Stern warning issued for non-compliance of Business Staffing Plan requirements

Companies that are required to have Business Staffing Plans in accordance with the Immigration (Transition) Act have been warned they will not have work permit applications approved unless they meet all of the conditions concerning scholarships, internships, apprenticeships, succession planning and advertising.

“Failure to provide timely and accurate updates on these elements will result in the non-approval of related applications,” the Business Staffing Plan Board said in a press release issued Monday, adding that it had adopted “a zero-tolerance stance on non-compliance and will not approve work permit applications where employers have failed to meet their obligations”.

Businesses with 15 or more employees on a work permit are required to file business staffing plan applications, which, if approved, are valid for three to five years. However, employers must submit annual updates to demonstrate compliance with the requirements.

All updates must be submitted to the Business Staffing Board Secretariat via email at [email protected].

Employers found in non-compliance of requirements are subject to refusal of the granting of work permits for new employees and the renewals of work permits for existing employees.

Employers are also obligated to provide detailed records when a Caymanian applies for a position. These records must include:

• The names of all applicants for the position.

• The qualifications, working experience and background of each applicant.

• The reasons for selection and rejection decisions.

• Refusal letters and interview reports for each unsuccessful Caymanian applicant.

• Job descriptions and resumes of non-Caymanian applicants.

Employers that submit incomplete, false or misleading information commit an offence under the law that carries a penalty of $5,000 upon conviction.

Business Staffing Board Chair Jaron Leslie said, “The BSP Board remains committed to the objectives of the Business Staffing Plan framework, which promotes fair recruitment practices, authentic training and succession planning efforts and increased employment opportunities for Caymanians. Employers who do not meet these commitments will face enforcement action.”

Minister of Caymanian Employment and Immigration Michael Myles said his ministry fully supports the board’s zero-tolerance approach to non-compliance.

“These standards are essential to holding employers accountable and ensuring they meet required obligations,” he said.

“Our priority is to protect opportunities for Caymanians and to promote transparency and fairness throughout the recruitment process.”