s.48Grant or refusal of work permit
48
Section 48Part 5 — Gainful Occupation of Non-Caymanians

Grant or refusal of work permit

←→ Navigate  ·  Click subsection badges to collapse  ·  Press ? for help

Subject to section 52, the Board or the Chief Immigration Officer in considering an application under section 42 may —
refuse an application for a work permit; or
grant such an application with or without limitations or conditions.
Subject to section 52, on the grant or renewal of an application under section 42, the work permit applied for shall be issued in the prescribed form for such period of up to three years generally, as the Board or the Chief Immigration Officer may determine, save that the Board or the Chief Immigration Officer, may grant a work permit for a period of up to —
five years to domestic helpers, teachers, doctors, nurses and ministers of religion;
five years to workers for positions authorised by the Board in a Business Staffing Plan Certificate;
five years to a director, officer or employee of a special economic zone developer or special economic zone enterprise operating in a special economic zone for which a career development bureau has been established; and
any period remaining in his term limit 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],
and the work permit shall be endorsed with particulars of the conditions and limitations, if any, imposed by the Board or the Chief Immigration Officer on the grant or renewal.
Upon granting an application under section 42 with respect to a worker of eighteen years of age or older, the Board or the Chief Immigration Officer shall cause to be taken and retained electronically, the worker’s fingerprints.
Neither the Board nor the Chief Immigration Officer shall, except in exceptional circumstances, grant a work permit to a person wishing to enter self-employment.
The granting under this section of a self-employed work permit shall confer on the applicant therefor the right to be granted, on the payment of the prescribed fee under the Trade and Business Licensing Law (2007 Revision), any licence required under that Law for the carrying on of the gainful occupation authorised by the work permit, but such grant shall not of itself confer any right to a licence under the Local Companies (Control) Law (2007 Revision).
The work permit shall contain the names of any dependants of the employee in respect of whom permission to reside with him during the currency of the work permit has been granted by the Board or the Chief Immigration Officer.
The Board or the Chief Immigration Officer may vary or modify the terms of a work permit upon application made by the employer or the worker and, in considering such application, shall take into account the applicable provisions of section 44 (2) to (4).
Where a work permit is granted in respect of the gainful occupation of a person, the earlier gainful occupation of whom had been authorised by a previous work permit, such grant shall not give rise to any right to, or any expectation of a right to, any further new work permit thereafter, and the Board or the Chief Immigration Officer may, in any case, refuse an application for such further new work permit without any right arising to the applicant concerned to appeal against such refusal either to the Immigration Appeals Tribunal or the Grand Court on the grounds that the previous grant gave rise to any right or expectation of any right to a further work permit.
Where a person has been continuously authorised by a gainful occupation licence or a temporary gainful occupation licence granted under any earlier law, or a work permit, to be gainfully employed and by virtue of such authorisations he or any other person has been lawfully legally and ordinarily resident in the Islands for any period which is one of the qualifications for application for a grant of the right to be Caymanian or the right permanently to reside in the Islands, such residence shall not of itself give rise to any right or expectation of a right to such a grant.
An application for the grant or renewal of a work permit may be refused and a work permit may be revoked by the Board or the Chief Immigration Officer on any of the following grounds —
that there is refusal or inability on the part of the applicant and his spouse, if relevant, to properly support his dependants;
that there are reasonable grounds for suspecting that the applicant uses or is involved in illegal drugs;
that the applicant has a background of subversive political activity, racism or any illegal activity;
that the applicant has committed an act of insolvency or bankruptcy or been as a shareholder or director of any company or other entity that has been the subject of liquidation especially where the creditors have been adversely affected;
that the applicant has been convicted of an offence in the Islands or elsewhere or has been fined by an immigration officer of the rank of Assistant Chief Immigration Officer or above;
that the work permit holder has been promoted or re-designated by his employer without the prior approval of the Board or the Chief Immigration Officer;
that the applicant is in the Islands as a tourist visitor or as the holder of a visitor’s work visa;
that the Board or the Chief Immigration Officer considers that the applicant has not fully met any of the applicable requirements of section 44;
for any of the applicable matters referred to in section 44(2) to (4) that the Board or the Chief Immigration Officer in its discretion considers appropriate;
that, in respect of an application for a temporary work permit, the Chief Immigration Officer is of the opinion that the number or frequency of temporary work permits previously obtained or continuing to be sought in respect of a worker suggests more than temporary employment and constitutes a deliberate attempt to circumvent the operations of the provisions of section 52(1) and (14); or
that the applicant failed to give the written undertaking referred to in section 42(4)(b).
Prior to the revocation of, or refusal to renew, a work permit —
all objections shall be considered;
the applicant shall be given notice of all objections and allegations relating to him and he shall be afforded an opportunity to make written representation to the Board in respect thereof or, at the discretion of the Board, to appear before the Board to address such objections and allegations;
an inquiry shall be made into the applicant; and
all allegations that are taken into account in considering the application shall so far as reasonably practicable be corroborated and a full investigation of such allegations shall so far as reasonably practicable, be carried out.

Cross References

Referenced By