Leading immigration lawyer Nick Joseph, of Reside Cayman, has welcomed plans to introduce term limits for expat civil servants, but says they don’t go far enough.
The government last week announced that, from 1 Jan. next year, it would be make non-Caymanian civil service employees subject to similar immigration rules as those that apply to work permit holders.
Noting the long-time disparity between the immigration rules for expats in the private sector and those employed by government, Joseph told the Compass, “I do think that basic fairness demands that we implement and maintain rules that are appropriate and proportionate and can be applied fairly and consistently to everyone.”
Describing the existing system as “rules for thee, but not for me,” Joseph said any imposition of such rules should “only have only limited occurrence in a modern democracy”.
Joseph said he was “uncomfortable” with term limits for existing civil servants starting from 1 Jan. 2026.
“Assuming term limits are to remain at nine years, providing 9.5 years’ notice to persons who have already been here for several years or decades seems to undermine the full potential of the proposed changes to make a meaningful difference,” he said.
“It next to guarantees a Cayman passport and lifelong right to reside to any Cayman-born child of a civil servant who is today 6 months old or older – and, accordingly, the authorities may wish to reconsider the position.”
Joseph noted that, under the British Nationality Act, any child born in Cayman to an expat resident is entitled to a British Overseas Territories Citizenship Cayman Islands passport once the child reaches the age of 10 if he or she has remained here since birth. Once that has been attained, under Cayman’s Immigration (Transition) Act, that child then has the right to reside permanently in Cayman.
‘Chipping away’
He also pointed out that any expat civil servant who has resided in Cayman for eight years already has the right to apply for permanent residency under the points system, and queried why those who have lived in Cayman for many years have not done so.
He said he was hopeful that there will be continued “chipping away” of any inappropriate disparities of treatment and legal protections between the public and private sectors.
Alastair David, a partner with HSM law firm, in a statement noted that civil servants have always been excluded from term limits. “As such, these changes will require legislative change and as a result one can expect, in the near future, a number of Bills being put before Parliament seeking to enact the changes the Government wish,” he said.
He said it appeared that these changes, such as the extension of the rollover period from one year to two years, “will be mirrored in the private sector”.
David recommended that anyone concerned about their status in Cayman should obtain legal advice about the potential ramifications of the changes the government is introducing.
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While I commend the effort by the government to make strides, sadly, I can’t recommend any expat to come take a private sector job in Grand Cayman under these rules. It’s too life wrecking for anyone to seriously consider a professional job in Grand Cayman once these rules are put in place.
This very well may potentially shift finance to different hubs internationally and law too.
If the government is employing 30% of jobs to expats, the main question is – why are these not filled by locals? If they can’t fill those jobs then when top tier private employee talent doesn’t come to island, there will be a huge gap in the private sector.
Any first world individual will think twice before taking a job in Cayman so this also may be the beginning on doubling down on cheap immigration labor countries and then saying goodbye, once their time is up. Only for them to not come back on purpose.
I guess they don’t come, then.
I agree with Nick that the term should be less for those expat civil servants already here.
We do not owe expats the right to become PRs or status holders. We’ve been giving away our own people’s futures for years. It’s too bad this didn’t come sooner
What does giving away peoples futures even mean? Caymanians study abroad in the U.K., Canada or U.S. generally. They often don’t do higher education at home.
The companies are mainly foreign companies and not started by Caymanians.
How is it giving away people’s futures when they are so reliant on the rest of the world but want to take, and give nothing in return. Globalization has made Cayman first tier vs some Carribean neighbors who have a tougher time. Diversity and inclusion lifts all.