian applicant;
- Employing a person without a work permit;
- Making a false representation;
- Overstaying;
- Causing a person to overstay;
- Being employed or working outside of the terms of a work permit;
- Failing to answer truthfully;
- Unlawful payment of a work permit; and
- Possession of a forged document.
“These rules are not arbitrary. They are not voluntary. They are the law of the land. These laws are designed to ensure that Caymanians are given fair opportunity in their own country, which is no different than any other country around the world requiring their nationals to be given priority,” he said.
The offences flagged by the WORC compliance team range from failing to disclose a Caymanian applicant, employing a person without a work permit, making a false representation and possession of a forged document.
The statement pointed out that, in each year, there were several repeat offenders.
“In 2019, two companies and four individuals had multiple offences filed against them. In 2020, one company and four individuals were fined for multiple offences. In 2021, three companies and eight individuals were in breach of the Islands’ Immigration Laws on multiple occasions,” it stated.
WORC Acting Interim Director Jeremy Scott said that WORC’s computer systems are being upgraded to ensure timely notice of expired work permits are provided to the compliance unit for follow-up and enforcement.
He added that these measures are complemented by the set-up of a high-risk registry for repeat offenders that will be closely monitored by compliance staff.
New measures are in place to improve detection of breaches and enforcement of the relevant laws moving forward including looping in the Office of the Director of Public Prosecutions for court action, he said.
“WORC is enhancing its Compliance Unit through a number of strategies, including a review of the administrative systems to verify if an offending company or individual has the financial means to pay a levied fine. Moving forward, if companies or individuals are unable to pay, outstanding matters will be referred to the Director of Prosecutions (DPP) for review and potential Court charges,” he said.
Saunders also reminded that public ‘whistle-blower’ assistance is vital to ensuring compliance as he thanked the “many individuals who have used the compliance portal and reported suspected breaches. We serve the public and also require the help of the public in identifying and prosecuting offenders.”
He said apart from the sanctioning of offenders he is keen to reward employers who follow “the letter and spirit of our Immigration Laws by hiring, training and advancing Caymanians”.
A new accreditation system based on past and ongoing human resources practices, will be used to track employers.
“Although we are focusing strongly on compliance, enforcement and redress, we are also keen to give credit where it is due,” he added.
Related Videos
