s.49Key employees
49
Section 49Part 5 — Gainful Occupation of Non-Caymanians

Key employees

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Any application for key employee designation received prior to the commencement of the Immigration (Amendment) (No. 2) Law, 2013 [Law 23 of 2013], shall be determined in accordance with this section.
Where applicable, the worker nominated by his employer under this section to be a key employee may, upon the expiration of his final work permit issued under section 52(1), continue to work on the terms and conditions of his final work permit unless and until such time as the Board denies his employer’s application to designate the worker as a key employee under subsection (4).
Repealed by section 32 of [Law 23 of 2013]
Before the Board or the Chief Immigration Officer can designate a worker as a key employee, the employer shall, at the time of such application, provide such particulars as to satisfy the Board or the Chief Immigration Officer that the worker fulfils one or more of the following requirements and if so satisfied the Board or the Chief Immigration Officer may designate the worker as a key employee after taking into account such particulars, if any, under section 44(3) or (4) as relate to the application —
he is recognised as having particular expertise in his field of practice, trade or employment and the Board or the Chief Immigration Officer recognises that there is difficulty in attracting such persons to the Islands or retaining such persons within the Islands;
he is or will be directly involved in training Caymanians or developing their skills in the field in which he is employed or practises and his expertise in this regard is important to the effective continuation of such training or development;
he is a professional employee whose expertise and skills are in short supply globally and are not available in adequate measure in the Islands and it is of economic and social benefit to the business or the Islands to attract such skills to the Islands;
his absence from the Islands will cause serious hardship to his employer, to Caymanians, or be detrimental to the Islands;
his business contacts are, or will be, of importance to the continued success of the business or its contribution to the Islands;
there exist other economic or social benefits to the Islands by virtue of securing or retaining his specialist skills or expertise; or
the circumstances of his particular case are considered by the Board or the Chief Immigration Officer to be exceptional and to justify a special reason to employ him or to allow him to be designated as a key employee.
Where a worker is designated as a key employee by the Board or the Chief Immigration Officer pursuant to subsection (4), upon application by his employer for renewal of his work permit, a presumption shall exist in favour of renewals until that worker has reached his term limit save that such a presumption may be rebutted —
by any findings under section 44(4)(a), or section 48(9) and (10); or
where the key employee is in breach of any obligation placed upon him by his employer for the purposes of being designated as a key employee or he no longer meets the criteria upon which he was so designated as a key employee.
Repealed by section 32 of [Law 23 of 2013]
Notwithstanding section 15, any decision of the Board or the Chief Immigration Officer under subsection (4) to deny the designation of an employee as a key employee shall be final and binding and no appeal shall lie from a decision of the Board or the Chief Immigration Officer.
Repealed by section 32 of [Law 23 of 2013]

Cross References

Referenced By