s.45Business Staffing Plan
45
Section 45Part 5 — Gainful Occupation of Non-Caymanians

Business Staffing Plan

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Every company, firm or other business enterprise which —
has carried on business for six months or more on or after the 1st January, 2004; and
employs fifteen or more persons on work permits,
shall, no later than the 31st March, 2007, submit to the Business Staffing Plan Board, a Business Staffing Plan in accordance with Schedule 3 to the Regulations.
Every company, firm or other business enterprise, other than those referred to in subsection (1), carrying on business within the Islands shall, as of the date they commence employing fifteen or more persons on work permits, submit to the Business Staffing Plan Board, a Business Staffing Plan in accordance with Schedule 3 to the Regulations within six months of such date.
Every company, firm or other business enterprise which has no or fewer than fifteen persons on work permits, may submit to the Business Staffing Plan Board, a Business Staffing Plan in accordance with Schedule 3 to the Regulations.
Where a Business Staffing Plan Certificate is about to expire, its holder shall apply in the prescribed manner and form for the renewal of his Business Staffing Plan and he shall not be regarded as being in breach of subsection (1) or (2) if the application for the renewal of his Plan was submitted before the date of the expiration of the certificate; and, where the certificate expires prior to the renewal of his Plan, he shall be entitled to operate under the terms and conditions of his Plan pending the renewal.
Subject to subsection (6), neither the Work Permit Board, the Cayman Brac and Little Cayman Immigration Board nor the Chief Immigration Officer may entertain an application for a work permit or a temporary work permit, by way of grant or renewal, where the applicant is in breach of subsection (1) or (2); and, where the application is in respect of a worker who was employed on a work permit or a temporary work permit on the date of the application, the worker’s right to be engaged in gainful occupation shall cease upon the expiration of the work permit or temporary work permit, as the case may be, notwithstanding section 56(2), save that upon the applicant filing his Business Staffing Plan, notwithstanding that it has been filed late, the granting or renewing of work permits by the entities referred to in this subsection shall resume for that applicant.
Notwithstanding subsection (5), where an application for a Business Staffing Plan is submitted after any deadline provided for in this section, it shall be accompanied by a fee amounting to double that which would otherwise have been paid if the application had been submitted within time.
The Business Staffing Plan Board or the Chief Immigration Officer may, upon the written application of the holder of a Business Staffing Plan Certificate, vary or amend the Business Staffing Plan to which the certificate relates.
Where a company, firm or other business enterprise has submitted a Business Staffing Plan to the Business Staffing Plan Board as required by subsection (1) or (2) but the Work Permit Board, the Cayman Brac and Little Cayman Immigration Board and the Chief Immigration Officer are of the opinion, having first made enquires of the Business Staffing Plan Board and the applicant for the Business Staffing Plan Certificate, that the applicant has failed or refused to take reasonable steps to pursue and conclude such application, then the Work Permit Board, the Cayman Brac and Little Cayman Immigration Board and the Chief Immigration Officer may, upon giving not less than ninety days notice to the applicant of their intention so to do, cease granting and renewing work permits submitted by the applicant; and where the application is in respect of a worker who was employed on a work permit or a temporary work permit on the date of the application, the worker’s right to be engaged in gainful occupation shall cease upon the expiration of the work permit or temporary work permit, as the case may be, notwithstanding section 56(2).

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