s.44Consideration of application for work permit by Board or Chief Immigration Officer
44
Section 44Part 5 — Gainful Occupation of Non-Caymanians

Consideration of application for work permit by Board or Chief Immigration Officer

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The Work Permit Board, the Business Staffing Plan Board or the Chief Immigration Officer, as the case may be, in considering an application under section 42 —
shall, in respect of an application for a grant; or
may, in respect of an application for a renewal,
subject to any general directions which the Cabinet may, from time to time, give in respect of the consideration of such application, take into account the matters listed in subsections (2) to (4).
In relation to the prospective employer, that —
he has demonstrated his genuine need to engage the services of the prospective worker;
he has, unless he has been exempted by the Cabinet or by the Board, sought, by advertising in at least two issues for two consecutive weeks in a local newspaper, to ascertain the availability of any one or more of the following in the order in which they are listed —
a Caymanian;
the spouse of a Caymanian;
the holder of a Residency and Employment Rights Certificate; and
a person legally and ordinarily resident in the Islands who is qualified and willing to fill the position;
in the case of an application in respect of a professional, managerial or skilled occupation, the Board or the Chief Immigration Officer, as the case may be, is satisfied as to the extent to which he has established adequate training or scholarship programmes for Caymanians; and
in the case of a worker who has a ten year term limit which took effect prior to the commencement of the Immigration (Amendment) (No. 2) Law, 2013 [Law 23 of 2013], the extent to which the employer has contributed to the national training initiative.
In relation to the worker —
his character, reputation and health, and where relevant, the character, reputation and health of his dependants;
his professional and technical qualifications and his experience and competence to undertake the position applied for;
the economic and social benefits which he may bring to the Islands;
the sufficiency of the resources or the proposed salary of the worker and, where his spouse is employed within the Islands, those of his spouse, and his or their ability to adequately maintain his or their dependants;
his facility in the use of the English language; and
the location, type and suitability of the accommodation available for the worker and his dependants, if any, throughout the term of the work permit.
Generally —
the protection of local interests and in particular of Caymanians, including without limitation and where applicable, the provisions set out in section 44(2)(c);
the availability of the services of a suitable person already legally and ordinarily in the Islands; and
the requirements of the community as a whole, the demographics referred to in section 24(j) and such other matters that may arise from the application.
A person who, when making an application under section 42 to the Board or the Chief Immigration Officer, wilfully —
withholds information that a Caymanian, the spouse of a Caymanian or the holder of a Residency and Employment Rights Certificate has applied for the position for which a work permit is sought; or
provides inaccurate or incomplete information with respect to paragraph (a) in an attempt to deceive the Board or the Chief Immigration Officer, either by act or omission,
commits an offence and is liable on summary conviction in respect of the first offence to a fine of twenty thousand dollars and to imprisonment for one year; and in respect of a second or subsequent offence to a fine of thirty thousand dollars and imprisonment for two years.
General directions given under this section shall be published in the Gazette.

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