Entertainers’ work-permit requirements in the spotlight

Wanted: One world-famous tenor and orchestra to play benefit concert in the Cayman Islands.

It’s not an advertisement likely to be found in the Cayman Compass classifieds, but according to the letter of the law, entertainers are required to apply for work permits – and that could include Andrea Bocelli’s upcoming gig in Cayman.

Changes to the immigration rules introduced last year, mean even acclaimed performers should technically seek a permit before coming to the island.

HSM Chambers partner Nick Joseph explained that, unless exempted, “any non-Caymanian engaging in gainful occupation in (including from within) the Islands, needs a work permit or suitable alternative permission”.

This would include Bocelli since, as of November last year, Workforce Opportunities and Residency Cayman issued a directive that all visiting musical acts, artists and entertainers would be required to have a temporary work permit to perform in the Cayman Islands.

Previously, entertainers were able to perform through the grant of a visitor’s work visa issued by the Customs and Border Control Service.

WORC, in response to Cayman Compass queries on whether a permit application has been made for Bocelli, said, “due to data protection we are unable to state whether a permit has been granted for the below named person”.

However, it said, “WORC takes breaches of the law seriously and would be ready to investigate should it become necessary”.

As of 16 Jan., more than 34,000 people are on work permits, the highest tally the Cayman Islands has recorded to date.

The famed Italian tenor is slated to play a fundraising concert for the LRN Foundation, founded by Lynda and Ronald Nutt, in Grand Cayman on 25 Feb. at Pedro St James. According to concert flyers, tickets for the event are being sold for up to $2,500 with tickets for $1,500 already selling out.

There has been no response from Lynda Nutt to the Compass’ questions this week regarding the application and grant of a temporary work permit for Bocelli.

Chance for diversification?

Joseph, commenting on the new requirement for entertainers, noted that the policy change should be revisited in this case, given who Bocelli is and the significant benefit to be derived from his performance here.

“It would appear that an artist of the stature of Andrea Bocelli, performing in these Islands, could not be said to be competing with Caymanian interests, nor is he displacing any Caymanian from opportunity. Rather, his very presence would appear to not only positively raise the profile of our Islands internationally, expand cultural horizons, provide the very essence of world-class entertainment to many of our residents, and contribute significant economic opportunity to a wide range of businesses and individuals, including many Caymanians,” Joseph told the Compass.

He pointed out that the success of such an event could help further build Cayman’s potential to become known as a destination for high-profile performers in the arts, “a model that has already been established with our standing as a culinary capital in the region, past musical concerts, our growing film industry, and is readily amenable to be followed and expanded upon in other fields, including, as examples (and as our infrastructure permits), education and sports tourism”.

Cayman, he said, can do this, and “do it well”.

“Each success will build our resilience, and grow and diversify our economy,” he added.

Reflecting on the process to bring the famed tenor here, Joseph said the usual requirements for the permits will be expected.

This means the Bocelli application would require not only fees, but supporting documents including, for example, police clearance certificates, and proof of COVID-19 vaccination which are usually applied for by a licensed employer or resident.

“Self-employed work permits are possible in ‘exceptional circumstances’,” Joseph added.

“The relevant authorities accordingly have a wide discretion, and by the very nature of our Immigration (Transition) Act (tracing its origins and many of its provisions to the original Caymanian Protection Law), would be encouraged and even required to exercise such discretion in a manner consistent with the best interests of these Islands and their people,” he said.

Adjustments for exceptional circumstances

Joseph pointed out that advertising/registration on the JobsCayman portal is not generally expected for temporary work permits.

Although, he said, after 31 March 2023, when the Immigration (Transition) (Temporary Work Permits and Business Visitors’ Permits) (Amendment) Regulations 2022 come into effect, registration on the JobsCayman portal will be required for most temporary work permits of more than 30 days’ duration, unless exempted by the director of WORC.

“Waivers from any requirement to advertise are self-evidently appropriate in most cases where a particular high-profile non-Caymanian artist is seeking to be gainfully employed in the Islands pursuing their recognized craft. Otherwise we find ourselves in a ridiculous situation. What would the advert say were the minimum qualifications to be the lead singer in a Shaggy concert? ‘Must be Shaggy?'” he said.

To their credit, Joseph said, the authorities have “an excellent record” of appropriately dealing with applications in these circumstances, and effectively balancing the interests of the community within Cayman’s “available, adaptable, and expertly conceived” legal framework.

“Our willingness and ability to adjust and trim our sails to gain maximum benefit from each opportunity that presents, is our secret weapon. Whether or not Mr. Bocelli (or any other visiting artist) must have a work permit may accordingly depend on a wide range of factors. The proper course would depend on the nature of any applications or requests made, and the proper weighing of all relevant considerations,” he said.

He explained that those who are pure “volunteers” do not require work permits, as their occupation is not “gainful”.

The onus, however, he said “is on them to prove that to be the case, with the presumption being that all persons found working in the Islands are doing so for gain or reward”.

“No work permit fees are payable with respect to persons working for a non-profit cultural, educational or charitable body. In addition, persons coming to the Islands for less than 10 days can get an exemption from any requirement to have a work permit at the discretion of an immigration officer of the rank of Senior Immigration Officer or above” under Regulation 11 of the Immigration Regulations (2019 Revision).

Regulation 11, he added, also exempts from the work-permit requirement a wide range of people, from musicians to promoters, coming to Cayman for up to six months, “in relation to music recording” – provided they undertake no other activity that would otherwise require a work permit.

“Cabinet also has the power to exempt any person from the requirement to hold a work permit, ‘for any purpose, either unconditionally or subject to such conditions as may be prescribed’ under section 53(1)(b) of the Immigration (Transition) Act (2022 Revision,)” he added.