Ten months since the passage of the Cayman Islands revised Immigration Law in October, not a single application for permanent residence under the new legislation has been heard.
There are two reasons for the delay, according to who is answering the question.
Acting Deputy Governor Eric Bush has said previously, and reaffirmed Wednesday, that the government is waiting for all permanent residence applications filed under the former Immigration Law to be dealt with prior to hearing files under the new law, which has been in effect since Oct. 25, 2013.
Members of the Caymanian Status and Permanent Residency Board said uncertainty over how to score applications under the revised Immigration Law had made it impossible to fully score any prospective permanent resident under the new points system created by regulations to the law. The current system requires an applicant to earn at least 110 points to qualify for permanent residence – the right to live in Cayman for the rest of their lives.
Mr. Bush said government had received input from local businesses regarding how jobs should be scored on the permanent residence points system and the additional points that should be given for positions considered “priority” jobs. That advice would be factored into Cabinet’s eventual decision in defining the priority occupations, he said.
The first section of the permanent residence points system established by the Immigration Law (2013 Revision) awards a potential total of up to 30 points based on the applicant’s job. A person can receive anywhere from zero to 15 points for their job, depending on how much demand there is for that position, based on the current ratio of Caymanians to non-Caymanians in the labor market.
Up to an additional 15 points can be awarded for a “priority job,” meaning a position that is needed for advancement of national economic, cultural or social objectives on a long-term basis.
It is not precisely known how many people are currently awaiting word on their permanent residence applications. However, as of July 1, immigration records show a total of 437 people had been granted what is known as “permission to continue working” by the Immigration Department.
The “permission” status, granted by the chief immigration officer or her designated staff, must be given before a non-Caymanian who has reached their nine-year term limit for residence on the islands. If it is not granted, that person would be required to vacate the territory, even if their application for permanent resident status or appeal of a work permit renewal was still being considered.
Not all 437 people may be applicants for permanent residence. Some could be individuals who are appealing cases where work permits have been denied to the Immigration Appeals Tribunal.
In any case, an overall backlog of both permanent resident applications and Caymanian status grant applications has begun to form under the new legislation, which is now more than 10 months old.
In addition to the permanent residence applications, another 300 or so applicants seeking the right to be Caymanian were awaiting a decision of the board as of mid-June, according to Chief Immigration Officer Linda Evans.
Premier Alden McLaughlin said during a June hearing in the Legislative Assembly’s Finance Committee that the volunteer Caymanian Status and Permanent Residency Board is doing the best it can under difficult circumstances. Mr. McLaughlin also reminded lawmakers that, prior to his Progressive-led government taking office, the situation with immigration-related application backlogs was much worse.
“When we took office [in May 2013], there was something like a backlog of 1,000 [permanent residence applications],” Mr. McLaughlin said. “The board is working through essentially 40 applications a week…and has made huge progress.”
The premier also pointed out that permanent residence and Caymanian status bids require the relevant board or immigration staffer to consider quite a bit more information than a standard work permit application, since officials are essentially deciding whether someone can remain in Cayman for the rest of their lives. “Each application requires careful consideration,” he said.
Related Videos
What the deal with the new white collar enforcement unit that the Premier spoke about? I heard they have hired 6 people for this unit? so what’s happening with it? results!??