s.56Offence to engage in gainful occupation or to employ persons in contravention of this Part
56
Section 56Part 5 — Gainful Occupation of Non-Caymanians

Offence to engage in gainful occupation or to employ persons in contravention of this Part

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56. (1) Subject to subsection (3), a person who, in contravention of this Part, engages in gainful occupation or fails to comply with any condition or limitation contained in a work permit commits an offence and is liable on summary conviction in respect of a first offence to a fine of five thousand dollars and to imprisonment for one year and in respect of a second or subsequent offence to a fine of ten thousand dollars and to imprisonment for two years.
Where an offence is committed under this Law, any Immigration Officer at or above the rank of Deputy Chief Immigration Officer may, subject to such conditions as he thinks fit, stay or compound any proceeding for that offence; and the said conditions may include, but are not limited to, payment of a levy, being not less than twice and not more than five times the amount of any fees that would have been payable had the provisions of this Law been observed; and in the event that no fees are payable or would have been payable under this Law, any immigration officer at or above the rank of Deputy Chief Immigration Officer may impose a fine of up to five thousand dollars. Immigration Law (2015 Revision) Section 56 c Revised as at 2nd day of July, 2015 Page 79
Subject to subsection (3A), where during the currency of a work permit an application has been made to the Board or the Chief Immigration Officer for the grant or renewal of a work permit with the same employer for a period to commence immediately upon its expiration, then if such application —
has not yet been determined by the Board or the Chief Immigration Officer; or
has been refused by the Board or the Chief Immigration Officer and that refusal has been appealed under section 15 to the Immigration Appeals Tribunal, notwithstanding the fact that the original work permit has expired, it shall not be an offence for the worker to continue to be engaged in gainful occupation of the same kind and on the same terms and conditions of the original work permit while he awaits a notification of the determination of his application or his appeal, save that no worker shall be entitled to work under the provisions of this subsection beyond the date of his term limit unless he is a worker applying under the provisions of section 52(10). (3A) Paragraph (b) of subsection (3) shall not apply where the original work permit was a temporary work permit unless the application for the grant of a work permit was made before the commencement of the Immigration (Amendment) (No. 2) Law, 2013.
Where an application has been made to the Board, or the Chief Immigration Officer for a work permit and the application is refused or cancelled, then the employer is liable to pay the following fees in respect of any period worked by the worker between the expiration date of his previous work permit and the date of refusal or cancellation, namely —
where the period is six months or less the amount payable shall be half the annual fee that would have been paid had the work permit been approved;
where the period is more than six months but not more than twelve months the amount payable shall be the annual fee that would have been paid had the work permit been approved; and
where the refusal is appealed, the amount payable shall be the equivalent of half the annual fee for every six month period or part thereof worked by the worker pending the outcome of his appeal commencing upon the expiration of the six month period being worked at the time notice of appeal is filed.
A person who employs another in contravention of this Law or in contravention of any condition or limitation contained in a permit commits an offence and is liable on summary conviction in respect of a first offence to a fine of twenty thousand dollars and to imprisonment for one year and in Section 56 Immigration Law Page 80 Revised as at 2nd day of July, 2015 c respect of a second or subsequent offence to a fine of thirty thousand dollars and to imprisonment for two years.
It is a defence for a person charged with an offence under this section to prove that he had made reasonable enquiries to determine whether he was in contravention of this Part, and had no reasonable ground for believing, and did not in fact believe that he was in such contravention.
For the purposes of subsection (4), a defendant who is charged with an offence under this section shall be deemed not to have made reasonable enquiries and not to have had reasonable grounds for believing that he was not in contravention of this Part unless he —
had inspected the work permit or permission to remain in the Islands, issued to the person concerned;
had checked the work permit or the permission-to-remain stamp in the passport of the person concerned to ensure that the particulars materially corresponded with those set out in the work permit or the permission to remain; and
had checked with —
a named employee of the Immigration Department to determine that the work permit or permission to remain was valid at the material time and that the person concerned was not, and would not be, in breach of this Law; or the employer and that the particulars of the person concerned corresponded with the records of the employer, where the name of the employer of the person concerned was specified in the work permit.
the employer to verify that the person concerned was employed by
For the purposes of this section, a person carrying on or employed in any profession, trade, business or other avocation in or with relation to the Islands shall be deemed to do so for gain or reward until the contrary is proved.
A person who acts in contravention of this section, or is reasonably suspected of having so acted, may be taken into custody without warrant by an immigration officer or constable.
Where an immigration officer is empowered to take a person into custody for an offence against this Law or on reasonable suspicion of having committed such an offence, the officer in charge of the place for the reception of arrested persons to which that person is brought, shall at once enquire into the case and if, on completion of the enquiry, there is no sufficient reason to believe that the person has committed any offence, he shall be released forthwith by an officer of the rank of Assistant Chief Immigration Officer or above. Immigration Law (2015 Revision) Section 56A c Revised as at 2nd day of July, 2015 Page 81
A person who, not being authorised to engage in gainful occupation, is found in the Islands, in any place of work, or on or within the vicinity of any place where work is in the process of being done or is intended to be done and at the time has in his possession or under his control any article for use in the course of or in connection with any gainful occupation, without reasonable excuse, shall be deemed to have such article with him for the purpose of work in connection with some gainful occupation unless the contrary is proved.
In this section — “place of work” includes any construction site, cleared land, woodland, field, private dwelling, commercial building, vessel or vehicle; and “article” means any instrument used in or, reasonably suspected to be intended for use in connection with any gainful occupation, in a manner and in any place referred to in subsection (8). 56A. Administrative fines and levies 56A. (1) The Chief Immigration Officer shall keep and maintain a register of all administrative fines and levies imposed under this Law in consequence of the breach of any of its provisions.
The register shall contain particulars of —
the name and address of the person in breach;
the nature, location and date of the breach;
any measures taken by the Chief Immigration Officer in consequence of the breach; and
the amount of the fine or levy imposed and the date on which it was paid.
The Chief Immigration Officer shall, within fourteen days of the end of each quarter, provide the Cabinet and the Director of Public Prosecutions with the information contained in the register in relation to that quarter.

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