{"kind":"expression","expression":{"expr_id":"1267","doc_id":"1267","label":"2015 Revision","is_as_enacted":"f","commenced_on":"2015-07-17","superseded_on":"2019-02-01","valid_from":"2015-07-17","valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/act\/2003\/34\/eng@2015-07-17","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/2003\/34\", \"expression\": \"\/akn\/ky\/act\/2003\/34\/eng@2015-07-17\", \"manifestation\": \"\/akn\/ky\/act\/2003\/34\/eng@2015-07-17.pdf\"}, \"pdf\": {\"md5\": \"66a022d0e0640821860749dea7fe598a\", \"path\": \"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2003\/2003-0034\/2003-0034_2015 Revision.pdf\", \"pages\": 113, \"filename\": \"2003-0034_2015 Revision.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 44504, \"paragraph_count\": 120, \"text_char_count\": 270270}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"Immigration Law 85. 86. PART VIII - Deportation 87. 88. 89. Power of Governor to make, revoke, vary or modify a deportation order and duty to report 90. 91. 92. 93. 94. 95. 96. 97. PART IX - General 98. 99. SCHEDULE IMMIGRATION LAW CERTIFICATE OF THE RIGHT TO BE CAYMANIAN Immigration Law (2015 Revision) IMMIGRATION LAW (2015 Revision) ENACTED by the Legislature of the Cayman Islands. PART 1 - Preliminary\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title 1. This Law may be cited as the Immigration Law (2015 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Definitions 2. In this Law \u2014 \u201cadopted\u201d means adopted in such manner as is recognised by the law of the domicile of the person adopted at the time of the adoption; \u201cAppellate Tribunal\u201d means the Work Permit Board or the Immigration Appeals Tribunal, as the case may be, acting in an appellate capacity; \u201cappointed date\u201d means the date of commencement of the Immigration (Amendment) (No. 2) Law, 2013 [Law 23 of 2013]; \u201cappropriate authority\u201d means a body or other entity charged with the responsibility for regulating the particular profession; \u201carms\u201d means firearms as defined in the Firearms Law (2008 Revision), and includes batons and handcuffs; \u201cBoard\u201d means one of the three Boards established under section 4 and includes, for the purposes of sections 44(4)(b), 49, 52 and 56, the Cayman Brac and Little Cayman Immigration Board; Immigration Law \u201cBusiness Staffing Plan\u201d means the Plan referred to in section 45; \u201cBusiness Staffing Plan Board\u201d means the Business Staffing Plan Board established under section 4(4); \u201cBusiness Staffing Plan Certificate\u201d means the certificate that is issued by the Business Staffing Plan Board to the holder of an approved Business Staffing Plan; \u201cbusiness visitor\u201d means a person who has been issued with a business visitor\u2019s permit granted under section 54; \u201cby entitlement\u201d in relation to the right to be Caymanian under section 20(1)(d) means entitlement by a person by virtue only of his being, in the determination of the Chief Immigration Officer; (a) the child of a Caymanian; (b) under the age of eighteen years; and (c) legally and ordinarily resident in the Islands for a period of not less than one year \u201ccareer development bureau\u201d means a bureau established by a special economic zone developer and approved by the Special Economic Zone Authority to review and aid the training, employment and advancement of Caymanians in a special economic zone; \u201cCayman Brac and Little Cayman Immigration Board\u201d means the Immigration Board appointed under section 5; \u201cCaymanian\u201d means a person who possesses Caymanian status under the repealed Immigration Law (2003 Revision) or any earlier law providing for the same or similar rights, and includes a person who acquired that status under Part III; \u201cCaymanian Status and Permanent Residency Board\u201d means the Caymanian Status and Permanent Residency Board established under section 4(3); \u201cChairman\u201d means the Chairman of the pertinent Board; \u201cchild\u201d means the biological or adopted child, whether or not born in wedlock; \u201cconvicted and deportable\u201d, in relation to a person, means a person in respect of whom any court \u2014 (a) certifies to the Governor that he has been convicted by that court, or by an inferior court from which his case has been brought by way of appeal, of any offence punishable with imprisonment otherwise than only in default of payment of a fine; and (b) recommends that a deportation order should be made in his case, either in addition to or in lieu of sentence; Immigration Law (2015 Revision) \u201ccourt\u201d means a court in any jurisdiction but where a foreign court hands down a conviction, the offence in relation to that conviction shall be one which is recognised as such in the Islands; \u201ccrew\u201d means persons employed in the working or service of a vessel; \u201ccut-off date\u201d means a date falling two years after the appointed date; \u201cdependant\u201d, in relation to a person, other than a person referred to in section 67 means the spouse of that person, or one of the following relations of that person, namely a child, step-child, adopted child, grandchild, parent, stepparent, grandparent, brother, sister, half-brother, half-sister, being, in each case, wholly or substantially dependent upon that person; \u201cdeportation order\u201d means an order made or in force under Part VIII requiring the person in respect of whom it is made to leave and remain out of the Islands; \u201cdestitute person\u201d means a person who is, or is likely to be, a charge on public funds by reason of mental or bodily ill-health or insufficiency of means to support himself and his dependants, if any; \u201cDirector of Boards and Work Permits\u201d means the Director of Boards and Work Permits holding office under section 7(1); \u201cdisembark\u201d includes alight from; \u201celderly person\u201d means a person over the age of sixty-five years; \u201celectoral district\u201d bears the meaning ascribed to that expression in section 2 of the Elections Law (2013 Revision); \u201cemployee\u201d means a person who engages in gainful occupation in the service of himself or an employer; \u201cemployer\u201d means a person who for reward engages the services of another and includes a prospective employer; \u201cemployment generating business\u201d means business in which at least thirty per cent of the total number of employees are Caymanians unless overriding circumstances dictate a lower percentage; \u201cfinal work permit\u201d, other than in section 52(10), means a work permit which at the time of its grant or renewal is stated to be the final work permit for a worker in accordance with his term limit or, where not so expressly stated, is the last work permit that can be granted or renewed in respect of a worker as a consequence thereof; \u201cfixed term work permit\u201d means the special work permit that the Chief Immigration Officer may grant under section 52; \u201cfull-time\u201d, in relation to a student, means attendance at a single educational institution for a minimum of ten hours per week of organised daytime study; Immigration Law \u201cgainful occupation\u201d means the carrying on of or employment in any profession, trade, business or other vocation in or in relation to the Islands and, for the purposes of Part V, a person so engaged is deemed to be working for gain or reward unless the contrary is proved; \u201cHealth Officer\u201d means a registered medical practitioner appointed by the Cabinet to be a Health Officer for the purposes of this Law; \u201chealth practitioner\u201d bears the meaning ascribed to that expression in the Health Practice Law (2013 Revision); \u201cimmigration advice\u201d means advice which \u2014 (a) relates to a particular individual; (b) is given in connection with one or more relevant matters; (c) is given by a person who knows that he is giving it in relation to a particular individual and in connection with one or more relevant matters; and (d) is not given in connection with representing an individual before a court in legal proceedings or matters ancillary to such proceedings; \u201cImmigration Appeals Tribunal\u201d means the Immigration Appeals Tribunal established under section 11; \u201cimmigration function\u201d means a function of an immigration officer under this Law; \u201cimmigration officer\u201d means the Chief Immigration Officer or any other immigration officer holding office under section 3(1); \u201cimmigration services\u201d means the making of representations on behalf of a particular individual \u2014 (a) in civil proceedings before a court, tribunal or adjudicator in the Islands; or (b) in correspondence with a Government department in connection with one or more relevant matters; \u201cimmigration stamp\u201d means a device which is designed for the purpose of stamping documents in the exercise of an immigration function; \u201ckeeper\u201d, where used in relation to premises where accommodation is provided for reward, includes a person who, for reward, is licensed under the Tourism Law (1995 Revision) to provide accommodation to another to lodge in the premises whether on his own behalf or as a manager or otherwise on behalf of any other person; \u201ckey employee\u201d means a person who has been identified by his employer and designated by the Work Permit Board or the Business Staffing Plan Board as such for having satisfied any criterion contained in section 49(4); Immigration Law (2015 Revision) \u201cland\u201d means to go to, to be, to remain or to reside in any place in the Islands other than \u2014 (a) on board a vessel; or (b) in a place under the control of an immigration officer in his official capacity; \u201clegal and ordinary residence\u201d means a person\u2019s uninterrupted voluntary physical presence in the Islands for a period of time without legal impediment (other than a tourist visitor or transit passenger) during which period the Islands are regarded as his normal place of abode for the time being, save that \u2014 (a) absences abroad of six consecutive months\u2019 duration or less for, inter alia, purposes of education, health, vacation or business during such period shall count as residence in the Islands; (b) absences abroad of more than six consecutive months but less than one year shall raise the presumption that there has been a break in residence; and (c) absences abroad for twelve consecutive months or more shall constitute a break in residence; \u201clevy\u201d means the annual work permit fee applicable to a worker \u2014 (a) at the date when he first engaged in gainful occupation without a valid work permit; or (b) at the date of the first failure to comply with the conditions and limitations of his work permit, as the case may be; and a certificate issued by the Chief Immigration Officer shall be prima facie evidence of such fee; \u201clocal agent\u201d, in relation to a vessel, means \u2014 (a) the owner of the vessel, if the owner is in the Islands; (b) any corporate body owning or operating, whether under charter or otherwise, the vessel for the time being, where such corporate body maintains an office in the Islands; or (c) the agent in the Islands for the person or corporate body for the time being owning or operating the vessel; \u201cmarriage of convenience\u201d means a marriage entered into with the primary intention of avoiding, or benefiting from, any of the provisions of this Law; \u201cMarriage Officer\u201d means a Marriage Officer under the Marriage Law (2010 Revision); \u201cmaster of a vessel\u201d includes the pilot of an aircraft or hovercraft; \u201coffence\u201d for the purposes of a grant of a work permit, the revocation of a work permit or the refusal to renew a work permit by the Board under Parts Immigration Law III, (other than sections 22 and 28), IV or V means a contravention against this or any other Law of the Islands in respect of which \u2014 (a) a term of imprisonment in excess of six months could be imposed otherwise than in default of payment of a fine; or (b) lesser terms of imprisonment totalling in excess of six months in the aggregate as a result of multiple convictions could be imposed, and (c) no appeal is pending and the time for lodging an appeal has expired; \u201cpassenger\u201d means a person, other than a member of the crew, travelling on board a vessel; \u201cpassport\u201d means a current valid passport furnished with a photograph and duly issued in favour of the person named therein; \u201cpermanent resident\u201d means a person who has been granted permission \u2014 (a) under Part IV; or (b) by virtue of any earlier law, to remain permanently in the Islands and whose permission to so remain is still current and has not been revoked or lost in any way; \u201cperson with a disability\u201d means a person who suffers from a permanent physical or mental disability which has been documented by a doctor and who as a result of this disability is dependent on the care of a specialist caregiver; \u201cpoints system\u201d means the guidelines set out in Schedule 2 to the Regulations whereby the Caymanian Status and Permanent Residency Board or the Chief Immigration Officer shall evaluate the merits of an application for permanent residence by awarding to, or discounting from the applicant, credits based on his personal and occupational attributes as well as his potential value to the community; \u201cprescribed\u201d in relation to any matter, means prescribed by this Law or by regulations made under this Law; \u201cprofessional employee\u201d means a person qualified as a lawyer, accountant, medical professional, architect, surveyor, teacher, minister of religion or qualified in any other occupation that may be prescribed; \u201cprohibited immigrant\u201d, has the meaning ascribed to it in section 82; \u201crecreational sports fishing vessel\u201d means a sports fishing boat based in the Cayman Islands and registered in accordance with prescribed procedure; \u201crefugee\u201d bears the meaning ascribed to that expression in the Refugee Convention; \u201cRefugee Convention\u201d means the Convention relating to the Status of Refugees done at Geneva on the 28th July, 1951 and the Protocol to the Convention; Immigration Law (2015 Revision) \u201cregulation\u201d means any rule, order, proclamation, direction, notification or other subsidiary legislation made under this Law; \u201crelevant matters\u201d means any of the following \u2014 (a) a claim for asylum; (b) an application for a work permit, visa or an extension of permission to enter or remain in the Islands; (c) unlawful entry into the Islands; (d) an application for the right to be Caymanian; (e) an application to reside permanently in the Islands; (f) an application for a Residency and Employment Rights Certificate; (g) an application for a Residency Certificate for Persons of Independent Means; (h) removal or deportation from the Islands; (i) an application for bail for an immigration offence; or (j) an appeal against, or an application for judicial review in relation to any decision taken in connection with a matter referred to in paragraphs (a) to (i); \u201creplica immigration stamp\u201d means a device which is designed for the purpose of stamping a document so that it appears to have been stamped in the exercise of an immigration function; \u201crestricted area of employment\u201d means any profession, trade, business, occupation, vocation or type of employment, designated by the Cabinet under section 46A; \u201cseasonal worker\u201d means a person who has been or may be granted a temporary work permit by the Chief Immigration Officer under section 53 for employment in the tourism, hospitality or water sports industry during the peak tourism season for a continuous period not exceeding eight months in any period of twelve months; \u201cSecretary\u201d means the Secretary of the pertinent Board; \u201csettled\u201d, in relation to a person residing in the Islands, means a person who \u2014 (a) is legally and ordinarily resident in the Islands; (b) is not subject to any immigration restriction or control on the duration of his stay in the Islands; and (c) has not voluntarily emigrated with the intention of making his home elsewhere; Immigration Law \u201csick person\u201d means a person who suffers from an illness which has been certified by a doctor as not being short-term in nature and as a result of which the person is dependent on the care of a specialist caregiver; \u201cspecial circumstances\u201d, in relation to a change of employer or occupation, includes a situation where \u2014 (a) the position has become redundant; (b) the worker is being victimised by the employer or by other employees of that employer; (c) the employer has changed due to corporate action such as merger or amalgamation; or (d) the worker has been given written consent by his present employer; \u201cspecial economic zone\u201d has the meaning assigned to that expression under section 2 of the Special Economic Zone Law, 2011 [Law 22 of 2011]; \u201cSpecial Economic Zone Authority\u201d means the authority established as such under section 3 of the Special Economic Zone Law, 2011; \u201cspecial economic zone developer\u201d means a person declared to be a developer pursuant to section 12 of the Special Economic Zone Law, 2011; \u201cspecial economic zone enterprise\u201d has the meaning assigned to that expression under section 2 of the Special Economic Zone Law, 2011; \u201cspecialist caregiver\u201d means a person who, in the capacity of domestic helper, nurse, nanny or in some other care-giving capacity, cares for an elderly person, a person with a disability or a sick person; \u201csponsor\u201d, in relation to a tourist visitor, means a person who accepts responsibility for the tourist visitor\u2019s care, upkeep and departure from the islands; \u201cstep-child\u201d means a child of one of the parties to a marriage; \u201cstop list\u201d has the meaning ascribed to it in section 81; \u201cstudent\u201d means a non-Caymanian who is neither the spouse of a Caymanian, a permanent resident of the Islands nor the holder of a Residency and Employment Rights Certificate and who \u2014 (a) is eighteen years of age or older; (b) is seeking to enter the Cayman Islands for the purpose of attending a recognised educational institution on a full-time basis; (c) intends to leave the Islands at the end of his studies; and (d) is not named as a dependant for the purposes of this Law; \u201csubstantial management control\u201d means control exercisable by the applicant by virtue of his being a director on the Board of Directors of each business entity in which he has invested or will be investing; Immigration Law (2015 Revision) \u201cterm limit\u201d means the maximum period of time in respect of which work permits may be granted or renewed for a worker as prescribed in section 52(1); \u201cTerm Limit Exemption Permit\u201d means a Permit granted under section 52A; \u201ctourist visitor\u201d means a person arriving in the Islands for a visit of not more than six months\u2019 duration otherwise than for a professional, financial trade or business purpose or for the purpose of seeking or engaging in employment; \u201ctransit passenger\u201d means a passenger who has arrived in the Islands for a period of not more than twenty-four hours, is in possession of the required travel documents and is on his way to a destination other than the country from which he arrived; \u201cundesirable person\u201d means a person who in the opinion of the Governor is, or has been, so conducting himself, whether within or outside the Islands, that his presence in the Islands is or is likely to be prejudicial to the maintenance of peace, order and good government or public morals in the Islands; \u201cvessel\u201d includes aircraft or hovercraft; \u201cworker\u201d means a person in respect of whom a work permit or a Term Limit Exemption Permit has been or may be granted or renewed, respectively, under Part V; \u201cwork permit\u201d means a work permit granted under section 48, and, subject to section 56, includes a temporary work permit or a temporary work permit for seasonal workers granted under section 53; and \u201cWork Permit Board\u201d means the Work Permit Board established under section 4(2). PART II - Administration\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Appointment of immigration officers 3. (1) There shall be a Chief Immigration Officer and such other immigration officers as are necessary for the purposes of carrying out this Law, who shall be public officers. (2) Subject to subsection (3), immigration officers shall have all the rights, powers, privileges and immunities of a constable when discharging their duties under this Law and may, for that purpose, board and search any vessel. (3) Specifically, the following senior immigration officers shall enjoy the same rights, powers, privileges and immunities when discharging their duties under this Law as their counterparts in Her Majesty\u2019s Police Force as shown in the Table \u2014 Immigration Officer Police Officer Immigration Law Assistant Chief Immigration Officer Inspector Deputy Chief Immigration Officer Chief Superintendent\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Immigration Boards 4. (1) There are established three Immigration Boards \u2014 (a) the Work Permit Board; (b) the Caymanian Status and Permanent Residency Board; and (c) the Business Staffing Plan Board. (2) The Work Permit Board shall consist of the following persons appointed by and holding office at the pleasure of the Cabinet save for those persons referred to in paragraphs (e) to (i) who shall be public officers and shall hold office by virtue of their public service appointment \u2014 (a) a Chairman; (b) a deputy Chairman; (c) for each electoral district, one member selected from among persons legally and ordinarily resident in that district; (d) not more than three other persons legally and ordinarily resident in the Islands; (e) the Chief Immigration Officer or his designate; (f) the Director of Boards and Work Permits or his designate; (g) the Director of Employment Relations or his deputy or other designate; (h) a Secretary; and (i) an assistant Secretary. (3) The Caymanian Status and Permanent Residency Board shall consist of the following persons appointed by and holding office at the pleasure of the Cabinet save for those persons referred to in paragraphs (e) to (h) who shall be public officers and shall hold office by virtue of their public service appointment \u2014 (a) a Chairman; (b) a deputy Chairman; (c) for each electoral district, one member selected from among persons legally and ordinarily resident in the district; (d) not more than three other persons legally and ordinarily resident in the Islands; (e) the Chief Immigration Officer or his designate; Immigration Law (2015 Revision) (f) the Director of Boards and Work Permits or his designate; (g) a Secretary; and (h) an assistant Secretary. (4) The Business Staffing Plan Board shall consist of the following persons appointed by and holding office at the pleasure of the Cabinet save for those persons referred to in paragraphs (e) to (j) who shall be public officers and shall hold office by virtue of their public service appointment \u2014 (a) a Chairman; (b) a deputy Chairman; (c) six representatives from the business community appointed so as to ensure a broad representation of the various industries in the Islands; (d) not more than three other persons legally and ordinarily resident in the Islands; (e) the Director of Employment Relations or his deputy or other designate; (f) the Chief Education Officer or his designate; (g) the Chief Immigration Officer or his designate; (h) the Director of Boards and Work Permits or his designate; (i) a Secretary; and (j) an assistant Secretary. (5) Subject to this Law, the members of the Boards referred to in sub-section (2)(e) to (i), subsection (3)(e) to (h) and subsection (4)(e) to (j) shall have such powers, privileges and responsibilities as the other members of the Board but shall not have the right to vote at Board meetings.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Cayman Brac and Little Cayman Immigration Board 5. (1) There is established a Board called the Cayman Brac and Little Cayman Immigration Board which shall consist of \u2014 (a) a Chairman; (b) a deputy Chairman; and (c) three other members appointed by the Cabinet. (2) The members of the Cayman Brac and Little Cayman Immigration Board shall be appointed by and hold office at the pleasure of the Cabinet. (3) The Cabinet may appoint committees of members of the Cayman Brac and Little Cayman Immigration Board and may delegate to any such committee such function of that Board as it considers necessary. (4) The Cabinet may appoint a Secretary to a committee appointed under subsection (3), and such Secretary shall have no right to vote. Immigration Law (5) A delegation under subsection (3) \u2014 (a) shall be in writing; (b) may be made subject to such limitations and conditions as are specified in the instrument of delegation; (c) may be determined at any time; and (d) does not affect the exercise of the delegated function of the Cayman Brac and Little Cayman Immigration Board. (6) The Cayman Brac and Little Cayman Immigration Board shall have the following functions and powers \u2014 (a) the processing and determination of applications for the grant or renewal of work permits, other than for an employer with a Business Staffing Plan Certificate, applied for by persons who are seeking gainful occupation in Cayman Brac or Little Cayman; (b) the determination of any ancillary matter connected with the grant of permits under paragraph (a); and (c) such other functions and powers within the scope of this Law as the Cabinet may, from time to time, assign to it by regulation. (7) Subject to subsection (8), sections 8, 9, 10, 14, 15, 16 and 18 with all necessary amendments shall be construed as applying also to the Cayman Brac and Little Cayman Immigration Board. (8) Three members of the Cayman Brac and Little Cayman Immigration Board present at any meeting shall form a quorum.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Appointment and functions of committees 6. (1) The Chairman of a Board may appoint committees comprising no fewer than three members of his Board including himself or his deputy, and may delegate to such committees any of the functions of his Board, save that \u2014 (a) he shall, as soon as practicable, notify the Cabinet of the appointment of any such committee; and (b) either he or his deputy shall be the Chairman of each committee so appointed. (2) Notwithstanding subsection (1), no committee shall be empowered to \u2014 (a) grant the right to be Caymanian; (b) grant permanent residence; (c) grant Residency and Employment Rights Certificates; (d) issue Business Staffing Plans Certificates; (e) adjudicate appeals from the decisions of immigration officers; or (f) designate a worker as a key employee. Immigration Law (2015 Revision) (3) The Secretary or Assistant Secretary of the Board shall be the Secretary of each committee so appointed.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Appointment of Immigration Boards, Director of Boards and Work Permits and functions of Boards 7. (1) There shall be a Director of Boards and Work Permits who shall be a public officer and to whom each Secretary shall report. (2) The duties of the Director of Boards and Work Permits shall include \u2014 (a) the planning and co-ordination of the activities of \u2014 (i) the Boards; and (ii) the Work Permit and Permanent Residence Administration section; (b) development and implementation of strategies and systems to promote efficiency in the processing of applications by the Boards and by the Work Permit and Permanent Residence Administration section; (c) meetings with the public, at his sole discretion, in relation to immigration matters; and (d) attending to administrative matters assigned to him by the Chief Immigration Officer. (3) The Boards shall have the following functions and powers \u2014 (a) the Work Permit Board shall have responsibility for \u2014 (i) processing, determining and granting of applications for the grant or renewal of work permits other than for an employer with a Business Staffing Plan Certificate; and (ii) the adjudication of appeals from the decisions of immigration officers. (b) the Caymanian Status and Permanent Residency Board shall have responsibility for the processing, determining and granting of applications for the right \u2014 (i) to be Caymanian; (ii) to reside permanently in the Islands; and (iii) of a spouse of a Caymanian to possess a Residency and Employment Rights Certificate; and (c) the Business Staffing Plan Board shall have responsibility in Grand Cayman, Little Cayman and Cayman Brac for \u2014 (i) processing and determining Business Staffing Plans; (ii) issuing Business Staffing Plan Certificates; and Immigration Law (iii) processing, determining and granting applications for the grant or renewal of work permits applied for by any employer who possesses a Business Staffing Plan Certificate. (4) In addition to the functions referred to in subsection (3), the Boards shall \u2014 (a) determine any ancillary matter connected to subsection (3); (b) exercise such other functions and powers within the scope of this Law as the Governor may, from time to time, assign to it by regulation; and (c) exercise such other powers and functions as may be assigned to it under this or any other law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Meetings of Boards 8. (1) Each Board shall meet at least once in every calendar month and upon such other occasions as, in the opinion of its Chairman, may be necessary or desirable in the public interest. (2) Any member of a Board who, without obtaining the prior written permission of the Chairman, is absent from more than two out of five consecutive meetings of that Board shall cease to be a member of that Board. (3) In the absence of the Chairman and the deputy Chairman at any meeting, the members present may elect one of their number to preside as Chairman at that meeting. (4) At every meeting of a Board \u2014 (a) it shall reach its decisions by a majority of the votes of members present and voting; (b) the Chairman or presiding member shall have no original but only a casting vote; and (c) five voting members present shall form a quorum. (5) Where a member of a Board has a personal or pecuniary interest, direct or indirect, in any matter which is to be determined by that Board, he shall, if present at the meeting of that Board at which such matter is to be determined, as soon as practicable after the commencement thereof, disclose the fact and leave the meeting. (6) The Secretary of each Board shall record and keep all minutes of the meetings, proceedings and decisions of that Board. (7) Subject to subsections (1) to (6), each Board shall have power to regulate its own procedure. Immigration Law (2015 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Duty of confidentiality 9. (1) The fact and any particulars of, or relating to, any matter falling for consideration by, or the decision of, a Board shall be treated as confidential by each member of that Board and he shall not disclose any such fact or particular otherwise than in the proper performance of his duties under this Law or in compliance with the order of a court of competent jurisdiction. (2) The failure of any member to comply with subsection (1) \u2014 (a) is an offence; and (b) constitutes a sufficient ground for the termination of his appointment. (3) Any allegation of a breach of subsection (1) shall be fully investigated by a constable of the rank of Inspector or above.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Remuneration and immunity of members of Boards 10. (1) Those members of a Board who are not public officers shall receive such remuneration in respect of each meeting attended, and the Chairman and deputy Chairman shall receive such additional remuneration, as may be determined, from time to time, by the Cabinet. (2) Every member of each Board shall be personally indemnified against all claims, damages, costs, charges or expenses incurred by him in the discharge or purported discharge of his functions or duties under this Law except claims, damages, costs, charges or expenses caused by his bad faith.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Immigration Appeals Tribunal 11. (1) For the purposes of this Law there is established an Immigration Appeals Tribunal which shall consist of the following members \u2014 (a) a Chairman; (b) up to five deputy Chairmen; and (c) a panel of persons, all of whom shall be appointed by and hold office at the pleasure of the Cabinet. (2) The Chairman shall be an attorney-at-law of at least seven years call to the bar; and each deputy Chairman shall be an attorney-at-law of at least five years call to the bar. (3) For the purposes of exercising its jurisdiction the Immigration Appeals Tribunal may, if the Chairman so directs, sit in up to six divisions simultaneously or otherwise, each division presided over either by the Chairman or by a deputy Chairman sitting together with no fewer than two other members; and each such division shall be deemed to be a fully Immigration Law constituted Immigration Appeals Tribunal to hear and determine appeals under this Law. (4) The Cabinet shall appoint as many Secretaries as it considers necessary to the Immigration Appeals Tribunal who shall cause to be recorded and shall keep all minutes of the meetings, proceedings and decisions of that Tribunal, and such Secretaries shall have no right to vote.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Meetings of Immigration Appeals Tribunal 12. (1) The Immigration Appeals Tribunal shall meet at least once in every calendar month and upon such other occasions as, in the opinion of the Chairman, may be necessary or desirable in the public interest. (2) Any member of the Immigration Appeals Tribunal who, without obtaining the prior written permission of the Chairman, is absent from more than two out of five consecutive meetings of that Tribunal shall cease to be a member of the Tribunal. (3) In the temporary absence of the Chairman or in the event of his inability to act, the deputy Chairman shall act as Chairman and exercise all the powers and functions of Chairman. (4) At every meeting of the Immigration Appeals Tribunal \u2014 (a) it shall reach its decisions by a majority of the votes of members present and voting; (b) the Chairman or presiding member shall have no original but only a casting vote; and (c) three members present shall form a quorum. (5) Where a member of the Immigration Appeals Tribunal has a personal or pecuniary interest, direct or indirect, in any matter which is to be determined by the Immigration Appeals Tribunal, he shall, if present at the meeting at which such matter is to be determined, as soon as possible after the commencement thereof, disclose the fact and leave the meeting. (6) Subject to subsections (1) to (5) and to section 19, the Immigration Appeals Tribunal shall have power to regulate its own procedure.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Application of sections 9 and 10 to the Immigration Appeals Tribunal 13. Sections 9 and 10 apply to the Immigration Appeals Tribunal as if references in those sections to the Boards were references to the Immigration Appeals Tribunal. Immigration Law (2015 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Appeals from decisions of immigration officer 14. (1) Subject to subsections (2) and (5), any person aggrieved by, or dissatisfied with, any decision of an immigration officer may, within seven days of the communication of the decision to him, appeal therefrom to the pertinent Board whose decision shall be final and binding upon the appellant; and the Board\u2019s decision shall, if notice thereof is sent to the appellant \u2014 (a) by post, be deemed to have been received by him no later than seven days from the date of dispatch; or (b) by electronic mail, be deemed to have been received by him no later than twenty-four hours after its transmission. (2) The appeal to which subsection (1) refers is restricted to dissatisfaction with the decision of an immigration officer \u2014 (a) to refuse permission to enter the Islands; (b) Repealed by section 4 of [Law 23 of 2013] (c) to revoke permission to remain in the Islands; (d) to refuse an application for the grant of a student\u2019s visa or the extension thereof or to attach conditions to such grant; (e) to refuse or revoke a temporary work permit; and (f) to refuse an application for a Residency Certificate for Persons of Independent Means, a Certificate of Direct Investment, a Residency Certificate (Substantial Business Presence) or a Certificate of Permanent Residence for Persons of Independent Means. (3) Pending the outcome of an appeal under this section \u2014 (a) an appellant under subsection (2)(a) and (c) shall leave the Islands; and (b) an appellant under subsection (2)(d) to (f) may be allowed to remain in the Islands if he satisfies the Chief Immigration Officer that he is able to support himself and his dependants, if any. (4) Notwithstanding subsection (3)(a), where a passenger holds a valid visa to enter the Islands he may appeal, from within the Islands, the decision of the immigration officer to refuse him entry. (5) In this section \u2014 \u201cpertinent Board\u201d means the Work Permit Board, the Business Staffing Plan Board or the Cayman Brac and Little Cayman Immigration Board where relevant, except that an appeal in respect of \u2014 (a) subsection (2)(f) shall be heard by the Caymanian Status and Permanent Residency Board; and Immigration Law (b) the decision of an immigration officer who at the relevant time was stationed in Cayman Brac or Little Cayman shall be heard by the Cayman Brac and Little Cayman Immigration Board.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Appeals from decisions of Boards and Chief Immigration Officer 15. (1) Save as otherwise provided in this Law, any person aggrieved by, or dissatisfied with, any decision of the Chief Immigration Officer under section 30, 37C, 42(5) or 49 or of a Board other than a decision under section 14 may, within \u2014 (a) twenty-eight days of the communication of the decision to him; or (b) such longer period as the Chairman of the Appeals Tribunal may, for good reason shown, allow, serve notice on the Immigration Appeals Tribunal of his intention to appeal such decision. (2) Appeals under this section and section 14 shall be by notice in writing addressed to the Secretary of the Immigration Appeals Tribunal or, in the case of an appeal under section 14, the Secretary of the pertinent Board and such notice \u2014 (a) shall set forth the decision against which the appeal is made; and (b) shall be accompanied by a copy of the original application which is the subject of appeal and the prescribed non-refundable fee. (3) Any correspondence from the pertinent Board or the Immigration Appeals Tribunal under this section or section 16 to the appellant \u2014 (a) by post, shall be deemed to have been received by him no later than seven days from the date of dispatch; or (b) by electronic mail, shall be deemed to have been received by him no later than twenty-four hours after its transmission. (3A) At a hearing on grounds under subsection (1) the Immigration Appeals Tribunal shall apply the Law that is or was in effect at the time of the Board\u2019s or the Chief Immigration Officer\u2019s decision. (4) On receipt of a notice of appeal the pertinent Board or the Immigration Appeals Tribunal shall, within fourteen days, notify the Chief Immigration Officer or the Board, as the case may be, of the decision against which the appeal is made. (5) Upon receipt of a notification under subsection (4) the Chief Immigration Officer or the Board, as the case may be, shall, within a reasonable period, deliver to the Immigration Appeals Tribunal or the Board and the appellant, the reasons for his or its decision. Immigration Law (2015 Revision) (6) Upon receipt of the reasons referred to in subsection (5) the appellant shall within twenty-eight days in the case of an appeal under this section, or fourteen days in the case of an appeal under section 14, file his detailed grounds of appeal upon which the hearing shall be determined by the Immigration Appeals Tribunal or the pertinent Board, as the case may be, and serve a copy thereof on the Board or the Chief Immigration Officer. (7) An appeal under this section or section 14 may be lodged on the ground, or grounds, and no other, that the decision in question is \u2014 (a) erroneous in law; (b) unreasonable; (c) contrary to the principles of natural justice; or (d) at variance with the Regulations. (8) Upon receipt of the detailed grounds and any subsequent information requested, the Immigration Appeals Tribunal or the pertinent Board may \u2014 (a) if it is satisfied that the appellant has complied with the requirements of this section, proceed with a hearing on grounds; or (b) if it is satisfied that the appellant has failed to comply with any of the requirements of this section, quash the appeal without a hearing on grounds. (9) In considering the detailed grounds submitted by the appellant under subsection (6), the Immigration Appeals Tribunal or the pertinent Board may request additional information or further particulars from him. (10) A decision under subsection (8) to quash an appeal shall not in itself give rise to a right of appeal. (11) The period within which detailed grounds of appeal must be filed under subsection (6) may be extended at the discretion of the Chairman of the Immigration Appeals Tribunal or the Chairman of the pertinent Board upon request of the appellant for good reason shown in writing. (12) The Chief Immigration Officer or the Board may, within twenty-eight days of the receipt of the grounds of appeal served under subsection (6) provide a written defence which shall be filed with the pertinent Board or the Immigration Appeals Tribunal and served on the appellant.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Conduct of appeals 16. (1) A hearing on grounds as referred to in section 15(8)(a) shall take into account \u2014 (a) the reasons provided by the Chief Immigration Officer or the Board under section 15(5) and all information that was submitted by the appellant at the time of his original application; and Immigration Law (b) the written detailed grounds filed by the appellant under section 15(6). (2) A hearing on grounds under subsection (1) shall be on the basis of the written grounds filed by the appellant and neither the parties nor their representatives shall be present at the hearing. (3) Notwithstanding subsection (2), the Immigration Appeals Tribunal or the pertinent Board, as the case may be, may, in its absolute discretion, call upon either party or any persons as it deems necessary and relevant to address it. (4) Where at a hearing on grounds the Immigration Appeals Tribunal or the pertinent Board determines that at least one of the grounds contained in section 15(7) has been made out, the Immigration Appeals Tribunal or the pertinent Board shall proceed to a rehearing of the original application which was the subject of the appeal. (5) The Immigration Appeals Tribunal or the pertinent Board when rehearing an application under subsection (4) shall do so by way of a hearing de novo and shall take into account any fresh evidence put forward by the appellant or the Chief Immigration Officer or the Board that may have arisen in relation to the parties, which is to be submitted in writing. (6) The law in force at the time of the rehearing by the Immigration Appeals Tribunal or the Board shall govern the proceedings under subsection (5). (7) Neither the appellant nor his representative shall be permitted to be present at the rehearing of the original application which shall be based on written submissions with respect to fresh evidence or changes in circumstances. (8) Where in the opinion of the Immigration Appeals Tribunal an appeal under this section was made frivolously, vexatiously or in bad faith, it may award costs on an indemnity basis. (9) Representatives appearing on behalf of either party need not be persons having legal qualifications. (10) An appeal to the Immigration Appeals Tribunal, and matters referred to the Immigration Appeals Tribunal may not be remitted to the pertinent Board or to the Chief Immigration Officer. (11) Decisions of the Immigration Appeals Tribunal and the pertinent Board shall be notified to the appellant within a reasonable period of time.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Orders of Immigration Appeals Tribunal and appeals from its decisions 17. (1) On an appeal, the Immigration Appeals Tribunal may make such order, including an order for costs, as it thinks fit. (2) An appeal may be made to the Grand Court from a decision of the Immigration Appeals Tribunal on a point of law only. Immigration Law (2015 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Decisions to be administrative 18. (1) Decisions made under or by virtue of sections 7, 14, 15 and 16 shall be deemed to be administrative and not judicial decisions. (2) Where a Board or the Chief Immigration Officer rejects an application either in whole or in part, it or he, if requested shall give the applicant brief reasons for that rejection and inform him of his rights under section 15. (3) Failure of a Board or the Chief Immigration Officer to inform an applicant of the right of appeal referred to in subsection (2) and under section 17(2) shall not of itself give rise to a right of appeal under section 15 or under section 17(2) and failure to give reasons as required by subsection (2) when first promulgating its decision to reject an application shall not give rise to such a right of appeal if the Board or the Chief Immigration Officer gives them to the applicant within thirty days of having made the decision. (4) Save for decisions of the Immigration Appeals Tribunal or the pertinent Board by virtue of sections 7, 14, 15 and 16, the Immigration Appeals Tribunal or the pertinent Board shall provide brief written reasons for its decisions under sections 15(10) and 16(1) only if requested by the appellant within fourteen days of receipt of the Appellate Tribunal\u2019s decision.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Rules relating to appeals 19. The Chief Justice may make rules relating to the procedure and forms to be used for the notice of appeal to the court and the admission of evidence of any appeal heard by the Immigration Appeals Tribunal. PART III - Provisions Relating to Caymanians\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"Categories of Caymanians 20. (1) A person shall, for purposes of this Law, be deemed to possess the right to be Caymanian if \u2014 (a) he is Caymanian at the 1st January, 2004; (b) he is Caymanian as of right as defined in section 21; (c) he is Caymanian by grant of the Caymanian Status and Permanent Residency Board under section 22; (d) he has obtained the right by entitlement; or (e) the Cabinet, acting on the recommendation of the Caymanian Status and Permanent Residency Board, grants such right to him and that grant is subsequently ratified by the Legislative Assembly; save that the Cabinet shall not make more than four such grants in any calendar year, Immigration Law and he shall continue to possess and enjoy the right to be Caymanian unless and until he loses it under section 27. (2) A person who believes that he possesses the right to be Caymanian under subsection (1) may apply in the prescribed form to the Chief Immigration Officer for the formal acknowledgement of that right in his passport, and the Chief Immigration Officer shall, within fourteen days, either provide the acknowledgement or give written reasons for his refusal to do so. (3) Where, by application of law, a person loses his right to be Caymanian, the Chief Immigration Officer may cancel the passport acknowledgement referred to in subsection (2). (4) A person aggrieved by the Chief Immigration Officer\u2019s decision under subsection (2) or (3) may, within seven days of that decision having been communicated to him, appeal to the Caymanian Status and Permanent Residency Board. (5) Notwithstanding subsection (1)(b) and (d), where a Caymanian holds himself out to be the father of a child born out of wedlock, the status or domicile of the Caymanian shall not be taken into account unless \u2014 (a) he is able to prove to the satisfaction of the Caymanian Status and Permanent Residency Board that he is in fact the father of the child; (b) under the Affiliation Law (1995 Revision), he has been adjudged to be the putative father of the child; or (c) he has been ordered to pay a weekly sum of money for the maintenance and education of the child.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_21\", \"num\": \"21.\", \"text\": \"Caymanian as of right 21. In this Part \u2014 \u201cCaymanian as of right\u201d means a child \u2014 (a) born on or after the 1st January, 2004 whether in or outside the Islands, at the date of whose birth at least one of his parents was settled in the Islands and was Caymanian; (b) born outside the Islands, after the 1st January, 2004, at the date of whose birth at least one of his parents was Caymanian otherwise than by descent; or (c) acquiring the status of Caymanian under section 21 of the repealed Immigration Law (2003 Revision) or under any earlier law conferring the same or similar rights. Immigration Law (2015 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_22\", \"num\": \"22.\", \"text\": \"Acquisition of the right to be Caymanian by grant of the Board 22. (1) The Caymanian Status and Permanent Residency Board may, subject to section 24, grant the right to be Caymanian to any of the persons referred to in this section. (2) Any person who \u2014 (a) has attained the age of eighteen years; (b) satisfies the Board that he is the child or grandchild of a Caymanian born in the Islands; and (c) repealed by section 5 of [Law 2 of 2012] (d) is not otherwise entitled to the right to be Caymanian, may apply to the Board for the grant of the right to be Caymanian. (3) Any person who is a British Overseas Territories Citizen by reason of a certificate of naturalisation or registration issued under the British Nationality Act, 1981 [UK Act] by virtue of his connection with the Islands, or any Act preceding, amending or replacing that Act, may, if he has been legally and ordinarily resident in the Islands for at least fifteen years or at least five years after the receipt of that grant, apply for the grant of the right to be Caymanian. (4) Any person \u2014 (a) who has been married to a Caymanian \u2014 (i) for at least five years immediately preceding the application, where the marriage took place prior to the 1st January, 2004; or (ii) for at least seven years immediately preceding the application, where the marriage took place on or after the 1st January, 2004; (b) whose marriage is not a marriage of convenience; (c) who is not living apart from his spouse under a decree of a competent court or under a deed of separation; (d) who has not lived apart from his spouse for an aggregate period of three months \u2014 (i) out of the five years immediately preceding the application where the marriage took place prior to the 1st January, 2004; or (ii) out of the seven years immediately preceding the application where the marriage took place on or after the 1st January, 2004; (e) who is legally and ordinarily resident in the Islands immediately preceding his application; and (f) who has not in any country been convicted of an offence for which a sentence of imprisonment not exceeding twelve months has been passed other than for non-payment of a fine unless \u2014 Immigration Law (i) the conviction has been quashed on appeal or has been the subject of a free pardon; (ii) the act or omission giving rise to such conviction would not be an offence if done or omitted in the Islands in similar circumstances; or (iii) the conviction is one which, in the interest of justice, the Board directs to be ignored for the purposes of this section, may apply to the Board for the grant of the right to be Caymanian. (5) The Board, in calculating under subsection (4) the period of time that the applicant and his spouse have spent apart, shall not, where the absences are occasioned by one or other of the spouses having been away from the Islands, take into account those occasions when such absences were temporary for medical, educational, business or similar reasons. (6) The surviving spouse of a Caymanian who \u2014 (a) was married to the deceased for at least seven years; (b) immediately before the death of the deceased was not living apart from the deceased \u2014 (i) under the decree of a competent court; (ii) under a deed of separation; or (iii) in circumstances where, in the opinion of the Board, the marriage had irretrievably broken down; (c) has been legally and ordinarily resident in the Islands immediately preceding the death of the deceased; and (d) either has not in any country been convicted of an offence or has in any country been convicted of an offence for which a sentence of imprisonment, not exceeding twelve months, has been imposed other than for non-payment of a fine unless \u2014 (i) such conviction has been quashed on appeal or has been the subject of a free pardon; (ii) the act or omission giving rise to such conviction would not be an offence if done or omitted in the Islands in similar circumstances; or (iii) the conviction is one which, in the interests of justice, the Board directs to be ignored for the purposes of this section, may apply to the Board for the grant of the right to be Caymanian. (7) Where the marriage referred to in subsection (6)(a) has not subsisted for a period of seven years or the grant of the right to be Caymanian has been refused by the Board, the surviving spouse may apply to the Chief Immigration Officer for the right to permanently reside in the Islands and the Chief Immigration Officer shall take into account \u2014 Immigration Law (2015 Revision) (i) the length of the marriage; (ii) whether there are any children of the marriage; (iii) whether immediately prior to the death the marriage was no longer subsisting as evidenced by a decree of a competent court, a deed of separation or what appears to be the breakdown of the marriage; (iv) the applicant\u2019s ability to support himself and any dependants; and (v) the applicant\u2019s health and character. (8) Where, under subsection (7), permanent residence is granted, the Chief Immigration Officer shall issue to the successful applicant a Residency and Employment Rights Certificate, which Certificate shall entitle the holder \u2014 (a) to accept employment from any employer of his choice; and (b) to have reside with him within the Islands such of his dependants as were listed in his application and were approved by the Chief Immigration Officer, but the Certificate shall restrict him to working within the particular occupation specified by the Chief Immigration Officer; and such certificate may be varied by the Chief Immigration Officer. (9) A person who \u2014 (a) has attained the age of seventeen years; (b) has Caymanian status which \u2014 (i) will expire when he attains the age of eighteen years; or (ii) has expired upon his having attained the age of eighteen years; and (c) has been legally and ordinarily resident in the Islands for at least five out of the seven years immediately preceding the date of the application, may apply to the Board prior to reaching the age of twenty-four for the grant of the right to be Caymanian, and such application shall be granted unless the Board has compelling reasons for refusing it, and such grant shall take effect when he attains the age of eighteen years or, where he is already eighteen years, from the date of the grant. (10) In relation to the qualification for legal and ordinary residence referred to in this Part \u2014 (a) where any question arises as to whether an applicant was or was not, during any material period, legally and ordinarily resident in the Islands, such question shall be decided by the Board; (b) where an applicant has been legally and ordinarily resident in the Islands and has been absent from the Islands for any period for the purpose of his education, health or business, the Board may count such period of absence as a period of legal and ordinary residence in the Islands if the Immigration Law Board is satisfied that, but for such period of absence, the applicant would have in fact continued to be legally and ordinarily resident in the Islands; and (c) nothing in this subsection shall have effect so as to preclude any applicant from appealing to the Immigration Appeals Tribunal, under section 15, on the grounds that the Board came to a wrong decision on the question of whether during any material period he was or was not legally and ordinarily resident in the Islands. (11) The Board, in its discretion, may require or allow any applicant to attend before it or any committee of the Board in support of his application, but subject as aforesaid no applicant shall be entitled to appear before the Board. (12) Subject to this Part, where a person is the grantee of the right to be Caymanian or of Caymanian status under this or any earlier law, no person shall be entitled to apply for the right to be Caymanian by virtue only of that grant save for those persons acquiring such right by entitlement. (13) An applicant who is aggrieved by the refusal of the Board to grant him the right to be Caymanian may, subject to section 15, appeal to the Immigration Appeals Tribunal against such refusal.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_23\", \"num\": \"23.\", \"text\": \"Persons who may apply to the Chief Immigration Officer for the right to be Caymanian 23. A person who \u2014 (a) was born in the Islands between the 27th March, 1977 and the 1st January, 1983; (b) is a British Overseas Territories Citizen by virtue of being born in the Islands; and (c) has resided in the Islands since birth save for absences abroad for purposes of education or medical treatment, may, within one year from the 21st December, 2006, apply to the Chief Immigration Officer for the right to be Caymanian and the Chief Immigration Officer shall, save in exceptional circumstances, grant such application.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_24\", \"num\": \"24.\", \"text\": \"Matters for Board\u2019s consideration 24. In the course of processing an application for the right to be Caymanian, the Board shall satisfy itself that \u2014 (a) such grant would be in the public interest; (b) adequate consideration has been given to the number of dependants who would be entitled to reside in the Islands or become Caymanian by entitlement should the application be granted; Immigration Law (2015 Revision) (c) that it would be in the interest of the Islands to grant such application if the number of dependants becoming Caymanian by entitlement would be more than three; (d) the applicant has not committed an act of insolvency or bankruptcy, or been involved as a shareholder or director of any company or other entity which has been the subject of liquidation especially where creditors have been adversely affected; (e) the applicant \u2014 (i) is of good character and conduct; (ii) has to his credit three good character references received by the Board directly from three Caymanians; and (iii) has a clean criminal record and has not been involved with illegal drugs; (f) the applicant is of good health and does not suffer from any form of communicable or mental disease that would make him a danger to the community; (g) the applicant has not been involved in organising or engaging in any subversive political activity, nor has he organised, caused or promoted racism or any illegal activity within the Islands or elsewhere; (h) the continued residence of the applicant and his family will contribute to the well being of the Islands; (i) the economic situation of the Islands and the protection of persons already engaged in similar gainful occupations have been duly considered; (j) adequate consideration has been given to the desirability of granting the right to be Caymanian to applicants with different backgrounds and from different geographical areas so that a suitable balance in the social and economic life of the Islands may be maintained; and (k) adequate consideration has been given to the desirability of retaining the economic resources of the Island in the control of Caymanians.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_25\", \"num\": \"25.\", \"text\": \"Procedure in relation to applications for grant under section 22 25. (1) Applications under section 22, which shall be made to the Board through the Secretary shall \u2014 (a) be in duplicate in the prescribed form; (b) be accompanied by the prescribed fee; and (c) state whether or not the applicant wishes to be heard in person. Immigration Law (2) A copy of every application shall be forwarded by the Secretary to the Commissioner of Police, who may make such representations to the Board as he may deem proper. (3) In granting or rejecting an application under section 22, the Board shall be deemed to have acted administratively and not judicially. (4) Where an application has been rejected, the applicant shall not be permitted to make any further application until after the lapse of one year from the date of the communication of the decision. (5) Notwithstanding subsection (4), where a person \u2014 (a) is qualified under any subsection of section 22 to apply for the grant of the right to be Caymanian; and (b) made an application under that subsection, and the application was rejected, he may apply at any time after such rejection under any other subsection of section 22 under which he is also qualified to apply.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_26\", \"num\": \"26.\", \"text\": \"Record to be kept of applications and grants 26. The Secretary shall keep a record of every application for a grant of the right to be Caymanian and the result thereof, and such grant shall be evidenced by a certificate under the hand of the Chairman or by the Governor, as the case may be, in the form in the Schedule and shall cause notice thereof to be published in the Gazette.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_27\", \"num\": \"27.\", \"text\": \"Loss of right to be Caymanian 27. (1) The right to be Caymanian granted by the Board may be lost \u2014 (a) where the holder has supplied false or misleading information in a material particular, to the Board; (b) where the holder has ordinarily resided outside the Islands for a period of five years and can no longer be said to be settled in the Islands; (c) where the marriage of the holder, being the spouse of a Caymanian, is deemed by the Board to have been a marriage of convenience; or (d) where within three years of the grant to the spouse of a Caymanian of the right to be Caymanian under this or any earlier Law, the marriage of the holder \u2014 (i) in the opinion of the Board or the Chief Immigration Officer has broken down; (ii) has declined to the point where the parties have separated as a result of a decree of a competent court or a deed of separation; or (iii) no longer subsists. Immigration Law (2015 Revision) (2) The holder of the right to be Caymanian by entitlement under this Law or under any analogous provision in an earlier law \u2014 (a) may lose that right where he has not been legally and ordinarily resident in the Islands for a period of seven years immediately before reaching the age of eighteen years; and (b) shall notify the Chief Immigration Officer forthwith of the relevant circumstances involving his legal and ordinary residence in the Islands and wilful failure to do so is an offence. (3) The Board may, by order, divest any person who has been granted the right to be Caymanian under section 22, or Caymanian status under any earlier law, of such right or status if it is satisfied that the grant was obtained by means of fraud, false representation or the concealment of any material fact; and with respect to such order \u2014 (a) the Board shall, by notice, inform the person affected, of the order and of his right to appeal to the Immigration Appeals Tribunal as hereinafter provided; (b) if the person affected is aggrieved by the order, he may, subject to section 15, appeal to the Immigration Appeals Tribunal against the order; and (c) in the event of there being no appeal or if an appeal is disallowed, the Board shall notify the Chief Immigration Officer of the order and shall cause notice thereof to be published in the Gazette. (4) Any person who, having possessed the right to be Caymanian, ceases by virtue of subsections (1) to (3) to possess or to be deemed to possess the right to be Caymanian shall, for the purposes of this Law, be treated as if he had never acquired, possessed or enjoyed the right to be Caymanian and the provisions of this Law shall thenceforward apply and have effect accordingly. (5) Nothing in subsections (1) to (4) shall have effect so as to preclude a person who has, by virtue of such subsections, ceased to possess the right to be Caymanian from applying to the Board for the grant of that right under section 22.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_28\", \"num\": \"28.\", \"text\": \"Revocation on conviction 28. (1) Where the grantee of the right to be Caymanian or of Caymanian status under this or any earlier law is convicted by any court in the Islands or elsewhere of an offence \u2014 (a) for which he is sentenced to an immediate term of imprisonment of twelve months or more, other than for non-payment of a fine; and in respect of which conviction his rights of appeal have been exhausted; or Immigration Law (b) which, in the opinion of the grantor, was made possible by, facilitated by or connected with the grant, the grantor may revoke the grant on his own motion. (2) Where the court referred to in subsection (1) is a foreign court, the offence committed must have been an offence that would be recognised as an offence in the Islands. 28A. Right to relinquish grant 28A. In respect of any rights granted under this Part or Part IV, the holder may relinquish such rights of his own free will by advising the Board or the Chief Immigration Officer in writing and upon that relinquishment that person shall cease to enjoy any of the rights associated with that grant. PART IV - Permanent Residence and Extended Residence Categories\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_29\", \"num\": \"29.\", \"text\": \"Categories of permanent residence 29. (1) The Caymanian Status and Permanent Residency Board and the Chief Immigration Officer may grant to non-Caymanian applicants \u2014 (a) the right to reside permanently in the Islands, to persons who have been legally and ordinarily resident in the Islands for a minimum period of eight years; and (b) the Residency and Employment Rights Certificate, to spouses of Caymanians. (2) Subject to sections 34 and 34A, the Chief Immigration Officer may grant the right to reside in the Islands to persons of independent means. (2A) In this Part, unless the context otherwise requires, a reference to the Chief Immigration Officer in relation to the granting of permanent residence under section 30 or a Residency and Employment Rights Certificate under section 31 shall be construed as a reference to anyone specifically designated by him to perform those duties. (2B) All or any of the powers conferred upon the Chief Immigration Officer under subsection (1) may be delegated by him to any members of his staff. (3) A person who is a British Overseas Territories Citizen by virtue of a connection with the Islands, by registration by entitlement under the British Nationality Act, 1981 [UK Act], or any Act preceding, amending or replacing that Act, shall have the right to remain permanently in the Islands and shall cease to have such right where \u2014 (a) he ceases to be a British Overseas Territories Citizen; Immigration Law (2015 Revision) (b) he has, subsequent to the grant of the certificate, been ordinarily resident outside the Islands continuously for a period of five years or acquires a domicile other than a domicile in the Islands, unless the Cabinet rules otherwise; (c) the Cabinet is satisfied that the grant of the certificate was obtained by fraud, false representation or the concealment of any material fact; (d) he engages in gainful occupation or any trade or business without the permission of the Work Permit Board, the Business Staffing Plan Board, the Caymanian Status and Permanent Residency Board or the Chief Immigration Officer; or (e) he falls into one of the categories enumerated in section 38.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_30\", \"num\": \"30.\", \"text\": \"Persons legally and ordinarily resident in the Islands for at least eight years 30. (1) Any person who has been, and is legally and ordinarily resident in the Islands for a period of at least eight years but not more than nine years, other than \u2014 (a) the holder of a Residency Certificate for Persons of Independent Means; (b) the holder of a Residency Certificate for Retirees; (c) the holder of a Certificate of Direct Investment or a Direct Investment Holder\u2019s (Dependant\u2019s) Certificate; (d) the holder of a Residency Holders (Dependant\u2019s) Certificate; (e) the holder of a Certificate of Permanent Residence for Persons of Independent Means; or (f) a person who was granted permanent residence under any earlier law in circumstances analogous to paragraphs (a) or (b), may apply in the prescribed form and manner to the Board or the Chief Immigration Officer for permission for himself, his spouse and his dependants, if any, to reside permanently in the Islands and such application shall be accompanied by the prescribed application fee, issue fee, dependant fee and the annual fee with respect to the first year. (2) Notwithstanding subsection (1), where at the commencement of the Immigration (Amendment) (No. 2) Law, 2013 [Law 23 of 2013], a person has already been legally and ordinarily resident in the Islands in excess of nine years, he shall be entitled to a period of ninety days from such commencement within which to apply under this section for the right to reside permanently in the Islands. (3) For the purpose of assessing the suitability of an applicant for permanent residence, a points system shall be prescribed by the Cabinet. (4) In considering an application for permanent residence under subsection (1), the Board or the Chief Immigration Officer upon applying the criteria set out Immigration Law in the points system shall grant permanent residence to all applicants attaining one hundred and ten points or more. (5) Where an application under subsection (1) has been refused and the applicant has not appealed against such refusal or has appealed against such refusal and lost his appeal, he is debarred from re-applying under the provisions of that subsection and shall leave the Islands upon the expiration of any period during which he was allowed to work under section 52(4) unless he is entitled to remain by virtue of any other provision of this Law; and such debarment shall continue \u2014 (a) in the case of a worker, until he re-qualifies under the criteria contained in this section having taken the break in stay required under section 52(1); or (b) in the case of a Government employee, for a period of nine years following the date of the refusal of his application or any subsequent appeal in respect of that application. (6) Upon the grant of permanent residence, the Board or the Chief Immigration Officer shall issue to the successful applicant a Residency and Employment Rights Certificate, which Certificate shall entitle the holder \u2014 (a) to accept employment from any employer of his choice; and (b) to have reside with him such of his dependants as were listed in his application and were approved by the Board or the Chief Immigration Officer, but the Certificate shall restrict him to working within the particular occupation or occupations specified by the Board or the Chief Immigration Officer; and such Certificate may be varied by the Board or the Chief Immigration Officer, but there shall be no entitlement to be self-employed. (7) For the avoidance of doubt where the prescribed fees have not been submitted as required under subsection (1), the Board or the Chief Immigration Officer shall have no power to entertain the application. (8) Where the Board or the Chief Immigration Officer varies a Certificate under subsection (6) to change an occupation, the original occupation specified by the Board or the Chief Immigration Officer shall remain and shall be the occupation upon which the annual fee is based unless the new occupation is in a higher fee category. (9) When applying under this section for the right to reside permanently in the Islands the applicant shall provide full particulars of his spouse and all dependants whether or not it is intended that they would accompany him if his application is successful; and the failure to provide such particulars in his application is an offence. Immigration Law (2015 Revision) (10) Where an application for the right to reside permanently in the Islands, or an appeal before the Immigration Appeals Tribunal is pending, and there is a change with respect to the dependants named in the application, the applicant or the appellant, as the case may be, shall so inform the Board or the Chief Immigration Officer in writing and may request that such dependants be included in the application or appeal when it is being determined. (11) An applicant referred to in subsection (10) shall also inform the Board or the Chief Immigration Officer in respect of his application if there is any change in his circumstances since making the application, in relation to \u2014 (a) any convictions he may have received; (b) whether he has become unemployed; (c) whether he has been charged with an offence; (d) whether he no longer holds any of the assets listed in the application; and (e) any change in his marital status or in respect of his dependants, and failure to do so is an offence. (12) Where there is a change in the number of children who are dependants of the holder of a Residency and Employment Rights Certificate born subsequent to the issue thereof, the holder shall so inform the Board or the Chief Immigration Officer of the fact and the Board or the Chief Immigration Officer may amend the Certificate to include any additional children subject to such conditions as the Board or the Chief Immigration Officer may, in its or his absolute discretion, determine. (13) The holder of a Certificate issued under subsection (6) or section 34 or 34A shall provide annually a declaration containing prescribed particulars in respect of himself and his dependants and his failure to provide such declaration is both an offence and a ground for revocation of the Certificate. (14) Upon the grant to reside permanently in the Islands under this section, it shall be a condition of such grant that where the holder sells property that was listed in his application for permanent residence for the purpose of purchasing alternative property, such purchase shall be completed within one hundred and eighty days of the sale unless there are exceptional circumstances and he shall inform the Board or the Chief Immigration Officer of the details of the new property including the purchase price and the date on which the transaction was completed and such notification shall be made within thirty days of such transaction. (15) Where a person possesses permanent residence granted under any law that has been repealed, the Caymanian Status and Permanent Residency Board or the Chief Immigration Officer shall have the power to vary or amend the terms of the grant to add or remove dependants; but a dependant so removed shall have Immigration Law the right to apply to the Board or the Chief Immigration Officer for the grant of a Residency and Employment Rights Certificate in his own right. (16) The spouse of a permanent resident may apply to the Board or the Chief Immigration Officer for a Residency and Employment Rights Certificate, which if granted, will be subject to the same conditions and entitlements as specified in subsection (6). (17) It shall be the duty of the holder of a Residency and Employment Rights Certificate granted under this section and his employer to report to the Board or the Chief Immigration Officer any change in the holder\u2019s employment circumstances such as \u2014 (a) the holder being employed; or (b) the holder being terminated, promoted, demoted or re-designated, and the failure to do so is an offence and shall render both the holder and his employer, both previous and current, liable. (18) Upon the death of the holder of a Residency and Employment Rights Certificate issued under subsection (6) or upon the dissolution of his marriage the right of his surviving spouse or former spouse to reside in the Islands may be revoked at the discretion of the Board or the Chief Immigration Officer, but the said surviving or former spouse may, within a period of three months of the revocation apply for the grant of a Residency and Employment Rights Certificate upon satisfying the requirements of this section. (19) Upon the death of the holder of a Residency and Employment Rights Certificate issued under subsection (6), or upon the dissolution or breakdown of his marriage, it shall be the duty of \u2014 (a) the spouse of the deceased Certificate holder; and (b) the holder of the Certificate and his spouse in the case of the dissolution or breakdown of their marriage, to notify the Board or the Chief Immigration Officer within six months of the death, dissolution or breakdown, and the failure to make such notification in the case of paragraph (b) is an offence for which the holder and his spouse shall be liable. (20) Where an application for a Residency and Employment Rights Certificate has been made under subsection (18) within the said period of three months from the date of any revocation, the applicant\u2019s right to reside in the Islands shall continue upon the same terms and conditions until the Board or the Chief Immigration Officer determines the application or the Immigration Appeals Tribunal determines any subsequent appeal. (21) The right of a dependent child of the holder of a Residency and Employment Rights Certificate issued under subsection (6) or (18) to reside in the Islands as a dependant shall cease upon reaching the age of eighteen years unless his Immigration Law (2015 Revision) parent\u2019s Residency and Employment Rights Certificate has been varied to reflect the fact that the dependent child is engaged in full-time tertiary education, or the Chief Immigration Officer is satisfied that there are special circumstances. (22) A person who enjoys the status of permanent resident granted prior to 1st January, 2004, may apply to the Board or the Chief Immigration Officer for a variation of that status to enable him to acquire the rights outlined in subsection (6), and in the absence of exceptional circumstances the Board or the Chief Immigration Officer shall approve the application. (23) Where the Chief Immigration Officer or his designate entertains an application under this section or section 31, it shall be their responsibility to record and keep, or cause to be recorded and kept, minutes of the deliberations including decisions taken.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_31\", \"num\": \"31.\", \"text\": \"Residency and Employment Rights Certificate for spouse of a Caymanian 31. (1) The spouse of a Caymanian may apply to the Chief Immigration Officer or the Caymanian Status and Permanent Residency Board for permission to reside in the Islands and if such application is successful the Chief Immigration Officer or the Board, as the case may be, shall grant to the applicant a Residency and Employment Rights Certificate for a period of seven years and such Certificate when granted may, upon application, be renewed at the discretion of the Chief Immigration Officer or the Board. (2) The application shall be accompanied by evidence as to the stability of the marriage and a statement as to the number of dependants, if any, of the spouse. (3) The Chief Immigration Officer or the Board shall take into account the following, namely that \u2014 (a) the spouse of the applicant is Caymanian; (b) the marriage is not a marriage of convenience; (c) the applicant is of good character; (d) the applicant is in good health as evidenced by a recent medical certificate; (e) the marriage is stable; and (f) the applicant and his spouse have sufficient financial means to support himself and his dependants listed on the application as accompanying him. (4) A person to whom a Residency and Employment Rights Certificate is granted under this section shall, as long as the marriage remains stable, be entitled \u2014 (a) to remain and work in the Islands in any occupation without the need to possess a work permit; and Immigration Law (b) to have such of his dependants as were listed on the application and were approved by the Board or the Chief Immigration Officer reside in the Islands until they have attained the age of eighteen unless the Certificate has been varied to reflect the fact that the dependant is engaged in fulltime tertiary education or the Board or the Chief Immigration Officer is satisfied that there are special circumstances. (5) Subsection (4)(b), insofar as it relates to the listing of dependants and their approval by the Board or the Chief Immigration Officer, shall not apply to a person who became the holder of a Residency and Employment Rights Certificate prior to the 21st December, 2006 and such person shall continue to enjoy the same rights to which he was entitled immediately prior to the 21st December, 2006. (6) The spouse of a Caymanian shall have no right to reside or be gainfully employed in the Islands unless he is the holder of a Residency and Employment Rights Certificate granted under this section and he shall not be entitled to apply for, or to be granted, a work permit or the renewal of a work permit, but where a work permit is in effect on the date of the marriage he may continue to work under the terms and conditions of the work permit until its expiration. (7) Notwithstanding subsection (6), whenever the Board or the Chief Immigration Officer is satisfied that there are exceptional circumstances it or he may grant or renew a work permit for the spouse of a Caymanian for a period not exceeding three years in total after which no further permits may be granted or renewed in respect of that person unless the marriage is dissolved. (8) Notwithstanding subsection (6) \u2014 (a) where the holder of a Residency and Employment Rights Certificate granted by the Board or the Chief Immigration Officer applies prior to its expiration to have it renewed, he may continue working after it has expired until such time as his application is determined by the Board or the Chief Immigration Officer, or where he has appealed the Board\u2019s or the Chief Immigration Officer\u2019s decision, by the Immigration Appeals Tribunal; and (b) where the spouse referred to in paragraph (a) is the holder of a work permit and he applies for a Residency and Employment Rights Certificate prior to the expiration of his work permit, he may continue to work during the period between the expiration of the work permit and the final determination of his application for the said Certificate by the Board or the Chief Immigration Officer, or where he has appealed the Board\u2019s or the Chief Immigration Officer\u2019s decision, by the Immigration Appeals Tribunal. Immigration Law (2015 Revision) (9) Where a person who is the spouse of a Caymanian and who has at any time been \u2014 (a) the holder of a work permit; (b) employed by the Government of the Islands; or (c) employed in the Islands by the Government of the United Kingdom, applies for a Residency and Employment Rights Certificate under this section, then in the absence of exceptional circumstances the Board or the Chief Immigration Officer shall approve his application.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_32\", \"num\": \"32.\", \"text\": \"Dependants of Residency and Employment Rights Certificate holders 32. (1) A dependant of a Residency and Employment Rights Certificate holder, having attained the age of eighteen years, may apply to the Board or the Chief Immigration Officer for a Residency and Employment Rights Certificate and shall, at the discretion of the Board or the Chief Immigration Officer, be granted the right to permanently reside in the Islands under section 30(1) if \u2014 (a) he was declared in the original application for the Certificate; (b) he is found to be of good character and conduct; (c) he has been legally and ordinarily resident in the Islands for at least seven years immediately prior to the application; and (d) the holder of the Residency and Employment Rights Certificate continues to possess it or has become a Caymanian. (2) An application under subsection (1) shall be made prior to his attaining the age of nineteen, if his parent\u2019s Residency and Employment Rights Certificate has not been varied so that he may remain a dependant during his tertiary education or within six months of the end of such education but in either case it shall be made no later than his twenty-fourth birthday.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_33\", \"num\": \"33.\", \"text\": \"Loss of Residency and Employment Rights Certificate 33. (1) Subject to subsection (2), the holder of a Residency and Employment Rights Certificate who is the spouse of a Caymanian or has obtained a Residency and Employment Rights Certificate as a result of his marriage to the holder of a Residency and Employment Rights Certificate under section 30(16) or any other earlier analogous provision, shall forfeit his rights under that Certificate if \u2014 (a) he falls within any of the provisions of section 38; (b) his spouse ceases to be a Caymanian or to be a Residency and Employment Rights Certificate holder; (c) within ten years of the marriage, it is dissolved or annulled; (d) he ceases to be legally and ordinarily resident in the Islands; or Immigration Law (e) he and his spouse are living apart \u2014 (i) under a decree of a competent court; (ii) under a deed of separation; or (iii) in circumstances where, in the opinion of the Board, the marriage has irretrievably broken down. (2) The holder of a Residency and Employment Rights Certificate who is or was the spouse of a Caymanian and who is the parent of a Caymanian child may apply to the Board or the Chief Immigration Officer for a continuation of the Residency and Employment Rights Certificate \u2014 (a) until the child reaches the age of eighteen years; or (b) where the child is enrolled in tertiary education, until he completes his education or has reached the age of twenty-four years, whichever happens earlier. (3) Where the holder of a Residency and Employment Rights Certificate is the surviving spouse of a Caymanian, he shall be allowed to make representations to the Board or the Chief Immigration Officer on his own behalf following which the Board or the Chief Immigration Officer may, in its or his discretion \u2014 (a) revoke the Certificate; or (b) allow the continuation of the Certificate. (4) Where the Board or the Chief Immigration Officer revokes a Certificate under subsection (3) the previous holder shall \u2014 (a) if he has applied for a work permit, be entitled to work by operation of law on the same terms and conditions as applied to his previous Residency and Employment Rights Certificate; or (b) if he has applied for the grant of permanent residence under Part IV, be entitled to apply to the Chief Immigration Officer under section 52(4) for permission to continue working under the provisions of that section, until the outcome of the application for a work permit or for permanent residence and any subsequent appeal, but in the case of paragraph (b) before doing so he shall comply with the requirements of section 52(6).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_34\", \"num\": \"34.\", \"text\": \"Residency Certificate for Persons of Independent Means 34. (1) A person of independent means who has attained the age of eighteen years and who satisfies the requirements of this section may apply to the Chief Immigration Officer for a Residency Certificate for Persons of Independent Means. (2) An applicant under this section shall be granted a Residency Certificate for Persons of Independent Means, without the right to work, valid for twenty-five Immigration Law (2015 Revision) years and renewable thereafter at the discretion of the Chief Immigration Officer, if he satisfies the Chief Immigration Officer that \u2014 (a) he has no serious criminal conviction; (b) he is in good health and possesses adequate health insurance coverage; and (c) he has attained the financial standing required by subsection (3). (3) The applicant will be deemed to have attained the financial standing referred to in subsection (2) if, as a minimum he can show that he has \u2014 (a) a continuous source of annual income in the prescribed amount without the need to engage in employment in the Islands; (b) invested the prescribed sum in developed residential real estate in the Islands; and (c) made other local investments in the prescribed amount. 34A. Certificate of Permanent Residence for Persons of Independent Means 34A. (1) A person of independent means who satisfies the requirements of this section may apply in the prescribed manner to the Chief Immigration Officer for the grant of the right to reside permanently in the Islands. (2) Subject to subsection (4) an applicant under this section shall be granted a Certificate of Permanent Residence for Persons of Independent Means, without the right to work, if he satisfies the Chief Immigration Officer that \u2014 (a) he has invested the prescribed sum in developed real estate in the Islands; (b) he and his spouse (where applicable) have a clean criminal record; (c) he, his spouse and dependent children (where applicable) are in good health and possess adequate health insurance coverage; and (d) his financial resources are sufficient to adequately maintain himself and his dependents. (3) Notwithstanding subsection (2) and section 35(1) the holder of a Certificate of Permanent Residence for Persons of Independent Means issued under this section, or his spouse, if he holds a Certificate of Permanent Residence for Dependants of Persons of Independent Means issued under section 35, may apply to the Caymanian Status and Permanent Residency Board or the Chief Immigration Officer for a variation of his Certificate to allow the right to work for any employer but only in the particular occupation or occupations specified by the Board or the Chief Immigration Officer. (4) The Cabinet shall establish a quota that would restrict the number of Certificates granted under this section and such quota shall be gazetted. Immigration Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_35\", \"num\": \"35.\", \"text\": \"Spouse and dependants of the holder of a Residency Certificate for Persons of Independent Means or a Certificate of Permanent Residence for Persons of Independent Means 35. (1) The spouse and such dependants of the holder of a Residency Certificate for Persons of Independent Means or a Certificate of Permanent Residence for Persons of Independent Means as were listed on the application and were approved by the Chief Immigration Officer shall be granted a Residency Holders (Dependant\u2019s) Certificate or a Certificate of Permanent Residence for Dependants of Persons of Independent Means, respectively, the holder of which is permitted, subject to this section, to reside in the Islands without the right to work save that in the case of a Certificate of Permanent Residence for Dependants of Persons of Independent Means such Certificate may be varied under section 34A(3) to allow the right to work. (2) Upon the death of the holder of a Residency Certificate for Persons of Independent Means or a Certificate of Permanent Residence for Persons of Independent Means or upon the dissolution of the marriage, the right of the surviving or former spouse to reside in the Islands may be revoked at the discretion of the Chief Immigration Officer but the said surviving or former spouse may, within a period of three months of any revocation, apply for the grant of a Residency Certificate for Persons of Independent Means or a Certificate of Permanent Residence for Persons of Independent Means upon satisfying the requirements of this section. (3) Where an application for a Residency Certificate for Persons of Independent Means or a Certificate of Permanent Residence for Persons of Independent Means has been made within the said period of three months from the date of any revocation, the applicant\u2019s right to reside in the Islands shall continue upon the same terms and conditions of the revoked certificate until the Chief Immigration Officer determines the application.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_36\", \"num\": \"36.\", \"text\": \"Dependants of the holder of a Residency Certificate for Persons of Independent Means or a Certificate of Permanent Residence for Persons of Independent Means 36. (1) The right of a dependent child to reside in the Islands as a dependant shall cease upon his reaching the age of eighteen years unless his parent\u2019s Residency Certificate for Persons of Independent Means or Certificate of Permanent Residence for Persons of Independent Means has been varied to reflect the fact that the dependent child is engaged in full-time tertiary education, or the Chief Immigration Officer is satisfied that there are special circumstances. (2) Where a Residency Certificate for Persons of Independent Means was issued under this Law or any corresponding provision of an earlier Law, the Chief Immigration Officer may vary it. Immigration Law (2015 Revision) (3) A dependent child of the holder of a Residency Certificate for Persons of Independent Means or a Certificate of Permanent Residence for Persons of Independent Means who \u2014 (a) was listed in the original application for the certificate; (b) has attained the age of eighteen years; and (c) is of proven good character and conduct, may apply for permanent residence under section 30. 36A. Revocation of Certificate of Permanent Residence for Persons of Independent Means or Certificate of Permanent Residence for Dependants of Persons of Independent Means 36A. The holder of a Certificate of Permanent Residence for Persons of Independent Means or a Certificate of Permanent Residence for Dependants of Persons of Independent Means may, at the discretion of the Chief Immigration Officer, have his right to reside in the Islands revoked if \u2014 (a) he fails to maintain the required prescribed level of investment in developed real estate in the Islands; or (b) in the opinion of the Chief Immigration Officer, any of the matters referred to in section 38(1)(a) to (j) applies to the holder or his dependants.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_37\", \"num\": \"37.\", \"text\": \"Revocation of Residency Certificate for Persons of Independent Means 37. The holder of a Residency Certificate for Persons of Independent Means or the holder of a Residency Certificate for Retirees acquired under the Immigration Law, 2003 [Law 34 of  2003] may, at the discretion of the Chief Immigration Officer, have the right to reside in the Islands revoked if \u2014 (a) he fails to maintain his financial standing stipulated in section 34; (b) he was not physically present in the Islands for a minimum of thirty days in aggregate in any calendar year; or (c) in the opinion of the Chief Immigration Officer, any of the matters referred to in section 38(1)(a) to (j) applies to the holder. 37A. Certificate of Direct Investment 37A. (1) A person who \u2014 (a) has made or proposes to make, an investment equal to or greater than the minimum prescribed amount in any licensed employment generating business or businesses in the Islands, whether already existing or a new venture, and in which he does or will exercise substantial management control; Immigration Law (b) has a substantial business track record or an entrepreneurial background, including specific professional, technical and other knowledge relevant and necessary to carry on the pertinent business or businesses; and (c) repealed by section 10 of [Law 2 of 2012] (d) can prove \u2014 (i) that he has available to him and under his personal control funds to the value of the proposed investment amount; or (ii) that he has already invested the minimum prescribed sum of money in a licensed employment generating business in the Islands, may apply to the Chief Immigration Officer for a Certificate of Direct Investment but such Certificate shall not confer any right to a licence under the Local Companies (Control) Law (2007 Revision) or the Trade and Business Licensing Law (2007 Revision). (2) Where the Chief Immigration Officer is satisfied that \u2014 (a) the applicant and his spouse (where applicable) have a clean criminal record; (b) the applicant, his spouse and dependent children (where applicable) are in good health and possess adequate health coverage; and (c) the applicant has provided satisfactory evidence with respect to subsection (1), he may, taking into account the views of the Department of Commerce and Investment, issue an Approval-in-Principle Certificate of Direct Investment valid for six months. (3) Where before the expiry of the Approval-in-Principle Certificate of Direct Investment the applicant can demonstrate that he has made the investment proposed and has obtained all required licences, then the Chief Immigration Officer may, upon receipt of the prescribed fees, and having taken into account the views of the Department of Commerce and Investment, issue a Certificate of Direct Investment valid for twenty-five years renewable on application and at the discretion of the Chief Immigration Officer. (4) Where a Certificate has been issued under subsection (3) the holder is required to submit to the Chief Immigration Officer audited financial statements and details of the employment that has been generated at the end of the second and fifth year of his investment and at any time thereafter upon request by the Chief Immigration Officer. (5) A Certificate issued under subsection (3) shall entitle the holder \u2014 (a) to reside in the Cayman Islands; and Immigration Law (2015 Revision) (b) to work in the business or businesses in which he has invested for the purpose of obtaining the Certificate in an occupation or in occupations approved by the Chief Immigration Officer. (6) The spouse and dependent children (where applicable) of the holder of a Certificate of Direct Investment shall be granted a Direct Investment Holder\u2019s (Dependant\u2019s) Certificate, the holder of which is permitted, subject to this section, to reside in the Cayman Islands. (7) Upon the death of the holder of a Certificate of Direct Investment or upon the dissolution of the marriage, the right of the dependant spouse to reside in the Islands may be revoked at the discretion of the Chief Immigration Officer but the said surviving spouse may within a period of three months of any revocation apply for the grant of a Certificate of Direct Investment upon satisfying the requirements of this section. (8) Where an application for a Certificate of Direct Investment has been made within the said period of three months from the date of the revocation, the applicant\u2019s right to reside in the Islands shall continue upon the same terms and conditions until the Chief Immigration Officer determines the application. (9) The right of a dependent child to reside in the Islands as a dependant shall cease upon reaching the age of eighteen years unless his parent\u2019s Certificate of Direct Investment has been varied to reflect the fact that the dependent child is engaged in full-time tertiary education, or the Chief Immigration Officer is satisfied that there are special circumstances. (10) Where there is a change in the number of children who are dependants of the holder of a Certificate of Direct Investment or where he marries, divorces subsequent to the issue of the Certificate, or changes his occupation within the business or businesses, he shall so inform the Chief Immigration Officer of the fact and the Chief Immigration Officer may amend the Certificate accordingly and subject to such conditions as he may, in his absolute discretion, determine. (11) When paying the prescribed fee the holder shall also submit a declaration signed by him confirming that \u2014 (a) he has provided to the Chief Immigration Officer audited financial statements pertaining to his investments at the required intervals; (b) he maintains the prescribed level of investment; (c) none of his business licences has been revoked; (d) he was physically present in the Islands for a minimum of ninety days in aggregate in the preceding calendar year; and (e) the business or businesses are complying with the prescribed employment generating requirements. Immigration Law 37B. Revocation of Certificate of Direct Investment 37B. The holder of a Certificate of Direct Investment may at the discretion of the Chief Immigration Officer have his right to reside in the Islands revoked if \u2014 (a) he fails to provide audited financial statements pertaining to his investments at the required intervals or when requested by the Chief Immigration Officer; (b) he fails to maintain the required prescribed level of financial investment; (c) any of his business licences has been revoked; (d) he was not physically present in the Islands for a minimum of ninety days in aggregate in any calendar year; (e) the business or businesses in which the investments are made cease to be employment generating; (f) he fails to pay the prescribed fees in respect of himself or his dependants; or (g) in the opinion of the Chief Immigration Officer, any of the matters referred to in section 38(1)(a) to (j) applies to the holder or his spouse. 37C. Certificate for Specialist Caregivers 37C. (1) The employer or former employer of a person who meets the criteria contained in subsection (2) may apply to the Work Permit Board or the Chief Immigration Officer for the grant or renewal of a Certificate for Specialist Caregivers in respect of that person. (2) The criteria mentioned in subsection (1), in respect of a person\u2019s eligibility for employment under a Certificate for Specialist Caregivers, are as follows \u2014 (a) (i) the person shall hold a final work permit; (ii) where the person held a final work permit which has expired, the application for employment under a Certificate for Specialist Caregivers may be made if the person is otherwise legally resident in the Islands; (iii) where the person held a final work permit which has expired and the person has departed the Islands, the application for employment under a Certificate for Specialist Caregivers shall be made within one year from the date of that departure; (iv) the person holds permission granted under section 52(4); or (v) where the person held permission granted under section 52(4) which has expired, the application for employment under a Certificate for Specialist Caregivers may be made if the person is otherwise legally resident in the Islands or remains in the Islands on the basis of permission granted under section 67, Immigration Law (2015 Revision) and in relation to subparagraphs (i) to (v), such final work permit or permission is or was for employment by an employer (including, the Government or a nursing home approved by the Cabinet) as a domestic helper, nurse or nanny, or in some other care giving capacity; (b) the person is or was employed with the employer or former employer making the application, as a domestic helper, nurse or nanny, or in some other care giving capacity, for at least three years immediately before the permission to be employed in that capacity terminated; (c) the person is or was employed for the purpose of caring for a sick person, elderly person or person with a disability; and (d) the person is in good health and possesses health insurance coverage. (3) Where, having received an application under subsection (1), the Work Permit Board or the Chief Immigration Officer, as the case may be, is satisfied that the criteria in subsection (2) are met, the Work Permit Board or the Chief Immigration Officer, having regard to the criteria contained in section 44(3) may, upon payment of the prescribed fee, issue a Certificate for Specialist Caregivers, valid for five years, to take effect upon the expiry of the employee\u2019s final work permit or permission granted under section 52(4) or, in the event that the employee\u2019s final work permit or permission granted under section 52(4) has expired, upon the date of the decision of the Board or the Chief Immigration Officer; and such Certificate shall be renewable for a period of five years, on application to the Board or the Chief Immigration Officer and upon payment of the prescribed fee, if the criteria contained in subsection (2) remain satisfied. (4) Upon the issue of a Certificate for Specialist Caregivers, the name of the person being cared for shall be inscribed on the Certificate. (5) A Certificate for Specialist Caregivers shall entitle the employee named in it to continue to work, or return to work, for the employer with whom the employee has been, or was, employed prior to the expiry of the employee\u2019s final work permit or permission granted under section 52(4) in the capacity of a domestic helper, nurse or nanny or in any other care giving capacity, caring for the sick person, elderly person or person with a disability named in the Certificate. (6) Where, during the currency of any final work permit or permission granted under section 52(4), an application had been made to the Work Permit Board or to the Chief Immigration Officer \u2014 (a) for the grant of a Certificate for Specialist Caregivers where the applicant is eligible to make such an application; or (b) for the renewal of a Certificate for Specialist Caregivers prior to the expiry of the current Certificate, then, if such application \u2014 Immigration Law (i) has not yet been determined by the Work Permit Board or the Chief Immigration Officer; or (ii) has been refused by the Work Permit Board or the Chief Immigration Officer and that refusal has been appealed under section 15 to the Immigration Appeals Tribunal within the prescribed time for doing so, notwithstanding the fact that the final work permit, permission granted under section 52(4) or the Certificate for Specialist Caregivers has expired, it shall not be an offence for the employee to whom the application relates to continue to be engaged in gainful occupation on the same terms and conditions of the final work permit, the permission granted under section 52(4) or the Certificate for Specialist Caregivers while awaiting a notification of the determination of the application or appeal. (7) A Certificate for Specialist Caregivers shall not confer any rights on the employee\u2019s spouse or dependants with respect to residence and employment rights in the Islands. (8) Where during the currency of a Certificate for Specialist Caregivers, the employer who is the holder of the Certificate dies or is no longer capable of holding the Certificate, the Certificate may be transferred at the discretion of the Work Permit Board or the Chief Immigration Officer to another competent holder provided that the employee will continue to care for the same sick person, elderly person or person with a disability named in the Certificate. (9) An application for the renewal of a Certificate for Specialist Caregivers, where the applicant was eligible to make such application, may be refused and a Certificate may be revoked by the Work Permit Board or the Chief Immigration Officer if \u2014 (a) the employee named in the Certificate ceases to be employed by the employer named in the Certificate; (b) the person named in the Certificate as being the employer dies or becomes in the opinion of the Work Permit Board or the Chief Immigration Officer no longer capable of holding the Certificate; (c) the person named in the Certificate as being cared for dies or ceases to be a sick person or a person with a disability; or (d) in the opinion of the Work Permit Board or the Chief Immigration Officer, any of the matters referred to in section 38(1)(a), (c), (d), (e), (f), (g), (h), (k) or (n) applies to the employee named in the Certificate. (10) Where the employment arrangement between the employee and the employer who is the Certificate holder ceases or the Certificate holder or the person named in the Certificate as being cared for dies or ceases to be a sick person or a person with a disability, it shall be the duty of the employee named in the Immigration Law (2015 Revision) Certificate or the employer who is the Certificate holder, as the case may be, to inform the Board or the Chief Immigration Officer within thirty days of the cessation or the death or the change in circumstances with respect to the person being cared for, and failure to do so is an offence for which both the Certificate holder and the employee named in the Certificate, as the case may be, shall be liable. (11) Upon the expiry of a Certificate for Specialist Caregivers and where no application is made for its renewal, or such application is not permitted to be made, or an application is made but is refused and no appeal has been made, the employee named in the Certificate shall leave the Islands unless the employee is allowed to remain under some other provision of this Law, and neither the Board nor the Chief Immigration Officer shall grant or renew a work permit for the employee for not less than one year after the employee has left the Islands. 37D. Residency Certificate (Substantial Business Presence) 37D. (1) A person who is or proposes to be legally and ordinarily resident in the Islands for a minimum period of ninety days in each calendar year and who \u2014 (a) owns, or proposes to own, either directly or indirectly, a minimum of ten percent of the shares in an approved category of business in the Islands through which he has established, or will establish, a substantial business presence in the Islands; or (b) proves to the satisfaction of the Chief Immigration Officer that he is or will be employed in a senior management capacity of an approved category of business in the Islands, may apply to the Chief Immigration Officer for a Residency Certificate (Substantial Business Presence) but such Certificate shall not confer any right to a licence under the Local Companies (Control) Law (2007 Revision) or the Trade and Business Licensing Law (2007 Revision). (2) For the purposes of this section, the expressions \u201capproved category of business\u201d, \u201csenior management capacity\u201d and \u201csubstantial business presence\u201d shall have the meanings ascribed to them in the Regulations. (3) Where the Chief Immigration Officer is satisfied that \u2014 (a) the applicant and his spouse (where applicable) have a clean criminal record; (b) the applicant, his spouse and dependent children (where applicable) are in good health and possess adequate health insurance coverage; and (c) the applicant has provided satisfactory evidence with respect to subsection (1), Immigration Law he may, taking into account the views of the Department of Commerce and Investment \u2014 (i) in the case of an applicant who proposes to become a shareholder in an approved category of business as referred to in subsection (1)(a) but does not meet the shareholding or substantial business presence requirements or has not yet obtained all required licences, issue an Approval-in-Principle Residency Certificate (Substantial Business Presence) valid for six months; or (ii) in the case of an applicant under subsection (1)(b), or an applicant under subsection (1)(a) who already meets the shareholding and substantial business presence requirements, or the holder of an unexpired Approval-in-Principle Residency Certificate (Substantial Business Presence) who now meets all shareholding and substantial business presence requirements and has obtained all required licences, issue a Residency Certificate (Substantial Business Presence) valid for twenty-five years. (4) A Certificate issued under subsection (3)(ii) shall be renewable on application and at the discretion of the Chief Immigration Officer. (5) A Certificate issued under subsection (3) shall entitle the holder \u2014 (a) to reside in the Cayman Islands; and (b) to work in the business in which he is an owner or is employed in a senior management capacity in an occupation approved by the Chief Immigration Officer. (6) The spouse and dependent children (where applicable) of the holder of an Approval-in-Principle Residency Certificate (Substantial Business Presence) shall be granted a Substantial Business Presence (Dependant\u2019s) Certificate, the holder of which is permitted, subject to this section, to reside in the Islands. (7) Upon the death of the holder of an Approval-in-Principle Residency Certificate (Substantial Business Presence) or a Residency Certificate (Substantial Business Presence) or upon the dissolution of his marriage, the right of the dependent spouse to reside in the Islands shall cease after a period of one year from the date of the death or the dissolution unless \u2014 (a) the spouse can demonstrate to the satisfaction of the Chief Immigration Officer that he can support himself and any dependent children without having to become gainfully occupied in the Islands; or (b) the holder is granted permission to remain under any other provision of this Law. (8) The right of a dependent child to reside in the Islands as a dependant shall cease upon completion of his full time tertiary education or when he reaches Immigration Law (2015 Revision) the age of twenty-four years, whichever happens earlier, unless the Chief Immigration Officer is satisfied that there are special circumstances. (9) Where there is a change in the number of children who are dependants of the holder of a Certificate issued under this section or where he marries or divorces subsequent to the issue of the Certificate, or changes his occupation within the business, he shall so inform the Chief Immigration Officer of the fact and the Chief Immigration Officer may amend the Certificate accordingly and subject to such conditions as he may, in his absolute discretion, determine. (10) When paying the prescribed annual fee the holder shall also submit a declaration signed by him confirming that \u2014 (a) his permission to operate or work in the business has not been lost as a result of the revocation or non-renewal of a required licence; and (b) he was physically resident in the Islands for a minimum of ninety days in aggregate in the preceding calendar year. (11) The holder of a Certificate issued under this section may at the discretion of the Chief Immigration Officer have his right to reside in the Islands revoked if \u2014 (a) his ability to operate or work in the business to which the Certificate relates is lost as a result of the revocation or non-renewal of a required licence; (b) he was not physically resident in the Islands for a minimum of ninety days in aggregate in any calendar year; (c) the business in relation to which the certificate was granted no longer exists; (d) he ceases to comply with the provisions of subsection (1); (e) he fails to pay the prescribed fees in respect of himself or his dependants within thirty days of the due date; or (f) in the opinion of the Chief Immigration Officer, any of the matters referred to in section 38(1)(a) to (j) applies to the holder or his spouse.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_38\", \"num\": \"38.\", \"text\": \"General provisions relating to loss of permanent residency 38. (1) The Board or the Chief Immigration Officer may, in respect of any person who has been granted permission to reside permanently in the Islands, revoke such permission where \u2014 (a) he organises or engages in subversive political activity, or organises, causes or promotes racism within the Islands or elsewhere; (b) the Board or the Chief Immigration Officer is satisfied that the information given in his application for permission to remain permanently in the Islands was false in a material particular or concealed a material fact; Immigration Law (c) he has been convicted of an offence against the laws of the Islands; (d) he has been convicted of an offence under the laws of another country, the nature of which offence would, in the opinion of the Board or the Chief Immigration officer make his continued presence in the Islands contrary to the public interest; (e) he becomes destitute; (f) he becomes mentally disordered or mentally defective as defined in the Mental Health Law, 2013 [Law 10 of 2013]; (g) he is medically certified to be suffering from a communicable disease that makes his continued residence in the Islands dangerous to the community; (h) he is reasonably believed \u2014 (i) to be a prostitute and to have come to the Islands for the purpose of prostitution; or (ii) to be living on, or receiving the proceeds of prostitution; (i) he fails to maintain the level of financial investment stated in his application for permission to remain permanently in the Islands; (j) he fails to make the annual declaration in respect of himself, his dependants, and other prescribed matters, as required by section 30(13); (k) he is or has been working in an occupation not specified in his Certificate; (l) either the Board or the Chief Immigration Officer is of the opinion that he is no longer supporting, or able to support, a dependant previously included in the grant of permanent residence; (m) he is delinquent, for a period of more than ninety days, with respect to the payment of prescribed fees relating to the right to reside permanently in the Islands; (n) he is deemed by the Cabinet to be an undesirable inhabitant of the Islands; or (o) he has been ordinarily resident outside the Islands continuously for a period of one year or more. (1A) The offence referred to in subsection (1)(d) must have been an offence that would be recognised as an offence in the Islands. (2) Where the substantive holder of permanent residence loses his right to permanent residence under this Law, a person who had acquired permanent residence and a Residency and Employment Rights Certificate by virtue of his being a dependant of the substantive holder, shall be allowed to make representations to the Board or the Chief Immigration Officer on its or his own behalf as to why he should not lose his right to permanent residence and the Immigration Law (2015 Revision) Board or the Chief Immigration Officer in its or his discretion shall determine the matter.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_39\", \"num\": \"39.\", \"text\": \"Qualification for legal and ordinary residence in Part IV 39. In relation to the qualification for legal and ordinary residence referred to in this Part \u2014 (a) where any question arises as to whether a person was or was not, during any material period, legally and ordinarily resident in the Islands, such questions shall be decided by the Board or the Chief Immigration Officer; and (b) nothing in this subsection shall have effect so as to preclude any person from appealing to the Immigration Appeals Tribunal under section 15 on the grounds that the Board or the Chief Immigration Officer came to the wrong decision on the question of whether during any material period he was or was not legally and ordinarily resident in the Islands. PART V - Gainful Occupation of Non-Caymanians\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_40\", \"num\": \"40.\", \"text\": \"Persons exempted 40. (1) This Part does not apply to \u2014 (a) (i) a person employed by the Government of the Islands in respect of his employment; (ii) a person employed in the Islands by the Government of the United Kingdom; (iii) a consular officer and his staff; (iv) an accredited representative or agent of a government of any part of the Commonwealth; or (v) a member of Her Majesty\u2019s armed forces; (b) any person who may, from time to time, be declared by the Governor to be exempt for any purpose either unconditionally or subject to such conditions as may be prescribed; (c) a member of the crew of any vessel that does not operate full-time in the Islands, while engaged in his duties as such; (d) the beneficial owner of up to two units of property whose lawful presence in the Islands is to facilitate rental or lease arrangements in respect of those units and whose spouse does not own, operate or have an interest in those units; or (e) such other class or classes of persons as may, from time to time, be prescribed. Immigration Law (2) A certificate issued by the Governor, acting in his discretion, shall be final in determining whether or not a person falls within one of the categories (i) to (v) referred to in paragraph (a) of subsection (1). 40A. Provisions not applicable to special economic zone developer and special economic zone enterprise 40A. Sections 44(2)(b) - (c), (3)(b) - (c) and (4), 45, 46, 48(10)(f) and 51 shall not apply in the case where the employer is a special economic zone developer or a special economic zone enterprise operating in a special economic zone for which a career development bureau has been established.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_41\", \"num\": \"41.\", \"text\": \"Who may be gainfully occupied 41. (1) Subject to subsection (2), no person shall carry on gainful occupation in the Islands unless \u2014 (a) he is Caymanian; (b) he has acquired permanent residence with a right to work under this or any earlier law; (c) he has acquired the right to reside and to work in the Islands as a result of the issue of a Residency and Employment Rights Certificate; (ca) he is authorised to do so by a visitor\u2019s work visa granted under this Law; (d) he is authorised to do so by a work permit granted under this or any earlier law; or (e) he is a person entitled to work under any other provision of this Law. (2) No person shall carry on gainful occupation in the Islands, in respect of any restricted area of employment, unless \u2014 (a) he is Caymanian; (b) at the date of commencement of the Immigration (Amendment) Law, 2013, he is a key employee in a restricted area of employment; (c) he has acquired permanent residence with a right to work under this or any earlier Law; (d) he has acquired the right to remain and to work in the Islands as a result of the issue of a Residency and Employment Rights Certificate; (e) he is the parent of a Caymanian under the age of eighteen; (f) he is the holder of a work permit issued under section 31(7) or issued in accordance with a quota fixed by the Cabinet under section 46(A)(2); (g) he is a person whose employment under a temporary work permit is, in the opinion of the Chief Immigration Officer, justified due to exceptional circumstances; or Immigration Law (2015 Revision) (h) he is a person whose employment (otherwise than under a temporary work permit) is, in the opinion of the Work Permit Board, the Business Staffing Plan Board or the Cayman Brac and Little Cayman Immigration Board, justified due to exceptional circumstances, but where, at the date of commencement of the Immigration (Amendment) Law, 2013 [Law 12 of 2013], in respect of such person \u2014 (i) a work permit is in force, he may continue to work under the terms and conditions of the permit until its expiration; or (ii) an application for a work permit was received but did not come before the Work Permit Board, the Business Staffing Plan Board, the Cayman Brac and Little Cayman Immigration Board or the Chief Immigration Officer until after that date, then the relevant Board or the Chief Immigration Officer, as the case may be, shall give consideration to such application using the law that was in effect immediately before that date.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_42\", \"num\": \"42.\", \"text\": \"Application for work permit 42. (1) In this Part, unless the context otherwise requires, a reference to the Chief Immigration Officer in relation to the granting or renewal of work permits shall be construed as including a reference to anyone specifically designated by him to perform those duties. (2) All or any of the powers conferred upon the Chief Immigration Officer under subsection (5) may be delegated by him to any members of his staff. (3) A person who seeks to be self-employed or a prospective employer of any person may apply for a work permit or the renewal thereof \u2014 (a) to the Work Permit Board, the Business Staffing Plan Board or the Chief Immigration Officer, as the case may be, where the application is for gainful occupation in Grand Cayman; or (b) to the Cayman Brac and Little Cayman Immigration Board where the application is for gainful occupation in Cayman Brac or Little Cayman. (4) An application for the grant or renewal of a work permit or a Term Limit Exemption Permit shall be in the prescribed form and accompanied by \u2014 (a) the administrative filing fee, the work permit fee and where applicable the dependant fee and repatriation fee and such documentary evidence as may be prescribed; and (b) a written undertaking by the worker to submit to being fingerprinted and to the fingerprints being recorded electronically. (5) Notwithstanding anything contained in this Law, the Chief Immigration Officer or his designate shall process applications and otherwise make determinations in respect of \u2014 Immigration Law (a) the grant or renewal of a work permit or a Term Limit Exemption Permit; (b) the grant of a work permit under section 52(10); (c) the grant of a final (non-renewable) work permit where permanent residence has been refused and an appeal against such refusal has not been lodged; and (d) an amendment to a work permit. (6) For the avoidance of doubt the Chief Immigration Officer or his designate may amend but may not grant or renew a Business Staffing Plan. (7) A delegation under subsection (2) \u2014 (a) shall be in writing or if made orally shall be reduced to writing as soon as possible afterwards; (b) may be made subject to such limitations and conditions as are specified in the instrument of delegation; and (c) may be revoked at any time by the grantor. (8) Where the Chief Immigration Officer or his designates entertain an application under subsection (3) or section 53, it shall be his or their responsibility, as the case may be, to record and keep all minutes of the meetings and proceedings, including decisions taken.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_43\", \"num\": \"43.\", \"text\": \"Application of certain sections to Cayman Brac and Little Cayman Immigration Board 43. In performing the functions of granting or renewing work permits, sections 44, 46A, 48, 55 and 56 with necessary amendments shall be construed as applying also to the Cayman Brac and Little Cayman Immigration Board.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_44\", \"num\": \"44.\", \"text\": \"Consideration of application for work permit by Board or Chief Immigration Officer 44. (1) 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 \u2014 (a) shall, in respect of an application for a grant; or (b) 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). (2) In relation to the prospective employer, that \u2014 (a) he has demonstrated his genuine need to engage the services of the prospective worker; Immigration Law (2015 Revision) (b) 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 \u2014 (i) a Caymanian; (ii) the spouse of a Caymanian; (iii) the holder of a Residency and Employment Rights Certificate; and (iv) a person legally and ordinarily resident in the Islands who is qualified and willing to fill the position; (c) 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 (d) 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. (3) In relation to the worker \u2014 (a) his character, reputation and health, and where relevant, the character, reputation and health of his dependants; (b) his professional and technical qualifications and his experience and competence to undertake the position applied for; (c) the economic and social benefits which he may bring to the Islands; (d) 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; (e) his facility in the use of the English language; and (f) the location, type and suitability of the accommodation available for the worker and his dependants, if any, throughout the term of the work permit. (4) Generally \u2014 (a) 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); (b) the availability of the services of a suitable person already legally and ordinarily in the Islands; and (c) 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. Immigration Law (5) A person who, when making an application under section 42 to the Board or the Chief Immigration Officer, wilfully \u2014 (a) 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 (b) 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. (6) General directions given under this section shall be published in the Gazette.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_45\", \"num\": \"45.\", \"text\": \"Business Staffing Plan 45. (1) Every company, firm or other business enterprise which \u2014 (a) has carried on business for six months or more on or after the 1st January, 2004; and (b) 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. (2) 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. (3) 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. (4) 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. (5) Subject to subsection (6), neither the Work Permit Board, the Cayman Brac and Little Cayman Immigration Board nor the Chief Immigration Officer may Immigration Law (2015 Revision) 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\u2019s 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. (6) 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. (7) 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. (8) 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\u2019s 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).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_46\", \"num\": \"46.\", \"text\": \"Responsibility of the Board in processing applications for professional employees 46. In considering an application for a work permit for a professional employee, the Work Permit Board, the Business Staffing Plan Board or the Chief Immigration Officer, as the case may be, shall \u2014 (a) consult with the appropriate authority; Immigration Law (b) have regard to the expressed views of the appropriate authority in respect of the requirements in the Islands of professional employees in the particular profession; (c) notify the appropriate authority of the details of every work permit applied for, whether granted or not; (d) not, except in exceptional circumstances, grant a work permit to a person wishing to enter into self employment as a professional employee; and (e) not grant a work permit to a professional employee unless \u2014 (i) the appropriate authority has satisfied the Board that the applicant has applied for and been granted registration or such other approval, consent or permission as may be required under the relevant law, as a practitioner in his field; and (ii) he is legally and ordinarily resident in the Islands or intends to be so legally and ordinarily resident. 46A. Restricted areas of employment 46A. (1) The Cabinet may, by Order, designate certain professions, trades, businesses, occupations, vocations and types of employment, as restricted areas of employment for the purposes of section 41(2) but an Order made under this subsection has no effect unless it is subsequently ratified by the Legislative Assembly. (2) The Work Permit Board, the Business Staffing Plan Board or the Cayman Brac and Little Cayman Immigration Board, as the case may be, shall in respect of restricted areas of employment, grant or renew work permits in accordance with a quota to be fixed by the Cabinet, which quota shall be gazetted.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_47\", \"num\": \"47.\", \"text\": \"Employers in need of domestic helpers 47. The Board or the Chief Immigration Officer, as the case may be, shall give priority to employers who show a special need for work permits for domestic helpers.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_48\", \"num\": \"48.\", \"text\": \"Grant or refusal of work permit 48. (1) Subject to section 52, the Board or the Chief Immigration Officer in considering an application under section 42 may \u2014 (a) refuse an application for a work permit; or (b) grant such an application with or without limitations or conditions. (2) 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 \u2014 Immigration Law (2015 Revision) (a) five years to domestic helpers, teachers, doctors, nurses and ministers of religion; (b) five years to workers for positions authorised by the Board in a Business Staffing Plan Certificate; (c) 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 (d) 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. (3) 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\u2019s fingerprints. (4) 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. (5) 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). (6) 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. (7) 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). (8) 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 Immigration Law 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. (9) 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. (10) 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 \u2014 (a) that there is refusal or inability on the part of the applicant and his spouse, if relevant, to properly support his dependants; (b) that there are reasonable grounds for suspecting that the applicant uses or is involved in illegal drugs; (c) that the applicant has a background of subversive political activity, racism or any illegal activity; (d) 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; (e) 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; (f) 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; (g) that the applicant is in the Islands as a tourist visitor or as the holder of a visitor\u2019s work visa; (h) that the Board or the Chief Immigration Officer considers that the applicant has not fully met any of the applicable requirements of section 44; (i) 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; (j) 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 Immigration Law (2015 Revision) 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 (k) that the applicant failed to give the written undertaking referred to in section 42(4)(b). (11) Prior to the revocation of, or refusal to renew, a work permit \u2014 (a) all objections shall be considered; (b) 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; (c) an inquiry shall be made into the applicant; and (d) 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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_49\", \"num\": \"49.\", \"text\": \"Key employees 49. (1) 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. (2) 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\u2019s application to designate the worker as a key employee under subsection (4). (3) Repealed by section 32 of [Law 23 of 2013] (4) 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 \u2014 (a) 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; Immigration Law (b) 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; (c) 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; (d) his absence from the Islands will cause serious hardship to his employer, to Caymanians, or be detrimental to the Islands; (e) his business contacts are, or will be, of importance to the continued success of the business or its contribution to the Islands; (f) there exist other economic or social benefits to the Islands by virtue of securing or retaining his specialist skills or expertise; or (g) 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. (5) 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 \u2014 (a) by any findings under section 44(4)(a), or section 48(9) and (10); or (b) 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. (6) Repealed by section 32 of [Law 23 of 2013] (7) 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. (8) Repealed by section 32 of [Law 23 of 2013]\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_50\", \"num\": \"50.\", \"text\": \"Change of employer 50. During the currency of a work permit, the holder of that permit may not change his employer unless \u2014 Immigration Law (2015 Revision) (a) the Board, including the Cayman Brac and Little Cayman Immigration Board, or the Chief Immigration Officer believes there are special circumstances; or (b) the circumstances of his employment are within a description or class of descriptions specified in a direction made by the Cabinet.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_51\", \"num\": \"51.\", \"text\": \"Prohibition against unauthorised promotion or re-designation 51. During the currency of a work permit, the holder of that permit may not be promoted or re-designated without having applied for and received the approval of the Board or the Chief Immigration Officer, and the Board or the Chief Immigration Officer in considering the application \u2014 (a) shall be satisfied that the employer has complied with the requirements of the Business Staffing Plan, if any; and (b) shall have regard to the effect that such promotion or re-designation would have on the opportunity for advancement to that level of qualified Caymanians already engaged in the same profession or capacity within that business enterprise.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_52\", \"num\": \"52.\", \"text\": \"Term limits 52. (1) Subject to subsections (4), (6), (8), (10) and (11) the term limit of a worker shall be nine years, whether or not he is a key employee, in any case commencing with \u2014 (a) the date on which the worker first entered the Islands, if the worker first entered the Islands as a work permit holder; or (b) the date on which the worker is granted a work permit, if the worker first entered the Islands as a tourist visitor, whether such permits are granted and held continuously or not, and upon the expiration of his term limit, the worker shall leave the Islands and neither the Board nor the Chief Immigration Officer shall grant or renew a work permit for him until he has ceased to hold a work permit for not less than one year after he has left the Islands. (2) A worker who leaves the Islands before the expiration of his term limit and who has ceased to hold a work permit for not less than one year, may apply for and be granted a new work permit and shall thereupon have a new term limit as provided for in subsection (1). (3) Where a worker has left the Islands prior to the expiration of his term limit and has ceased to hold a work permit but either he or his employer wishes to apply for a new work permit prior to his having ceased to hold a work permit for one year or more, then the worker or his employer may apply for and be granted new work permits but his term limit shall remain as if his employment had not been interrupted, save that should he return after the commencement of the Immigration Law Immigration (Amendment) (No. 2) Law, 2013[Law 23 of 2013]  his term limit shall be as stated in subsection (1) and, upon the expiration of such term limit, he shall be subject to the provisions of subsection (1) unless he is allowed to remain under some other provision of the Law. (4) Subject to subsection (5), where a person is eligible to apply and has applied for permission to reside permanently in the Islands under section 30 during the currency of a work permit, a Term Limit Exemption Permit or whilst working by operation of law under section 52A(11) he may apply to the Chief Immigration Officer for permission \u2014 (a) to continue working on the same terms that applied to the work permit, the Term Limit Exemption Permit or those that applied to his working by operation of law; or (b) to work for a different employer but in the same occupation as that in which he was authorised to work at the time of making the application, and such permission may be granted or renewed until such time as his application or any appeal arising from it is determined. (5) Any permission granted under subsection (4) may be varied by the Chief Immigration Officer to add or remove a dependant or may be revoked on any of the grounds listed under section 48(10). (6) A person who intends to work by operation of law under section 49(2) or 52A (11) shall first submit, or cause to be submitted, his passport to the Immigration Department and his employer shall pay annually all fees that would have been paid in respect of the person had he continued to be employed on a work permit and thereupon his passport shall be endorsed acknowledging him to be working by operation of law. (7) A person who fails to comply with subsection (6) commits an offence. (8) A person working under permission granted under subsection (4) shall, in the event that his application for permission to reside permanently in the Islands has been unsuccessful and no appeal has been filed within the time allowed for doing so or having been filed has been unsuccessful and all further appeals have been exhausted and in either event his term limit has expired, be entitled to continue receiving permission under subsection (4) for a period not exceeding ninety days from the date of the communication to him of such refusal or the determination of any appeal or proceedings arising therefrom, whichever shall be the later, and after such period expires he shall leave the Islands and neither the Board nor the Chief Immigration Officer shall issue or renew a work permit for him until he has ceased to hold a work permit for not less than one year thereafter. (9) A person who, as an approved dependant, accompanies to the Islands a worker or employee \u2014 Immigration Law (2015 Revision) (a) of the Government of the Islands; or (b) of the Government of the United Kingdom, in the Islands, may himself become a worker but his term limit shall be deemed to have commenced on the date on which he was first within the Islands as an approved dependant and he shall be thereafter subject to the provisions of this section as if he had first entered the Islands as a worker. (10) A person \u2014 (a) who is married to \u2014 (i) a worker; (ii) a person employed by the Government of the Islands; (iii) a person employed by the Government of the United Kingdom, in the Islands; (iv) a person employed by any statutory authority or Government owned company, the employees of which are by law not required to hold work permits; or (v) a person who is working by operation of law under section 49(2) or 52A(11), or with the permission granted under subsection (4) or (8), and whose right to work in the Islands will expire before that of his spouse; (b) whose marriage is in the opinion of the Board or the Chief Immigration Officer not a marriage of convenience; (c) who is not living apart from his spouse under a decree of a competent court or under a deed of separation; and (d) who has not lived apart from his spouse for an aggregate period of three months out of the twelve months immediately preceding the application for the grant in circumstances which, in the opinion of the Board or the Chief Immigration Officer, have led it to conclude that the marriage has broken down, may, during the currency of the spouse\u2019s work permit or contract of employment with the Government of the Islands or with the Government of the United Kingdom in the Islands or in the period during which his spouse is working by operation of law under section 49(2), 52A(12) or with permission granted under subsection (4) or (8), apply for the grant of a work permit or the renewal of an existing work permit; and the Board or the Chief Immigration Officer may grant the application for a period not exceeding that of the spouse\u2019s work permit or any renewal thereof or of his contract of employment as aforesaid or of the period for which his spouse is working by operation of law or under permission granted under subsection (4) or (8). (11) A person working under subsection (10) whose spouse is granted permanent residence under section 30 and who has applied for a Residency and Immigration Law Employment Rights Certificate as the spouse of a permanent resident under section 30(16) will not lose his right to work and may continue to be granted work permits until the final determination of his application where that application was submitted within ninety days of the grant of his spouse\u2019s permanent residence. (12) Where a work permit has been granted to a worker under subsection (10) and his spouse ceases to have the right to work and is required to leave the Islands, the work permit granted shall automatically terminate on the date on which his spouse ceases to have the right to work and the worker shall himself leave the Islands and not be entitled to the grant or renewal of any further work permits until he has ceased to hold a work permit for not less than one year after he has left the Islands. (13) The Board or the Chief Immigration Officer, in calculating under subsection (10)(d), the period of time that an applicant has spent apart from his spouse, shall not take into account those occasions when either spouse\u2019s absences were because of medical, educational, business, vacation or other analogous circumstances. (14) On the grant or renewal of a work permit, the Board or the Chief Immigration Officer shall notify the worker and his employer of the worker\u2019s term limit and its expiration date for the purposes of this Law. (15) For the avoidance of doubt, subsection (1) does not apply to a person who had and continues to have, his normal place of work and abode for the time being outside the Islands and who enters the Islands to work on a temporary work permit for a specific purpose or occasion only and leaves the Islands at the conclusion thereof or upon the expiration of the temporary work permit, whichever first occurs, including \u2014 (a) legal counsel acting in any matter whether before a court in the Islands or otherwise; (b) visiting doctors or other specialists in the medical field; (c) skilled specialist tradesmen; (d) travelling salesmen; or (e) other persons in similar circumstances. (16) For the avoidance of doubt a worker who was subject to a term limit of seven years and who left the Islands upon the expiry of such term limit prior to the commencement of the Immigration (Amendment)(No. 2) Law, 2013 without applying for any right contained in this Law to remain beyond the expiry of his term limit, shall not be entitled to return to the Islands and hold any further work permits on the basis of the term limit now provided for under subsection (1) until he has completed a break in stay of at least one year from the date of his departure. Immigration Law (2015 Revision) (17) Subsection (16) does not apply to a person who, prior to the commencement of the Immigration (Amendment) (No. 2) Law, 2013 was a key employee and who \u2014 (a) ceased to be a key employee after the end of his seventh year but before becoming eligible to apply for the right to reside permanently under section 30; and (b) at the commencement of that Law was no longer residing in the Islands. 52A. Term Limit Exemption Permit 52A. (1) Notwithstanding section 52 and subject to the provisions of this section an employer or prospective employer may, in respect of any person \u2014 (a) whose final work permit expired after the appointed date and who had not applied for permanent residence prior to such expiry; or (b) who, at the appointed date is working by operation of law having applied for key employee designation and such application is subsequently refused, apply to the Work Permit Board, the Business Staffing Plan Board or the Chief Immigration Officer, as the case may be, for the grant of a Term Limit Exemption Permit. (2) In considering an application for the grant or renewal of a Term Limit Exemption Permit the relevant Board or the Chief Immigration Officer, as the case may be, shall have regard to the provisions of section 44. (3) A Term Limit Exemption Permit granted under this section shall be for a period of one year from the appointed date and may be renewed upon application for a further period not exceeding the cut-off date. (4) Repealed by section 35 of [Law 23 of 2013] (5) A Term Limit Exemption Permit granted under this section may be granted for employment with any employer. (6) Repealed by section 35 of [Law 23 of 2013] (7) An application for the grant of a Term Limit Exemption Permit may be refused, and a Term Limit Exemption Permit may be revoked in the same manner and on the same grounds as are applicable in the case of the refusal or revocation of a work permit. (8) Where a worker\u2019s Term Limit Exemption Permit has been revoked within six months of its issue, the employer shall be entitled to a refund of fifty percent of the annual fee. (9) A person aggrieved by, or dissatisfied with, the decision of the Board or the Chief Immigration Officer, as the case may be, in respect of a Term Limit Immigration Law Exemption Permit may appeal to the Immigration Appeals Tribunal in accordance with section 15. (10) Where an application \u2014 (a) for the renewal of a Term Limit Exemption Permit is submitted prior to its expiry; or (b) for the grant of a Term Limit Exemption Permit (where such application was submitted prior to the expiry of the worker\u2019s final work permit and is for continued employment with the same employer) or the renewal of a Term Limit Exemption Permit was refused and an appeal was lodged with the Immigration Appeals Tribunal in accordance with section 15, the worker is authorised to continue to be employed on the same terms and conditions as applied to the final work permit or the Term Limit Exemption Permit pending the outcome of the application and any subsequent appeal against a refusal of that application, but such authorisation shall terminate automatically at the cut-off date. (11) The holder of a Term Limit Exemption Permit on the cut-off date may continue to work by operation of law on the same terms and conditions until 9th December, 2013, but prior to doing so he shall comply with the requirements of section 52(6). (12) Where the employer of the holder of a Term Limit Exemption Permit applies for the grant of a work permit in respect of that worker prior to the expiry of the Term Limit Exemption Permit on the cut-off date or while the worker is working by operation of law under subsection (11) the worker shall be entitled to continue working on the same terms and conditions as applied to his term Limit Exemption Permit until the outcome of his application and any subsequent appeal.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_53\", \"num\": \"53.\", \"text\": \"Temporary work permit 53. (1) The Chief Immigration Officer or his designate appointed under section 42 may on application in the prescribed form, accompanied by such documentary evidence as may be prescribed, by or on behalf of a person who desires to enter and remain in the Islands temporarily for the purposes of gainful occupation \u2014 (a) grant to such person a temporary work permit in the prescribed form upon payment of the prescribed fee; (b) vary or modify the terms of such permit upon payment of the prescribed fee; (c) refuse the application for the permit; or (d) revoke a temporary work permit so granted. (2) A work permit granted under subsection (1) may be either \u2014 Immigration Law (2015 Revision) (a) a temporary work permit, for a continuous period of up to six months which may, if granted for a period of less than six months, be renewed so long as the total period of validity does not exceed six months; or (b) a temporary work permit, for a seasonal worker for a continuous period of eight months and such permit cannot be extended or renewed, nor may a work permit be issued with respect to the same worker unless that person has left the Islands for at least three months immediately following the expiry of the temporary work permit for a seasonal worker. (3) In order to determine whether an application under this section should be granted or refused or a temporary work permit revoked, the Chief Immigration Officer shall have regard to the criteria enumerated in sections 44(2)(a), (3) and (4) and 48(9), with the necessary modifications. (4) Subject to subsection (5), no application for the grant of a temporary work permit in respect of a person who gained entry as a visitor shall be \u2014 (a) considered, unless the application was submitted after the visitor\u2019s departure from the Islands; or (b) approved, unless the visitor remained off the Islands during the processing of the application. (5) Notwithstanding subsection (4), where, in his opinion, there exist extenuating circumstances, the Chief Immigration Officer acting in person may approve the application. (6) It shall be the duty of the prospective employer or, where the application is in respect of a person who wishes to be self-employed, the applicant, to satisfy the Chief Immigration Officer that there has been compliance with paragraphs (a) and (b) of subsection (4). (7) A prospective employer or an applicant who provides information to the Chief Immigration Officer in relation to subsection (6), which information he knows to be false or does not believe to be true, commits an offence. (8) Where the application under subsection (1) is to engage in work as an entertainer, the Chief Immigration Officer or his designate, in addition to complying with subsection (3), shall, where appropriate, take into account \u2014 (a) the genuineness of the application; (b) the nature and content of the proposed performance; (c) the views of the Cayman National Cultural Foundation; (d) the views of the Cayman Islands Music Association; and (e) whether a local artist or act has been engaged to participate in the event. (9) For the purposes of this section \u2014 \u201centertainer\u201d includes \u2014 Immigration Law (a) a person performing musical acts individually or as part of an orchestra; (b) a singer, disc jockey or comic; and (c) a circus or carnival performer.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_54\", \"num\": \"54.\", \"text\": \"Business visitors\u2019 permit 54. (1) Any person duly carrying on business in or from within the Islands who regularly throughout each year employs persons not legally and ordinarily resident in the Islands on a temporary basis, may make a single application in each calendar year to the Chief Immigration Officer for the issue, in each calendar year, of one or more business visitors\u2019 permits and for more than one visit. (2) An application for business visitors\u2019 permits shall be in respect of such number of persons and visits as the company, partnership or firm wishes to have granted and shall contain, in respect of each such person, such information as may be prescribed. (3) An application shall state the maximum number of times it is desired that each business visitor be admitted to the Islands in such year, his occupation and the maximum duration of the stay of each such business visitor during each visit. (4) No business visitors\u2019 permit shall be issued for more than fourteen days on any one visit or in respect of a person who is ineligible to be granted a work permit by virtue of section 52(1). (5) The Chief Immigration Officer, in considering an application under this section, shall take into account such of the matters set out in section 44(2) to (4) as he considers relevant and, when granting business visitors\u2019 permits, may impose such conditions and limitations as he thinks fit. (6) The annual fee, in respect of such business visitors\u2019 permits, shall be such as may be laid down by regulations and shall be determined by the number of persons in respect of whom application is made and the number of visits per person in the relevant calendar year. 54A. Visitor\u2019s Work Visa 54A. (1) A person, except a professional employee, other than a person who is ineligible for the grant of a work permit by virtue of section 52(1), who \u2014 (a) is employed full time by a company, individual or institution outside the Islands; (b) is coming to the Islands for up to five calendar days for the purpose of engaging in commercial activity with one or more persons or entities licensed to trade in the Islands under the Trade and Business Licensing Law (2007 Revision) or any other law; Immigration Law (2015 Revision) (c) would otherwise require a work permit for the activity referred to in paragraph (b); and (d) is being sponsored in accordance with paragraph (b), may apply to an immigration officer upon arrival at a port of entry for the grant of a visitor\u2019s work visa. (2) An immigration officer of the rank of Senior Immigration Officer or above, upon being satisfied that the applicant under subsection (1) \u2014 (a) is formally sponsored by one or more persons or entities licensed to trade in the Islands under the Trade and Business Licensing Law (2007 Revision) or any other law by virtue of a letter or letters (in the event that the applicant is conducting business with more than one local entity) of sponsorship in the prescribed form having been received by the Immigration Department prior to his arrival at the port of entry; (b) possesses a valid entry visa, if required; (c) is not a prohibited immigrant; and (d) has paid the prescribed non-refundable fee, may approve the grant of a visitor\u2019s work visa valid for five calendar days. (3) A person granted a visitor\u2019s work visa under this section shall be entitled to engage in commercial activity only with his sponsor or sponsors. (4) An application under subsection (1) may be refused on the ground that \u2014 (a) the applicant is required to have and does not possess a valid entry visa; (b) no letter or letters of sponsorship in the required form have been received by the Immigration Department in respect of the applicant; (c) the applicant is a prohibited immigrant; (d) in the opinion of the immigration officer the sponsorship of the applicant is not genuine; or (e) in the opinion of the immigration officer the applicant\u2019s presence in the Islands is not conducive to the public good. (5) A visitor\u2019s work visa issued under this section shall not be extended or renewed unless the Chief Immigration Officer is satisfied that there are exceptional circumstances and only then for a further five calendar days after which the holder shall leave the Islands unless authorised to remain under any other section of this Law. (6) A person may not hold more than one visitor\u2019s work visa for the same sponsor or sponsors in the same calendar month. Immigration Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_55\", \"num\": \"55.\", \"text\": \"Work permit fees 55. (1) An application for a work permit shall be accompanied by the work permit fee and the application fee, which fees shall be paid into General Revenue; but, where the application is unsuccessful, the notification of refusal shall be accompanied by an authorisation for a refund of the work permit fee to the applicant. (2) Subsection (1) notwithstanding, no fee shall be charged in respect of a work permit authorising the gainful occupation of \u2014 (a) children and young persons under the age of eighteen; or (b) such other class or classes of persons as may be prescribed from time to time. (3) Where a work permit authorises the gainful occupation of a worker while he is in the service of an employer, any fees payable under subsection (1) in respect of such work permit, or any prescribed security in respect of the entry of that worker into the Islands, shall be paid by the employer, and it shall be an offence for an employer \u2014 (a) to seek or receive from any such worker any moneys or other compensation or benefit as reimbursement of, or contribution towards; or (b) to make any deduction from any remuneration due by him to any worker on account of, or in respect of, those fees or that security. (4) A person who contravenes subsection (3) commits an offence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_56\", \"num\": \"56.\", \"text\": \"Offence to engage in gainful occupation or to employ persons in contravention of this Part 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. (2) 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) (3) 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 \u2014 (a) has not yet been determined by the Board or the Chief Immigration Officer; or (b) 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. (4) 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 \u2014 (a) 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; (b) 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 (c) 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. (5) 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 Immigration Law respect of a second or subsequent offence to a fine of thirty thousand dollars and to imprisonment for two years. (6) 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. (7) 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 \u2014 (a) had inspected the work permit or permission to remain in the Islands, issued to the person concerned; (b) 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 (c) had checked with \u2014 (i) 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 (ii) the employer to verify that the person concerned was employed by 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. (8) 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. (9) 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. (10) 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) (11) 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. (12) In this section \u2014 \u201cplace of work\u201d includes any construction site, cleared land, woodland, field, private dwelling, commercial building, vessel or vehicle; and \u201carticle\u201d 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. (2) The register shall contain particulars of \u2014 (a) the name and address of the person in breach; (b) the nature, location and date of the breach; (c) any measures taken by the Chief Immigration Officer in consequence of the breach; and (d) the amount of the fine or levy imposed and the date on which it was paid. (3) 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. PART VI - Entry and Landing\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_57\", \"num\": \"57.\", \"text\": \"Discretion of Chief Immigration Officer and duty of persons arriving in the Islands 57. (1) The Chief Immigration Officer, in his discretion, shall determine which arriving vessels are to be met by an immigration officer, and it is the duty of every person in or on every vessel so met to report to an immigration officer. (2) Where an immigration officer boards the vessel before disembarkation the report referred to in subsection (1) shall be made to that immigration officer, but where no such immigration officer boards the vessel, the report shall be made upon disembarking. Immigration Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_58\", \"num\": \"58.\", \"text\": \"Duty of local agent of vessel to give notice of arrival 58. (1) It is the duty of the local agent of every vessel arriving in the Islands to give adequate and timely notification of the arrival of the vessel to the Chief Immigration Officer or to any immigration officer designated by the Chief Immigration Officer in that behalf, and, if required, to furnish such particulars as he may then have in his possession regarding the passengers or crew on board such vessel. (2) A person who fails to comply with subsection (1), or with any requirement duly given thereunder, commits an offence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_59\", \"num\": \"59.\", \"text\": \"Inward passenger and crew manifests 59. (1) It is the duty of the master, the local agent or the captain of every vessel arriving in the Islands, other than a recreational sport fishing vessel returning from a sports fishing expedition that took place beyond the Islands\u2019 territorial waters, prior to the arrival of such vessel or as soon as practicable thereafter, to deliver to an immigration officer lists showing separately the names and particulars of \u2014 (a) the passengers on board the vessel; (b) the passengers whose intention it is to disembark at the Islands; (c) the crew of the vessel; and (d) any other person on board the vessel. (1A) A recreational sports fishing vessel arriving in the Islands shall comply with the prescribed arrival procedures. (2) Where the master or captain of the vessel transports to the Islands passengers or crew \u2014 (a) who are required to have a valid entry visa or proof of citizenship, and are not in possession of such documents; or (b) in respect of whom he provides false information in relation to his duty under subsection (1) and subsection (1A), he is liable to be fined by an Assistant Chief Immigration Officer or the Deputy Chief Immigration Officer, a sum not exceeding two thousand dollars. (3) A person aggrieved by or dissatisfied with a decision under this section may appeal to the Chief Immigration Officer.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_60\", \"num\": \"60.\", \"text\": \"Control of landing from vessels 60. (1) It is an offence for the master of a vessel to cause or allow a passenger or member of the crew or other person on board the vessel to disembark in the Islands before permission generally to disembark has been given by an immigration officer. Immigration Law (2015 Revision) (2) A person who fails to comply with subsection (1) commits an offence. (3) It is a defence to a person charged with an offence under this section to prove that such disembarkation took place in an emergency and was, at the earliest time practicable, notified to an immigration officer.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_61\", \"num\": \"61.\", \"text\": \"Outward passenger and crew manifests 61. (1) It is the duty of the master, the local agent or the captain of every vessel leaving the Islands, other than a recreational sport fishing vessel departing the Islands on a fishing expedition beyond the Islands\u2019 territorial waters, unless excused from doing so by the Chief Immigration Officer, to deliver to an immigration officer, prior to departure of such vessel, lists showing separately the names and particulars of \u2014 (a) the passengers on board the vessel; (b) the crew on board the vessel; and (c) any other person on board the vessel. (1A) A recreational sport fishing vessel shall, prior to departure on a fishing expedition beyond the Islands\u2019 territorial waters, comply with the prescribed departure procedures. (2) A person who fails to comply with subsections (1) and (1A) commits an offence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_62\", \"num\": \"62.\", \"text\": \"Government vessels 62. Sections 58, 59, 60 and 61 shall not apply to any Government controlled vessel, but the master thereof shall furnish the Chief Immigration Officer with such particulars as he may require.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_63\", \"num\": \"63.\", \"text\": \"Cabinet may issue entry permit 63. Notwithstanding anything contained in this Part, the Cabinet may issue a permit for the landing of any person to the Islands, and such person shall be admitted accordingly upon such terms as may be specified in the said permit.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_64\", \"num\": \"64.\", \"text\": \"Travel documents 64. (1) Unless exempted by this Law, every person entering and leaving the Islands shall, if required to do so by an immigration officer, produce for inspection a relevant passport or some other valid document establishing the identity and nationality or place of permanent residence of such person to the satisfaction of the immigration officer, and, in such cases as may be prescribed, a relevant visa. (2) An application for a visa shall be in writing and accompanied by the prescribed fee. (3) Subject to his complying with the prescribed criteria \u2014 Immigration Law (a) an immigration officer not below the rank of Assistant Chief Immigration Officer may \u2014 (i) approve or refuse an application for a visa; and (ii) refuse permission for a person in possession of a current visa to enter the Islands; and (b) the Chief Immigration Officer acting in person may \u2014 (i) revoke a current visa; or (ii) waive the requirement for the production of a visa to land in the Islands. (4) A person who fails to comply with subsection (1) commits an offence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_65\", \"num\": \"65.\", \"text\": \"Certain persons deemed not to have landed in the Islands 65. (1) The crew and passengers in transit in any vessel who do not leave the vessel or who disembark onto and do not leave any place reserved for such crew and passengers in transit at any dock or airport, as the case may be, are deemed not to be persons landing in the Islands. (2) A person who is not, bona fide, a passenger in transit in a vessel or a member of the crew thereof shall be deemed to have landed in the Islands if he resides in a vessel, including a yacht or houseboat, within the territorial waters of the Islands.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_66\", \"num\": \"66.\", \"text\": \"General prohibition from landing in the Islands without specific permission of immigration officer 66. Without prejudice to any of the succeeding provisions of this Law, it is an offence for any person other than a person \u2014 (a) who is Caymanian; or (b) who is not a prohibited immigrant and satisfies an immigration officer that he is \u2014 (i) authorised to carry on a gainful occupation under section 48, 53 ,54 or 54A; (ii) a person named in a work permit as a dependant of the licensee; (iii) a person who is exempted under section 40 or a dependant of such a person; or (iv) a person who has permission to reside or to remain permanently in the Islands under Part IV, to land in the Islands, without, in each case, specific permission, with or without the imposition of conditions or limitations, being given by an immigration officer. Immigration Law (2015 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_67\", \"num\": \"67.\", \"text\": \"Entry by persons other than Caymanians or persons legally and ordinarily resident 67. (1) Persons other than those referred to in section 66, and who are not prohibited immigrants, may be granted permission to land in the Islands as visitors for a period of up to six months, subject to extension, from time to time, for further periods not exceeding six months on each occasion upon application made to the Chief Immigration Officer in the prescribed manner. (2) In furtherance of section 20(1)(d) where documentary evidence is produced to the Chief Immigration Officer to establish that a child is the child of a Caymanian, the child shall be allowed to enter, remain and attend school in the Islands. (3) Where the effect of such extension is that the person to whom permission is granted will be permitted to remain for a period in excess of twelve months in total, upon such permission being granted the Chief Immigration Officer shall forthwith notify the Caymanian Status and Permanent Residency Board of such extension. (4) Any permission granted under subsection (1) or any extension thereof may, at any time, be revoked either by the Cabinet, or by the Chief Immigration Officer acting in person. (5) Where a passenger is proven to have gained entry into the Islands by deception and is still physically within the confines of the immigration or customs precincts, his permission to enter may be revoked by an immigration officer of the rank of Assistant Chief Immigration Officer or above. (6) The Cabinet or the Chief Immigration Officer, so revoking under subsection (4), shall cause to be served upon the person concerned notice of any such revocation in which shall be specified a time, not being more than fourteen days, within which such person shall be required to leave the Islands. (7) In the case of any child born in the Islands in such circumstances that it does not acquire the right to be Caymanian at birth, such child shall be reported to the Chief Immigration Officer as soon as practicable and shall thereafter be subject to immigration control in a manner appropriate in all the circumstances and having regard to the immigration status of the parents or, in the case of a child born out of wedlock, of the mother. (8) A dependant of a Caymanian may be granted permission to reside in the Islands for a period of up to three years, subject to extension, from time to time, for further periods not exceeding three years on each occasion upon application made to the Chief Immigration Officer in the prescribed manner. (9) In considering an application under subsection (8), the Chief Immigration Officer shall satisfy himself \u2014 (a) that the applicant is a dependant of a Caymanian; Immigration Law (b) as to the character and health of the dependant; (c) as to the ability of the Caymanian adequately to support the dependant; (d) that the dependant is covered by health insurance; and (e) as to such other matters as he shall consider relevant. (10) An application submitted under this section shall be accompanied by the prescribed administrative fee and the prescribed repatriation fee. (11) Any permission granted under subsection (8) or any extension thereof may, at any time, be revoked by the Chief Immigration Officer acting in his discretion. (12) In this section \u2014 \u201cdependant\u201d, in relation to a Caymanian, means the Caymanian\u2019s parent, grandparent, brother or sister being in each case, wholly or substantially dependent upon the Caymanian.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_68\", \"num\": \"68.\", \"text\": \"Requirements to be satisfied by visitors 68. (1) Before granting permission to any person under section 67, an immigration officer may require such person to satisfy him that he is in possession of a paid up return ticket or ticket entitling such person and his dependants, if any, to travel to such person\u2019s next destination outside the Islands, and is in possession of sufficient funds to maintain himself and his dependants, if any, during the period of his stay in the Islands. (2) An immigration officer, in accordance with general or special directions of the Cabinet or the Chief Immigration Officer, may attach such conditions or restrictions as he may think fit to any permission granted to any person under section 67, and the Cabinet, in respect of its own directions or those of the Chief Immigration Officer, or the Chief Immigration Officer in respect of his own directions may, at any time, vary such conditions or restrictions in such manner as he thinks fit. (3) Notwithstanding anything in subsection (1), an immigration officer may, as a condition of granting permission to a person under section 67, require him to pay such non-refundable repatriation fee as may be prescribed; and the Chief Immigration Officer, as a condition of granting a variation of any condition or restriction attached to any such permission, may require him to pay such nonrefundable repatriation fee as may be prescribed. (4) A person who fails to comply with any condition or restriction imposed by this section commits an offence. Immigration Law (2015 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_69\", \"num\": \"69.\", \"text\": \"Provisions relating to sponsors 69. (1) A sponsor of a tourist visitor seeking permission to land in the Islands or seeking an extension of the permission may, at the discretion of an immigration officer, be required to give an undertaking in writing to be responsible for that tourist visitor\u2019s maintenance and accommodation during the period of his stay in the Islands. (2) Where a sponsor has given an undertaking under subsection (1) in respect of any tourist visitor, the sponsor shall, within twenty-four hours of the expiration of the grant of permission, inform the Chief Immigration Officer in the prescribed manner of any failure by that tourist visitor to depart from the Islands on or before the expiration of the permission granted or any extension thereof. (3) A sponsor who acts in contravention of subsection (2) commits an offence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_70\", \"num\": \"70.\", \"text\": \"Safeguards regarding permission to land, etc. 70. (1) Without prejudice to this Part, an immigration officer may examine any person who has arrived in the Islands, including any transit passenger, member of the crew of any vessel or other person not seeking to land in the Islands, for the purpose of determining \u2014 (a) whether he is, or is not, such a transit passenger, crew-member or other person; (b) if he is not a Caymanian, whether he may, or may not, enter the Islands under section 66; and (c) whether, if he is not, he should be given permission to land in the Islands and for what period and under what conditions, or should be refused permission. (2) Where a person to whom subsection (1) refers, other than a person to whom section 66 applies, is seeking to land in the Islands, an immigration officer may require him to \u2014 (a) provide evidence of the good character of himself and his dependants; (b) undergo a medical examination or furnish a medical certificate in respect of himself and his dependants, if any, acceptable to the immigration officer and with such particulars as the immigration officer may consider necessary; and (c) furnish such other particulars as may, in the opinion of the immigration officer, be relevant to the application. Immigration Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_71\", \"num\": \"71.\", \"text\": \"Disembarkation and embarkation cards 71. (1) Subject to subsection (4), a person who, disembarking in or leaving the Islands, fails to complete and hand to an immigration officer, immediately on arrival or departure, a disembarkation card or embarkation card, as the case may be, in the prescribed form commits an offence. (2) It is the duty of the Chief Immigration Officer to cause records to be kept and maintained of the entry of all persons into, and the departure of all persons from, the Islands. (3) Without prejudice to anything contained in the Evidence Law (2011 Revision), any such record shall be received in evidence in any court or in any tribunal in the Islands as evidence, prima facie, of any entry or particular entered therein. (4) Subsection (1) does not apply to any person or category of persons specified in regulations as being exempt from the requirements of those regulations, and the duty of the Chief Immigration Officer under subsection (2) shall not apply in respect of any person or category of persons so exempted.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_72\", \"num\": \"72.\", \"text\": \"Detention of persons who have been refused permission to land, etc. 72. (1) Under the authority of an immigration officer \u2014 (a) a person who may be required to submit to examination under section 70(1), pending his examination and pending a decision to give or refuse him permission to land; (b) a person to whom permission to land has been refused; or (c) a prohibited immigrant on any vessel not intending or seeking permission to land, may be temporarily detained at some place approved by the Cabinet for such purpose, and while so detained, shall be deemed to be in legal custody and not to have landed, and a person on board a vessel may, under the authority of an immigration officer, be removed for detention under this subsection. (2) A person liable to detention or detained under subsection (1) may, with the leave of an immigration officer, be temporarily granted permission to land without being detained or, if detained under that subsection, may be released from detention pending a decision whether to grant him permission under section 64, but this shall not prejudice a later exercise of the power to detain him. (3) For so long as a person has been temporarily granted permission to land under subsection (2), he shall be deemed not to have landed and shall be subject to such conditions as an immigration officer may determine. Immigration Law (2015 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_73\", \"num\": \"73.\", \"text\": \"Duty of master with respect to removal of person landing unlawfully where permission to land is refused 73. (1) In any case where \u2014 (a) a person lands in the Islands in contravention of or without complying with this Law; or (b) a person is refused permission to land, it is the duty of the master of the vessel in which such person arrived to receive him on board the same vessel and take him away from the Islands, or if the vessel has already left or is delayed, then it is the duty of the master of any subsequent vessel, owned or operated by the same company, departing from the Islands, to receive him on board that vessel and take him away from the Islands or, with the approval of the Chief Immigration Officer, make other suitable arrangements for his departure from the Islands. (2) A master of a vessel who fails or refuses to receive any such person and take him away from the Islands as required by subsection (1) commits an offence. (3) Any such person may be detained by an immigration officer or constable in such manner and place as may be directed by the Cabinet until such person can be received on board a vessel, and while so detained he shall be deemed to be in lawful custody and, in the case of a person refused permission to land, shall also be deemed not to have landed. (4) The owner, operator, master and local agent of any vessel from which any such person landed as aforesaid shall be jointly and severally liable to the Governor for all charges incurred in respect of the maintenance of such person while remaining in the Islands or of his subsequent repatriation, removal or deportation from the Islands whether in the vessel from which the person was landed or by some other carrier. (5) Subsections (1) to (4) apply not only to a person referred to in subsection (1) but to the dependants of such person as well.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_74\", \"num\": \"74.\", \"text\": \"Removal of certain persons unlawfully in the Islands 74. (1) A person who is not a Caymanian, a permanent resident, a work permit holder, nor the holder of a Residency and Employment Rights Certificate, a Residency Certificate for Persons of Independent Means or a student visa, may be removed from the Islands, in accordance with directions given under this section by an immigration officer not below the rank of Assistant Chief Immigration Officer, if \u2014 (a) having been granted permission to enter or remain, the person does not observe a condition attached to the permission or remains beyond the time limited by the permission; (b) the person has obtained permission to enter or remain by deception; or Immigration Law (c) the person is a dependant of a person who is being or has been removed from the Islands under the provisions of this section. (2) Directions may not be given under subsection (1)(a) if the person concerned has made an application for an extension of his permission to remain in the Islands in accordance with this Law. (3) Where a person has overstayed his time in the Islands or is otherwise in the Islands illegally, the Chief Immigration Officer shall cause to be served upon the person concerned written notice in which shall be specified a time, not being more than fourteen days, within which he shall be removed from the Islands. (4) If such a notice is sent by the Chief Immigration Officer by post, addressed to the last known address of the person concerned, it is to be taken to have been received by that person on the third day after the day on which it was posted. (5) Directions for the removal of a person under subsection (1)(c) cease to have effect if he ceases to be a dependant of the other person. (6) Directions for the removal of a person given under this section invalidate any permission to enter or remain in the Islands given to him before the directions are given or while they are in force. (7) The Cabinet may apply any money or property of a person against whom an order under this section has been made in payment of the whole or any part of the expenses of or incidental to the journey from the Islands, and of the maintenance until departure of such person and his dependants, if any.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_75\", \"num\": \"75.\", \"text\": \"Escorts for persons removed from the Islands under directions 75. (1) Directions under section 74 for, or requiring arrangements to be made for, the removal of a person from the Islands may include or be amended to include provision for the person who is to be removed \u2014 (a) to be detained for a reasonable period prior to removal; and (b) to be accompanied by an escort consisting of one or more persons specified in the directions. (2) The Cabinet may by regulations make further provision supplementing subsection (1). (3) The regulations may, in particular, include provision \u2014 (a) requiring the person to whom the directions are given to provide for the return of the escort to the Islands; (b) requiring the Government to bear such costs in connection with the escort (including, in particular, remuneration) as may be prescribed; (c) as to the cases in which the Government is to bear those costs; and Immigration Law (2015 Revision) (d) prescribing the kinds of expenditure which are to be included in calculating the costs incurred in connection with escorts.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_76\", \"num\": \"76.\", \"text\": \"Register to be kept and particulars furnished by hotel keepers and others 76. (1) It is the duty of the keeper of any premises to which this section applies to keep a register in the prescribed form and containing the prescribed particulars of all persons staying at the premises who are not Caymanian. (2) The keeper of any such premises shall, where directions for the purpose are issued by the Cabinet, make to the Chief Immigration Officer such returns concerning the persons staying at the premises, at such times and in such form as may be specified in such directions. (3) It is the duty \u2014 (a) of every person, whether Caymanian or not, staying at any premises to sign, when so required, a statement as to his nationality, and, if nonCaymanian to furnish and sign a statement of the particulars required under this section; and (b) of the keeper of any such premises to require any person who stays at the premises to sign the statement and furnish the particulars required from him under this section and to preserve such statements including any statements supplied under this section to any previous keeper of the premises for a period of two years from the date when the statements were signed. (4) Every register kept, and all particulars furnished, under this section shall, at all reasonable hours, be open for inspection by any constable, immigration officer or person authorised by the Cabinet. (5) This section applies to any premises, whether furnished or unfurnished, where lodging or sleeping accommodation is provided for reward. (6) The breach of a duty imposed by this section is an offence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_77\", \"num\": \"77.\", \"text\": \"Re-entry permit 77. (1) A person who is, for the time being, entitled by this Law, or permitted by reason of the exercise of any power thereunder to land in the Islands may apply to the Chief Immigration Officer for the issue of a re-entry permit. (2) The Chief Immigration Officer shall, in respect of a person entitled under subsection (1), issue a re-entry permit in the prescribed form and on payment of the prescribed fees, valid for such periods as the applicant is, at the time of issue, entitled to land in the Islands. (3) Nothing in subsections (1) and (2) shall have effect so as to authorise any person to land in the Islands notwithstanding his possession of a valid re-entry Immigration Law permit, if he has, since the issue of the permit, become a person who may be refused permission to land in the Islands.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_78\", \"num\": \"78.\", \"text\": \"Offences relating to illegal landing and powers of arrest 78. (1) A person who \u2014 (a) lands or attempts to land in the Islands; (b) does any act preparatory to landing in the Islands; or (c) remains or resides in the Islands, where such landing, preparing, remaining or residing is or would be in contravention of this Law, commits an offence and is liable on summary conviction to a fine of twenty thousand dollars and to imprisonment for five years. (2) A person who \u2014 (a) knowingly assists or causes another to land in, or to depart from, the Islands; (b) connives in such landing or departure; or (c) wilfully does an act preparatory to paragraph (a) or (b), whether or not that other person knew that there was a contravention of this Law, in circumstances where such landing or departure is, or would be, in contravention of this Law, commits an offence and is liable on summary conviction to a fine of fifty thousand dollars and to imprisonment for seven years. (3) The court before which a person is convicted of an offence under subsection (2) may order the forfeiture of a vehicle or vessel used or intended to be used in connection with the offence if the convicted person \u2014 (a) owned the vehicle or vessel at the time the offence was committed; (b) was at that time a director, secretary, manager or other responsible officer of a company which owned the vehicle or vessel; (c) was at that time in possession of the vehicle or vessel under a hirepurchase agreement; (d) was at that time a director, secretary, manager or other responsible officer of a company which was in possession of the vehicle or vessel under a hire-purchase agreement; (e) was at that time a charterer of the vessel; or (f) committed the offence while acting as master of a vessel. (4) An immigration officer or constable may arrest without warrant any person who has committed or whom he reasonably suspects to have committed an offence under this Law. Immigration Law (2015 Revision) (5) The Chief Immigration Officer may, if he intends to recommend the deportation of a person convicted of a criminal offence, detain him in such place and for such period, not exceeding seven days as he may direct, save that a person to whom the Board has granted permanent residence shall not, while he continues to enjoy the benefit of the grant, be subject to a deportation order. (6) Where a person who claims to have an interest in a vehicle or vessel applies to a court to make representations on the question of forfeiture, the court may not make an order under this section in respect of the vehicle or vessel unless the person has been given an opportunity to show cause why the order should not be made.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_79\", \"num\": \"79.\", \"text\": \"Register of non-Caymanians 79. There shall be provided and maintained by the Chief Immigration Officer, under the direction of the Cabinet, a central register of persons who are not Caymanian, in which there shall be registered such particulars and in such form as may be prescribed.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_80\", \"num\": \"80.\", \"text\": \"Application of other laws 80. Nothing contained in this Part shall affect the duty of a person to comply with the laws affecting customs, quarantine, public health and statistics, or with an order of the Cabinet, a court of law or a constable in the execution of his duty.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_81\", \"num\": \"81.\", \"text\": \"Establishment of stop list 81. (1) There shall be established by the Chief Immigration Officer a stop list in which shall be recorded the name of any person known to come within a category of section 82. (2) The Chief Immigration Officer may cause copies of the stop list or notification of the entry in or removal there from of any name to be given to the local agent of vessels arriving in the Islands and to travel agencies.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_82\", \"num\": \"82.\", \"text\": \"Prohibited immigrants 82. The following persons, not being Caymanian or permanent residents, are prohibited immigrants \u2014 (a) a destitute person; (b) a person who is mentally disordered or mentally defective as defined in the Mental Health Law, 2013 [Law 10 of 2013], or suffers from epilepsy, not controlled by medication, unless in any such case he, a person accompanying him or some other person gives security to the satisfaction of the Chief Immigration Officer for his permanent support in the Islands or for his removal therefrom whenever required by the Chief Immigration Officer; Immigration Law (c) a person certified by a Health Officer to be suffering from a communicable disease that makes his entry into the Islands dangerous to the community; (d) a person who is reasonably believed to be a prostitute, to have come to the Islands for the purpose of prostitution or to be living on or receiving or to have lived on or received the proceeds of prostitution; (e) a person who has previously been deported, removed or repatriated from the Islands; (f) a member of a class of persons deemed by the Cabinet on economic grounds or on account of standard or habit of life to be undesirable immigrants and so declared by Order published in the Gazette; (g) a person who, from information or advice which, in the opinion of the Cabinet, is reliable information or advice, is deemed by the Cabinet to be an undesirable inhabitant of or visitor to the Islands; or (h) a person who, not having received a free pardon, has been convicted in any country of an offence for which a sentence of imprisonment of or exceeding twelve months has been passed otherwise than for nonpayment of a fine.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_83\", \"num\": \"83.\", \"text\": \"Student visas 83. (1) Subject to section 67(2), no student may attend an educational institution in the Islands unless he is a student to whom a student visa has been issued. (2) Leave to land may be granted for the duration of the student\u2019s course, but leave to remain shall not be granted for a period in excess of four years. (2A) Unless the context otherwise requires, a reference to the Chief Immigration Officer in relation to the granting, extending, varying or revoking of a student visa shall be construed as including a reference to anyone specifically designated by him to perform those duties. (3) A student may apply to the Chief Immigration Officer for a student visa on the prescribed form accompanied by the prescribed fee and any required documentary evidence. (3A) Any of the powers conferred upon the Chief Immigration Officer under subsections (5) and (6) may be delegated by him to an immigration officer of the rank of Assistant Chief Immigration Officer or above. (4) The Chief Immigration Officer or his designate in considering an application under this section shall, subject to any general directions that the Cabinet may, from time to time, give in respect of the consideration of such application, take particularly into account the following matters \u2014 (a) the character, reputation and health of the applicant and his dependants, if any; Immigration Law (2015 Revision) (b) whether he intends to leave the Island at the end of his studies; (c) the sufficiency of his financial resources and his ability adequately to maintain his dependants without recourse to public funds; (d) the quality of the living accommodation available to him and his dependants, if any; (e) his facility in the use of the English language; (f) whether he intends to engage in business or take up employment, other than unpaid student work undertaken in connection with the intended course of study; and (g) whether, from information available to the Chief Immigration Officer regarding the applicant\u2019s conduct and associations, the refusal of the application would be conducive to the public good. (5) The Chief Immigration Officer or his designate \u2014 (a) may grant, refuse, or defer the application either unconditionally or subject to such conditions as he may think fit; and (b) where the application is granted, may extend, revoke, vary or modify the student visa. (6) The holder of a four-year student visa may apply to the Chief Immigration Officer in the prescribed manner for an extension of stay as a student, which extension, if granted, shall be limited to twelve months. (7) An applicant under subsection (6) shall satisfy the Chief Immigration Officer or his designate that \u2014 (a) he was admitted to the Cayman Islands as a student; (b) he has continued to meet the requirements of such admission; (c) he has been regular in attendance during the course that he has already begun and any other course for which he was enrolled in the past; and (d) he has made satisfactory progress in his course of study and has been successful in his examinations. (8) Every educational institution shall \u2014 (a) make available to the Chief Immigration Officer or his designate, upon request, information concerning the non-Caymanians enrolled at that institution; and (b) await receipt of a copy of the student visa from the Chief Immigration Officer before enrolling the student at the institution. (9) The holder of a student visa may not engage in gainful occupation in the Islands other than unpaid student work undertaken in connection with his course of study. Immigration Law (10) Notwithstanding anything contained in this section, a child entering the Islands for the express purpose of adoption proceedings shall, with the express permission of the Chief Immigration Officer, be allowed to remain and attend school in the Islands. PART VII - Asylum\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_84\", \"num\": \"84.\", \"text\": \"Application for asylum 84. (1) A person who is in legal custody under section 72(1) or a person to whom permission to remain in the Islands has been granted under section 67(1) or 72(2) may apply to the Chief Immigration Officer for asylum, and in considering such application the Chief Immigration Officer shall have regard to the Refugee Convention and any directions given by the Governor relating to asylum applications. (2) For the purposes of this Part, a person is eligible to apply for asylum if \u2014 (a) he is at least eighteen years of age or is an unaccompanied minor; (b) he is in the Islands; and (c) the application for asylum has been made by him at a place designated by the Governor. (3) A person specified under subsection (4) may also apply for asylum for his dependant children under eighteen years of age that are with him in the Islands. (4) A person whose application under subsection (1) has been successful shall be granted leave to remain indefinitely in the Islands and the right to work for any employer in any occupation. (5) The Chief Immigration Officer may revoke a person\u2019s indefinite leave granted under this section if someone of whom he is a dependant ceases to be a refugee as a result of \u2014 (a) voluntarily availing himself of the protection of his country of nationality; (b) voluntarily acquiring a lost nationality; (c) acquiring the nationality of a country other than the Cayman Islands and availing himself of its protection; or (d) voluntarily establishing himself in a country in respect of which he was a refugee. (6) Notwithstanding section 14, a person whose application for asylum has been refused may appeal to the Immigration Appeals Tribunal, within fourteen days of his being notified of the decision, against the refusal on the grounds that Immigration Law (2015 Revision) requiring him to leave the Islands would be contrary to the Refugee Convention. (7) Neither an applicant for asylum nor an appellant against the decision of the Chief Immigration Officer shall be required to leave the Islands pending the outcome of his application or appeal; and, for the purposes of this section, an application or appeal is pending \u2014 (a) beginning on the date when it is submitted or instituted; and (b) ending on the date when the applicant or appellant \u2014 (i) is formally notified of the outcome of the application or appeal; or (ii) withdraws or abandons the application or appeal. (8) Where an application is made for asylum, it shall be recorded by the Chief Immigration Officer who, if satisfied that the application was made as soon as reasonably practicable after the applicant\u2019s arrival in the Islands, shall \u2014 (a) on being satisfied that for obvious and compelling reasons the applicant cannot be returned to his country of origin or nationality, grant him exceptional leave to remain in the Islands; and (b) make arrangements for his support, accommodation and upkeep. (9) The grant of exceptional leave under this section \u2014 (a) does not confer on the grantee any right to gainful occupation in the Islands; and (b) may be revoked, varied or modified by the Chief Immigration Officer. (10) Where an applicant under this Part is to be deported to a country of which he is a national or citizen and \u2014 (a) he does not possess a passport or other travel document; and (b) the country to which he is to be deported requires the Chief Immigration Officer to provide identification data in respect of the applicant as a condition of the admission of the applicant to that country, the Chief Immigration Officer shall provide the requested data but shall not disclose whether the applicant had sought asylum. (11) The Governor\u2019s deportation order in respect of a person who has been refused asylum may require the master of a vessel \u2014 (a) to remove the person from the Islands; and (b) to bear the cost of such removal, including the cost of providing escorts to and from the receiving country. (12) Where a person who has applied for or intends to apply for asylum is desirous of voluntarily leaving the Islands for a country in which he hopes to take up residence, the Chief Immigration Officer may render to him \u2014 (a) advice and other help in relation to his proposed journey; and Immigration Law (b) financial assistance to defray the cost of his travel and upkeep. (13) For the purposes of this Part, the Governor may give directions to the Chief Immigration Officer in relation to the consideration of applications for asylum and promulgate rules for the hearing of appeals under subsection (6), and such directions and rules shall be published in the Gazette.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_85\", \"num\": \"85.\", \"text\": \"Limitations on rights of appeal under section 84 85. Section 84 does not entitle a person to appeal against a refusal of an application if \u2014 (a) the Governor has certified that the appellant\u2019s departure and exclusion from the Islands would be in the interest of national security; or (b) the reason for the refusal was that he was a person to whom the Refugee Convention did not apply by reason of Article 1(F) of that Convention, and the Governor has certified that the disclosure of material on which the refusal was based is not in the interest of national security.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_86\", \"num\": \"86.\", \"text\": \"Helping asylum-seeker to enter the Islands 86. (1) A person who \u2014 (a) knowingly and for gain, facilitates the arrival in the Islands of an individual; and (b) knows or has reasonable cause to believe that the individual intends to apply for asylum under section 84(1), commits an offence. (2) Subsection (1) does not apply to anything done by a person acting on behalf of an organisation which \u2014 (a) aims to assist individuals seeking asylum pursuant to the Refugee Convention; and (b) does not charge for its services. PART VIII - Deportation\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_87\", \"num\": \"87.\", \"text\": \"Non-application of this Part with respect to Caymanians 87. Nothing in this Part shall apply or have effect so as to authorise or empower the making of a deportation order in respect of a Caymanian or a person who is entitled to remain permanently in the Islands.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_88\", \"num\": \"88.\", \"text\": \"Report preliminary to deportation order 88. (1) No deportation order shall be made under this Law, otherwise than in the case of \u2014 Immigration Law (2015 Revision) (a) a convicted and deportable person; (b) a person who has been convicted of an offence contrary to section 56 or 78(1)(c); or (c) a person who has been sentenced in the Islands to imprisonment for not less than six months, unless a magistrate shall have reported on the case and the Cabinet, having had regard to the findings of fact and conclusions of law and any recommendation contained in such report, is satisfied that such order may properly be made. (2) Where it is intended to take proceedings against any person for the purpose of obtaining a report under subsection (1), a notice shall be served upon such person giving him reasonable information as to the nature of the facts alleged against him and the grounds upon which it is alleged that a deportation order should be made, requiring him to show cause why such order should not be made and naming the time and place for his appearance before a summary court in that behalf, and if such person should fail to appear at the time and place so named, the court may issue a warrant for his arrest. (3) In every proceeding under subsection (2), the court shall take such evidence on oath of the parties (who may be represented by counsel) and their witnesses as may be tendered in chief and upon cross-examination and re-examination and, after considering the evidence adduced before it and making any further investigations which it may consider to be desirable, shall report to the Cabinet setting out its findings of fact, conclusions of law, if any, and making such recommendation as he thinks fit. (4) During the proceedings and pending the decision of the Governor, the court, at its discretion, may order the person, the subject of the report, to be detained in legal custody or released on bail.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_89\", \"num\": \"89.\", \"text\": \"Power of Governor to make, revoke, vary or modify a deportation order and duty to report to Secretary of State 89. (1) Subject to sections 87 and 88, the Governor may, if he thinks fit, make a deportation order in respect of any person who is \u2014 (a) a convicted and deportable person; (b) a destitute person; (c) a prohibited immigrant who has entered the Islands contrary to this or any earlier law; (d) a person whose permission to land and to remain or reside in the Islands or any extension thereof has expired or has been revoked and who fails to leave the Islands; or (e) a person whose application for asylum has been refused under section 84. Immigration Law (2) Where the Governor considers that a person is an undesirable person, or that his presence in the Islands is not conducive to the public good, he may make a deportation order in respect of such person. (3) The Governor \u2014 (a) may, at any time, revoke a deportation order and may vary or modify its terms so as to permit the person in respect of whom it is made, to enter and land in the Islands for such purpose and subject to such conditions as may be specified; and (b) shall report any deportation order made, varied or modified by him, to the Secretary of State for Foreign and Commonwealth Affairs.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_90\", \"num\": \"90.\", \"text\": \"Form of deportation order 90. A deportation order shall be in such form as the Governor may approve.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_91\", \"num\": \"91.\", \"text\": \"Service of deportation order and power to detain deportees 91. (1) A deportation order shall be served upon the person to whom it is directed, by any immigration officer or constable. (2) A person in respect of whom a deportation order is made or a certificate is given by a court with a view to the making of a deportation order may be detained in such manner and in such place as may be directed by the Cabinet and may be placed on board a vessel about to leave the Islands, and shall be deemed to be in lawful custody while so detained and until the vessel finally leaves the Islands. (3) Notwithstanding subsection (2), a person who has been convicted of an offence and against whom a deportation order may be made may, whether before or after the making of such order, be allowed to leave the Islands voluntarily, with the permission of the Chief Immigration Officer and under the supervision of an immigration officer or constable, and that person shall be deemed to be in legal custody while he is under such supervision.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_92\", \"num\": \"92.\", \"text\": \"Duty to comply with deportation order 92. (1) Subject to section 91(3), a person in respect of whom a deportation order is made shall leave the Islands in accordance with the terms of the order, and shall thereafter, so long as the order is in force, remain out of the Islands. (2) A person who contravenes subsection (1) commits an offence. (3) A person who returns to the Islands in contravention of a deportation order commits an offence and may again be deported under the original order, and section 91(2) shall apply accordingly in respect of such person. Immigration Law (2015 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_93\", \"num\": \"93.\", \"text\": \"Duty to afford transportation of deportee to a place outside the Islands 93. (1) The master of a vessel about to call at any place outside these Islands shall, if so required by the Cabinet or by an immigration officer, receive a person against whom a deportation order has been made and his dependants, if any, on board the vessel, and shall afford him and them a passage to that place and proper accommodation and maintenance during the journey. (2) A person who contravenes subsection (1) commits an offence. (3) The Cabinet may apply any money or property of a person against whom a deportation order has been made in payment of the whole or any part of the expenses of or incidental to the journey from the Islands and of the maintenance, until departure, of such person and his dependants, if any. (4) Except so far as they are defrayed under subsection (3), any such expenses shall be payable out of public funds.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_94\", \"num\": \"94.\", \"text\": \"Harbouring deportee 94. A person who, without lawful excuse, knowingly harbours or conceals any person who is in the Islands in contravention of a deportation order commits an offence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_95\", \"num\": \"95.\", \"text\": \"Arrest of person contravening, etc., this Part 95. A person who acts in contravention of this Part or is reasonably suspected of having so acted or being about so to act, may be taken into custody without warrant by an immigration officer or constable.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_96\", \"num\": \"96.\", \"text\": \"Evidence in proceedings taken under this Part 96. In any proceedings taken under, or in connection with, this Part \u2014 (a) the burden of proof that a person charged is exempted from the application of this Part by virtue of section 87 shall be upon such person; (b) any document purporting to be a deportation order shall, until the contrary is proved, be presumed to be such an order; and (c) any deportation order shall be presumed, until the contrary is proved, to have been validly made and to have been made on the date upon which it purports to have been made.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_97\", \"num\": \"97.\", \"text\": \"Proceedings to be sanctioned by Attorney General 97. No proceedings shall be instituted under this Part except by the Attorney General or with his previous sanction in writing. Immigration Law PART IX - General\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_98\", \"num\": \"98.\", \"text\": \"Identification cards 98. (1) A person to whom a work permit has been issued under section 48 shall, at the time of the granting of such work permit or permission to engage in a gainful occupation, as the case may be, have issued to him an identification card. (2) A person to whom an identification card has been issued under subsection (1) shall produce such card for inspection upon demand being made in such regard by any police constable, immigration officer or officer appointed under the Labour Law (2011 Revision), or, if at the time of the making of such demand the identification card is not in the possession of the holder, he shall produce the same for inspection within forty-eight hours at such place as the person lawfully making the demand shall specify. (3) A person who contravenes subsection (2) commits an offence and is liable on summary conviction to a fine of one thousand dollars and to imprisonment for six months.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_99\", \"num\": \"99.\", \"text\": \"Regulations 99. (1) The Cabinet may make regulations generally for administering this Law and for giving effect to its objects, purposes and intentions, or with respect to any matter or thing by or under this Law that may be or is to be prescribed. (2) Regulations made under this section may, in particular \u2014 (a) authorise the taking, in relation to any person who is in custody, of all such steps as may be necessary for photographing, measuring, taking the fingerprints of, or otherwise identifying that person in such manner as may be provided by the regulations; (b) prescribe the forms, notices, certificates, licences, permits, warrants, books, registers or other documents to be used and the particulars to be given in connection with this Law; (c) prescribe the fees to be payable in respect of any application, licence or permit granted or any certificate or other document issued under this Law and the circumstances under which such fees may be abated or waived; (d) prescribe the amount and nature of any security to be furnished for the due carrying out of any condition which may be attached to the grant of any licence or permit, or to the issue of any certificate or other document under this Law; (e) provide for the submission by a company, firm or other business enterprise, to the Board, of Business Staffing Plans, prescribing the contents of and procedures concerning such plans and the method of granting work permits following approval of such plans; Immigration Law (2015 Revision) (f) prescribe the countries a national of which on landing in the Islands shall produce a visa; (g) prescribe the persons or categories of persons who are exempt from the requirements of section 71(1); and (h) prescribe the penalties that may be imposed for the contravention of regulations, directions and other forms of subordinate legislation made or issued under this Law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_100\", \"num\": \"100.\", \"text\": \"Directions to Board and Chief Immigration Officer 100. The Cabinet may, from time to time, issue policy directions to the Boards, the Immigration Appeals Tribunal and the Chief Immigration Officer for their guidance in the exercise of their respective powers, duties and functions under this Law, and it shall be the duty of the Boards, the Immigration Appeals Tribunal and the Chief Immigration Officer to put into effect and to carry out such directions.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_101\", \"num\": \"101.\", \"text\": \"Power to put questions and require production of documents 101. (1) The Boards, the Immigration Appeals Tribunal or any immigration officer, constable or other person lawfully acting in the execution of this Law may \u2014 (a) put any question to any person, being a question reasonably required in connection with the proper discharge of their, its or his functions under this Law; and (b) require any person to produce for inspection any licence, certificate, payroll and other documents relating to gainful employment, permit, work permit identification card or other document which he may have in his possession or under his control, being a document of which the inspection is reasonably required in connection with the proper discharge of such function as aforesaid. (2) A person who fails without lawful excuse (the proof of which shall be upon him) to answer fully and truthfully to the best of his knowledge and belief any such question, or to produce for inspection any such document, does, without prejudice to section 104, commit an offence. (3) Any power to require the production of a document for inspection shall be construed as including a power to take copies of such document and to retain such document for a reasonable time for such purpose.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_102\", \"num\": \"102.\", \"text\": \"Obstruction of persons acting in execution of Law 102. (1) A person who resists arrest or otherwise wilfully obstructs or impedes any immigration officer, constable or other person acting in the execution of his duty under this Law commits an offence. Immigration Law (2) A person who acts in contravention of this section, or is reasonably suspected of having so acted or being about so to act, may be taken into custody without warrant by an immigration officer or constable.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_103\", \"num\": \"103.\", \"text\": \"Authorisation to carry arms 103. An immigration officer, with the authority of the Chief Immigration Officer given under and in accordance with the general or special directions of the Governor, is entitled in the performance of his duties to carry arms.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_104\", \"num\": \"104.\", \"text\": \"Offences relating to false documents, etc. 104. (1) A person who \u2014 (a) in connection with the carrying into effect of any of the purposes of this Law, makes, causes or allows to be made any return, statement or representation which is false in a material particular and which he knows to be false or which he does not believe to be true; (b) without lawful excuse (the proof of which shall be upon him) alters, causes or allows to be altered any certificate, licence, permit or other document issued under this Law or any entry in any document lawfully made under this Law: or (c) without lawful excuse (the proof of which shall be upon him) uses or possesses, or causes or allows to be used or possessed, any forged, altered or irregular passport, visa, certificate or other connected document or any endorsement on any of such documents which has been altered or forged, commits an offence. (1A) The holder of a Certificate issued under Part IV applying for a variation of that Certificate to reflect the fact that his dependant is engaged in full-time tertiary education in an educational institution shall satisfy the Board or the Chief Immigration Officer by way of a written confirmation from the educational institution that the dependant is engaged in a full-time course of study; and it shall be an offence if \u2014 (a) the dependant is engaged in such education without such variation being approved; or (b) he is residing in the Islands on the basis of an approved variation but is not engaged in such education. (2) A person who acts in contravention of subsection (1), or is reasonably suspected of having so acted or being about so to act, may be taken into custody without warrant by an immigration officer or constable. Immigration Law (2015 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_105\", \"num\": \"105.\", \"text\": \"Possession of immigration stamp 105. A person who, without reasonable excuse, has in his possession an immigration stamp or a replica immigration stamp commits an offence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_106\", \"num\": \"106.\", \"text\": \"Assisting entry in breach of deportation, exclusion or removal order 106. (1) A person who \u2014 (a) does an act which facilitates a breach of a deportation order, exclusion order or removal order in force against an individual; and (b) knows or has reasonable cause for believing that the act facilitates a breach of the deportation, exclusion or removal order, commits an offence. (2) Subsection (1) applies to anything done \u2014 (a) in the Islands; or (b) outside the Islands by a body incorporated under the law of the Islands. (3) A person who commits an offence under this section is liable on summary conviction to a fine of fifty thousand dollars and to imprisonment for seven years, and the court before which the person is convicted may order the forfeiture of a vehicle or vessel used or intended to be used in connection with the offence if the convicted person \u2014 (a) owned the vehicle or vessel at the time the offence was committed; (b) was at that time a director, secretary, manager or other responsible officer of a company which owned the vehicle or vessel; (c) was at that time in possession of the vehicle or vessel under a hirepurchase agreement; (d) was at that time a director, secretary, manager or other responsible officer of a company which was in possession of the vehicle or vessel under a hire-purchase agreement; (e) was at that time a charterer of the vessel; or (f) committed the offence while acting as master of a vessel. (4) Where a person who claims to have an interest in a vehicle or vessel applies to a court to make representations on the question of forfeiture, the court may not make an order under this section in respect of the vehicle or vessel unless the person has been given an opportunity to show cause why the order should not be made. (5) Where proceedings are instituted against a person for an offence under this section and either \u2014 (a) the proceedings do not result in his conviction; or (b) where he is convicted of the offence \u2014 Immigration Law (i) the conviction concerned is quashed without a conviction for any other offence under this Law being substituted; or (ii) the Governor has granted a pardon in respect of the conviction, the Grand Court may, on an application by a person who held property which was realisable property, order compensation to be paid by the Government to the applicant. (6) The Grand Court shall not order compensation to be paid in any case unless the Court is satisfied \u2014 (a) that there has been some serious default on the part of a person concerned in the investigation or prosecution of the offence concerned and that, but for that default, the proceedings would not have been instituted or continued; and (b) that the applicant has suffered substantial loss in consequence of anything done in relation to the property by or in pursuance of an order of the Grand Court. (7) The amount of compensation to be paid under this section shall be such as the Grand Court thinks just in all the circumstances of the case. (8) In this section \u2014 \u201crealisable property\u201d means any property held by \u2014 (a) a person against whom proceedings have been instituted for an offence under this section; and (b) another person to whom that person has directly or indirectly made a gift caught by this section, save that such property is not realisable property if a forfeiture order made by the Court in respect of that property is in force. (9) A gift is caught by this section if \u2014 (a) it was made by a person against whom proceedings have been instituted under this section at any time since the beginning of the period of six years ending when the proceedings were instituted; or (b) it was made by him at any time and was a gift of property \u2014 (i) received by him in connection with illegal activity carried on by him or another; or (ii) which in whole or in part directly or indirectly represented in his hands property received by him in that connection. (10) For the purposes of subsection (9), the circumstances in which a person against whom proceedings have been instituted for the offence is to be treated as making a gift include where he transfers property to another person directly Immigration Law (2015 Revision) or indirectly for a consideration the value of which is significantly less than the value of the consideration provided by him.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_107\", \"num\": \"107.\", \"text\": \"Provision of immigration services 107. (1) No person may provide or purport to provide immigration advice or immigration services for any fee, gain or reward unless he is a qualified person. (2) A person is a qualified person if \u2014 (a) he is registered with the Chief Immigration Officer or is employed by, or works under the supervision of, such a person; (b) he is a member or employee of a body which is licensed, or exempted by the Trade and Business Licensing Law (2007 Revision), or works under the supervision of such a member or employee; or (c) he is a person admitted to practise as an attorney-at-law under the Legal Practitioners Law (2012 Revision). (3) Subsection (1) does not apply to a person who \u2014 (a) is certified by the Chief Immigration Officer as exempt (in this section referred to as \u201can exempt person\u201d); (b) is employed by an exempt person; (c) works under the supervision of an exempt person or an employee of an exempt person; or (d) falls within a category of person specified in an order made by the Cabinet for the purposes of this subsection. (4) A certificate under subsection (3)(a) may relate only to a specified description of immigration advice or immigration services. (5) Subsection (1) does not apply to a person \u2014 (a) holding an office under the Crown, when acting in that capacity; (b) employed by, or for the purposes of, a Government department, when acting in that capacity; (c) acting under the control of a Government department; or (d) otherwise exercising functions on behalf of the Crown. (6) An exemption given under subsection (3)(a) may be withdrawn by the Chief Immigration Officer. (7) A person who acts in contravention of subsection (1) commits an offence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_108\", \"num\": \"108.\", \"text\": \"Registration and exemption by the Chief Immigration Officer 108. (1) The Chief Immigration Officer shall prepare and maintain a register for the purposes of section 107(2)(a) and (b). Immigration Law (2) The Chief Immigration Officer shall keep a record of the persons to whom he has issued a certificate of exemption under section 107(3)(a).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_109\", \"num\": \"109.\", \"text\": \"Human smuggling 109. (1) A person who, in contravention of this Law and whether for financial or material benefit or not, assists or facilitates the transportation, harbouring or movement into or out of the Islands, of an individual commits an offence and is liable on summary conviction to a fine of fifty thousand dollars and to imprisonment for seven years. (2) Subsection (1) applies to anything done \u2014 (a) in the Islands; or (b) outside the Islands by a body incorporated under the law of the Islands.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_110\", \"num\": \"110.\", \"text\": \"Punishment for offences for which no penalty is provided 110. A person who commits an offence for which no penalty is provided is liable on summary conviction, in respect of a first offence, to a fine of five thousand dollars and to imprisonment for one year or, in respect of a second or subsequent offence, to a fine of ten thousand dollars and to imprisonment for two years and, where any such offence is a continuing offence, the person guilty of the offence shall, in addition to any punishment provided by this section, be liable to a fine of five hundred dollars in respect of each day during which the offence continues.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_111\", \"num\": \"111.\", \"text\": \"Offence to enter into marriage of convenience 111. (1) A person who enters into a marriage of convenience commits an offence and is liable on summary conviction to a fine of ten thousand dollars and to imprisonment for one year. (2) If a marriage officer has reasonable grounds for suspecting that a marriage will be a marriage of convenience, and fails to report his suspicion to the Chief Immigration Officer without delay and in such form and manner as may be prescribed, he commits an offence. (3) Subsection (2) also applies where a marriage is solemnised in the presence of a marriage officer who, before, during or immediately after solemnisation of the marriage, has reasonable grounds for suspecting that the marriage will be, or is, a marriage of convenience.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_112\", \"num\": \"112.\", \"text\": \"Offences against Law by corporations, liability of officers, etc. 112. Where a person convicted of an offence against this Law is a body corporate, then every person who, at the time of the commission of the offence, was a managing director, manager, secretary or other officer of the body corporate shall be deemed to be guilty of that offence unless he proves that the offence was committed without his knowledge or that he exercised all reasonable diligence, having regard to his office, to prevent the commission of the offence. Immigration Law (2015 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_113\", \"num\": \"113.\", \"text\": \"Evidence in proceedings taken under, or in connection with, Law 113. (1) In proceedings taken under, or in connection with, this Law \u2014 (a) the burden of proof that a person has had, at any material time \u2014 (i) a particular status for the purpose of this Law; (ii) a particular nationality; or (iii) a particular occupation, or, as the case may be, no occupation, shall be upon that person; (b) a document purporting to set forth an order or direction given under this Law shall be presumed, until the contrary is proven, to constitute any such order or direction as aforesaid; and (c) an order or direction given under this Law shall be presumed, until the contrary is proven, to have been validly given and to have been given on the date on which it purports to have been given. (2) In subsection (1), a reference to the giving of an order shall be construed as including a reference to the making of an order, to the giving of a direction or a decision and to the imposing of a requirement.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_114\", \"num\": \"114.\", \"text\": \"Transitional provisions 114. (1) Nothing in this Law shall adversely affect the rights of any person where those rights \u2014 (a) were acquired under the Immigration Law (2012 Revision) or any earlier Law; and (b) existed immediately prior to the commencement of the Immigration (Amendment) (No. 2) Law, 2013 [Law 23 of 2013]. (2) Where prior to the commencement of the Immigration (Amendment) (No. 2) Law, 2013 an application for the right to reside permanently in the Islands was made and is still pending, the Caymanian Status and Permanent Residency Board and the Chief Immigration Officer shall deal with such application in accordance with the law in effect immediately prior to such commencement. (3) For the avoidance of doubt an application for the grant of the right to reside permanently in the Islands or a work permit made on or after the commencement of the Immigration (Amendment) (No. 2) Law, 2013 shall be determined in accordance with the law in effect at the time the application is being heard by the Board or, in the case of an appeal, by the Immigration Appeals Tribunal. (4) Where prior to the commencement of the Immigration (Amendment) (No. 2) Law, 2013 an application was made for the grant of the right to be Caymanian, the Caymanian Status and Permanent Residency Board and the Chief Immigration Law Immigration Officer shall deal with such application in accordance with the law in effect immediately prior to such commencement. (5) Where prior to the commencement of the Immigration (Amendment) (No. 2) Law, 2013 an application was made for the grant, renewal or variation of a work permit, or for a Term Limit Exemption Permit, the Work Permit Board, the Business Staffing Plan Board, the Cayman Brac and Little Cayman Board or the Chief Immigration Officer, as the case may be, shall deal with such application in accordance with the law in effect immediately prior to such commencement. (6) A person who at the commencement of the Immigration (Amendment) (No. 2) Law, 2013 holds an authorisation to work by operation of law on the basis of having submitted an application for permission to reside permanently in the Islands shall be deemed to hold permission under section 52(4) until such permission expires or is revoked. (7) For the avoidance of doubt where an appeal to the Immigration Appeals Tribunal was made prior to the commencement of the Immigration (Amendment) (No. 2) Law, 2013, the procedure governing the making and determination of such an appeal shall be that which is in effect after the commencement of that Law, but the appellant shall have a period of sixty days from the commencement of that Law in which to file detailed grounds of appeal as required by section 15(6) and if no written submissions are received by the Tribunal during such period it may proceed to determine the appeal without further notice being given to the appellant.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_115\", \"num\": \"115.\", \"text\": \"Application of general provisions to Cayman Brac and Little Cayman Immigration Board 115. In performing their functions and exercising their powers generally under this Law, sections 101 and 102 with all necessary amendments shall be construed as applying also to the Cayman Brac and Little Cayman Immigration Board.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_116\", \"num\": \"116.\", \"text\": \"Conflict with other laws 116. Except as otherwise expressly provided, wherever any provision of this Law or of a regulation is in conflict with any other law or regulation, this Law or regulation, as the case may be, shall prevail.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_117\", \"num\": \"117.\", \"text\": \"Savings of other laws 117. Nothing in this Law shall be construed so as to derogate from or abridge any provision of \u2014 (a) the Caribbean Development Bank Law (1997 Revision); or (b) the Diplomatic Privileges and Immunities Law (1997 Revision), or any law amending or replacing such laws. Immigration Law (2015 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_118\", \"num\": \"118.\", \"text\": \"Repealed 118. Repealed by section 40 of [Law 23 of 2013]\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_119\", \"num\": \"119.\", \"text\": \"Repealed 119. Repealed by section 41 of [Law 23 of 2013] Immigration Law (2015 Revision) SCHEDULE SCHEDULE IMMIGRATION LAW (2015 Revision) CERTIFICATE OF THE RIGHT TO BE CAYMANIAN effect from this day been granted the right to be Caymanian for all purposes of the above Law. Chairman of the Caymanian Status and Permanent Residency Board \/Governor. (1) A copy of the certificate shall be sent by the Secretary to the Chief Statistician and to the Chief Immigration Officer and the name of the grantee shall be published in the Gazette. The Secretary shall also retain a copy in the grantee\u2019s record. (2) Until the certificate is forfeited or revoked under this Law, the certificate shall be prima facie evidence that the grantee is a Caymanian. (3) In the event of the grantee\u2019s certificate becoming lost or destroyed, it shall be lawful for the Secretary to issue a duplicate thereof on payment by the grantee of the prescribed fee. Publication in consolidated and revised form authorised by the Cabinet this 14th day of July, 2015. Meredith Hew Acting Clerk of Cabinet\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2015_07_17\", \"date\": \"2015-07-17\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror (kyleg)\"}]}, \"temporalData\": {\"source\": \"#cilegis\", \"temporalGroup\": [{\"eId\": \"tg_inforce_2015_07_17\", \"timeInterval\": [{\"end\": null, \"start\": \"#e_commence_2015_07_17\", \"duration\": null, \"refersTo\": \"#inForce\"}]}]}, \"classification\": null, \"identification\": {\"source\": \"#cilegis\", \"FRBRWork\": {\"FRBRuri\": \"\/akn\/ky\/act\/2003\/34\", \"FRBRdate\": [{\"date\": \"2015-07-17\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/2003\/34\/!main\", \"FRBRalias\": [{\"name\": \"cmsId\", \"value\": \"2003-0034\"}], \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRnumber\": \"34 of 2003\", \"FRBRcountry\": \"ky\", \"FRBRsubtype\": \"principal\"}, \"FRBRExpression\": {\"FRBRuri\": \"\/akn\/ky\/act\/2003\/34\/eng@2015-07-17\", \"FRBRdate\": [{\"date\": \"2015-07-17\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/2003\/34\/eng@2015-07-17\/!main\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRlanguage\": \"eng\"}, \"FRBRManifestation\": {\"FRBRuri\": \"\/akn\/ky\/act\/2003\/34\/eng@2015-07-17.xml\", \"FRBRdate\": [{\"date\": \"2026-06-22\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/2003\/34\/eng@2015-07-17.xml\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRformat\": \"application\/xml\"}}}, \"name\": \"act\", \"header\": {\"title\": \"Grand Court Practice Directions\", \"actNumber\": \"34 of 2003\", \"longTitle\": null}}, \"doc\": null, \"bill\": null, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nIMMIGRATION LAW\n (2015 Revision)\nSupplement No. 14 published with Extraordinary Gazette No. 53 of 17th July, 2015.\n\nPage 2\nRevised as at 2nd day of July, 2015\nc\n\nPUBLISHING DETAILS\nLaw 34 of 2003 consolidated with Laws 13 of 2005, 3 of 2006, 35 of 2006, 3 of 2007, 17\nof 2008, 15 of 2010, 31 of 2010, 12 of 2011, 24 of 2011, 27 of 2011, 2 of 2012, 12 of\n2013, 23 of 2013 and 6 of 2015.\n\nRevised under the authority of the Law Revision Law (1999 Revision).\n\nOriginally enacted -\n\nLaw 34 of 2003-16th December, 2003\nLaw 13 of 2005-21st July, 2005\nLaw 3 of 2006-23rd March, 2006\nLaw 35 of 2006-20th December, 2006\nLaw 3 of 2007-23rd March, 2007\nLaw 17 of 2008-15th October, 2008\nLaw 15 of 2010-28th April, 2010\nLaw 31 of 2010-15th September, 2010\nLaw 12 of 2011-7th April, 2011(repealed)\nLaw 24 of 2011-30th September, 2011\nLaw 27 of 2011-18th November, 2011\nLaw 2 of 2012-5th April 2012\nLaw 12 of 2013-25th March, 2013\nLaw 23 of 2013-24th October, 2013\nLaw 6 of 2015-17th April, 2015.\n\nConsolidated and revised this 2nd day of July, 2015.\n\nNote (not forming part of the Law):  This revision replaces the 2014 Revision which\nshould now be discarded.\n\nImmigration Law (2015 Revision)\nArrangement of Sections\n\nc\nRevised as at 2nd day of July, 2015\nPage 3\n\nCAYMAN ISLANDS\n\nIMMIGRATION LAW\n(2015 Revision)\nArrangement of Sections\nSection\nPage\nPART 1 - Preliminary\n1.\nShort title ...................................................................................................................................7\n2.\nDefinitions ..................................................................................................................................7\nPART II - Administration\n3.\nAppointment of immigration officers ......................................................................................... 15\n4.\nImmigration Boards .................................................................................................................. 16\n5.\nCayman Brac and Little Cayman Immigration Board ................................................................ 17\n6.\nAppointment and functions of committees ................................................................................ 18\n7.\nAppointment of Immigration Boards, Director of Boards and Work Permits and functions\nof Boards ................................................................................................................................. 19\n8.\nMeetings of Boards .................................................................................................................. 20\n9.\nDuty of confidentiality ............................................................................................................... 21\n10.\nRemuneration and immunity of members of Boards ................................................................. 21\n11.\nImmigration Appeals Tribunal .................................................................................................. 21\n12.\nMeetings of Immigration Appeals Tribunal ............................................................................... 22\n13.\nApplication of sections 9 and 10 to the Immigration Appeals Tribunal ...................................... 22\n14.\nAppeals from decisions of immigration officer .......................................................................... 23\n15.\nAppeals from decisions of Boards and Chief Immigration Officer ............................................. 24\n16.\nConduct of appeals .................................................................................................................. 25\n17.\nOrders of Immigration Appeals Tribunal and appeals from its decisions ................................... 26\n18.\nDecisions to be administrative ................................................................................................. 27\n19.\nRules relating to appeals ......................................................................................................... 27\n\nArrangement of Sections\nImmigration Law\n\nPage 4\nRevised as at 2nd day of July, 2015\nc\n\nPART III - Provisions Relating to Caymanians\n20.\nCategories of Caymanians ....................................................................................................... 27\n21.\nCaymanian as of right .............................................................................................................. 28\n22.\nAcquisition of the right to be Caymanian by grant of the Board ................................................ 29\n23.\nPersons who may apply to the Chief Immigration Officer for the right to be Caymanian ........... 32\n24.\nMatters for Board\u2019s consideration ............................................................................................ 32\n25.\nProcedure in relation to applications for grant under section 22 ............................................... 33\n26.\nRecord to be kept of applications and grants ........................................................................... 34\n27.\nLoss of right to be Caymanian ................................................................................................. 34\n28.\nRevocation on conviction ......................................................................................................... 35\n28A. Right to relinquish grant ........................................................................................................... 36\nPART IV - Permanent Residence and Extended Residence\nCategories\n29.\nCategories of permanent residence ......................................................................................... 36\n30.\nPersons legally and ordinarily resident in the Islands for at least eight years ........................... 37\n31.\nResidency and Employment Rights Certificate for spouse of a Caymanian .............................. 41\n32.\nDependants of Residency and Employment Rights Certificate holders .................................... 43\n33.\nLoss of Residency and Employment Rights Certificate ............................................................ 43\n34.\nResidency Certificate for Persons of Independent Means ........................................................ 44\n34A. Certificate of Permanent Residence for Persons of Independent Means .................................. 45\n35.\nSpouse and dependants of the holder of a Residency Certificate for Persons of\nIndependent Means or a Certificate of Permanent Residence for Persons of Independent\nMeans ..................................................................................................................................... 46\n36.\nDependants of the holder of a Residency Certificate for Persons of Independent Means\nor a Certificate of Permanent Residence for Persons of Independent Means ........................... 46\n36A. Revocation of Certificate of Permanent Residence for Persons of Independent Means or\nCertificate of Permanent Residence for Dependants of Persons of Independent Means .......... 47\n37.\nRevocation of Residency Certificate for Persons of Independent Means .................................. 47\n37A. Certificate of Direct Investment ................................................................................................ 47\n37B. Revocation of Certificate of Direct Investment.......................................................................... 50\n37C. Certificate for Specialist Caregivers ......................................................................................... 50\n37D. Residency Certificate (Substantial Business Presence) ........................................................... 53\n38.\nGeneral provisions relating to loss of permanent residency ..................................................... 55\n39.\nQualification for legal and ordinary residence in Part IV ........................................................... 57\nPART V - Gainful Occupation of Non-Caymanians\n40.\nPersons exempted ................................................................................................................... 57\n40A. Provisions not applicable to special economic zone developer and special economic zone\nenterprise ................................................................................................................................ 58\n41.\nWho may be gainfully occupied ............................................................................................... 58\n42.\nApplication for work permit ....................................................................................................... 59\n43.\nApplication of certain sections to Cayman Brac and Little Cayman Immigration Board ............ 60\n44.\nConsideration of application for work permit by Board or Chief Immigration Officer .................. 60\n45.\nBusiness Staffing Plan ............................................................................................................. 62\n46.\nResponsibility of the Board in processing applications for professional employees .................. 63\n46A. Restricted areas of employment .............................................................................................. 64\n\nImmigration Law (2015 Revision)\nArrangement of Sections\n\nc\nRevised as at 2nd day of July, 2015\nPage 5\n\n47.\nEmployers in need of domestic helpers.................................................................................... 64\n48.\nGrant or refusal of work permit ................................................................................................. 64\n49.\nKey employees ........................................................................................................................ 67\n50.\nChange of employer ................................................................................................................ 68\n51.\nProhibition against unauthorised promotion or re-designation .................................................. 69\n52.\nTerm limits ............................................................................................................................... 69\n52A. Term Limit Exemption Permit ................................................................................................... 73\n53.\nTemporary work permit ............................................................................................................ 74\n54.\nBusiness visitors\u2019 permit .......................................................................................................... 76\n54A. Visitor\u2019s Work Visa ................................................................................................................... 76\n55.\nWork permit fees ..................................................................................................................... 78\n56.\nOffence to engage in gainful occupation or to employ persons in contravention of this\nPart .......................................................................................................................................... 78\n56A. Administrative fines and levies ................................................................................................. 81\nPART VI - Entry and Landing\n57.\nDiscretion of Chief Immigration Officer and duty of persons arriving in the Islands ................... 81\n58.\nDuty of local agent of vessel to give notice of arrival ................................................................ 82\n59.\nInward passenger and crew manifests ..................................................................................... 82\n60.\nControl of landing from vessels ................................................................................................ 82\n61.\nOutward passenger and crew manifests .................................................................................. 83\n62.\nGovernment vessels ................................................................................................................ 83\n63.\nCabinet may issue entry permit ................................................................................................ 83\n64.\nTravel documents .................................................................................................................... 83\n65.\nCertain persons deemed not to have landed in the Islands ...................................................... 84\n66.\nGeneral prohibition from landing in the Islands without specific permission of immigration\nofficer ...................................................................................................................................... 84\n67.\nEntry by persons other than Caymanians or persons legally and ordinarily resident ................ 85\n68.\nRequirements to be satisfied by visitors ................................................................................... 86\n69.\nProvisions relating to sponsors ................................................................................................ 87\n70.\nSafeguards regarding permission to land, etc. ......................................................................... 87\n71.\nDisembarkation and embarkation cards ................................................................................... 88\n72.\nDetention of persons who have been refused permission to land, etc. ..................................... 88\n73.\nDuty of master with respect to removal of person landing unlawfully where permission to\nland is refused ......................................................................................................................... 89\n74.\nRemoval of certain persons unlawfully in the Islands ............................................................... 89\n75.\nEscorts for persons removed from the Islands under directions ............................................... 90\n76.\nRegister to be kept and particulars furnished by hotel keepers and others ............................... 91\n77.\nRe-entry permit ........................................................................................................................ 91\n78.\nOffences relating to illegal landing and powers of arrest .......................................................... 92\n79.\nRegister of non-Caymanians.................................................................................................... 93\n80.\nApplication of other laws .......................................................................................................... 93\n81.\nEstablishment of stop list ......................................................................................................... 93\n82.\nProhibited immigrants .............................................................................................................. 93\n83.\nStudent visas ........................................................................................................................... 94\nPART VII - Asylum\n84.\nApplication for asylum .............................................................................................................. 96\n\nArrangement of Sections\nImmigration Law\n\nPage 6\nRevised as at 2nd day of July, 2015\nc\n\n85.\nLimitations on rights of appeal under section 84 ...................................................................... 98\n86.\nHelping asylum-seeker to enter the Islands ............................................................................. 98\nPART VIII - Deportation\n87.\nNon-application of this Part with respect to Caymanians .......................................................... 98\n88.\nReport preliminary to deportation order .................................................................................... 98\n89.\nPower of Governor to make, revoke, vary or modify a deportation order and duty to report\nto Secretary of State ................................................................................................................ 99\n90.\nForm of deportation order ...................................................................................................... 100\n91.\nService of deportation order and power to detain deportees .................................................. 100\n92.\nDuty to comply with deportation order .................................................................................... 100\n93.\nDuty to afford transportation of deportee to a place outside the Islands ................................. 101\n94.\nHarbouring deportee .............................................................................................................. 101\n95.\nArrest of person contravening, etc., this Part ......................................................................... 101\n96.\nEvidence in proceedings taken under this Part ...................................................................... 101\n97.\nProceedings to be sanctioned by Attorney General................................................................ 101\nPART IX - General\n98.\nIdentification cards ................................................................................................................. 102\n99.\nRegulations ........................................................................................................................... 102\n100. Directions to Board and Chief Immigration Officer ................................................................. 103\n101. Power to put questions and require production of documents ................................................ 103\n102. Obstruction of persons acting in execution of Law ................................................................. 103\n103. Authorisation to carry arms .................................................................................................... 104\n104. Offences relating to false documents, etc. ............................................................................. 104\n105. Possession of immigration stamp .......................................................................................... 105\n106. Assisting entry in breach of deportation, exclusion or removal order ...................................... 105\n107. Provision of immigration services ........................................................................................... 107\n108. Registration and exemption by the Chief Immigration Officer ................................................. 107\n109. Human smuggling .................................................................................................................. 108\n110. Punishment for offences for which no penalty is provided ...................................................... 108\n111. Offence to enter into marriage of convenience ....................................................................... 108\n112. Offences against Law by corporations, liability of officers, etc. ............................................... 108\n113. Evidence in proceedings taken under, or in connection with, Law .......................................... 109\n114. Transitional provisions ........................................................................................................... 109\n115. Application of general provisions to Cayman Brac and Little Cayman Immigration Board ...... 110\n116. Conflict with other laws .......................................................................................................... 110\n117. Savings of other laws ............................................................................................................. 110\n118. Repealed ............................................................................................................................... 111\n119. Repealed ............................................................................................................................... 111\nSCHEDULE\n113\nIMMIGRATION LAW\n113\nCERTIFICATE OF THE RIGHT TO BE CAYMANIAN\n113\n\nImmigration Law (2015 Revision)\nSection 1\n\nc\nRevised as at 2nd day of July, 2015\nPage 7\n\nCAYMAN ISLANDS\n\nIMMIGRATION LAW\n(2015 Revision)\nENACTED by the Legislature of the Cayman Islands.\nPART 1 - Preliminary\n1.\nShort title\n1.\nThis Law may be cited as the Immigration Law (2015 Revision).\n2.\nDefinitions\n2.\nIn this Law \u2014\n\u201cadopted\u201d means adopted in such manner as is recognised by the law of the\ndomicile of the person adopted at the time of the adoption;\n\u201cAppellate Tribunal\u201d means the Work Permit Board or the Immigration\nAppeals Tribunal, as the case may be, acting in an appellate capacity;\n\u201cappointed date\u201d means the date of commencement of the Immigration\n(Amendment) (No. 2) Law, 2013 [Law 23 of 2013];\n\u201cappropriate authority\u201d means a body or other entity charged with the\nresponsibility for regulating the particular profession;\n\u201carms\u201d means firearms as defined in the Firearms Law (2008 Revision), and\nincludes batons and handcuffs;\n\u201cBoard\u201d means one of the three Boards established under section 4 and\nincludes, for the purposes of sections 44(4)(b), 49, 52 and 56, the Cayman\nBrac and Little Cayman Immigration Board;\n\nSection 2\nImmigration Law\n\nPage 8\nRevised as at 2nd day of July, 2015\nc\n\n\u201cBusiness Staffing Plan\u201d means the Plan referred to in section 45;\n\u201cBusiness Staffing Plan Board\u201d means the Business Staffing Plan Board\nestablished under section 4(4);\n\u201cBusiness Staffing Plan Certificate\u201d means the certificate that is issued by\nthe Business Staffing Plan Board to the holder of an approved Business\nStaffing Plan;\n\u201cbusiness visitor\u201d means a person who has been issued with a business\nvisitor\u2019s permit granted under section 54;\n\u201cby entitlement\u201d in relation to the right to be Caymanian under\nsection 20(1)(d) means entitlement by a person by virtue only of his being, in\nthe determination of the Chief Immigration Officer;\n(a)\nthe child of a Caymanian;\n(b) under the age of eighteen years; and\n(c)\nlegally and ordinarily resident in the Islands for a period of not less than\none year\n\u201ccareer development bureau\u201d means a bureau established by a special\neconomic zone developer and approved by the Special Economic Zone\nAuthority to review and aid the training, employment and advancement of\nCaymanians in a special economic zone;\n\u201cCayman Brac and Little Cayman Immigration Board\u201d means the\nImmigration Board appointed under section 5;\n\u201cCaymanian\u201d means a person who possesses Caymanian status under the\nrepealed Immigration Law (2003 Revision) or any earlier law providing for the\nsame or similar rights, and includes a person who acquired that status under\nPart III;\n\u201cCaymanian Status and Permanent Residency Board\u201d means the\nCaymanian Status and Permanent Residency Board established under\nsection 4(3);\n\u201cChairman\u201d means the Chairman of the pertinent Board;\n\u201cchild\u201d means the biological or adopted child, whether or not born in wedlock;\n\u201cconvicted and deportable\u201d, in relation to a person, means a person in respect\nof whom any court \u2014\n(a)\ncertifies to the Governor that he has been convicted by that court, or by\nan inferior court from which his case has been brought by way of appeal,\nof any offence punishable with imprisonment otherwise than only in\ndefault of payment of a fine; and\n(b) recommends that a deportation order should be made in his case, either in\naddition to or in lieu of sentence;\n\nImmigration Law (2015 Revision)\nSection 2\n\nc\nRevised as at 2nd day of July, 2015\nPage 9\n\n\u201ccourt\u201d means a court in any jurisdiction but where a foreign court hands\ndown a conviction, the offence in relation to that conviction shall be one which\nis recognised as such in the Islands;\n\u201ccrew\u201d means persons employed in the working or service of a vessel;\n\u201ccut-off date\u201d means a date falling two years after the appointed date;\n\u201cdependant\u201d, in relation to a person, other than a person referred to in\nsection 67 means the spouse of that person, or one of the following relations of\nthat person, namely a child, step-child, adopted child, grandchild, parent, stepparent, grandparent, brother, sister, half-brother, half-sister, being, in each\ncase, wholly or substantially dependent upon that person;\n\u201cdeportation order\u201d means an order made or in force under Part VIII\nrequiring the person in respect of whom it is made to leave and remain out of\nthe Islands;\n\u201cdestitute person\u201d means a person who is, or is likely to be, a charge on\npublic funds by reason of mental or bodily ill-health or insufficiency of means\nto support himself and his dependants, if any;\n\u201cDirector of Boards and Work Permits\u201d means the Director of Boards and\nWork Permits holding office under section 7(1);\n\u201cdisembark\u201d includes alight from;\n\u201celderly person\u201d means a person over the age of sixty-five years;\n\u201celectoral district\u201d bears the meaning ascribed to that expression in section 2\nof the Elections Law (2013 Revision);\n\u201cemployee\u201d means a person who engages in gainful occupation in the service\nof himself or an employer;\n\u201cemployer\u201d means a person who for reward engages the services of another\nand includes a prospective employer;\n\u201cemployment generating business\u201d means business in which at least thirty\nper cent of the total number of employees are Caymanians unless overriding\ncircumstances dictate a lower percentage;\n\u201cfinal work permit\u201d, other than in section 52(10), means a work permit which\nat the time of its grant or renewal is stated to be the final work permit for a\nworker in accordance with his term limit or, where not so expressly stated, is\nthe last work permit that can be granted or renewed in respect of a worker as a\nconsequence thereof;\n\u201cfixed term work permit\u201d means the special work permit that the Chief\nImmigration Officer may grant under section 52;\n\u201cfull-time\u201d, in relation to a student, means attendance at a single educational\ninstitution for a minimum of ten hours per week of organised daytime study;\n\nSection 2\nImmigration Law\n\nPage 10\nRevised as at 2nd day of July, 2015\nc\n\n\u201cgainful occupation\u201d means the carrying on of or employment in any\nprofession, trade, business or other vocation in or in relation to the Islands and,\nfor the purposes of Part V, a person so engaged is deemed to be working for\ngain or reward unless the contrary is proved;\n\u201cHealth Officer\u201d means a registered medical practitioner appointed by the\nCabinet to be a Health Officer for the purposes of this Law;\n\u201chealth practitioner\u201d bears the meaning ascribed to that expression in the\nHealth Practice Law (2013 Revision);\n\u201cimmigration advice\u201d means advice which \u2014\n(a)\nrelates to a particular individual;\n(b) is given in connection with one or more relevant matters;\n(c)\nis given by a person who knows that he is giving it in relation to a\nparticular individual and in connection with one or more relevant\nmatters; and\n(d) is not given in connection with representing an individual before a court\nin legal proceedings or matters ancillary to such proceedings;\n\u201cImmigration Appeals Tribunal\u201d means the Immigration Appeals Tribunal\nestablished under section 11;\n\u201cimmigration function\u201d means a function of an immigration officer under\nthis Law;\n\u201cimmigration officer\u201d means the Chief Immigration Officer or any other\nimmigration officer holding office under section 3(1);\n\u201cimmigration services\u201d means the making of representations on behalf of a\nparticular individual \u2014\n(a)\nin civil proceedings before a court, tribunal or adjudicator in the\nIslands; or\n(b) in correspondence with a Government department in connection with one\nor more relevant matters;\n\u201cimmigration stamp\u201d means a device which is designed for the purpose of\nstamping documents in the exercise of an immigration function;\n\u201ckeeper\u201d, where used in relation to premises where accommodation is\nprovided for reward, includes a person who, for reward, is licensed under the\nTourism Law (1995 Revision) to provide accommodation to another to lodge\nin the premises whether on his own behalf or as a manager or otherwise on\nbehalf of any other person;\n\u201ckey employee\u201d means a person who has been identified by his employer and\ndesignated by the Work Permit Board or the Business Staffing Plan Board as\nsuch for having satisfied any criterion contained in section 49(4);\n\nImmigration Law (2015 Revision)\nSection 2\n\nc\nRevised as at 2nd day of July, 2015\nPage 11\n\n\u201cland\u201d means to go to, to be, to remain or to reside in any place in the Islands\nother than \u2014\n(a)\non board a vessel; or\n(b) in a place under the control of an immigration officer in his official\ncapacity;\n\u201clegal and ordinary residence\u201d means a person\u2019s uninterrupted voluntary\nphysical presence in the Islands for a period of time without legal impediment\n(other than a tourist visitor or transit passenger) during which period the\nIslands are regarded as his normal place of abode for the time being,\nsave that \u2014\n(a)\nabsences abroad of six consecutive months\u2019 duration or less for, inter\nalia, purposes of education, health, vacation or business during such\nperiod shall count as residence in the Islands;\n(b) absences abroad of more than six consecutive months but less than one\nyear shall raise the presumption that there has been a break in\nresidence; and\n(c)\nabsences abroad for twelve consecutive months or more shall constitute a\nbreak in residence;\n\u201clevy\u201d means the annual work permit fee applicable to a worker \u2014\n(a)\nat the date when he first engaged in gainful occupation without a valid\nwork permit; or\n(b) at the date of the first failure to comply with the conditions and\nlimitations of his work permit,\nas the case may be; and a certificate issued by the Chief Immigration Officer\nshall be prima facie evidence of such fee;\n\u201clocal agent\u201d, in relation to a vessel, means \u2014\n(a)\nthe owner of the vessel, if the owner is in the Islands;\n(b) any corporate body owning or operating, whether under charter or\notherwise, the vessel for the time being, where such corporate body\nmaintains an office in the Islands; or\n(c)\nthe agent in the Islands for the person or corporate body for the time\nbeing owning or operating the vessel;\n\u201cmarriage of convenience\u201d means a marriage entered into with the primary\nintention of avoiding, or benefiting from, any of the provisions of this Law;\n\u201cMarriage Officer\u201d means a Marriage Officer under the Marriage Law (2010\nRevision);\n\u201cmaster of a vessel\u201d includes the pilot of an aircraft or hovercraft;\n\u201coffence\u201d for the purposes of a grant of a work permit, the revocation of a\nwork permit or the refusal to renew a work permit by the Board under Parts\n\nSection 2\nImmigration Law\n\nPage 12\nRevised as at 2nd day of July, 2015\nc\n\nIII, (other than sections 22 and 28), IV or V means a contravention against this\nor any other Law of the Islands in respect of which \u2014\n(a)\na term of imprisonment in excess of six months could be imposed\notherwise than in default of payment of a fine; or\n(b) lesser terms of imprisonment totalling in excess of six months in the\naggregate as a result of multiple convictions could be imposed, and\n(c)\nno appeal is pending and the time for lodging an appeal has expired;\n\u201cpassenger\u201d means a person, other than a member of the crew, travelling on\nboard a vessel;\n\u201cpassport\u201d means a current valid passport furnished with a photograph and\nduly issued in favour of the person named therein;\n\u201cpermanent resident\u201d means a person who has been granted permission \u2014\n(a)\nunder Part IV; or\n(b) by virtue of any earlier law,\nto remain permanently in the Islands and whose permission to so remain is still\ncurrent and has not been revoked or lost in any way;\n\u201cperson with a disability\u201d means a person who suffers from a permanent\nphysical or mental disability which has been documented by a doctor and who\nas a result of this disability is dependent on the care of a specialist caregiver;\n\u201cpoints system\u201d means the guidelines set out in Schedule 2 to the Regulations\nwhereby the Caymanian Status and Permanent Residency Board or the Chief\nImmigration Officer shall evaluate the merits of an application for permanent\nresidence by awarding to, or discounting from the applicant, credits based on\nhis personal and occupational attributes as well as his potential value to the\ncommunity;\n\u201cprescribed\u201d in relation to any matter, means prescribed by this Law or by\nregulations made under this Law;\n\u201cprofessional employee\u201d means a person qualified as a lawyer, accountant,\nmedical professional, architect, surveyor, teacher, minister of religion or\nqualified in any other occupation that may be prescribed;\n\u201cprohibited immigrant\u201d, has the meaning ascribed to it in section 82;\n\u201crecreational sports fishing vessel\u201d means a sports fishing boat based in the\nCayman Islands and registered in accordance with prescribed procedure;\n\u201crefugee\u201d bears the meaning ascribed to that expression in the Refugee\nConvention;\n\u201cRefugee Convention\u201d means the Convention relating to the Status of\nRefugees done at Geneva on the 28th July, 1951 and the Protocol to the\nConvention;\n\nImmigration Law (2015 Revision)\nSection 2\n\nc\nRevised as at 2nd day of July, 2015\nPage 13\n\n\u201cregulation\u201d means any rule, order, proclamation, direction, notification or\nother subsidiary legislation made under this Law;\n\u201crelevant matters\u201d means any of the following \u2014\n(a)\na claim for asylum;\n(b) an application for a work permit, visa or an extension of permission to\nenter or remain in the Islands;\n(c)\nunlawful entry into the Islands;\n(d) an application for the right to be Caymanian;\n(e)\nan application to reside permanently in the Islands;\n(f)\nan application for a Residency and Employment Rights Certificate;\n(g) an application for a Residency Certificate for Persons of Independent\nMeans;\n(h) removal or deportation from the Islands;\n(i)\nan application for bail for an immigration offence; or\n(j)\nan appeal against, or an application for judicial review in relation to any\ndecision taken in connection\nwith a\nmatter referred to in\nparagraphs (a) to (i);\n\u201creplica immigration stamp\u201d means a device which is designed for the\npurpose of stamping a document so that it appears to have been stamped in the\nexercise of an immigration function;\n\u201crestricted area of employment\u201d means any profession, trade, business,\noccupation, vocation or type of employment, designated by the Cabinet under\nsection 46A;\n\u201cseasonal worker\u201d means a person who has been or may be granted a\ntemporary work permit by the Chief Immigration Officer under section 53 for\nemployment in the tourism, hospitality or water sports industry during the\npeak tourism season for a continuous period not exceeding eight months in any\nperiod of twelve months;\n\u201cSecretary\u201d means the Secretary of the pertinent Board;\n\u201csettled\u201d, in relation to a person residing in the Islands, means a\nperson who \u2014\n(a)\nis legally and ordinarily resident in the Islands;\n(b) is not subject to any immigration restriction or control on the duration of\nhis stay in the Islands; and\n(c)\nhas not voluntarily emigrated with the intention of making his home\nelsewhere;\n\nSection 2\nImmigration Law\n\nPage 14\nRevised as at 2nd day of July, 2015\nc\n\n\u201csick person\u201d means a person who suffers from an illness which has been\ncertified by a doctor as not being short-term in nature and as a result of which\nthe person is dependent on the care of a specialist caregiver;\n\u201cspecial circumstances\u201d, in relation to a change of employer or occupation,\nincludes a situation where \u2014\n(a)\nthe position has become redundant;\n(b) the worker is being victimised by the employer or by other employees of\nthat employer;\n(c)\nthe employer has changed due to corporate action such as merger or\namalgamation; or\n(d) the worker has been given written consent by his present employer;\n\u201cspecial economic zone\u201d has the meaning assigned to that expression under\nsection 2 of the Special Economic Zone Law, 2011 [Law 22 of 2011];\n\u201cSpecial Economic Zone Authority\u201d means the authority established as such\nunder section 3 of the Special Economic Zone Law, 2011;\n\u201cspecial economic zone developer\u201d means a person declared to be a\ndeveloper pursuant to section 12 of the Special Economic Zone Law, 2011;\n\u201cspecial economic zone enterprise\u201d has the meaning assigned to that\nexpression under section 2 of the Special Economic Zone Law, 2011;\n\u201cspecialist caregiver\u201d means a person who, in the capacity of domestic\nhelper, nurse, nanny or in some other care-giving capacity, cares for an elderly\nperson, a person with a disability or a sick person;\n\u201csponsor\u201d, in relation to a tourist visitor, means a person who accepts\nresponsibility for the tourist visitor\u2019s care, upkeep and departure from the\nislands;\n\u201cstep-child\u201d means a child of one of the parties to a marriage;\n\u201cstop list\u201d has the meaning ascribed to it in section 81;\n\u201cstudent\u201d means a non-Caymanian who is neither the spouse of a Caymanian,\na permanent resident of the Islands nor the holder of a Residency and\nEmployment Rights Certificate and who \u2014\n(a)\nis eighteen years of age or older;\n(b) is seeking to enter the Cayman Islands for the purpose of attending a\nrecognised educational institution on a full-time basis;\n(c)\nintends to leave the Islands at the end of his studies; and\n(d) is not named as a dependant for the purposes of this Law;\n\u201csubstantial management control\u201d means control exercisable by the\napplicant by virtue of his being a director on the Board of Directors of each\nbusiness entity in which he has invested or will be investing;\n\nImmigration Law (2015 Revision)\nSection 3\n\nc\nRevised as at 2nd day of July, 2015\nPage 15\n\n\u201cterm limit\u201d means the maximum period of time in respect of which work\npermits may be granted or renewed for a worker as prescribed in section 52(1);\n\u201cTerm Limit Exemption Permit\u201d means a Permit granted under section 52A;\n\u201ctourist visitor\u201d means a person arriving in the Islands for a visit of not more\nthan six months\u2019 duration otherwise than for a professional, financial trade or\nbusiness purpose or for the purpose of seeking or engaging in employment;\n\u201ctransit passenger\u201d means a passenger who has arrived in the Islands for a\nperiod of not more than twenty-four hours, is in possession of the required\ntravel documents and is on his way to a destination other than the country from\nwhich he arrived;\n\u201cundesirable person\u201d means a person who in the opinion of the Governor is,\nor has been, so conducting himself, whether within or outside the Islands, that\nhis presence in the Islands is or is likely to be prejudicial to the maintenance of\npeace, order and good government or public morals in the Islands;\n\u201cvessel\u201d includes aircraft or hovercraft;\n\u201cworker\u201d means a person in respect of whom a work permit or a Term Limit\nExemption Permit has been or may be granted or renewed, respectively, under\nPart V;\n\u201cwork permit\u201d means a work permit granted under section 48, and, subject to\nsection 56, includes a temporary work permit or a temporary work permit for\nseasonal workers granted under section 53; and\n\u201cWork Permit Board\u201d means the Work Permit Board established under\nsection 4(2).\nPART II - Administration\n3.\nAppointment of immigration officers\n3.\n(1) There shall be a Chief Immigration Officer and such other immigration\nofficers as are necessary for the purposes of carrying out this Law, who shall\nbe public officers.\n(2) Subject to subsection (3), immigration officers shall have all the rights,\npowers, privileges and immunities of a constable when discharging their duties\nunder this Law and may, for that purpose, board and search any vessel.\n(3) Specifically, the following senior immigration officers shall enjoy the same\nrights, powers, privileges and immunities when discharging their duties under\nthis Law as their counterparts in Her Majesty\u2019s Police Force as shown in the\nTable \u2014\nImmigration Officer\nPolice Officer\n\nSection 4\nImmigration Law\n\nPage 16\nRevised as at 2nd day of July, 2015\nc\n\nAssistant Chief Immigration Officer\nInspector\nDeputy Chief Immigration Officer\nChief Superintendent\n\n4.\nImmigration Boards\n4.\n(1) There are established three Immigration Boards \u2014\n(a)\nthe Work Permit Board;\n(b) the Caymanian Status and Permanent Residency Board; and\n(c)\nthe Business Staffing Plan Board.\n(2) The Work Permit Board shall consist of the following persons appointed by\nand holding office at the pleasure of the Cabinet save for those persons\nreferred to in paragraphs (e) to (i) who shall be public officers and shall hold\noffice by virtue of their public service appointment \u2014\n(a)\na Chairman;\n(b) a deputy Chairman;\n(c)\nfor each electoral district, one member selected from among persons\nlegally and ordinarily resident in that district;\n(d) not more than three other persons legally and ordinarily resident in the\nIslands;\n(e)\nthe Chief Immigration Officer or his designate;\n(f)\nthe Director of Boards and Work Permits or his designate;\n(g) the Director of Employment Relations or his deputy or other designate;\n(h) a Secretary; and\n(i)\nan assistant Secretary.\n(3) The Caymanian Status and Permanent Residency Board shall consist of the\nfollowing persons appointed by and holding office at the pleasure of the\nCabinet save for those persons referred to in paragraphs (e) to (h) who shall be\npublic officers and shall hold office by virtue of their public service\nappointment \u2014\n(a)\na Chairman;\n(b) a deputy Chairman;\n(c)\nfor each electoral district, one member selected from among persons\nlegally and ordinarily resident in the district;\n(d) not more than three other persons legally and ordinarily resident in the\nIslands;\n(e)\nthe Chief Immigration Officer or his designate;\n\nImmigration Law (2015 Revision)\nSection 5\n\nc\nRevised as at 2nd day of July, 2015\nPage 17\n\n(f)\nthe Director of Boards and Work Permits or his designate;\n(g) a Secretary; and\n(h) an assistant Secretary.\n(4) The Business Staffing Plan Board shall consist of the following persons\nappointed by and holding office at the pleasure of the Cabinet save for those\npersons referred to in paragraphs (e) to (j) who shall be public officers and\nshall hold office by virtue of their public service appointment \u2014\n(a)\na Chairman;\n(b) a deputy Chairman;\n(c)\nsix representatives from the business community appointed so as to\nensure a broad representation of the various industries in the Islands;\n(d) not more than three other persons legally and ordinarily resident in the\nIslands;\n(e)\nthe Director of Employment Relations or his deputy or other designate;\n(f)\nthe Chief Education Officer or his designate;\n(g) the Chief Immigration Officer or his designate;\n(h) the Director of Boards and Work Permits or his designate;\n(i)\na Secretary; and\n(j)\nan assistant Secretary.\n(5) Subject to this Law, the members of the Boards referred to in sub-section\n(2)(e) to (i), subsection (3)(e) to (h) and subsection (4)(e) to (j) shall have such\npowers, privileges and responsibilities as the other members of the Board but\nshall not have the right to vote at Board meetings.\n5.\nCayman Brac and Little Cayman Immigration Board\n5.\n(1) There is established a Board called the Cayman Brac and Little Cayman\nImmigration Board which shall consist of \u2014\n(a)\na Chairman;\n(b) a deputy Chairman; and\n(c)\nthree other members appointed by the Cabinet.\n(2) The members of the Cayman Brac and Little Cayman Immigration Board shall\nbe appointed by and hold office at the pleasure of the Cabinet.\n(3) The Cabinet may appoint committees of members of the Cayman Brac and\nLittle Cayman Immigration Board and may delegate to any such committee\nsuch function of that Board as it considers necessary.\n(4) The Cabinet may appoint a Secretary to a committee appointed under\nsubsection (3), and such Secretary shall have no right to vote.\n\nSection 6\nImmigration Law\n\nPage 18\nRevised as at 2nd day of July, 2015\nc\n\n(5) A delegation under subsection (3) \u2014\n(a)\nshall be in writing;\n(b) may be made subject to such limitations and conditions as are specified\nin the instrument of delegation;\n(c)\nmay be determined at any time; and\n(d) does not affect the exercise of the delegated function of the Cayman Brac\nand Little Cayman Immigration Board.\n(6) The Cayman Brac and Little Cayman Immigration Board shall have the\nfollowing functions and powers \u2014\n(a)\nthe processing and determination of applications for the grant or renewal\nof work permits, other than for an employer with a Business Staffing\nPlan Certificate, applied for by persons who are seeking gainful\noccupation in Cayman Brac or Little Cayman;\n(b) the determination of any ancillary matter connected with the grant of\npermits under paragraph (a); and\n(c)\nsuch other functions and powers within the scope of this Law as the\nCabinet may, from time to time, assign to it by regulation.\n(7) Subject to subsection (8), sections 8, 9, 10, 14, 15, 16 and 18 with all\nnecessary amendments shall be construed as applying also to the Cayman Brac\nand Little Cayman Immigration Board.\n(8) Three members of the Cayman Brac and Little Cayman Immigration Board\npresent at any meeting shall form a quorum.\n6.\nAppointment and functions of committees\n6.\n(1) The Chairman of a Board may appoint committees comprising no fewer than\nthree members of his Board including himself or his deputy, and may delegate\nto such committees any of the functions of his Board, save that \u2014\n(a)\nhe shall, as soon as practicable, notify the Cabinet of the appointment of\nany such committee; and\n(b) either he or his deputy shall be the Chairman of each committee so\nappointed.\n(2) Notwithstanding subsection (1), no committee shall be empowered to \u2014\n(a)\ngrant the right to be Caymanian;\n(b) grant permanent residence;\n(c)\ngrant Residency and Employment Rights Certificates;\n(d) issue Business Staffing Plans Certificates;\n(e)\nadjudicate appeals from the decisions of immigration officers; or\n(f)\ndesignate a worker as a key employee.\n\nImmigration Law (2015 Revision)\nSection 7\n\nc\nRevised as at 2nd day of July, 2015\nPage 19\n\n(3) The Secretary or Assistant Secretary of the Board shall be the Secretary of\neach committee so appointed.\n7.\nAppointment of Immigration Boards, Director of Boards and Work Permits\nand functions of Boards\n7.\n(1) There shall be a Director of Boards and Work Permits who shall be a public\nofficer and to whom each Secretary shall report.\n(2) The duties of the Director of Boards and Work Permits shall include \u2014\n(a)\nthe planning and co-ordination of the activities of \u2014\n(i)\nthe Boards; and\n(ii) the Work Permit and Permanent Residence Administration section;\n(b) development and implementation of strategies and systems to promote\nefficiency in the processing of applications by the Boards and by the\nWork Permit and Permanent Residence Administration section;\n(c)\nmeetings with the public, at his sole discretion, in relation to immigration\nmatters; and\n(d) attending to administrative matters assigned to him by the Chief\nImmigration Officer.\n(3) The Boards shall have the following functions and powers \u2014\n(a)\nthe Work Permit Board shall have responsibility for \u2014\n(i)\nprocessing, determining and granting of applications for the grant or\nrenewal of work permits other than for an employer with a Business\nStaffing Plan Certificate; and\n(ii) the adjudication of appeals from the decisions of immigration\nofficers.\n(b) the Caymanian Status and Permanent Residency Board shall have\nresponsibility for the processing, determining and granting of\napplications for the right \u2014\n(i)\nto be Caymanian;\n(ii) to reside permanently in the Islands; and\n(iii) of a spouse of a Caymanian to possess a Residency and\nEmployment Rights Certificate; and\n(c)\nthe Business Staffing Plan Board shall have responsibility in Grand\nCayman, Little Cayman and Cayman Brac for \u2014\n(i)\nprocessing and determining Business Staffing Plans;\n(ii) issuing Business Staffing Plan Certificates; and\n\nSection 8\nImmigration Law\n\nPage 20\nRevised as at 2nd day of July, 2015\nc\n\n(iii) processing, determining and granting applications for the grant or\nrenewal of work permits applied for by any employer who\npossesses a Business Staffing Plan Certificate.\n(4) In addition to the functions referred to in subsection (3), the Boards shall \u2014\n(a)\ndetermine any ancillary matter connected to subsection (3);\n(b) exercise such other functions and powers within the scope of this Law as\nthe Governor may, from time to time, assign to it by regulation; and\n(c)\nexercise such other powers and functions as may be assigned to it under\nthis or any other law.\n8.\nMeetings of Boards\n8.\n(1) Each Board shall meet at least once in every calendar month and upon such\nother occasions as, in the opinion of its Chairman, may be necessary or\ndesirable in the public interest.\n(2) Any member of a Board who, without obtaining the prior written permission\nof the Chairman, is absent from more than two out of five consecutive\nmeetings of that Board shall cease to be a member of that Board.\n(3) In the absence of the Chairman and the deputy Chairman at any meeting, the\nmembers present may elect one of their number to preside as Chairman at that\nmeeting.\n(4) At every meeting of a Board \u2014\n(a)\nit shall reach its decisions by a majority of the votes of members present\nand voting;\n(b) the Chairman or presiding member shall have no original but only a\ncasting vote; and\n(c)\nfive voting members present shall form a quorum.\n(5) Where a member of a Board has a personal or pecuniary interest, direct or\nindirect, in any matter which is to be determined by that Board, he shall, if\npresent at the meeting of that Board at which such matter is to be determined,\nas soon as practicable after the commencement thereof, disclose the fact and\nleave the meeting.\n(6) The Secretary of each Board shall record and keep all minutes of the meetings,\nproceedings and decisions of that Board.\n(7) Subject to subsections (1) to (6), each Board shall have power to regulate its\nown procedure.\n\nImmigration Law (2015 Revision)\nSection 9\n\nc\nRevised as at 2nd day of July, 2015\nPage 21\n\n9.\nDuty of confidentiality\n9.\n(1) The fact and any particulars of, or relating to, any matter falling for\nconsideration by, or the decision of, a Board shall be treated as confidential by\neach member of that Board and he shall not disclose any such fact or particular\notherwise than in the proper performance of his duties under this Law or in\ncompliance with the order of a court of competent jurisdiction.\n(2) The failure of any member to comply with subsection (1) \u2014\n(a)\nis an offence; and\n(b) constitutes a sufficient ground for the termination of his appointment.\n(3) Any allegation of a breach of subsection (1) shall be fully investigated by a\nconstable of the rank of Inspector or above.\n10.\nRemuneration and immunity of members of Boards\n10. (1) Those members of a Board who are not public officers shall receive such\nremuneration in respect of each meeting attended, and the Chairman and\ndeputy Chairman shall receive such additional remuneration, as may be\ndetermined, from time to time, by the Cabinet.\n(2) Every member of each Board shall be personally indemnified against all\nclaims, damages, costs, charges or expenses incurred by him in the discharge\nor purported discharge of his functions or duties under this Law except claims,\ndamages, costs, charges or expenses caused by his bad faith.\n11.\nImmigration Appeals Tribunal\n11. (1) For the purposes of this Law there is established an Immigration Appeals\nTribunal which shall consist of the following members \u2014\n(a)\na Chairman;\n(b) up to five deputy Chairmen; and\n(c)\na panel of persons,\nall of whom shall be appointed by and hold office at the pleasure of the\nCabinet.\n(2) The Chairman shall be an attorney-at-law of at least seven years call to the bar;\nand each deputy Chairman shall be an attorney-at-law of at least five years call\nto the bar.\n(3) For the purposes of exercising its jurisdiction the Immigration Appeals\nTribunal may, if the Chairman so directs, sit in up to six divisions\nsimultaneously or otherwise, each division presided over either by the\nChairman or by a deputy Chairman sitting together with no fewer than two\nother members; and each such division shall be deemed to be a fully\n\nSection 12\nImmigration Law\n\nPage 22\nRevised as at 2nd day of July, 2015\nc\n\nconstituted Immigration Appeals Tribunal to hear and determine appeals under\nthis Law.\n(4) The Cabinet shall appoint as many Secretaries as it considers necessary to the\nImmigration Appeals Tribunal who shall cause to be recorded and shall keep\nall minutes of the meetings, proceedings and decisions of that Tribunal, and\nsuch Secretaries shall have no right to vote.\n12.\nMeetings of Immigration Appeals Tribunal\n12. (1) The Immigration Appeals Tribunal shall meet at least once in every calendar\nmonth and upon such other occasions as, in the opinion of the Chairman, may\nbe necessary or desirable in the public interest.\n(2) Any member of the Immigration Appeals Tribunal who, without obtaining the\nprior written permission of the Chairman, is absent from more than two out of\nfive consecutive meetings of that Tribunal shall cease to be a member of the\nTribunal.\n(3) In the temporary absence of the Chairman or in the event of his inability to act,\nthe deputy Chairman shall act as Chairman and exercise all the powers and\nfunctions of Chairman.\n(4) At every meeting of the Immigration Appeals Tribunal \u2014\n(a)\nit shall reach its decisions by a majority of the votes of members present\nand voting;\n(b) the Chairman or presiding member shall have no original but only a\ncasting vote; and\n(c)\nthree members present shall form a quorum.\n(5) Where a member of the Immigration Appeals Tribunal has a personal or\npecuniary interest, direct or indirect, in any matter which is to be determined\nby the Immigration Appeals Tribunal, he shall, if present at the meeting at\nwhich such matter is to be determined, as soon as possible after the\ncommencement thereof, disclose the fact and leave the meeting.\n(6) Subject to subsections (1) to (5) and to section 19, the Immigration Appeals\nTribunal shall have power to regulate its own procedure.\n13.\nApplication of sections 9 and 10 to the Immigration Appeals Tribunal\n13. Sections 9 and 10 apply to the Immigration Appeals Tribunal as if references in\nthose sections to the Boards were references to the Immigration Appeals Tribunal.\n\nImmigration Law (2015 Revision)\nSection 14\n\nc\nRevised as at 2nd day of July, 2015\nPage 23\n\n14.\nAppeals from decisions of immigration officer\n14. (1) Subject to subsections (2) and (5), any person aggrieved by, or dissatisfied\nwith, any decision of an immigration officer may, within seven days of the\ncommunication of the decision to him, appeal therefrom to the pertinent Board\nwhose decision shall be final and binding upon the appellant; and the Board\u2019s\ndecision shall, if notice thereof is sent to the appellant \u2014\n(a)\nby post, be deemed to have been received by him no later than seven\ndays from the date of dispatch; or\n(b) by electronic mail, be deemed to have been received by him no later than\ntwenty-four hours after its transmission.\n(2) The appeal to which subsection (1) refers is restricted to dissatisfaction with\nthe decision of an immigration officer \u2014\n(a)\nto refuse permission to enter the Islands;\n(b) Repealed by section 4 of [Law 23 of 2013]\n(c)\nto revoke permission to remain in the Islands;\n(d) to refuse an application for the grant of a student\u2019s visa or the extension\nthereof or to attach conditions to such grant;\n(e)\nto refuse or revoke a temporary work permit; and\n(f)\nto refuse an application for a Residency Certificate for Persons of\nIndependent Means, a Certificate of Direct Investment, a Residency\nCertificate (Substantial Business Presence) or a Certificate of Permanent\nResidence for Persons of Independent Means.\n(3) Pending the outcome of an appeal under this section \u2014\n(a)\nan appellant under subsection (2)(a) and (c) shall leave the Islands; and\n(b) an appellant under subsection (2)(d) to (f) may be allowed to remain in\nthe Islands if he satisfies the Chief Immigration Officer that he is able to\nsupport himself and his dependants, if any.\n(4) Notwithstanding subsection (3)(a), where a passenger holds a valid visa to\nenter the Islands he may appeal, from within the Islands, the decision of the\nimmigration officer to refuse him entry.\n(5) In this section \u2014\n\u201cpertinent Board\u201d means the Work Permit Board, the Business Staffing Plan\nBoard or the Cayman Brac and Little Cayman Immigration Board where\nrelevant, except that an appeal in respect of \u2014\n(a)\nsubsection (2)(f) shall be heard by the Caymanian Status and Permanent\nResidency Board; and\n\nSection 15\nImmigration Law\n\nPage 24\nRevised as at 2nd day of July, 2015\nc\n\n(b) the decision of an immigration officer who at the relevant time was\nstationed in Cayman Brac or Little Cayman shall be heard by the\nCayman Brac and Little Cayman Immigration Board.\n15.\nAppeals from decisions of Boards and Chief Immigration Officer\n15. (1) Save as otherwise provided in this Law, any person aggrieved by, or\ndissatisfied with, any decision of the Chief Immigration Officer under\nsection 30, 37C, 42(5) or 49 or of a Board other than a decision under\nsection 14 may, within \u2014\n(a)\ntwenty-eight days of the communication of the decision to him; or\n(b) such longer period as the Chairman of the Appeals Tribunal may, for\ngood reason shown, allow,\nserve notice on the Immigration Appeals Tribunal of his intention to appeal\nsuch decision.\n(2) Appeals under this section and section 14 shall be by notice in writing\naddressed to the Secretary of the Immigration Appeals Tribunal or, in the case\nof an appeal under section 14, the Secretary of the pertinent Board and such\nnotice \u2014\n(a)\nshall set forth the decision against which the appeal is made; and\n(b) shall be accompanied by a copy of the original application which is the\nsubject of appeal and the prescribed non-refundable fee.\n(3) Any correspondence from the pertinent Board or the Immigration Appeals\nTribunal under this section or section 16 to the appellant \u2014\n(a)\nby post, shall be deemed to have been received by him no later than\nseven days from the date of dispatch; or\n(b) by electronic mail, shall be deemed to have been received by him no later\nthan twenty-four hours after its transmission.\n(3A) At a hearing on grounds under subsection (1) the Immigration Appeals\nTribunal shall apply the Law that is or was in effect at the time of the Board\u2019s\nor the Chief Immigration Officer\u2019s decision.\n(4) On receipt of a notice of appeal the pertinent Board or the Immigration\nAppeals Tribunal shall, within fourteen days, notify the Chief Immigration\nOfficer or the Board, as the case may be, of the decision against which the\nappeal is made.\n(5) Upon receipt of a notification under subsection (4) the Chief Immigration\nOfficer or the Board, as the case may be, shall, within a reasonable period,\ndeliver to the Immigration Appeals Tribunal or the Board and the appellant,\nthe reasons for his or its decision.\n\nImmigration Law (2015 Revision)\nSection 16\n\nc\nRevised as at 2nd day of July, 2015\nPage 25\n\n(6) Upon receipt of the reasons referred to in subsection (5) the appellant shall\nwithin twenty-eight days in the case of an appeal under this section, or\nfourteen days in the case of an appeal under section 14, file his detailed\ngrounds of appeal upon which the hearing shall be determined by the\nImmigration Appeals Tribunal or the pertinent Board, as the case may be, and\nserve a copy thereof on the Board or the Chief Immigration Officer.\n(7) An appeal under this section or section 14 may be lodged on the ground, or\ngrounds, and no other, that the decision in question is \u2014\n(a)\nerroneous in law;\n(b) unreasonable;\n(c)\ncontrary to the principles of natural justice; or\n(d) at variance with the Regulations.\n(8) Upon receipt of the detailed grounds and any subsequent information\nrequested, the Immigration Appeals Tribunal or the pertinent Board may \u2014\n(a)\nif it is satisfied that the appellant has complied with the requirements of\nthis section, proceed with a hearing on grounds; or\n(b) if it is satisfied that the appellant has failed to comply with any of the\nrequirements of this section, quash the appeal without a hearing on\ngrounds.\n(9) In considering the detailed grounds submitted by the appellant under\nsubsection (6), the Immigration Appeals Tribunal or the pertinent Board may\nrequest additional information or further particulars from him.\n(10) A decision under subsection (8) to quash an appeal shall not in itself give rise\nto a right of appeal.\n(11) The period within which detailed grounds of appeal must be filed under\nsubsection (6) may be extended at the discretion of the Chairman of the\nImmigration Appeals Tribunal or the Chairman of the pertinent Board upon\nrequest of the appellant for good reason shown in writing.\n(12) The Chief Immigration Officer or the Board may, within twenty-eight days of\nthe receipt of the grounds of appeal served under subsection (6) provide a\nwritten defence which shall be filed with the pertinent Board or the\nImmigration Appeals Tribunal and served on the appellant.\n16.\nConduct of appeals\n16. (1) A hearing on grounds as referred to in section 15(8)(a) shall take into\naccount \u2014\n(a)\nthe reasons provided by the Chief Immigration Officer or the Board\nunder section 15(5) and all information that was submitted by the\nappellant at the time of his original application; and\n\nSection 17\nImmigration Law\n\nPage 26\nRevised as at 2nd day of July, 2015\nc\n\n(b) the written detailed grounds filed by the appellant under section 15(6).\n(2) A hearing on grounds under subsection (1) shall be on the basis of the written\ngrounds filed by the appellant and neither the parties nor their representatives\nshall be present at the hearing.\n(3) Notwithstanding subsection (2), the Immigration Appeals Tribunal or the\npertinent Board, as the case may be, may, in its absolute discretion, call upon\neither party or any persons as it deems necessary and relevant to address it.\n(4) Where at a hearing on grounds the Immigration Appeals Tribunal or the\npertinent Board determines that at least one of the grounds contained in\nsection 15(7) has been made out, the Immigration Appeals Tribunal or the\npertinent Board shall proceed to a rehearing of the original application which\nwas the subject of the appeal.\n(5) The Immigration Appeals Tribunal or the pertinent Board when rehearing an\napplication under subsection (4) shall do so by way of a hearing de novo and\nshall take into account any fresh evidence put forward by the appellant or the\nChief Immigration Officer or the Board that may have arisen in relation to the\nparties, which is to be submitted in writing.\n(6) The law in force at the time of the rehearing by the Immigration Appeals\nTribunal or the Board shall govern the proceedings under subsection (5).\n(7) Neither the appellant nor his representative shall be permitted to be present at\nthe rehearing of the original application which shall be based on written\nsubmissions with respect to fresh evidence or changes in circumstances.\n(8) Where in the opinion of the Immigration Appeals Tribunal an appeal under\nthis section was made frivolously, vexatiously or in bad faith, it may award\ncosts on an indemnity basis.\n(9) Representatives appearing on behalf of either party need not be persons having\nlegal qualifications.\n(10) An appeal to the Immigration Appeals Tribunal, and matters referred to the\nImmigration Appeals Tribunal may not be remitted to the pertinent Board or to\nthe Chief Immigration Officer.\n(11) Decisions of the Immigration Appeals Tribunal and the pertinent Board shall\nbe notified to the appellant within a reasonable period of time.\n17.\nOrders of Immigration Appeals Tribunal and appeals from its decisions\n17. (1) On an appeal, the Immigration Appeals Tribunal may make such order,\nincluding an order for costs, as it thinks fit.\n(2) An appeal may be made to the Grand Court from a decision of the\nImmigration Appeals Tribunal on a point of law only.\n\nImmigration Law (2015 Revision)\nSection 18\n\nc\nRevised as at 2nd day of July, 2015\nPage 27\n\n18.\nDecisions to be administrative\n18. (1) Decisions made under or by virtue of sections 7, 14, 15 and 16 shall be\ndeemed to be administrative and not judicial decisions.\n(2) Where a Board or the Chief Immigration Officer rejects an application either\nin whole or in part, it or he, if requested shall give the applicant brief reasons\nfor that rejection and inform him of his rights under section 15.\n(3) Failure of a Board or the Chief Immigration Officer to inform an applicant of\nthe right of appeal referred to in subsection (2) and under section 17(2) shall\nnot of itself give rise to a right of appeal under section 15 or under\nsection 17(2) and failure to give reasons as required by subsection (2) when\nfirst promulgating its decision to reject an application shall not give rise to\nsuch a right of appeal if the Board or the Chief Immigration Officer gives them\nto the applicant within thirty days of having made the decision.\n(4) Save for decisions of the Immigration Appeals Tribunal or the pertinent Board\nby virtue of sections 7, 14, 15 and 16, the Immigration Appeals Tribunal or the\npertinent Board shall provide brief written reasons for its decisions under\nsections 15(10) and 16(1) only if requested by the appellant within fourteen\ndays of receipt of the Appellate Tribunal\u2019s decision.\n19.\nRules relating to appeals\n19. The Chief Justice may make rules relating to the procedure and forms to be used for\nthe notice of appeal to the court and the admission of evidence of any appeal heard\nby the Immigration Appeals Tribunal.\nPART III - Provisions Relating to Caymanians\n20.\nCategories of Caymanians\n20. (1) A person shall, for purposes of this Law, be deemed to possess the right to be\nCaymanian if \u2014\n(a)\nhe is Caymanian at the 1st January, 2004;\n(b) he is Caymanian as of right as defined in section 21;\n(c)\nhe is Caymanian by grant of the Caymanian Status and Permanent\nResidency Board under section 22;\n(d) he has obtained the right by entitlement; or\n(e)\nthe Cabinet, acting on the recommendation of the Caymanian Status and\nPermanent Residency Board, grants such right to him and that grant is\nsubsequently ratified by the Legislative Assembly; save that the Cabinet\nshall not make more than four such grants in any calendar year,\n\nSection 21\nImmigration Law\n\nPage 28\nRevised as at 2nd day of July, 2015\nc\n\nand he shall continue to possess and enjoy the right to be Caymanian unless\nand until he loses it under section 27.\n(2) A person who believes that he possesses the right to be Caymanian under\nsubsection (1) may apply in the prescribed form to the Chief Immigration\nOfficer for the formal acknowledgement of that right in his passport, and the\nChief Immigration Officer shall, within fourteen days, either provide the\nacknowledgement or give written reasons for his refusal to do so.\n(3) Where, by application of law, a person loses his right to be Caymanian, the\nChief Immigration Officer may cancel the passport acknowledgement referred\nto in subsection (2).\n(4) A person aggrieved by the Chief Immigration Officer\u2019s decision under\nsubsection (2) or (3) may, within seven days of that decision having been\ncommunicated to him, appeal to the Caymanian Status and Permanent\nResidency Board.\n(5) Notwithstanding subsection (1)(b) and (d), where a Caymanian holds himself\nout to be the father of a child born out of wedlock, the status or domicile of the\nCaymanian shall not be taken into account unless \u2014\n(a)\nhe is able to prove to the satisfaction of the Caymanian Status and\nPermanent Residency Board that he is in fact the father of the child;\n(b) under the Affiliation Law (1995 Revision), he has been adjudged to be the\nputative father of the child; or\n(c)\nhe has been ordered to pay a weekly sum of money for the maintenance\nand education of the child.\n21.\nCaymanian as of right\n21. In this Part \u2014\n\u201cCaymanian as of right\u201d means a child \u2014\n(a)\nborn on or after the 1st January, 2004 whether in or outside the Islands, at\nthe date of whose birth at least one of his parents was settled in the\nIslands and was Caymanian;\n(b) born outside the Islands, after the 1st January, 2004, at the date of whose\nbirth at least one of his parents was Caymanian otherwise than by\ndescent; or\n(c)\nacquiring the status of Caymanian under section 21 of the repealed\nImmigration Law (2003 Revision) or under any earlier law conferring the\nsame or similar rights.\n\nImmigration Law (2015 Revision)\nSection 22\n\nc\nRevised as at 2nd day of July, 2015\nPage 29\n\n22.\nAcquisition of the right to be Caymanian by grant of the Board\n22. (1) The Caymanian Status and Permanent Residency Board may, subject to\nsection 24, grant the right to be Caymanian to any of the persons referred to in\nthis section.\n(2) Any person who \u2014\n(a)\nhas attained the age of eighteen years;\n(b) satisfies the Board that he is the child or grandchild of a Caymanian born\nin the Islands; and\n(c)\nrepealed by section 5 of [Law 2 of 2012]\n(d) is not otherwise entitled to the right to be Caymanian,\nmay apply to the Board for the grant of the right to be Caymanian.\n(3) Any person who is a British Overseas Territories Citizen by reason of a\ncertificate of naturalisation or registration issued under the British Nationality\nAct, 1981 [UK Act] by virtue of his connection with the Islands, or any Act\npreceding, amending or replacing that Act, may, if he has been legally and\nordinarily resident in the Islands for at least fifteen years or at least five years\nafter the receipt of that grant, apply for the grant of the right to be Caymanian.\n(4) Any person \u2014\n(a)\nwho has been married to a Caymanian \u2014\n(i)\nfor at least five years immediately preceding the application, where\nthe marriage took place prior to the 1st January, 2004; or\n(ii) for at least seven years immediately preceding the application,\nwhere the marriage took place on or after the 1st January, 2004;\n(b) whose marriage is not a marriage of convenience;\n(c)\nwho is not living apart from his spouse under a decree of a competent\ncourt or under a deed of separation;\n(d) who has not lived apart from his spouse for an aggregate period of three\nmonths \u2014\n(i)\nout of the five years immediately preceding the application where\nthe marriage took place prior to the 1st January, 2004; or\n(ii) out of the seven years immediately preceding the application where\nthe marriage took place on or after the 1st January, 2004;\n(e)\nwho is legally and ordinarily resident in the Islands immediately\npreceding his application; and\n(f)\nwho has not in any country been convicted of an offence for which a\nsentence of imprisonment not exceeding twelve months has been passed\nother than for non-payment of a fine unless \u2014\n\nSection 22\nImmigration Law\n\nPage 30\nRevised as at 2nd day of July, 2015\nc\n\n(i)\nthe conviction has been quashed on appeal or has been the subject\nof a free pardon;\n(ii) the act or omission giving rise to such conviction would not be an\noffence if done or omitted in the Islands in similar circumstances; or\n(iii) the conviction is one which, in the interest of justice, the Board\ndirects to be ignored for the purposes of this section,\nmay apply to the Board for the grant of the right to be Caymanian.\n(5) The Board, in calculating under subsection (4) the period of time that the\napplicant and his spouse have spent apart, shall not, where the absences are\noccasioned by one or other of the spouses having been away from the Islands,\ntake into account those occasions when such absences were temporary for\nmedical, educational, business or similar reasons.\n(6) The surviving spouse of a Caymanian who \u2014\n(a)\nwas married to the deceased for at least seven years;\n(b) immediately before the death of the deceased was not living apart from\nthe deceased \u2014\n(i)\nunder the decree of a competent court;\n(ii) under a deed of separation; or\n(iii) in circumstances where, in the opinion of the Board, the marriage\nhad irretrievably broken down;\n(c)\nhas been legally and ordinarily resident in the Islands immediately\npreceding the death of the deceased; and\n(d) either has not in any country been convicted of an offence or has in any\ncountry been convicted of an offence for which a sentence of\nimprisonment, not exceeding twelve months, has been imposed other\nthan for non-payment of a fine unless \u2014\n(i)\nsuch conviction has been quashed on appeal or has been the subject\nof a free pardon;\n(ii) the act or omission giving rise to such conviction would not be an\noffence if done or omitted in the Islands in similar circumstances; or\n(iii) the conviction is one which, in the interests of justice, the Board\ndirects to be ignored for the purposes of this section,\nmay apply to the Board for the grant of the right to be Caymanian.\n(7) Where the marriage referred to in subsection (6)(a) has not subsisted for a\nperiod of seven years or the grant of the right to be Caymanian has been\nrefused by the Board, the surviving spouse may apply to the Chief\nImmigration Officer for the right to permanently reside in the Islands and the\nChief Immigration Officer shall take into account \u2014\n\nImmigration Law (2015 Revision)\nSection 22\n\nc\nRevised as at 2nd day of July, 2015\nPage 31\n\n(i)\nthe length of the marriage;\n(ii) whether there are any children of the marriage;\n(iii) whether immediately prior to the death the marriage was no longer\nsubsisting as evidenced by a decree of a competent court, a deed of\nseparation or what appears to be the breakdown of the marriage;\n(iv) the applicant\u2019s ability to support himself and any dependants; and\n(v) the applicant\u2019s health and character.\n(8) Where, under subsection (7), permanent residence is granted, the Chief\nImmigration Officer shall issue to the successful applicant a Residency and\nEmployment Rights Certificate, which Certificate shall entitle the holder \u2014\n(a)\nto accept employment from any employer of his choice; and\n(b) to have reside with him within the Islands such of his dependants as were\nlisted in his application and were approved by the Chief Immigration\nOfficer,\nbut the Certificate shall restrict him to working within the particular\noccupation specified by the Chief Immigration Officer; and such certificate\nmay be varied by the Chief Immigration Officer.\n(9) A person who \u2014\n(a)\nhas attained the age of seventeen years;\n(b) has Caymanian status which \u2014\n(i)\nwill expire when he attains the age of eighteen years; or\n(ii) has expired upon his having attained the age of eighteen years; and\n(c)\nhas been legally and ordinarily resident in the Islands for at least five out\nof the seven years immediately preceding the date of the application,\nmay apply to the Board prior to reaching the age of twenty-four for the grant\nof the right to be Caymanian, and such application shall be granted unless the\nBoard has compelling reasons for refusing it, and such grant shall take effect\nwhen he attains the age of eighteen years or, where he is already eighteen\nyears, from the date of the grant.\n(10) In relation to the qualification for legal and ordinary residence referred to in\nthis Part \u2014\n(a)\nwhere any question arises as to whether an applicant was or was not,\nduring any material period, legally and ordinarily resident in the Islands,\nsuch question shall be decided by the Board;\n(b) where an applicant has been legally and ordinarily resident in the Islands\nand has been absent from the Islands for any period for the purpose of his\neducation, health or business, the Board may count such period of\nabsence as a period of legal and ordinary residence in the Islands if the\n\nSection 23\nImmigration Law\n\nPage 32\nRevised as at 2nd day of July, 2015\nc\n\nBoard is satisfied that, but for such period of absence, the applicant\nwould have in fact continued to be legally and ordinarily resident in the\nIslands; and\n(c)\nnothing in this subsection shall have effect so as to preclude any\napplicant from appealing to the Immigration Appeals Tribunal, under\nsection 15, on the grounds that the Board came to a wrong decision on\nthe question of whether during any material period he was or was not\nlegally and ordinarily resident in the Islands.\n(11) The Board, in its discretion, may require or allow any applicant to attend\nbefore it or any committee of the Board in support of his application, but\nsubject as aforesaid no applicant shall be entitled to appear before the Board.\n(12) Subject to this Part, where a person is the grantee of the right to be Caymanian\nor of Caymanian status under this or any earlier law, no person shall be\nentitled to apply for the right to be Caymanian by virtue only of that grant save\nfor those persons acquiring such right by entitlement.\n(13) An applicant who is aggrieved by the refusal of the Board to grant him the\nright to be Caymanian may, subject to section 15, appeal to the Immigration\nAppeals Tribunal against such refusal.\n23.\nPersons who may apply to the Chief Immigration Officer for the right to be\nCaymanian\n23. A person who \u2014\n(a)\nwas born in the Islands between the 27th March, 1977 and the 1st\nJanuary, 1983;\n(b) is a British Overseas Territories Citizen by virtue of being born in the\nIslands; and\n(c)\nhas resided in the Islands since birth save for absences abroad for\npurposes of education or medical treatment,\nmay, within one year from the 21st December, 2006, apply to the Chief\nImmigration Officer for the right to be Caymanian and the Chief Immigration\nOfficer shall, save in exceptional circumstances, grant such application.\n24.\nMatters for Board\u2019s consideration\n24. In the course of processing an application for the right to be Caymanian, the Board\nshall satisfy itself that \u2014\n(a)\nsuch grant would be in the public interest;\n(b) adequate consideration has been given to the number of dependants who\nwould be entitled to reside in the Islands or become Caymanian by\nentitlement should the application be granted;\n\nImmigration Law (2015 Revision)\nSection 25\n\nc\nRevised as at 2nd day of July, 2015\nPage 33\n\n(c)\nthat it would be in the interest of the Islands to grant such application if\nthe number of dependants becoming Caymanian by entitlement would be\nmore than three;\n(d) the applicant has not committed an act of insolvency or bankruptcy, or\nbeen involved as a shareholder or director of any company or other entity\nwhich has been the subject of liquidation especially where creditors have\nbeen adversely affected;\n(e)\nthe applicant \u2014\n(i)\nis of good character and conduct;\n(ii) has to his credit three good character references received by the\nBoard directly from three Caymanians; and\n(iii) has a clean criminal record and has not been involved with illegal\ndrugs;\n(f)\nthe applicant is of good health and does not suffer from any form of\ncommunicable or mental disease that would make him a danger to the\ncommunity;\n(g) the applicant has not been involved in organising or engaging in any\nsubversive political activity, nor has he organised, caused or promoted\nracism or any illegal activity within the Islands or elsewhere;\n(h) the continued residence of the applicant and his family will contribute to\nthe well being of the Islands;\n(i)\nthe economic situation of the Islands and the protection of persons\nalready engaged in similar gainful occupations have been duly\nconsidered;\n(j)\nadequate consideration has been given to the desirability of granting the\nright to be Caymanian to applicants with different backgrounds and from\ndifferent geographical areas so that a suitable balance in the social and\neconomic life of the Islands may be maintained; and\n(k) adequate consideration has been given to the desirability of retaining the\neconomic resources of the Island in the control of Caymanians.\n25.\nProcedure in relation to applications for grant under section 22\n25. (1) Applications under section 22, which shall be made to the Board through the\nSecretary shall \u2014\n(a)\nbe in duplicate in the prescribed form;\n(b) be accompanied by the prescribed fee; and\n(c)\nstate whether or not the applicant wishes to be heard in person.\n\nSection 26\nImmigration Law\n\nPage 34\nRevised as at 2nd day of July, 2015\nc\n\n(2) A copy of every application shall be forwarded by the Secretary to the\nCommissioner of Police, who may make such representations to the Board as\nhe may deem proper.\n(3) In granting or rejecting an application under section 22, the Board shall be\ndeemed to have acted administratively and not judicially.\n(4) Where an application has been rejected, the applicant shall not be permitted to\nmake any further application until after the lapse of one year from the date of\nthe communication of the decision.\n(5) Notwithstanding subsection (4), where a person \u2014\n(a)\nis qualified under any subsection of section 22 to apply for the grant of\nthe right to be Caymanian; and\n(b) made an application under that subsection,\nand the application was rejected, he may apply at any time after such rejection\nunder any other subsection of section 22 under which he is also qualified to\napply.\n26.\nRecord to be kept of applications and grants\n26. The Secretary shall keep a record of every application for a grant of the right to be\nCaymanian and the result thereof, and such grant shall be evidenced by a certificate\nunder the hand of the Chairman or by the Governor, as the case may be, in the form\nin the Schedule and shall cause notice thereof to be published in the Gazette.\n27.\nLoss of right to be Caymanian\n27. (1) The right to be Caymanian granted by the Board may be lost \u2014\n(a)\nwhere the holder has supplied false or misleading information in a\nmaterial particular, to the Board;\n(b) where the holder has ordinarily resided outside the Islands for a period of\nfive years and can no longer be said to be settled in the Islands;\n(c)\nwhere the marriage of the holder, being the spouse of a Caymanian, is\ndeemed by the Board to have been a marriage of convenience; or\n(d) where within three years of the grant to the spouse of a Caymanian of the\nright to be Caymanian under this or any earlier Law, the marriage of the\nholder \u2014\n(i)\nin the opinion of the Board or the Chief Immigration Officer has\nbroken down;\n(ii) has declined to the point where the parties have separated as a result\nof a decree of a competent court or a deed of separation; or\n(iii) no longer subsists.\n\nImmigration Law (2015 Revision)\nSection 28\n\nc\nRevised as at 2nd day of July, 2015\nPage 35\n\n(2) The holder of the right to be Caymanian by entitlement under this Law or\nunder any analogous provision in an earlier law \u2014\n(a)\nmay lose that right where he has not been legally and ordinarily resident\nin the Islands for a period of seven years immediately before reaching the\nage of eighteen years; and\n(b) shall notify the Chief Immigration Officer forthwith of the relevant\ncircumstances involving his legal and ordinary residence in the Islands\nand wilful failure to do so is an offence.\n(3) The Board may, by order, divest any person who has been granted the right to\nbe Caymanian under section 22, or Caymanian status under any earlier law, of\nsuch right or status if it is satisfied that the grant was obtained by means of\nfraud, false representation or the concealment of any material fact; and with\nrespect to such order \u2014\n(a)\nthe Board shall, by notice, inform the person affected, of the order and of\nhis right to appeal to the Immigration Appeals Tribunal as hereinafter\nprovided;\n(b) if the person affected is aggrieved by the order, he may, subject to\nsection 15, appeal to the Immigration Appeals Tribunal against the\norder; and\n(c)\nin the event of there being no appeal or if an appeal is disallowed, the\nBoard shall notify the Chief Immigration Officer of the order and shall\ncause notice thereof to be published in the Gazette.\n(4) Any person who, having possessed the right to be Caymanian, ceases by virtue\nof subsections (1) to (3) to possess or to be deemed to possess the right to be\nCaymanian shall, for the purposes of this Law, be treated as if he had never\nacquired, possessed or enjoyed the right to be Caymanian and the provisions\nof this Law shall thenceforward apply and have effect accordingly.\n(5) Nothing in subsections (1) to (4) shall have effect so as to preclude a person\nwho has, by virtue of such subsections, ceased to possess the right to be\nCaymanian from applying to the Board for the grant of that right under\nsection 22.\n28.\nRevocation on conviction\n28. (1) Where the grantee of the right to be Caymanian or of Caymanian status under\nthis or any earlier law is convicted by any court in the Islands or elsewhere of\nan offence \u2014\n(a)\nfor which he is sentenced to an immediate term of imprisonment of\ntwelve months or more, other than for non-payment of a fine; and in\nrespect of which conviction his rights of appeal have been exhausted; or\n\nSection 28A\nImmigration Law\n\nPage 36\nRevised as at 2nd day of July, 2015\nc\n\n(b) which, in the opinion of the grantor, was made possible by, facilitated by\nor connected with the grant,\nthe grantor may revoke the grant on his own motion.\n(2) Where the court referred to in subsection (1) is a foreign court, the offence\ncommitted must have been an offence that would be recognised as an offence\nin the Islands.\n28A. Right to relinquish grant\n28A. In respect of any rights granted under this Part or Part IV, the holder may relinquish\nsuch rights of his own free will by advising the Board or the Chief Immigration\nOfficer in writing and upon that relinquishment that person shall cease to enjoy any\nof the rights associated with that grant.\nPART IV - Permanent Residence and Extended Residence\nCategories\n29.\nCategories of permanent residence\n29. (1) The Caymanian Status and Permanent Residency Board and the Chief\nImmigration Officer may grant to non-Caymanian applicants \u2014\n(a)\nthe right to reside permanently in the Islands, to persons who have been\nlegally and ordinarily resident in the Islands for a minimum period of\neight years; and\n(b) the Residency and Employment Rights Certificate, to spouses of\nCaymanians.\n(2) Subject to sections 34 and 34A, the Chief Immigration Officer may grant the\nright to reside in the Islands to persons of independent means.\n(2A) In this Part, unless the context otherwise requires, a reference to the Chief\nImmigration Officer in relation to the granting of permanent residence under\nsection 30 or a Residency and Employment Rights Certificate under section 31\nshall be construed as a reference to anyone specifically designated by him to\nperform those duties.\n(2B) All or any of the powers conferred upon the Chief Immigration Officer under\nsubsection (1) may be delegated by him to any members of his staff.\n(3) A person who is a British Overseas Territories Citizen by virtue of a\nconnection with the Islands, by registration by entitlement under the British\nNationality Act, 1981 [UK Act], or any Act preceding, amending or replacing\nthat Act, shall have the right to remain permanently in the Islands and shall\ncease to have such right where \u2014\n(a)\nhe ceases to be a British Overseas Territories Citizen;\n\nImmigration Law (2015 Revision)\nSection 30\n\nc\nRevised as at 2nd day of July, 2015\nPage 37\n\n(b) he has, subsequent to the grant of the certificate, been ordinarily resident\noutside the Islands continuously for a period of five years or acquires a\ndomicile other than a domicile in the Islands, unless the Cabinet rules\notherwise;\n(c)\nthe Cabinet is satisfied that the grant of the certificate was obtained by\nfraud, false representation or the concealment of any material fact;\n(d) he engages in gainful occupation or any trade or business without the\npermission of the Work Permit Board, the Business Staffing Plan Board,\nthe Caymanian Status and Permanent Residency Board or the Chief\nImmigration Officer; or\n(e)\nhe falls into one of the categories enumerated in section 38.\n30.\nPersons legally and ordinarily resident in the Islands for at least eight years\n30. (1) Any person who has been, and is legally and ordinarily resident in the Islands\nfor a period of at least eight years but not more than nine years, other than \u2014\n(a)\nthe holder of a Residency Certificate for Persons of Independent Means;\n(b) the holder of a Residency Certificate for Retirees;\n(c)\nthe holder of a Certificate of Direct Investment or a Direct Investment\nHolder\u2019s (Dependant\u2019s) Certificate;\n(d) the holder of a Residency Holders (Dependant\u2019s) Certificate;\n(e)\nthe holder of a Certificate of Permanent Residence for Persons of\nIndependent Means; or\n(f)\na person who was granted permanent residence under any earlier law in\ncircumstances analogous to paragraphs (a) or (b),\nmay apply in the prescribed form and manner to the Board or the Chief\nImmigration Officer for permission for himself, his spouse and his dependants,\nif any, to reside permanently in the Islands and such application shall be\naccompanied by the prescribed application fee, issue fee, dependant fee and\nthe annual fee with respect to the first year.\n(2) Notwithstanding subsection (1), where at the commencement of the\nImmigration (Amendment) (No. 2) Law, 2013 [Law 23 of 2013], a person has\nalready been legally and ordinarily resident in the Islands in excess of nine\nyears, he shall be entitled to a period of ninety days from such commencement\nwithin which to apply under this section for the right to reside permanently in\nthe Islands.\n(3) For the purpose of assessing the suitability of an applicant for permanent\nresidence, a points system shall be prescribed by the Cabinet.\n(4) In considering an application for permanent residence under subsection (1),\nthe Board or the Chief Immigration Officer upon applying the criteria set out\n\nSection 30\nImmigration Law\n\nPage 38\nRevised as at 2nd day of July, 2015\nc\n\nin the points system shall grant permanent residence to all applicants attaining\none hundred and ten points or more.\n(5) Where an application under subsection (1) has been refused and the applicant\nhas not appealed against such refusal or has appealed against such refusal and\nlost his appeal, he is debarred from re-applying under the provisions of that\nsubsection and shall leave the Islands upon the expiration of any period during\nwhich he was allowed to work under section 52(4) unless he is entitled to\nremain by virtue of any other provision of this Law; and such debarment shall\ncontinue \u2014\n(a)\nin the case of a worker, until he re-qualifies under the criteria contained\nin this section having taken the break in stay required under\nsection 52(1); or\n(b) in the case of a Government employee, for a period of nine years\nfollowing the date of the refusal of his application or any subsequent\nappeal in respect of that application.\n(6) Upon the grant of permanent residence, the Board or the Chief Immigration\nOfficer shall issue to the successful applicant a Residency and Employment\nRights Certificate, which Certificate shall entitle the holder \u2014\n(a)\nto accept employment from any employer of his choice; and\n(b) to have reside with him such of his dependants as were listed in his\napplication and were approved by the Board or the Chief Immigration\nOfficer,\nbut the Certificate shall restrict him to working within the particular\noccupation or occupations specified by the Board or the Chief Immigration\nOfficer; and such Certificate may be varied by the Board or the Chief\nImmigration Officer, but there shall be no entitlement to be self-employed.\n(7) For the avoidance of doubt where the prescribed fees have not been submitted\nas required under subsection (1), the Board or the Chief Immigration Officer\nshall have no power to entertain the application.\n(8) Where the Board or the Chief Immigration Officer varies a Certificate under\nsubsection (6) to change an occupation, the original occupation specified by\nthe Board or the Chief Immigration Officer shall remain and shall be the\noccupation upon which the annual fee is based unless the new occupation is in\na higher fee category.\n(9) When applying under this section for the right to reside permanently in the\nIslands the applicant shall provide full particulars of his spouse and all\ndependants whether or not it is intended that they would accompany him if his\napplication is successful; and the failure to provide such particulars in his\napplication is an offence.\n\nImmigration Law (2015 Revision)\nSection 30\n\nc\nRevised as at 2nd day of July, 2015\nPage 39\n\n(10) Where an application for the right to reside permanently in the Islands, or an\nappeal before the Immigration Appeals Tribunal is pending, and there is a\nchange with respect to the dependants named in the application, the applicant\nor the appellant, as the case may be, shall so inform the Board or the Chief\nImmigration Officer in writing and may request that such dependants be\nincluded in the application or appeal when it is being determined.\n(11) An applicant referred to in subsection (10) shall also inform the Board or the\nChief Immigration Officer in respect of his application if there is any change\nin his circumstances since making the application, in relation to \u2014\n(a)\nany convictions he may have received;\n(b) whether he has become unemployed;\n(c)\nwhether he has been charged with an offence;\n(d) whether he no longer holds any of the assets listed in the application; and\n(e)\nany change in his marital status or in respect of his dependants,\nand failure to do so is an offence.\n(12) Where there is a change in the number of children who are dependants of the\nholder of a Residency and Employment Rights Certificate born subsequent to\nthe issue thereof, the holder shall so inform the Board or the Chief\nImmigration Officer of the fact and the Board or the Chief Immigration\nOfficer may amend the Certificate to include any additional children subject to\nsuch conditions as the Board or the Chief Immigration Officer may, in its or\nhis absolute discretion, determine.\n(13) The holder of a Certificate issued under subsection (6) or section 34 or 34A\nshall provide annually a declaration containing prescribed particulars in\nrespect of himself and his dependants and his failure to provide such\ndeclaration is both an offence and a ground for revocation of the Certificate.\n(14) Upon the grant to reside permanently in the Islands under this section, it shall\nbe a condition of such grant that where the holder sells property that was listed\nin his application for permanent residence for the purpose of purchasing\nalternative property, such purchase shall be completed within one hundred and\neighty days of the sale unless there are exceptional circumstances and he shall\ninform the Board or the Chief Immigration Officer of the details of the new\nproperty including the purchase price and the date on which the transaction\nwas completed and such notification shall be made within thirty days of such\ntransaction.\n(15) Where a person possesses permanent residence granted under any law that has\nbeen repealed, the Caymanian Status and Permanent Residency Board or the\nChief Immigration Officer shall have the power to vary or amend the terms of\nthe grant to add or remove dependants; but a dependant so removed shall have\n\nSection 30\nImmigration Law\n\nPage 40\nRevised as at 2nd day of July, 2015\nc\n\nthe right to apply to the Board or the Chief Immigration Officer for the grant\nof a Residency and Employment Rights Certificate in his own right.\n(16) The spouse of a permanent resident may apply to the Board or the Chief\nImmigration Officer for a Residency and Employment Rights Certificate,\nwhich if granted, will be subject to the same conditions and entitlements as\nspecified in subsection (6).\n(17) It shall be the duty of the holder of a Residency and Employment Rights\nCertificate granted under this section and his employer to report to the Board\nor the Chief Immigration Officer any change in the holder\u2019s employment\ncircumstances such as \u2014\n(a)\nthe holder being employed; or\n(b) the holder being terminated, promoted, demoted or re-designated,\nand the failure to do so is an offence and shall render both the holder and his\nemployer, both previous and current, liable.\n(18) Upon the death of the holder of a Residency and Employment Rights\nCertificate issued under subsection (6) or upon the dissolution of his marriage\nthe right of his surviving spouse or former spouse to reside in the Islands may\nbe revoked at the discretion of the Board or the Chief Immigration Officer, but\nthe said surviving or former spouse may, within a period of three months of\nthe revocation apply for the grant of a Residency and Employment Rights\nCertificate upon satisfying the requirements of this section.\n(19) Upon the death of the holder of a Residency and Employment Rights\nCertificate issued under subsection (6), or upon the dissolution or breakdown\nof his marriage, it shall be the duty of \u2014\n(a)\nthe spouse of the deceased Certificate holder; and\n(b) the holder of the Certificate and his spouse in the case of the dissolution\nor breakdown of their marriage,\nto notify the Board or the Chief Immigration Officer within six months of the\ndeath, dissolution or breakdown, and the failure to make such notification in\nthe case of paragraph (b) is an offence for which the holder and his spouse\nshall be liable.\n(20) Where an application for a Residency and Employment Rights Certificate has\nbeen made under subsection (18) within the said period of three months from\nthe date of any revocation, the applicant\u2019s right to reside in the Islands shall\ncontinue upon the same terms and conditions until the Board or the Chief\nImmigration Officer determines the application or the Immigration Appeals\nTribunal determines any subsequent appeal.\n(21) The right of a dependent child of the holder of a Residency and Employment\nRights Certificate issued under subsection (6) or (18) to reside in the Islands as\na dependant shall cease upon reaching the age of eighteen years unless his\n\nImmigration Law (2015 Revision)\nSection 31\n\nc\nRevised as at 2nd day of July, 2015\nPage 41\n\nparent\u2019s Residency and Employment Rights Certificate has been varied to\nreflect the fact that the dependent child is engaged in full-time tertiary\neducation, or the Chief Immigration Officer is satisfied that there are special\ncircumstances.\n(22) A person who enjoys the status of permanent resident granted prior to 1st\nJanuary, 2004, may apply to the Board or the Chief Immigration Officer for a\nvariation of that status to enable him to acquire the rights outlined in\nsubsection (6), and in the absence of exceptional circumstances the Board or\nthe Chief Immigration Officer shall approve the application.\n(23) Where the Chief Immigration Officer or his designate entertains an application\nunder this section or section 31, it shall be their responsibility to record and\nkeep, or cause to be recorded and kept, minutes of the deliberations including\ndecisions taken.\n31.\nResidency and Employment Rights Certificate for spouse of a Caymanian\n31. (1) The spouse of a Caymanian may apply to the Chief Immigration Officer or the\nCaymanian Status and Permanent Residency Board for permission to reside in\nthe Islands and if such application is successful the Chief Immigration Officer\nor the Board, as the case may be, shall grant to the applicant a Residency and\nEmployment Rights Certificate for a period of seven years and such Certificate\nwhen granted may, upon application, be renewed at the discretion of the Chief\nImmigration Officer or the Board.\n(2) The application shall be accompanied by evidence as to the stability of the\nmarriage and a statement as to the number of dependants, if any, of the spouse.\n(3) The Chief Immigration Officer or the Board shall take into account the\nfollowing, namely that \u2014\n(a)\nthe spouse of the applicant is Caymanian;\n(b) the marriage is not a marriage of convenience;\n(c)\nthe applicant is of good character;\n(d) the applicant is in good health as evidenced by a recent medical\ncertificate;\n(e)\nthe marriage is stable; and\n(f)\nthe applicant and his spouse have sufficient financial means to support\nhimself\nand\nhis\ndependants\nlisted\non\nthe\napplication\nas\naccompanying him.\n(4) A person to whom a Residency and Employment Rights Certificate is granted\nunder this section shall, as long as the marriage remains stable, be entitled \u2014\n(a)\nto remain and work in the Islands in any occupation without the need to\npossess a work permit; and\n\nSection 31\nImmigration Law\n\nPage 42\nRevised as at 2nd day of July, 2015\nc\n\n(b) to have such of his dependants as were listed on the application and were\napproved by the Board or the Chief Immigration Officer reside in the\nIslands until they have attained the age of eighteen unless the Certificate\nhas been varied to reflect the fact that the dependant is engaged in fulltime tertiary education or the Board or the Chief Immigration Officer is\nsatisfied that there are special circumstances.\n(5) Subsection (4)(b), insofar as it relates to the listing of dependants and their\napproval by the Board or the Chief Immigration Officer, shall not apply to a\nperson who became the holder of a Residency and Employment Rights\nCertificate prior to the 21st December, 2006 and such person shall continue to\nenjoy the same rights to which he was entitled immediately prior to the 21st\nDecember, 2006.\n(6) The spouse of a Caymanian shall have no right to reside or be gainfully\nemployed in the Islands unless he is the holder of a Residency and\nEmployment Rights Certificate granted under this section and he shall not be\nentitled to apply for, or to be granted, a work permit or the renewal of a work\npermit, but where a work permit is in effect on the date of the marriage he may\ncontinue to work under the terms and conditions of the work permit until its\nexpiration.\n(7) Notwithstanding subsection (6), whenever the Board or the Chief Immigration\nOfficer is satisfied that there are exceptional circumstances it or he may grant\nor renew a work permit for the spouse of a Caymanian for a period not\nexceeding three years in total after which no further permits may be granted or\nrenewed in respect of that person unless the marriage is dissolved.\n(8) Notwithstanding subsection (6) \u2014\n(a)\nwhere the holder of a Residency and Employment Rights Certificate\ngranted by the Board or the Chief Immigration Officer applies prior to its\nexpiration to have it renewed, he may continue working after it has\nexpired until such time as his application is determined by the Board or\nthe Chief Immigration Officer, or where he has appealed the Board\u2019s or\nthe Chief Immigration Officer\u2019s decision, by the Immigration Appeals\nTribunal; and\n(b) where the spouse referred to in paragraph (a) is the holder of a work\npermit and he applies for a Residency and Employment Rights\nCertificate prior to the expiration of his work permit, he may continue to\nwork during the period between the expiration of the work permit and the\nfinal determination of his application for the said Certificate by the Board\nor the Chief Immigration Officer, or where he has appealed the Board\u2019s\nor the Chief Immigration Officer\u2019s decision, by the Immigration Appeals\nTribunal.\n\nImmigration Law (2015 Revision)\nSection 32\n\nc\nRevised as at 2nd day of July, 2015\nPage 43\n\n(9) Where a person who is the spouse of a Caymanian and who has at any\ntime been \u2014\n(a)\nthe holder of a work permit;\n(b) employed by the Government of the Islands; or\n(c)\nemployed in the Islands by the Government of the United Kingdom,\napplies for a Residency and Employment Rights Certificate under this section,\nthen in the absence of exceptional circumstances the Board or the Chief\nImmigration Officer shall approve his application.\n32.\nDependants of Residency and Employment Rights Certificate holders\n32. (1) A dependant of a Residency and Employment Rights Certificate holder,\nhaving attained the age of eighteen years, may apply to the Board or the Chief\nImmigration Officer for a Residency and Employment Rights Certificate and\nshall, at the discretion of the Board or the Chief Immigration Officer, be\ngranted the right to permanently reside in the Islands under section 30(1) if \u2014\n(a)\nhe was declared in the original application for the Certificate;\n(b) he is found to be of good character and conduct;\n(c)\nhe has been legally and ordinarily resident in the Islands for at least seven\nyears immediately prior to the application; and\n(d) the holder of the Residency and Employment Rights Certificate\ncontinues to possess it or has become a Caymanian.\n(2) An application under subsection (1) shall be made prior to his attaining the age\nof nineteen, if his parent\u2019s Residency and Employment Rights Certificate has\nnot been varied so that he may remain a dependant during his tertiary\neducation or within six months of the end of such education but in either case\nit shall be made no later than his twenty-fourth birthday.\n33.\nLoss of Residency and Employment Rights Certificate\n33. (1) Subject to subsection (2), the holder of a Residency and Employment Rights\nCertificate who is the spouse of a Caymanian or has obtained a Residency and\nEmployment Rights Certificate as a result of his marriage to the holder of a\nResidency and Employment Rights Certificate under section 30(16) or any\nother earlier analogous provision, shall forfeit his rights under that\nCertificate if \u2014\n(a)\nhe falls within any of the provisions of section 38;\n(b) his spouse ceases to be a Caymanian or to be a Residency and\nEmployment Rights Certificate holder;\n(c)\nwithin ten years of the marriage, it is dissolved or annulled;\n(d) he ceases to be legally and ordinarily resident in the Islands; or\n\nSection 34\nImmigration Law\n\nPage 44\nRevised as at 2nd day of July, 2015\nc\n\n(e)\nhe and his spouse are living apart \u2014\n(i)\nunder a decree of a competent court;\n(ii) under a deed of separation; or\n(iii) in circumstances where, in the opinion of the Board, the marriage\nhas irretrievably broken down.\n(2) The holder of a Residency and Employment Rights Certificate who is or was\nthe spouse of a Caymanian and who is the parent of a Caymanian child may\napply to the Board or the Chief Immigration Officer for a continuation of the\nResidency and Employment Rights Certificate \u2014\n(a)\nuntil the child reaches the age of eighteen years; or\n(b) where the child is enrolled in tertiary education, until he completes his\neducation or has reached the age of twenty-four years, whichever\nhappens earlier.\n(3) Where the holder of a Residency and Employment Rights Certificate is the\nsurviving spouse of a Caymanian, he shall be allowed to make representations\nto the Board or the Chief Immigration Officer on his own behalf following\nwhich the Board or the Chief Immigration Officer may, in its or his\ndiscretion \u2014\n(a)\nrevoke the Certificate; or\n(b) allow the continuation of the Certificate.\n(4) Where the Board or the Chief Immigration Officer revokes a Certificate under\nsubsection (3) the previous holder shall \u2014\n(a)\nif he has applied for a work permit, be entitled to work by operation of\nlaw on the same terms and conditions as applied to his previous\nResidency and Employment Rights Certificate; or\n(b) if he has applied for the grant of permanent residence under Part IV, be\nentitled to apply to the Chief Immigration Officer under section 52(4) for\npermission to continue working under the provisions of that section,\nuntil the outcome of the application for a work permit or for permanent\nresidence and any subsequent appeal, but in the case of paragraph (b) before\ndoing so he shall comply with the requirements of section 52(6).\n34.\nResidency Certificate for Persons of Independent Means\n34. (1) A person of independent means who has attained the age of eighteen years and\nwho satisfies the requirements of this section may apply to the Chief\nImmigration Officer for a Residency Certificate for Persons of Independent\nMeans.\n(2) An applicant under this section shall be granted a Residency Certificate for\nPersons of Independent Means, without the right to work, valid for twenty-five\n\nImmigration Law (2015 Revision)\nSection 34A\n\nc\nRevised as at 2nd day of July, 2015\nPage 45\n\nyears and renewable thereafter at the discretion of the Chief Immigration\nOfficer, if he satisfies the Chief Immigration Officer that \u2014\n(a)\nhe has no serious criminal conviction;\n(b) he is in good health and possesses adequate health insurance\ncoverage; and\n(c)\nhe has attained the financial standing required by subsection (3).\n(3) The applicant will be deemed to have attained the financial standing referred\nto in subsection (2) if, as a minimum he can show that he has \u2014\n(a)\na continuous source of annual income in the prescribed amount without\nthe need to engage in employment in the Islands;\n(b) invested the prescribed sum in developed residential real estate in the\nIslands; and\n(c)\nmade other local investments in the prescribed amount.\n34A. Certificate of Permanent Residence for Persons of Independent Means\n34A. (1) A person of independent means who satisfies the requirements of this section\nmay apply in the prescribed manner to the Chief Immigration Officer for the\ngrant of the right to reside permanently in the Islands.\n(2) Subject to subsection (4) an applicant under this section shall be granted a\nCertificate of Permanent Residence for Persons of Independent Means,\nwithout the right to work, if he satisfies the Chief Immigration Officer that \u2014\n(a)\nhe has invested the prescribed sum in developed real estate in the Islands;\n(b) he and his spouse (where applicable) have a clean criminal record;\n(c)\nhe, his spouse and dependent children (where applicable) are in good\nhealth and possess adequate health insurance coverage; and\n(d) his financial resources are sufficient to adequately maintain himself and\nhis dependents.\n(3) Notwithstanding subsection (2) and section 35(1) the holder of a Certificate of\nPermanent Residence for Persons of Independent Means issued under this\nsection, or his spouse, if he holds a Certificate of Permanent Residence for\nDependants of Persons of Independent Means issued under section 35, may\napply to the Caymanian Status and Permanent Residency Board or the Chief\nImmigration Officer for a variation of his Certificate to allow the right to work\nfor any employer but only in the particular occupation or occupations specified\nby the Board or the Chief Immigration Officer.\n(4) The Cabinet shall establish a quota that would restrict the number of\nCertificates granted under this section and such quota shall be gazetted.\n\nSection 35\nImmigration Law\n\nPage 46\nRevised as at 2nd day of July, 2015\nc\n\n35.\nSpouse and dependants of the holder of a Residency Certificate for\nPersons of Independent Means or a Certificate of Permanent Residence for\nPersons of Independent Means\n35. (1) The spouse and such dependants of the holder of a Residency Certificate for\nPersons of Independent Means or a Certificate of Permanent Residence for\nPersons of Independent Means as were listed on the application and were\napproved by the Chief Immigration Officer shall be granted a Residency\nHolders (Dependant\u2019s) Certificate or a Certificate of Permanent Residence for\nDependants of Persons of Independent Means, respectively, the holder of\nwhich is permitted, subject to this section, to reside in the Islands without the\nright to work save that in the case of a Certificate of Permanent Residence for\nDependants of Persons of Independent Means such Certificate may be varied\nunder section 34A(3) to allow the right to work.\n(2) Upon the death of the holder of a Residency Certificate for Persons of\nIndependent Means or a Certificate of Permanent Residence for Persons of\nIndependent Means or upon the dissolution of the marriage, the right of the\nsurviving or former spouse to reside in the Islands may be revoked at the\ndiscretion of the Chief Immigration Officer but the said surviving or former\nspouse may, within a period of three months of any revocation, apply for the\ngrant of a Residency Certificate for Persons of Independent Means or a\nCertificate of Permanent Residence for Persons of Independent Means upon\nsatisfying the requirements of this section.\n(3) Where an application for a Residency Certificate for Persons of Independent\nMeans or a Certificate of Permanent Residence for Persons of Independent\nMeans has been made within the said period of three months from the date of\nany revocation, the applicant\u2019s right to reside in the Islands shall continue\nupon the same terms and conditions of the revoked certificate until the Chief\nImmigration Officer determines the application.\n36.\nDependants of the holder of a Residency Certificate for Persons of\nIndependent Means or a Certificate of Permanent Residence for Persons of\nIndependent Means\n36. (1) The right of a dependent child to reside in the Islands as a dependant shall\ncease upon his reaching the age of eighteen years unless his parent\u2019s\nResidency Certificate for Persons of Independent Means or Certificate of\nPermanent Residence for Persons of Independent Means has been varied to\nreflect the fact that the dependent child is engaged in full-time tertiary\neducation, or the Chief Immigration Officer is satisfied that there are special\ncircumstances.\n(2) Where a Residency Certificate for Persons of Independent Means was issued\nunder this Law or any corresponding provision of an earlier Law, the Chief\nImmigration Officer may vary it.\n\nImmigration Law (2015 Revision)\nSection 36A\n\nc\nRevised as at 2nd day of July, 2015\nPage 47\n\n(3) A dependent child of the holder of a Residency Certificate for Persons of\nIndependent Means or a Certificate of Permanent Residence for Persons of\nIndependent Means who \u2014\n(a)\nwas listed in the original application for the certificate;\n(b) has attained the age of eighteen years; and\n(c)\nis of proven good character and conduct,\nmay apply for permanent residence under section 30.\n36A. Revocation of Certificate of Permanent Residence for Persons of\nIndependent Means or Certificate of Permanent Residence for Dependants\nof Persons of Independent Means\n36A. The holder of a Certificate of Permanent Residence for Persons of Independent\nMeans or a Certificate of Permanent Residence for Dependants of Persons of\nIndependent Means may, at the discretion of the Chief Immigration Officer, have\nhis right to reside in the Islands revoked if \u2014\n(a)\nhe fails to maintain the required prescribed level of investment in\ndeveloped real estate in the Islands; or\n(b) in the opinion of the Chief Immigration Officer, any of the matters\nreferred to in section 38(1)(a) to (j) applies to the holder or his\ndependants.\n\n37.\nRevocation of Residency Certificate for Persons of Independent Means\n37. The holder of a Residency Certificate for Persons of Independent Means or the\nholder of a Residency Certificate for Retirees acquired under the Immigration Law,\n2003 [Law 34 of  2003] may, at the discretion of the Chief Immigration Officer,\nhave the right to reside in the Islands revoked if \u2014\n(a)\nhe fails to maintain his financial standing stipulated in section 34;\n(b) he was not physically present in the Islands for a minimum of thirty days\nin aggregate in any calendar year; or\n(c)\nin the opinion of the Chief Immigration Officer, any of the matters\nreferred to in section 38(1)(a) to (j) applies to the holder.\n37A. Certificate of Direct Investment\n37A. (1) A person who \u2014\n(a)\nhas made or proposes to make, an investment equal to or greater than the\nminimum prescribed amount in any licensed employment generating\nbusiness or businesses in the Islands, whether already existing or a new\nventure, and in which he does or will exercise substantial management\ncontrol;\n\nSection 37A\nImmigration Law\n\nPage 48\nRevised as at 2nd day of July, 2015\nc\n\n(b) has a substantial business track record or an entrepreneurial background,\nincluding specific professional, technical and other knowledge relevant\nand necessary to carry on the pertinent business or businesses; and\n(c)\nrepealed by section 10 of [Law 2 of 2012]\n(d) can prove \u2014\n(i)\nthat he has available to him and under his personal control funds to\nthe value of the proposed investment amount; or\n(ii) that he has already invested the minimum prescribed sum of money\nin a licensed employment generating business in the Islands,\nmay apply to the Chief Immigration Officer for a Certificate of Direct\nInvestment but such Certificate shall not confer any right to a licence under the\nLocal Companies (Control) Law (2007 Revision) or the Trade and Business\nLicensing Law (2007 Revision).\n(2) Where the Chief Immigration Officer is satisfied that \u2014\n(a)\nthe applicant and his spouse (where applicable) have a clean criminal\nrecord;\n(b) the applicant, his spouse and dependent children (where applicable) are\nin good health and possess adequate health coverage; and\n(c)\nthe applicant has provided satisfactory evidence with respect to\nsubsection (1),\nhe may, taking into account the views of the Department of Commerce and\nInvestment, issue an Approval-in-Principle Certificate of Direct Investment\nvalid for six months.\n(3) Where before the expiry of the Approval-in-Principle Certificate of Direct\nInvestment the applicant can demonstrate that he has made the investment\nproposed and has obtained all required licences, then the Chief Immigration\nOfficer may, upon receipt of the prescribed fees, and having taken into account\nthe views of the Department of Commerce and Investment, issue a Certificate\nof Direct Investment valid for twenty-five years renewable on application and\nat the discretion of the Chief Immigration Officer.\n(4) Where a Certificate has been issued under subsection (3) the holder is required\nto submit to the Chief Immigration Officer audited financial statements and\ndetails of the employment that has been generated at the end of the second and\nfifth year of his investment and at any time thereafter upon request by the\nChief Immigration Officer.\n(5) A Certificate issued under subsection (3) shall entitle the holder \u2014\n(a)\nto reside in the Cayman Islands; and\n\nImmigration Law (2015 Revision)\nSection 37A\n\nc\nRevised as at 2nd day of July, 2015\nPage 49\n\n(b) to work in the business or businesses in which he has invested for the\npurpose of obtaining the Certificate in an occupation or in occupations\napproved by the Chief Immigration Officer.\n(6) The spouse and dependent children (where applicable) of the holder of a\nCertificate of Direct Investment shall be granted a Direct Investment Holder\u2019s\n(Dependant\u2019s) Certificate, the holder of which is permitted, subject to this\nsection, to reside in the Cayman Islands.\n(7) Upon the death of the holder of a Certificate of Direct Investment or upon the\ndissolution of the marriage, the right of the dependant spouse to reside in the\nIslands may be revoked at the discretion of the Chief Immigration Officer but\nthe said surviving spouse may within a period of three months of any\nrevocation apply for the grant of a Certificate of Direct Investment upon\nsatisfying the requirements of this section.\n(8) Where an application for a Certificate of Direct Investment has been made\nwithin the said period of three months from the date of the revocation, the\napplicant\u2019s right to reside in the Islands shall continue upon the same terms\nand conditions until the Chief Immigration Officer determines the application.\n(9) The right of a dependent child to reside in the Islands as a dependant shall\ncease upon reaching the age of eighteen years unless his parent\u2019s Certificate of\nDirect Investment has been varied to reflect the fact that the dependent child is\nengaged in full-time tertiary education, or the Chief Immigration Officer is\nsatisfied that there are special circumstances.\n(10) Where there is a change in the number of children who are dependants of the\nholder of a Certificate of Direct Investment or where he marries, divorces\nsubsequent to the issue of the Certificate, or changes his occupation within the\nbusiness or businesses, he shall so inform the Chief Immigration Officer of the\nfact and the Chief Immigration Officer may amend the Certificate accordingly\nand subject to such conditions as he may, in his absolute discretion, determine.\n(11) When paying the prescribed fee the holder shall also submit a declaration\nsigned by him confirming that \u2014\n(a)\nhe has provided to the Chief Immigration Officer audited financial\nstatements pertaining to his investments at the required intervals;\n(b) he maintains the prescribed level of investment;\n(c)\nnone of his business licences has been revoked;\n(d) he was physically present in the Islands for a minimum of ninety days in\naggregate in the preceding calendar year; and\n(e)\nthe business or businesses are complying with the prescribed\nemployment generating requirements.\n\nSection 37B\nImmigration Law\n\nPage 50\nRevised as at 2nd day of July, 2015\nc\n\n37B. Revocation of Certificate of Direct Investment\n37B. The holder of a Certificate of Direct Investment may at the discretion of the Chief\nImmigration Officer have his right to reside in the Islands revoked if \u2014\n(a)\nhe fails to provide audited financial statements pertaining to his\ninvestments at the required intervals or when requested by the Chief\nImmigration Officer;\n(b) he fails to maintain the required prescribed level of financial investment;\n(c)\nany of his business licences has been revoked;\n(d) he was not physically present in the Islands for a minimum of ninety\ndays in aggregate in any calendar year;\n(e)\nthe business or businesses in which the investments are made cease to be\nemployment generating;\n(f)\nhe fails to pay the prescribed fees in respect of himself or his\ndependants; or\n(g) in the opinion of the Chief Immigration Officer, any of the matters\nreferred to in section 38(1)(a) to (j) applies to the holder or his spouse.\n37C. Certificate for Specialist Caregivers\n37C. (1) The employer or former employer of a person who meets the criteria contained\nin subsection (2) may apply to the Work Permit Board or the Chief\nImmigration Officer for the grant or renewal of a Certificate for Specialist\nCaregivers in respect of that person.\n(2) The criteria mentioned in subsection (1), in respect of a person\u2019s eligibility for\nemployment under a Certificate for Specialist Caregivers, are as follows \u2014\n(a)\n(i)\nthe person shall hold a final work permit;\n(ii) where the person held a final work permit which has expired, the\napplication for employment under a Certificate for Specialist\nCaregivers may be made if the person is otherwise legally resident\nin the Islands;\n(iii) where the person held a final work permit which has expired and\nthe person has departed the Islands, the application for employment\nunder a Certificate for Specialist Caregivers shall be made within\none year from the date of that departure;\n(iv) the person holds permission granted under section 52(4); or\n(v) where the person held permission granted under section 52(4)\nwhich has expired, the application for employment under a\nCertificate for Specialist Caregivers may be made if the person is\notherwise legally resident in the Islands or remains in the Islands on\nthe basis of permission granted under section 67,\n\nImmigration Law (2015 Revision)\nSection 37C\n\nc\nRevised as at 2nd day of July, 2015\nPage 51\n\nand in relation to subparagraphs (i) to (v), such final work permit or\npermission is or was for employment by an employer (including, the\nGovernment or a nursing home approved by the Cabinet) as a domestic helper,\nnurse or nanny, or in some other care giving capacity;\n(b) the person is or was employed with the employer or former employer\nmaking the application, as a domestic helper, nurse or nanny, or in some\nother care giving capacity, for at least three years immediately before the\npermission to be employed in that capacity terminated;\n(c)\nthe person is or was employed for the purpose of caring for a sick person,\nelderly person or person with a disability; and\n(d) the person is in good health and possesses health insurance coverage.\n(3) Where, having received an application under subsection (1), the Work Permit\nBoard or the Chief Immigration Officer, as the case may be, is satisfied that\nthe criteria in subsection (2) are met, the Work Permit Board or the Chief\nImmigration Officer, having regard to the criteria contained in section 44(3)\nmay, upon payment of the prescribed fee, issue a Certificate for Specialist\nCaregivers, valid for five years, to take effect upon the expiry of the\nemployee\u2019s final work permit or permission granted under section 52(4) or, in\nthe event that the employee\u2019s final work permit or permission granted under\nsection 52(4) has expired, upon the date of the decision of the Board or the\nChief Immigration Officer; and such Certificate shall be renewable for a\nperiod of five years, on application to the Board or the Chief Immigration\nOfficer and upon payment of the prescribed fee, if the criteria contained in\nsubsection (2) remain satisfied.\n(4) Upon the issue of a Certificate for Specialist Caregivers, the name of the\nperson being cared for shall be inscribed on the Certificate.\n(5) A Certificate for Specialist Caregivers shall entitle the employee named in it to\ncontinue to work, or return to work, for the employer with whom the employee\nhas been, or was, employed prior to the expiry of the employee\u2019s final work\npermit or permission granted under section 52(4) in the capacity of a domestic\nhelper, nurse or nanny or in any other care giving capacity, caring for the sick\nperson, elderly person or person with a disability named in the Certificate.\n(6) Where, during the currency of any final work permit or permission granted\nunder section 52(4), an application had been made to the Work Permit Board\nor to the Chief Immigration Officer \u2014\n(a)\nfor the grant of a Certificate for Specialist Caregivers where the applicant\nis eligible to make such an application; or\n(b) for the renewal of a Certificate for Specialist Caregivers prior to the\nexpiry of the current Certificate,\nthen, if such application \u2014\n\nSection 37C\nImmigration Law\n\nPage 52\nRevised as at 2nd day of July, 2015\nc\n\n(i)\nhas not yet been determined by the Work Permit Board or the Chief\nImmigration Officer; or\n(ii) has been refused by the Work Permit Board or the Chief\nImmigration Officer and that refusal has been appealed under\nsection 15 to the Immigration Appeals Tribunal within the\nprescribed time for doing so,\nnotwithstanding the fact that the final work permit, permission granted under\nsection 52(4) or the Certificate for Specialist Caregivers has expired, it shall\nnot be an offence for the employee to whom the application relates to continue\nto be engaged in gainful occupation on the same terms and conditions of the\nfinal work permit, the permission granted under section 52(4) or the Certificate\nfor Specialist Caregivers while awaiting a notification of the determination of\nthe application or appeal.\n(7) A Certificate for Specialist Caregivers shall not confer any rights on the\nemployee\u2019s spouse or dependants with respect to residence and employment\nrights in the Islands.\n(8) Where during the currency of a Certificate for Specialist Caregivers, the\nemployer who is the holder of the Certificate dies or is no longer capable of\nholding the Certificate, the Certificate may be transferred at the discretion of\nthe Work Permit Board or the Chief Immigration Officer to another competent\nholder provided that the employee will continue to care for the same sick\nperson, elderly person or person with a disability named in the Certificate.\n(9) An application for the renewal of a Certificate for Specialist Caregivers, where\nthe applicant was eligible to make such application, may be refused and a\nCertificate may be revoked by the Work Permit Board or the Chief\nImmigration Officer if \u2014\n(a)\nthe employee named in the Certificate ceases to be employed by the\nemployer named in the Certificate;\n(b) the person named in the Certificate as being the employer dies or\nbecomes in the opinion of the Work Permit Board or the Chief\nImmigration Officer no longer capable of holding the Certificate;\n(c)\nthe person named in the Certificate as being cared for dies or ceases to be\na sick person or a person with a disability; or\n(d) in the opinion of the Work Permit Board or the Chief Immigration\nOfficer, any of the matters referred to in section 38(1)(a), (c), (d), (e), (f),\n(g), (h), (k) or (n) applies to the employee named in the Certificate.\n(10) Where the employment arrangement between the employee and the employer\nwho is the Certificate holder ceases or the Certificate holder or the person\nnamed in the Certificate as being cared for dies or ceases to be a sick person or\na person with a disability, it shall be the duty of the employee named in the\n\nImmigration Law (2015 Revision)\nSection 37D\n\nc\nRevised as at 2nd day of July, 2015\nPage 53\n\nCertificate or the employer who is the Certificate holder, as the case may be, to\ninform the Board or the Chief Immigration Officer within thirty days of the\ncessation or the death or the change in circumstances with respect to the\nperson being cared for, and failure to do so is an offence for which both the\nCertificate holder and the employee named in the Certificate, as the case may\nbe, shall be liable.\n(11) Upon the expiry of a Certificate for Specialist Caregivers and where no\napplication is made for its renewal, or such application is not permitted to be\nmade, or an application is made but is refused and no appeal has been made,\nthe employee named in the Certificate shall leave the Islands unless the\nemployee is allowed to remain under some other provision of this Law, and\nneither the Board nor the Chief Immigration Officer shall grant or renew a\nwork permit for the employee for not less than one year after the employee has\nleft the Islands.\n37D. Residency Certificate (Substantial Business Presence)\n37D. (1) A person who is or proposes to be legally and ordinarily resident in the Islands\nfor a minimum period of ninety days in each calendar year and who \u2014\n(a)\nowns, or proposes to own, either directly or indirectly, a minimum of ten\npercent of the shares in an approved category of business in the Islands\nthrough which he has established, or will establish, a substantial business\npresence in the Islands; or\n(b) proves to the satisfaction of the Chief Immigration Officer that he is or\nwill be employed in a senior management capacity of an approved\ncategory of business in the Islands,\nmay apply to the Chief Immigration Officer for a Residency Certificate\n(Substantial Business Presence) but such Certificate shall not confer any right\nto a licence under the Local Companies (Control) Law (2007 Revision) or the\nTrade and Business Licensing Law (2007 Revision).\n(2) For the purposes of this section, the expressions \u201capproved category of\nbusiness\u201d, \u201csenior management capacity\u201d and \u201csubstantial business presence\u201d\nshall have the meanings ascribed to them in the Regulations.\n(3) Where the Chief Immigration Officer is satisfied that \u2014\n(a)\nthe applicant and his spouse (where applicable) have a clean criminal\nrecord;\n(b) the applicant, his spouse and dependent children (where applicable) are\nin good health and possess adequate health insurance coverage; and\n(c)\nthe applicant has provided satisfactory evidence with respect to\nsubsection (1),\n\nSection 37D\nImmigration Law\n\nPage 54\nRevised as at 2nd day of July, 2015\nc\n\nhe may, taking into account the views of the Department of Commerce and\nInvestment \u2014\n(i)\nin the case of an applicant who proposes to become a shareholder in\nan approved category of business as referred to in subsection (1)(a)\nbut does not meet the shareholding or substantial business presence\nrequirements or has not yet obtained all required licences, issue an\nApproval-in-Principle Residency Certificate (Substantial Business\nPresence) valid for six months; or\n(ii) in the case of an applicant under subsection (1)(b), or an applicant\nunder subsection (1)(a) who already meets the shareholding and\nsubstantial business presence requirements, or the holder of an\nunexpired Approval-in-Principle Residency Certificate (Substantial\nBusiness Presence) who now meets all shareholding and substantial\nbusiness presence requirements and has obtained all required\nlicences, issue a Residency Certificate (Substantial Business\nPresence) valid for twenty-five years.\n(4) A Certificate issued under subsection (3)(ii) shall be renewable on application\nand at the discretion of the Chief Immigration Officer.\n(5) A Certificate issued under subsection (3) shall entitle the holder \u2014\n(a)\nto reside in the Cayman Islands; and\n(b) to work in the business in which he is an owner or is employed in a\nsenior management capacity in an occupation approved by the Chief\nImmigration Officer.\n(6) The spouse and dependent children (where applicable) of the holder of an\nApproval-in-Principle Residency Certificate (Substantial Business Presence)\nshall be granted a Substantial Business Presence (Dependant\u2019s) Certificate, the\nholder of which is permitted, subject to this section, to reside in the Islands.\n(7) Upon the death of the holder of an Approval-in-Principle Residency\nCertificate (Substantial Business Presence) or a Residency Certificate\n(Substantial Business Presence) or upon the dissolution of his marriage, the\nright of the dependent spouse to reside in the Islands shall cease after a period\nof one year from the date of the death or the dissolution unless \u2014\n(a)\nthe spouse can demonstrate to the satisfaction of the Chief Immigration\nOfficer that he can support himself and any dependent children without\nhaving to become gainfully occupied in the Islands; or\n(b) the holder is granted permission to remain under any other provision of\nthis Law.\n(8) The right of a dependent child to reside in the Islands as a dependant shall\ncease upon completion of his full time tertiary education or when he reaches\n\nImmigration Law (2015 Revision)\nSection 38\n\nc\nRevised as at 2nd day of July, 2015\nPage 55\n\nthe age of twenty-four years, whichever happens earlier, unless the Chief\nImmigration Officer is satisfied that there are special circumstances.\n(9) Where there is a change in the number of children who are dependants of the\nholder of a Certificate issued under this section or where he marries or\ndivorces subsequent to the issue of the Certificate, or changes his occupation\nwithin the business, he shall so inform the Chief Immigration Officer of the\nfact and the Chief Immigration Officer may amend the Certificate accordingly\nand subject to such conditions as he may, in his absolute discretion, determine.\n(10) When paying the prescribed annual fee the holder shall also submit a\ndeclaration signed by him confirming that \u2014\n(a)\nhis permission to operate or work in the business has not been lost as a\nresult of the revocation or non-renewal of a required licence; and\n(b) he was physically resident in the Islands for a minimum of ninety days in\naggregate in the preceding calendar year.\n(11) The holder of a Certificate issued under this section may at the discretion of\nthe Chief Immigration Officer have his right to reside in the Islands\nrevoked if \u2014\n(a)\nhis ability to operate or work in the business to which the Certificate\nrelates is lost as a result of the revocation or non-renewal of a required\nlicence;\n(b) he was not physically resident in the Islands for a minimum of ninety\ndays in aggregate in any calendar year;\n(c)\nthe business in relation to which the certificate was granted no longer\nexists;\n(d) he ceases to comply with the provisions of subsection (1);\n(e)\nhe fails to pay the prescribed fees in respect of himself or his dependants\nwithin thirty days of the due date; or\n(f)\nin the opinion of the Chief Immigration Officer, any of the matters\nreferred to in section 38(1)(a) to (j) applies to the holder or his spouse.\n38.\nGeneral provisions relating to loss of permanent residency\n38. (1) The Board or the Chief Immigration Officer may, in respect of any person who\nhas been granted permission to reside permanently in the Islands, revoke such\npermission where \u2014\n(a)\nhe organises or engages in subversive political activity, or organises,\ncauses or promotes racism within the Islands or elsewhere;\n(b) the Board or the Chief Immigration Officer is satisfied that the\ninformation given in his application for permission to remain\npermanently in the Islands was false in a material particular or concealed\na material fact;\n\nSection 38\nImmigration Law\n\nPage 56\nRevised as at 2nd day of July, 2015\nc\n\n(c)\nhe has been convicted of an offence against the laws of the Islands;\n(d) he has been convicted of an offence under the laws of another country,\nthe nature of which offence would, in the opinion of the Board or the\nChief Immigration officer make his continued presence in the Islands\ncontrary to the public interest;\n(e)\nhe becomes destitute;\n(f)\nhe becomes mentally disordered or mentally defective as defined in the\nMental Health Law, 2013 [Law 10 of 2013];\n(g) he is medically certified to be suffering from a communicable disease\nthat makes his continued residence in the Islands dangerous to the\ncommunity;\n(h) he is reasonably believed \u2014\n(i)\nto be a prostitute and to have come to the Islands for the purpose of\nprostitution; or\n(ii) to be living on, or receiving the proceeds of prostitution;\n(i)\nhe fails to maintain the level of financial investment stated in his\napplication for permission to remain permanently in the Islands;\n(j)\nhe fails to make the annual declaration in respect of himself, his\ndependants, and other prescribed matters, as required by section 30(13);\n(k) he is or has been working in an occupation not specified in his\nCertificate;\n(l)\neither the Board or the Chief Immigration Officer is of the opinion that\nhe is no longer supporting, or able to support, a dependant previously\nincluded in the grant of permanent residence;\n(m) he is delinquent, for a period of more than ninety days, with respect to\nthe payment of prescribed fees relating to the right to reside permanently\nin the Islands;\n(n) he is deemed by the Cabinet to be an undesirable inhabitant of the\nIslands; or\n(o) he has been ordinarily resident outside the Islands continuously for a\nperiod of one year or more.\n(1A) The offence referred to in subsection (1)(d) must have been an offence that\nwould be recognised as an offence in the Islands.\n(2) Where the substantive holder of permanent residence loses his right to\npermanent residence under this Law, a person who had acquired permanent\nresidence and a Residency and Employment Rights Certificate by virtue of his\nbeing a dependant of the substantive holder, shall be allowed to make\nrepresentations to the Board or the Chief Immigration Officer on its or his own\nbehalf as to why he should not lose his right to permanent residence and the\n\nImmigration Law (2015 Revision)\nSection 39\n\nc\nRevised as at 2nd day of July, 2015\nPage 57\n\nBoard or the Chief Immigration Officer in its or his discretion shall determine\nthe matter.\n39.\nQualification for legal and ordinary residence in Part IV\n39. In relation to the qualification for legal and ordinary residence referred to in\nthis Part \u2014\n(a)\nwhere any question arises as to whether a person was or was not, during\nany material period, legally and ordinarily resident in the Islands, such\nquestions shall be decided by the Board or the Chief Immigration\nOfficer; and\n(b) nothing in this subsection shall have effect so as to preclude any person\nfrom appealing to the Immigration Appeals Tribunal under section 15 on\nthe grounds that the Board or the Chief Immigration Officer came to the\nwrong decision on the question of whether during any material period he\nwas or was not legally and ordinarily resident in the Islands.\nPART V - Gainful Occupation of Non-Caymanians\n40.\nPersons exempted\n40. (1) This Part does not apply to \u2014\n(a)\n(i)\na person employed by the Government of the Islands in respect of\nhis employment;\n(ii) a person employed in the Islands by the Government of the United\nKingdom;\n(iii) a consular officer and his staff;\n(iv) an accredited representative or agent of a government of any part of\nthe Commonwealth; or\n(v) a member of Her Majesty\u2019s armed forces;\n(b) any person who may, from time to time, be declared by the Governor to\nbe exempt for any purpose either unconditionally or subject to such\nconditions as may be prescribed;\n(c)\na member of the crew of any vessel that does not operate full-time in the\nIslands, while engaged in his duties as such;\n(d) the beneficial owner of up to two units of property whose lawful\npresence in the Islands is to facilitate rental or lease arrangements in\nrespect of those units and whose spouse does not own, operate or have an\ninterest in those units; or\n(e)\nsuch other class or classes of persons as may, from time to time, be\nprescribed.\n\nSection 40A\nImmigration Law\n\nPage 58\nRevised as at 2nd day of July, 2015\nc\n\n(2) A certificate issued by the Governor, acting in his discretion, shall be final in\ndetermining whether or not a person falls within one of the categories (i) to (v)\nreferred to in paragraph (a) of subsection (1).\n40A. Provisions not applicable to special economic zone developer and special\neconomic zone enterprise\n40A. Sections 44(2)(b) - (c), (3)(b) - (c) and (4), 45, 46, 48(10)(f) and 51 shall not apply\nin the case where the employer is a special economic zone developer or a special\neconomic zone enterprise operating in a special economic zone for which a career\ndevelopment bureau has been established.\n41.\nWho may be gainfully occupied\n41. (1) Subject to subsection (2), no person shall carry on gainful occupation in the\nIslands unless \u2014\n(a)\nhe is Caymanian;\n(b) he has acquired permanent residence with a right to work under this or\nany earlier law;\n(c)\nhe has acquired the right to reside and to work in the Islands as a result of\nthe issue of a Residency and Employment Rights Certificate;\n(ca) he is authorised to do so by a visitor\u2019s work visa granted under this Law;\n(d) he is authorised to do so by a work permit granted under this or any\nearlier law; or\n(e)\nhe is a person entitled to work under any other provision of this Law.\n(2) No person shall carry on gainful occupation in the Islands, in respect of any\nrestricted area of employment, unless \u2014\n(a)\nhe is Caymanian;\n(b) at the date of commencement of the Immigration (Amendment) Law,\n2013, he is a key employee in a restricted area of employment;\n(c)\nhe has acquired permanent residence with a right to work under this or\nany earlier Law;\n(d) he has acquired the right to remain and to work in the Islands as a result\nof the issue of a Residency and Employment Rights Certificate;\n(e)\nhe is the parent of a Caymanian under the age of eighteen;\n(f)\nhe is the holder of a work permit issued under section 31(7) or issued in\naccordance with a quota fixed by the Cabinet under section 46(A)(2);\n(g) he is a person whose employment under a temporary work permit is, in\nthe opinion of the Chief Immigration Officer, justified due to exceptional\ncircumstances; or\n\nImmigration Law (2015 Revision)\nSection 42\n\nc\nRevised as at 2nd day of July, 2015\nPage 59\n\n(h) he is a person whose employment (otherwise than under a temporary\nwork permit) is, in the opinion of the Work Permit Board, the Business\nStaffing Plan Board or the Cayman Brac and Little Cayman Immigration\nBoard, justified due to exceptional circumstances,\nbut where, at the date of commencement of the Immigration (Amendment)\nLaw, 2013 [Law 12 of 2013], in respect of such person \u2014\n(i)\na work permit is in force, he may continue to work under the terms\nand conditions of the permit until its expiration; or\n(ii) an application for a work permit was received but did not come\nbefore the Work Permit Board, the Business Staffing Plan Board,\nthe Cayman Brac and Little Cayman Immigration Board or the\nChief Immigration Officer until after that date, then the relevant\nBoard or the Chief Immigration Officer, as the case may be, shall\ngive consideration to such application using the law that was in\neffect immediately before that date.\n42.\nApplication for work permit\n42. (1) In this Part, unless the context otherwise requires, a reference to the Chief\nImmigration Officer in relation to the granting or renewal of work permits\nshall be construed as including a reference to anyone specifically designated\nby him to perform those duties.\n(2) All or any of the powers conferred upon the Chief Immigration Officer under\nsubsection (5) may be delegated by him to any members of his staff.\n(3) A person who seeks to be self-employed or a prospective employer of any\nperson may apply for a work permit or the renewal thereof \u2014\n(a)\nto the Work Permit Board, the Business Staffing Plan Board or the Chief\nImmigration Officer, as the case may be, where the application is for\ngainful occupation in Grand Cayman; or\n(b) to the Cayman Brac and Little Cayman Immigration Board where the\napplication is for gainful occupation in Cayman Brac or Little Cayman.\n(4) An application for the grant or renewal of a work permit or a Term Limit\nExemption Permit shall be in the prescribed form and accompanied by \u2014\n(a)\nthe administrative filing fee, the work permit fee and where applicable\nthe dependant fee and repatriation fee and such documentary evidence as\nmay be prescribed; and\n(b) a written undertaking by the worker to submit to being fingerprinted and\nto the fingerprints being recorded electronically.\n(5) Notwithstanding anything contained in this Law, the Chief Immigration\nOfficer or his designate shall process applications and otherwise make\ndeterminations in respect of \u2014\n\nSection 43\nImmigration Law\n\nPage 60\nRevised as at 2nd day of July, 2015\nc\n\n(a)\nthe grant or renewal of a work permit or a Term Limit Exemption Permit;\n(b) the grant of a work permit under section 52(10);\n(c)\nthe grant of a final (non-renewable) work permit where permanent\nresidence has been refused and an appeal against such refusal has not\nbeen lodged; and\n(d) an amendment to a work permit.\n(6) For the avoidance of doubt the Chief Immigration Officer or his designate may\namend but may not grant or renew a Business Staffing Plan.\n(7) A delegation under subsection (2) \u2014\n(a)\nshall be in writing or if made orally shall be reduced to writing as soon as\npossible afterwards;\n(b) may be made subject to such limitations and conditions as are specified\nin the instrument of delegation; and\n(c)\nmay be revoked at any time by the grantor.\n(8) Where the Chief Immigration Officer or his designates entertain an application\nunder subsection (3) or section 53, it shall be his or their responsibility, as the\ncase may be, to record and keep all minutes of the meetings and proceedings,\nincluding decisions taken.\n43.\nApplication of certain sections to Cayman Brac and Little Cayman\nImmigration Board\n43. In performing the functions of granting or renewing work permits, sections 44, 46A,\n48, 55 and 56 with necessary amendments shall be construed as applying also to the\nCayman Brac and Little Cayman Immigration Board.\n44.\nConsideration of application for work permit by Board or Chief Immigration\nOfficer\n44. (1) The Work Permit Board, the Business Staffing Plan Board or the Chief\nImmigration Officer, as the case may be, in considering an application under\nsection 42 \u2014\n(a)\nshall, in respect of an application for a grant; or\n(b) may, in respect of an application for a renewal,\nsubject to any general directions which the Cabinet may, from time to time,\ngive in respect of the consideration of such application, take into account the\nmatters listed in subsections (2) to (4).\n(2) In relation to the prospective employer, that \u2014\n(a)\nhe has demonstrated his genuine need to engage the services of the\nprospective worker;\n\nImmigration Law (2015 Revision)\nSection 44\n\nc\nRevised as at 2nd day of July, 2015\nPage 61\n\n(b) he has, unless he has been exempted by the Cabinet or by the Board,\nsought, by advertising in at least two issues for two consecutive weeks in\na local newspaper, to ascertain the availability of any one or more of the\nfollowing in the order in which they are listed \u2014\n(i)\na Caymanian;\n(ii) the spouse of a Caymanian;\n(iii) the holder of a Residency and Employment Rights Certificate; and\n(iv) a person legally and ordinarily resident in the Islands who is\nqualified and willing to fill the position;\n(c)\nin the case of an application in respect of a professional, managerial or\nskilled occupation, the Board or the Chief Immigration Officer, as the\ncase may be, is satisfied as to the extent to which he has established\nadequate training or scholarship programmes for Caymanians; and\n(d) in the case of a worker who has a ten year term limit which took effect\nprior to the commencement of the Immigration (Amendment) (No. 2)\nLaw, 2013 [Law 23 of 2013], the extent to which the employer has\ncontributed to the national training initiative.\n(3) In relation to the worker \u2014\n(a)\nhis character, reputation and health, and where relevant, the character,\nreputation and health of his dependants;\n(b) his professional and technical qualifications and his experience and\ncompetence to undertake the position applied for;\n(c)\nthe economic and social benefits which he may bring to the Islands;\n(d) the sufficiency of the resources or the proposed salary of the worker and,\nwhere his spouse is employed within the Islands, those of his spouse, and\nhis or their ability to adequately maintain his or their dependants;\n(e)\nhis facility in the use of the English language; and\n(f)\nthe location, type and suitability of the accommodation available for the\nworker and his dependants, if any, throughout the term of the work\npermit.\n(4) Generally \u2014\n(a)\nthe protection of local interests and in particular of Caymanians,\nincluding without limitation and where applicable, the provisions set out\nin section 44(2)(c);\n(b) the availability of the services of a suitable person already legally and\nordinarily in the Islands; and\n(c)\nthe requirements of the community as a whole, the demographics referred\nto in section 24(j) and such other matters that may arise from the\napplication.\n\nSection 45\nImmigration Law\n\nPage 62\nRevised as at 2nd day of July, 2015\nc\n\n(5) A person who, when making an application under section 42 to the Board or\nthe Chief Immigration Officer, wilfully \u2014\n(a)\nwithholds information that a Caymanian, the spouse of a Caymanian or\nthe holder of a Residency and Employment Rights Certificate has applied\nfor the position for which a work permit is sought; or\n(b) provides inaccurate or incomplete information with respect to\nparagraph (a) in an attempt to deceive the Board or the Chief\nImmigration Officer, either by act or omission,\ncommits an offence and is liable on summary conviction in respect of the first\noffence to a fine of twenty thousand dollars and to imprisonment for one year;\nand in respect of a second or subsequent offence to a fine of thirty thousand\ndollars and imprisonment for two years.\n(6) General directions given under this section shall be published in the Gazette.\n45.\nBusiness Staffing Plan\n45. (1) Every company, firm or other business enterprise which \u2014\n(a)\nhas carried on business for six months or more on or after the 1st\nJanuary, 2004; and\n(b) employs fifteen or more persons on work permits,\nshall, no later than the 31st March, 2007, submit to the Business Staffing Plan\nBoard, a Business Staffing Plan in accordance with Schedule 3 to the\nRegulations.\n(2) Every company, firm or other business enterprise, other than those referred to\nin subsection (1), carrying on business within the Islands shall, as of the date\nthey commence employing fifteen or more persons on work permits, submit to\nthe Business Staffing Plan Board, a Business Staffing Plan in accordance with\nSchedule 3 to the Regulations within six months of such date.\n(3) Every company, firm or other business enterprise which has no or fewer than\nfifteen persons on work permits, may submit to the Business Staffing Plan\nBoard, a Business Staffing Plan in accordance with Schedule 3 to the\nRegulations.\n(4) Where a Business Staffing Plan Certificate is about to expire, its holder shall\napply in the prescribed manner and form for the renewal of his Business\nStaffing Plan and he shall not be regarded as being in breach of subsection (1)\nor (2) if the application for the renewal of his Plan was submitted before the\ndate of the expiration of the certificate; and, where the certificate expires prior\nto the renewal of his Plan, he shall be entitled to operate under the terms and\nconditions of his Plan pending the renewal.\n(5) Subject to subsection (6), neither the Work Permit Board, the Cayman Brac\nand Little Cayman Immigration Board nor the Chief Immigration Officer may\n\nImmigration Law (2015 Revision)\nSection 46\n\nc\nRevised as at 2nd day of July, 2015\nPage 63\n\nentertain an application for a work permit or a temporary work permit, by way\nof grant or renewal, where the applicant is in breach of subsection (1) or (2);\nand, where the application is in respect of a worker who was employed on a\nwork permit or a temporary work permit on the date of the application, the\nworker\u2019s right to be engaged in gainful occupation shall cease upon the\nexpiration of the work permit or temporary work permit, as the case may be,\nnotwithstanding section 56(2), save that upon the applicant filing his Business\nStaffing Plan, notwithstanding that it has been filed late, the granting or\nrenewing of work permits by the entities referred to in this subsection shall\nresume for that applicant.\n(6) Notwithstanding subsection (5), where an application for a Business Staffing\nPlan is submitted after any deadline provided for in this section, it shall be\naccompanied by a fee amounting to double that which would otherwise have\nbeen paid if the application had been submitted within time.\n(7) The Business Staffing Plan Board or the Chief Immigration Officer may, upon\nthe written application of the holder of a Business Staffing Plan Certificate,\nvary or amend the Business Staffing Plan to which the certificate relates.\n(8) Where a company, firm or other business enterprise has submitted a Business\nStaffing Plan to the Business Staffing Plan Board as required by subsection (1)\nor (2) but the Work Permit Board, the Cayman Brac and Little Cayman\nImmigration Board and the Chief Immigration Officer are of the opinion,\nhaving first made enquires of the Business Staffing Plan Board and the\napplicant for the Business Staffing Plan Certificate, that the applicant has\nfailed or refused to take reasonable steps to pursue and conclude such\napplication, then the Work Permit Board, the Cayman Brac and Little Cayman\nImmigration Board and the Chief Immigration Officer may, upon giving not\nless than ninety days notice to the applicant of their intention so to do, cease\ngranting and renewing work permits submitted by the applicant; and where the\napplication is in respect of a worker who was employed on a work permit or a\ntemporary work permit on the date of the application, the worker\u2019s right to be\nengaged in gainful occupation shall cease upon the expiration of the work\npermit or temporary work permit, as the case may be, notwithstanding\nsection 56(2).\n46.\nResponsibility of the Board in processing applications for professional\nemployees\n46. In considering an application for a work permit for a professional employee, the\nWork Permit Board, the Business Staffing Plan Board or the Chief Immigration\nOfficer, as the case may be, shall \u2014\n(a)\nconsult with the appropriate authority;\n\nSection 46A\nImmigration Law\n\nPage 64\nRevised as at 2nd day of July, 2015\nc\n\n(b) have regard to the expressed views of the appropriate authority in respect\nof the requirements in the Islands of professional employees in the\nparticular profession;\n(c)\nnotify the appropriate authority of the details of every work permit\napplied for, whether granted or not;\n(d) not, except in exceptional circumstances, grant a work permit to a person\nwishing to enter into self employment as a professional employee; and\n(e)\nnot grant a work permit to a professional employee unless \u2014\n(i)\nthe appropriate authority has satisfied the Board that the applicant\nhas applied for and been granted registration or such other approval,\nconsent or permission as may be required under the relevant law, as\na practitioner in his field; and\n(ii) he is legally and ordinarily resident in the Islands or intends to be so\nlegally and ordinarily resident.\n46A. Restricted areas of employment\n46A. (1) The Cabinet may, by Order, designate certain professions, trades, businesses,\noccupations, vocations and types of employment, as restricted areas of\nemployment for the purposes of section 41(2) but an Order made under this\nsubsection has no effect unless it is subsequently ratified by the Legislative\nAssembly.\n(2) The Work Permit Board, the Business Staffing Plan Board or the Cayman\nBrac and Little Cayman Immigration Board, as the case may be, shall in\nrespect of restricted areas of employment, grant or renew work permits in\naccordance with a quota to be fixed by the Cabinet, which quota shall be\ngazetted.\n47.\nEmployers in need of domestic helpers\n47. The Board or the Chief Immigration Officer, as the case may be, shall give priority\nto employers who show a special need for work permits for domestic helpers.\n48.\nGrant or refusal of work permit\n48. (1) Subject to section 52, the Board or the Chief Immigration Officer in\nconsidering an application under section 42 may \u2014\n(a)\nrefuse an application for a work permit; or\n(b) grant such an application with or without limitations or conditions.\n(2) Subject to section 52, on the grant or renewal of an application under\nsection 42, the work permit applied for shall be issued in the prescribed form\nfor such period of up to three years generally, as the Board or the Chief\nImmigration Officer may determine, save that the Board or the Chief\nImmigration Officer, may grant a work permit for a period of up to \u2014\n\nImmigration Law (2015 Revision)\nSection 48\n\nc\nRevised as at 2nd day of July, 2015\nPage 65\n\n(a)\nfive years to domestic helpers, teachers, doctors, nurses and ministers of\nreligion;\n(b) five years to workers for positions authorised by the Board in a Business\nStaffing Plan Certificate;\n(c)\nfive years to a director, officer or employee of a special economic zone\ndeveloper or special economic zone enterprise operating in a special\neconomic zone for which a career development bureau has been\nestablished; and\n(d) any period remaining in his term limit in the case of a worker who has a\nten year term limit which took effect prior to the commencement of the\nImmigration (Amendment) (No. 2) Law, 2013 [Law 23 of 2013],\nand the work permit shall be endorsed with particulars of the conditions and\nlimitations, if any, imposed by the Board or the Chief Immigration Officer on\nthe grant or renewal.\n(3) Upon granting an application under section 42 with respect to a worker of\neighteen years of age or older, the Board or the Chief Immigration Officer\nshall cause to be taken and retained electronically, the worker\u2019s fingerprints.\n(4) Neither the Board nor the Chief Immigration Officer shall, except in\nexceptional circumstances, grant a work permit to a person wishing to enter\nself-employment.\n(5) The granting under this section of a self-employed work permit shall confer on\nthe applicant therefor the right to be granted, on the payment of the prescribed\nfee under the Trade and Business Licensing Law (2007 Revision), any licence\nrequired under that Law for the carrying on of the gainful occupation\nauthorised by the work permit, but such grant shall not of itself confer any\nright to a licence under the Local Companies (Control) Law (2007 Revision).\n(6) The work permit shall contain the names of any dependants of the employee in\nrespect of whom permission to reside with him during the currency of the\nwork permit has been granted by the Board or the Chief Immigration Officer.\n(7) The Board or the Chief Immigration Officer may vary or modify the terms of a\nwork permit upon application made by the employer or the worker and, in\nconsidering such application, shall take into account the applicable provisions\nof section 44 (2) to (4).\n(8) Where a work permit is granted in respect of the gainful occupation of a\nperson, the earlier gainful occupation of whom had been authorised by a\nprevious work permit, such grant shall not give rise to any right to, or any\nexpectation of a right to, any further new work permit thereafter, and the\nBoard or the Chief Immigration Officer may, in any case, refuse an application\nfor such further new work permit without any right arising to the applicant\nconcerned to appeal against such refusal either to the Immigration Appeals\n\nSection 48\nImmigration Law\n\nPage 66\nRevised as at 2nd day of July, 2015\nc\n\nTribunal or the Grand Court on the grounds that the previous grant gave rise to\nany right or expectation of any right to a further work permit.\n(9) Where a person has been continuously authorised by a gainful occupation\nlicence or a temporary gainful occupation licence granted under any earlier\nlaw, or a work permit, to be gainfully employed and by virtue of such\nauthorisations he or any other person has been lawfully legally and ordinarily\nresident in the Islands for any period which is one of the qualifications for\napplication for a grant of the right to be Caymanian or the right permanently to\nreside in the Islands, such residence shall not of itself give rise to any right or\nexpectation of a right to such a grant.\n(10) An application for the grant or renewal of a work permit may be refused and a\nwork permit may be revoked by the Board or the Chief Immigration Officer on\nany of the following grounds \u2014\n(a)\nthat there is refusal or inability on the part of the applicant and his\nspouse, if relevant, to properly support his dependants;\n(b) that there are reasonable grounds for suspecting that the applicant uses or\nis involved in illegal drugs;\n(c)\nthat the applicant has a background of subversive political activity,\nracism or any illegal activity;\n(d) that the applicant has committed an act of insolvency or bankruptcy or\nbeen as a shareholder or director of any company or other entity that has\nbeen the subject of liquidation especially where the creditors have been\nadversely affected;\n(e)\nthat the applicant has been convicted of an offence in the Islands or\nelsewhere or has been fined by an immigration officer of the rank of\nAssistant Chief Immigration Officer or above;\n(f)\nthat the work permit holder has been promoted or re-designated by his\nemployer without the prior approval of the Board or the Chief\nImmigration Officer;\n(g) that the applicant is in the Islands as a tourist visitor or as the holder of a\nvisitor\u2019s work visa;\n(h) that the Board or the Chief Immigration Officer considers that the\napplicant has not fully met any of the applicable requirements of\nsection 44;\n(i)\nfor any of the applicable matters referred to in section 44(2) to (4) that\nthe Board or the Chief Immigration Officer in its discretion considers\nappropriate;\n(j)\nthat, in respect of an application for a temporary work permit, the Chief\nImmigration Officer is of the opinion that the number or frequency of\ntemporary work permits previously obtained or continuing to be sought\n\nImmigration Law (2015 Revision)\nSection 49\n\nc\nRevised as at 2nd day of July, 2015\nPage 67\n\nin respect of a worker suggests more than temporary employment and\nconstitutes a deliberate attempt to circumvent the operations of the\nprovisions of section 52(1) and (14); or\n(k) that the applicant failed to give the written undertaking referred to in\nsection 42(4)(b).\n(11) Prior to the revocation of, or refusal to renew, a work permit \u2014\n(a)\nall objections shall be considered;\n(b) the applicant shall be given notice of all objections and allegations\nrelating to him and he shall be afforded an opportunity to make written\nrepresentation to the Board in respect thereof or, at the discretion of the\nBoard, to appear before the Board to address such objections and\nallegations;\n(c)\nan inquiry shall be made into the applicant; and\n(d) all allegations that are taken into account in considering the application\nshall so far as reasonably practicable be corroborated and a full\ninvestigation of such allegations shall so far as reasonably practicable, be\ncarried out.\n\n49.\nKey employees\n49. (1) Any application for key employee designation received prior to the\ncommencement of the Immigration (Amendment) (No. 2) Law, 2013\n[Law 23 of 2013], shall be determined in accordance with this section.\n(2) Where applicable, the worker nominated by his employer under this section to\nbe a key employee may, upon the expiration of his final work permit issued\nunder section 52(1), continue to work on the terms and conditions of his final\nwork permit unless and until such time as the Board denies his employer\u2019s\napplication to designate the worker as a key employee under subsection (4).\n(3) Repealed by section 32 of [Law 23 of 2013]\n(4) Before the Board or the Chief Immigration Officer can designate a worker as a\nkey employee, the employer shall, at the time of such application, provide\nsuch particulars as to satisfy the Board or the Chief Immigration Officer that\nthe worker fulfils one or more of the following requirements and if so satisfied\nthe Board or the Chief Immigration Officer may designate the worker as a key\nemployee after taking into account such particulars, if any, under section 44(3)\nor (4) as relate to the application \u2014\n(a)\nhe is recognised as having particular expertise in his field of practice,\ntrade or employment and the Board or the Chief Immigration Officer\nrecognises that there is difficulty in attracting such persons to the Islands\nor retaining such persons within the Islands;\n\nSection 50\nImmigration Law\n\nPage 68\nRevised as at 2nd day of July, 2015\nc\n\n(b) he is or will be directly involved in training Caymanians or developing\ntheir skills in the field in which he is employed or practises and his\nexpertise in this regard is important to the effective continuation of such\ntraining or development;\n(c)\nhe is a professional employee whose expertise and skills are in short\nsupply globally and are not available in adequate measure in the Islands\nand it is of economic and social benefit to the business or the Islands to\nattract such skills to the Islands;\n(d) his absence from the Islands will cause serious hardship to his employer,\nto Caymanians, or be detrimental to the Islands;\n(e)\nhis business contacts are, or will be, of importance to the continued\nsuccess of the business or its contribution to the Islands;\n(f)\nthere exist other economic or social benefits to the Islands by virtue of\nsecuring or retaining his specialist skills or expertise; or\n(g) the circumstances of his particular case are considered by the Board or\nthe Chief Immigration Officer to be exceptional and to justify a special\nreason to employ him or to allow him to be designated as a key\nemployee.\n(5) Where a worker is designated as a key employee by the Board or the Chief\nImmigration Officer pursuant to subsection (4), upon application by his\nemployer for renewal of his work permit, a presumption shall exist in favour\nof renewals until that worker has reached his term limit save that such a\npresumption may be rebutted \u2014\n(a)\nby any findings under section 44(4)(a), or section 48(9) and (10); or\n(b) where the key employee is in breach of any obligation placed upon him\nby his employer for the purposes of being designated as a key employee\nor he no longer meets the criteria upon which he was so designated as a\nkey employee.\n(6) Repealed by section 32 of [Law 23 of 2013]\n(7) Notwithstanding section 15, any decision of the Board or the Chief\nImmigration Officer under subsection (4) to deny the designation of an\nemployee as a key employee shall be final and binding and no appeal shall lie\nfrom a decision of the Board or the Chief Immigration Officer.\n(8) Repealed by section 32 of [Law 23 of 2013]\n50.\nChange of employer\n50. During the currency of a work permit, the holder of that permit may not change his\nemployer unless \u2014\n\nImmigration Law (2015 Revision)\nSection 51\n\nc\nRevised as at 2nd day of July, 2015\nPage 69\n\n(a)\nthe Board, including the Cayman Brac and Little Cayman Immigration\nBoard, or the Chief Immigration Officer believes there are special\ncircumstances; or\n(b) the circumstances of his employment are within a description or class of\ndescriptions specified in a direction made by the Cabinet.\n51.\nProhibition against unauthorised promotion or re-designation\n51. During the currency of a work permit, the holder of that permit may not be\npromoted or re-designated without having applied for and received the approval of\nthe Board or the Chief Immigration Officer, and the Board or the Chief Immigration\nOfficer in considering the application \u2014\n(a)\nshall be satisfied that the employer has complied with the requirements of\nthe Business Staffing Plan, if any; and\n(b) shall have regard to the effect that such promotion or re-designation\nwould have on the opportunity for advancement to that level of qualified\nCaymanians already engaged in the same profession or capacity within\nthat business enterprise.\n52.\nTerm limits\n52. (1) Subject to subsections (4), (6), (8), (10) and (11) the term limit of a worker\nshall be nine years, whether or not he is a key employee, in any case\ncommencing with \u2014\n(a)\nthe date on which the worker first entered the Islands, if the worker first\nentered the Islands as a work permit holder; or\n(b) the date on which the worker is granted a work permit, if the worker first\nentered the Islands as a tourist visitor,\nwhether such permits are granted and held continuously or not, and upon the\nexpiration of his term limit, the worker shall leave the Islands and neither the\nBoard nor the Chief Immigration Officer shall grant or renew a work permit\nfor him until he has ceased to hold a work permit for not less than one year\nafter he has left the Islands.\n(2) A worker who leaves the Islands before the expiration of his term limit and\nwho has ceased to hold a work permit for not less than one year, may apply for\nand be granted a new work permit and shall thereupon have a new term limit\nas provided for in subsection (1).\n(3) Where a worker has left the Islands prior to the expiration of his term limit and\nhas ceased to hold a work permit but either he or his employer wishes to apply\nfor a new work permit prior to his having ceased to hold a work permit for one\nyear or more, then the worker or his employer may apply for and be granted\nnew work permits but his term limit shall remain as if his employment had not\nbeen interrupted, save that should he return after the commencement of the\n\nSection 52\nImmigration Law\n\nPage 70\nRevised as at 2nd day of July, 2015\nc\n\nImmigration (Amendment) (No. 2) Law, 2013[Law 23 of 2013]  his term limit\nshall be as stated in subsection (1) and, upon the expiration of such term limit,\nhe shall be subject to the provisions of subsection (1) unless he is allowed to\nremain under some other provision of the Law.\n(4) Subject to subsection (5), where a person is eligible to apply and has applied\nfor permission to reside permanently in the Islands under section 30 during the\ncurrency of a work permit, a Term Limit Exemption Permit or whilst working\nby operation of law under section 52A(11) he may apply to the Chief\nImmigration Officer for permission \u2014\n(a)\nto continue working on the same terms that applied to the work permit,\nthe Term Limit Exemption Permit or those that applied to his working by\noperation of law; or\n(b) to work for a different employer but in the same occupation as that in\nwhich he was authorised to work at the time of making the application,\nand such permission may be granted or renewed until such time as his\napplication or any appeal arising from it is determined.\n(5) Any permission granted under subsection (4) may be varied by the Chief\nImmigration Officer to add or remove a dependant or may be revoked on any\nof the grounds listed under section 48(10).\n(6) A person who intends to work by operation of law under section 49(2) or 52A\n(11) shall first submit, or cause to be submitted, his passport to the\nImmigration Department and his employer shall pay annually all fees that\nwould have been paid in respect of the person had he continued to be\nemployed on a work permit and thereupon his passport shall be endorsed\nacknowledging him to be working by operation of law.\n(7) A person who fails to comply with subsection (6) commits an offence.\n(8) A person working under permission granted under subsection (4) shall, in the\nevent that his application for permission to reside permanently in the Islands\nhas been unsuccessful and no appeal has been filed within the time allowed for\ndoing so or having been filed has been unsuccessful and all further appeals\nhave been exhausted and in either event his term limit has expired, be entitled\nto continue receiving permission under subsection (4) for a period not\nexceeding ninety days from the date of the communication to him of such\nrefusal or the determination of any appeal or proceedings arising therefrom,\nwhichever shall be the later, and after such period expires he shall leave the\nIslands and neither the Board nor the Chief Immigration Officer shall issue or\nrenew a work permit for him until he has ceased to hold a work permit for not\nless than one year thereafter.\n(9) A person who, as an approved dependant, accompanies to the Islands a worker\nor employee \u2014\n\nImmigration Law (2015 Revision)\nSection 52\n\nc\nRevised as at 2nd day of July, 2015\nPage 71\n\n(a)\nof the Government of the Islands; or\n(b) of the Government of the United Kingdom, in the Islands,\nmay himself become a worker but his term limit shall be deemed to have\ncommenced on the date on which he was first within the Islands as an\napproved dependant and he shall be thereafter subject to the provisions of this\nsection as if he had first entered the Islands as a worker.\n(10) A person \u2014\n(a)\nwho is married to \u2014\n(i)\na worker;\n(ii) a person employed by the Government of the Islands;\n(iii) a person employed by the Government of the United Kingdom, in\nthe Islands;\n(iv) a person employed by any statutory authority or Government owned\ncompany, the employees of which are by law not required to hold\nwork permits; or\n(v) a person who is working by operation of law under section 49(2) or\n52A(11), or with the permission granted under subsection (4) or (8),\nand whose right to work in the Islands will expire before that of his spouse;\n(b) whose marriage is in the opinion of the Board or the Chief Immigration\nOfficer not a marriage of convenience;\n(c)\nwho is not living apart from his spouse under a decree of a competent\ncourt or under a deed of separation; and\n(d) who has not lived apart from his spouse for an aggregate period of three\nmonths out of the twelve months immediately preceding the application\nfor the grant in circumstances which, in the opinion of the Board or the\nChief Immigration Officer, have led it to conclude that the marriage has\nbroken down,\nmay, during the currency of the spouse\u2019s work permit or contract of\nemployment with the Government of the Islands or with the Government of\nthe United Kingdom in the Islands or in the period during which his spouse is\nworking by operation of law under section 49(2), 52A(12) or with permission\ngranted under subsection (4) or (8), apply for the grant of a work permit or the\nrenewal of an existing work permit; and the Board or the Chief Immigration\nOfficer may grant the application for a period not exceeding that of the\nspouse\u2019s work permit or any renewal thereof or of his contract of employment\nas aforesaid or of the period for which his spouse is working by operation of\nlaw or under permission granted under subsection (4) or (8).\n(11) A person working under subsection (10) whose spouse is granted permanent\nresidence under section 30 and who has applied for a Residency and\n\nSection 52\nImmigration Law\n\nPage 72\nRevised as at 2nd day of July, 2015\nc\n\nEmployment Rights Certificate as the spouse of a permanent resident under\nsection 30(16) will not lose his right to work and may continue to be granted\nwork permits until the final determination of his application where that\napplication was submitted within ninety days of the grant of his spouse\u2019s\npermanent residence.\n(12) Where a work permit has been granted to a worker under subsection (10) and\nhis spouse ceases to have the right to work and is required to leave the Islands,\nthe work permit granted shall automatically terminate on the date on which his\nspouse ceases to have the right to work and the worker shall himself leave the\nIslands and not be entitled to the grant or renewal of any further work permits\nuntil he has ceased to hold a work permit for not less than one year after he has\nleft the Islands.\n(13) The Board or the Chief Immigration Officer, in calculating under\nsubsection (10)(d), the period of time that an applicant has spent apart from his\nspouse, shall not take into account those occasions when either spouse\u2019s\nabsences were because of medical, educational, business, vacation or other\nanalogous circumstances.\n(14) On the grant or renewal of a work permit, the Board or the Chief Immigration\nOfficer shall notify the worker and his employer of the worker\u2019s term limit and\nits expiration date for the purposes of this Law.\n(15) For the avoidance of doubt, subsection (1) does not apply to a person who had\nand continues to have, his normal place of work and abode for the time being\noutside the Islands and who enters the Islands to work on a temporary work\npermit for a specific purpose or occasion only and leaves the Islands at the\nconclusion thereof or upon the expiration of the temporary work permit,\nwhichever first occurs, including \u2014\n(a)\nlegal counsel acting in any matter whether before a court in the Islands or\notherwise;\n(b) visiting doctors or other specialists in the medical field;\n(c)\nskilled specialist tradesmen;\n(d) travelling salesmen; or\n(e)\nother persons in similar circumstances.\n(16) For the avoidance of doubt a worker who was subject to a term limit of seven\nyears and who left the Islands upon the expiry of such term limit prior to the\ncommencement of the Immigration (Amendment)(No. 2) Law, 2013 without\napplying for any right contained in this Law to remain beyond the expiry of his\nterm limit, shall not be entitled to return to the Islands and hold any further\nwork permits on the basis of the term limit now provided for under\nsubsection (1) until he has completed a break in stay of at least one year from\nthe date of his departure.\n\nImmigration Law (2015 Revision)\nSection 52A\n\nc\nRevised as at 2nd day of July, 2015\nPage 73\n\n(17) Subsection (16) does not apply to a person who, prior to the commencement of\nthe Immigration (Amendment) (No. 2) Law, 2013 was a key employee\nand who \u2014\n(a)\nceased to be a key employee after the end of his seventh year but before\nbecoming eligible to apply for the right to reside permanently under\nsection 30; and\n(b) at the commencement of that Law was no longer residing in the Islands.\n52A. Term Limit Exemption Permit\n52A. (1) Notwithstanding section 52 and subject to the provisions of this section an\nemployer or prospective employer may, in respect of any person \u2014\n(a)\nwhose final work permit expired after the appointed date and who had\nnot applied for permanent residence prior to such expiry; or\n(b) who, at the appointed date is working by operation of law having applied\nfor key employee designation and such application is subsequently\nrefused,\napply to the Work Permit Board, the Business Staffing Plan Board or the Chief\nImmigration Officer, as the case may be, for the grant of a Term Limit\nExemption Permit.\n(2) In considering an application for the grant or renewal of a Term Limit\nExemption Permit the relevant Board or the Chief Immigration Officer, as the\ncase may be, shall have regard to the provisions of section 44.\n(3) A Term Limit Exemption Permit granted under this section shall be for a\nperiod of one year from the appointed date and may be renewed upon\napplication for a further period not exceeding the cut-off date.\n(4) Repealed by section 35 of [Law 23 of 2013]\n(5) A Term Limit Exemption Permit granted under this section may be granted for\nemployment with any employer.\n(6) Repealed by section 35 of [Law 23 of 2013]\n(7) An application for the grant of a Term Limit Exemption Permit may be\nrefused, and a Term Limit Exemption Permit may be revoked in the same\nmanner and on the same grounds as are applicable in the case of the refusal or\nrevocation of a work permit.\n(8) Where a worker\u2019s Term Limit Exemption Permit has been revoked within six\nmonths of its issue, the employer shall be entitled to a refund of fifty percent\nof the annual fee.\n(9) A person aggrieved by, or dissatisfied with, the decision of the Board or the\nChief Immigration Officer, as the case may be, in respect of a Term Limit\n\nSection 53\nImmigration Law\n\nPage 74\nRevised as at 2nd day of July, 2015\nc\n\nExemption Permit may appeal to the Immigration Appeals Tribunal in\naccordance with section 15.\n(10) Where an application \u2014\n(a)\nfor the renewal of a Term Limit Exemption Permit is submitted prior to\nits expiry; or\n(b) for the grant of a Term Limit Exemption Permit (where such application\nwas submitted prior to the expiry of the worker\u2019s final work permit and is\nfor continued employment with the same employer) or the renewal of a\nTerm Limit Exemption Permit was refused and an appeal was lodged\nwith the Immigration Appeals Tribunal in accordance with section 15,\nthe worker is authorised to continue to be employed on the same terms and\nconditions as applied to the final work permit or the Term Limit Exemption\nPermit pending the outcome of the application and any subsequent appeal\nagainst a refusal of that application, but such authorisation shall terminate\nautomatically at the cut-off date.\n(11) The holder of a Term Limit Exemption Permit on the cut-off date may\ncontinue to work by operation of law on the same terms and conditions until\n9th December, 2013, but prior to doing so he shall comply with the\nrequirements of section 52(6).\n(12) Where the employer of the holder of a Term Limit Exemption Permit applies\nfor the grant of a work permit in respect of that worker prior to the expiry of\nthe Term Limit Exemption Permit on the cut-off date or while the worker is\nworking by operation of law under subsection (11) the worker shall be entitled\nto continue working on the same terms and conditions as applied to his term\nLimit Exemption Permit until the outcome of his application and any\nsubsequent appeal.\n53.\nTemporary work permit\n53. (1) The Chief Immigration Officer or his designate appointed under section 42\nmay on application in the prescribed form, accompanied by such documentary\nevidence as may be prescribed, by or on behalf of a person who desires to\nenter and remain in the Islands temporarily for the purposes of gainful\noccupation \u2014\n(a)\ngrant to such person a temporary work permit in the prescribed form\nupon payment of the prescribed fee;\n(b) vary or modify the terms of such permit upon payment of the\nprescribed fee;\n(c)\nrefuse the application for the permit; or\n(d) revoke a temporary work permit so granted.\n(2) A work permit granted under subsection (1) may be either \u2014\n\nImmigration Law (2015 Revision)\nSection 53\n\nc\nRevised as at 2nd day of July, 2015\nPage 75\n\n(a)\na temporary work permit, for a continuous period of up to six months\nwhich may, if granted for a period of less than six months, be renewed so\nlong as the total period of validity does not exceed six months; or\n(b) a temporary work permit, for a seasonal worker for a continuous period\nof eight months and such permit cannot be extended or renewed, nor may\na work permit be issued with respect to the same worker unless that\nperson has left the Islands for at least three months immediately\nfollowing the expiry of the temporary work permit for a seasonal worker.\n(3) In order to determine whether an application under this section should be\ngranted or refused or a temporary work permit revoked, the Chief Immigration\nOfficer shall have regard to the criteria enumerated in sections 44(2)(a), (3)\nand (4) and 48(9), with the necessary modifications.\n(4) Subject to subsection (5), no application for the grant of a temporary work\npermit in respect of a person who gained entry as a visitor shall be \u2014\n(a)\nconsidered, unless the application was submitted after the visitor\u2019s\ndeparture from the Islands; or\n(b) approved, unless the visitor remained off the Islands during the\nprocessing of the application.\n(5) Notwithstanding subsection (4), where, in his opinion, there exist extenuating\ncircumstances, the Chief Immigration Officer acting in person may approve\nthe application.\n(6) It shall be the duty of the prospective employer or, where the application is in\nrespect of a person who wishes to be self-employed, the applicant, to satisfy\nthe Chief Immigration Officer that there has been compliance with\nparagraphs (a) and (b) of subsection (4).\n(7) A prospective employer or an applicant who provides information to the Chief\nImmigration Officer in relation to subsection (6), which information he knows\nto be false or does not believe to be true, commits an offence.\n(8) Where the application under subsection (1) is to engage in work as an\nentertainer, the Chief Immigration Officer or his designate, in addition to\ncomplying with subsection (3), shall, where appropriate, take into account \u2014\n(a)\nthe genuineness of the application;\n(b) the nature and content of the proposed performance;\n(c)\nthe views of the Cayman National Cultural Foundation;\n(d) the views of the Cayman Islands Music Association; and\n(e)\nwhether a local artist or act has been engaged to participate in the event.\n(9) For the purposes of this section \u2014\n\u201centertainer\u201d includes \u2014\n\nSection 54\nImmigration Law\n\nPage 76\nRevised as at 2nd day of July, 2015\nc\n\n(a)\na person performing musical acts individually or as part of an orchestra;\n(b) a singer, disc jockey or comic; and\n(c)\na circus or carnival performer.\n54.\nBusiness visitors\u2019 permit\n54. (1) Any person duly carrying on business in or from within the Islands who\nregularly throughout each year employs persons not legally and ordinarily\nresident in the Islands on a temporary basis, may make a single application in\neach calendar year to the Chief Immigration Officer for the issue, in each\ncalendar year, of one or more business visitors\u2019 permits and for more than one\nvisit.\n(2) An application for business visitors\u2019 permits shall be in respect of such number\nof persons and visits as the company, partnership or firm wishes to have\ngranted and shall contain, in respect of each such person, such information as\nmay be prescribed.\n(3) An application shall state the maximum number of times it is desired that each\nbusiness visitor be admitted to the Islands in such year, his occupation and the\nmaximum duration of the stay of each such business visitor during each visit.\n(4) No business visitors\u2019 permit shall be issued for more than fourteen days on any\none visit or in respect of a person who is ineligible to be granted a work permit\nby virtue of section 52(1).\n(5) The Chief Immigration Officer, in considering an application under this\nsection, shall take into account such of the matters set out in section 44(2)\nto (4) as he considers relevant and, when granting business visitors\u2019 permits,\nmay impose such conditions and limitations as he thinks fit.\n(6) The annual fee, in respect of such business visitors\u2019 permits, shall be such as\nmay be laid down by regulations and shall be determined by the number of\npersons in respect of whom application is made and the number of visits per\nperson in the relevant calendar year.\n54A. Visitor\u2019s Work Visa\n54A. (1) A person, except a professional employee, other than a person who is\nineligible for the grant of a work permit by virtue of section 52(1), who \u2014\n(a)\nis employed full time by a company, individual or institution outside the\nIslands;\n(b) is coming to the Islands for up to five calendar days for the purpose of\nengaging in commercial activity with one or more persons or entities\nlicensed to trade in the Islands under the Trade and Business Licensing\nLaw (2007 Revision) or any other law;\n\nImmigration Law (2015 Revision)\nSection 54A\n\nc\nRevised as at 2nd day of July, 2015\nPage 77\n\n(c)\nwould otherwise require a work permit for the activity referred to in\nparagraph (b); and\n(d) is being sponsored in accordance with paragraph (b),\nmay apply to an immigration officer upon arrival at a port of entry for the\ngrant of a visitor\u2019s work visa.\n(2) An immigration officer of the rank of Senior Immigration Officer or above,\nupon being satisfied that the applicant under subsection (1) \u2014\n(a)\nis formally sponsored by one or more persons or entities licensed to trade\nin the Islands under the Trade and Business Licensing Law (2007\nRevision) or any other law by virtue of a letter or letters (in the event that\nthe applicant is conducting business with more than one local entity) of\nsponsorship in the prescribed form having been received by the\nImmigration Department prior to his arrival at the port of entry;\n(b) possesses a valid entry visa, if required;\n(c)\nis not a prohibited immigrant; and\n(d) has paid the prescribed non-refundable fee,\nmay approve the grant of a visitor\u2019s work visa valid for five calendar days.\n(3) A person granted a visitor\u2019s work visa under this section shall be entitled to\nengage in commercial activity only with his sponsor or sponsors.\n(4) An application under subsection (1) may be refused on the ground that \u2014\n(a)\nthe applicant is required to have and does not possess a valid entry visa;\n(b) no letter or letters of sponsorship in the required form have been received\nby the Immigration Department in respect of the applicant;\n(c)\nthe applicant is a prohibited immigrant;\n(d) in the opinion of the immigration officer the sponsorship of the applicant\nis not genuine; or\n(e)\nin the opinion of the immigration officer the applicant\u2019s presence in the\nIslands is not conducive to the public good.\n(5) A visitor\u2019s work visa issued under this section shall not be extended or\nrenewed unless the Chief Immigration Officer is satisfied that there are\nexceptional circumstances and only then for a further five calendar days after\nwhich the holder shall leave the Islands unless authorised to remain under any\nother section of this Law.\n(6) A person may not hold more than one visitor\u2019s work visa for the same sponsor\nor sponsors in the same calendar month.\n\nSection 55\nImmigration Law\n\nPage 78\nRevised as at 2nd day of July, 2015\nc\n\n55.\nWork permit fees\n55. (1) An application for a work permit shall be accompanied by the work permit fee\nand the application fee, which fees shall be paid into General Revenue; but,\nwhere the application is unsuccessful, the notification of refusal shall be\naccompanied by an authorisation for a refund of the work permit fee to the\napplicant.\n(2) Subsection (1) notwithstanding, no fee shall be charged in respect of a work\npermit authorising the gainful occupation of \u2014\n(a)\nchildren and young persons under the age of eighteen; or\n(b) such other class or classes of persons as may be prescribed from time\nto time.\n(3) Where a work permit authorises the gainful occupation of a worker while he is\nin the service of an employer, any fees payable under subsection (1) in respect\nof such work permit, or any prescribed security in respect of the entry of that\nworker into the Islands, shall be paid by the employer, and it shall be an\noffence for an employer \u2014\n(a)\nto seek or receive from any such worker any moneys or other\ncompensation or benefit as reimbursement of, or contribution towards; or\n(b) to make any deduction from any remuneration due by him to any worker\non account of, or in respect of,\nthose fees or that security.\n(4) A person who contravenes subsection (3) commits an offence.\n56.\nOffence to engage in gainful occupation or to employ persons in\ncontravention of this Part\n56. (1) Subject to subsection (3), a person who, in contravention of this Part, engages\nin gainful occupation or fails to comply with any condition or limitation\ncontained in a work permit commits an offence and is liable on summary\nconviction in respect of a first offence to a fine of five thousand dollars and to\nimprisonment for one year and in respect of a second or subsequent offence to\na fine of ten thousand dollars and to imprisonment for two years.\n(2) Where an offence is committed under this Law, any Immigration Officer at or\nabove the rank of Deputy Chief Immigration Officer may, subject to such\nconditions as he thinks fit, stay or compound any proceeding for that offence;\nand the said conditions may include, but are not limited to, payment of a levy,\nbeing not less than twice and not more than five times the amount of any fees\nthat would have been payable had the provisions of this Law been observed;\nand in the event that no fees are payable or would have been payable under\nthis Law, any immigration officer at or above the rank of Deputy Chief\nImmigration Officer may impose a fine of up to five thousand dollars.\n\nImmigration Law (2015 Revision)\nSection 56\n\nc\nRevised as at 2nd day of July, 2015\nPage 79\n\n(3) Subject to subsection (3A), where during the currency of a work permit an\napplication has been made to the Board or the Chief Immigration Officer for\nthe grant or renewal of a work permit with the same employer for a period to\ncommence immediately upon its expiration, then if such application \u2014\n(a)\nhas not yet been determined by the Board or the Chief Immigration\nOfficer; or\n(b) has been refused by the Board or the Chief Immigration Officer and that\nrefusal has been appealed under section 15 to the Immigration Appeals\nTribunal,\nnotwithstanding the fact that the original work permit has expired, it shall not\nbe an offence for the worker to continue to be engaged in gainful occupation\nof the same kind and on the same terms and conditions of the original work\npermit while he awaits a notification of the determination of his application or\nhis appeal, save that no worker shall be entitled to work under the provisions\nof this subsection beyond the date of his term limit unless he is a worker\napplying under the provisions of section 52(10).\n(3A) Paragraph (b) of subsection (3) shall not apply where the original work permit\nwas a temporary work permit unless the application for the grant of a work\npermit was made before the commencement of the Immigration (Amendment)\n(No. 2) Law, 2013.\n(4) Where an application has been made to the Board, or the Chief Immigration\nOfficer for a work permit and the application is refused or cancelled, then the\nemployer is liable to pay the following fees in respect of any period worked by\nthe worker between the expiration date of his previous work permit and the\ndate of refusal or cancellation, namely \u2014\n(a)\nwhere the period is six months or less the amount payable shall be half\nthe annual fee that would have been paid had the work permit been\napproved;\n(b) where the period is more than six months but not more than twelve\nmonths the amount payable shall be the annual fee that would have been\npaid had the work permit been approved; and\n(c)\nwhere the refusal is appealed, the amount payable shall be the equivalent\nof half the annual fee for every six month period or part thereof worked\nby the worker pending the outcome of his appeal commencing upon the\nexpiration of the six month period being worked at the time notice of\nappeal is filed.\n(5) A person who employs another in contravention of this Law or in\ncontravention of any condition or limitation contained in a permit commits an\noffence and is liable on summary conviction in respect of a first offence to a\nfine of twenty thousand dollars and to imprisonment for one year and in\n\nSection 56\nImmigration Law\n\nPage 80\nRevised as at 2nd day of July, 2015\nc\n\nrespect of a second or subsequent offence to a fine of thirty thousand dollars\nand to imprisonment for two years.\n(6) It is a defence for a person charged with an offence under this section to prove\nthat he had made reasonable enquiries to determine whether he was in\ncontravention of this Part, and had no reasonable ground for believing, and did\nnot in fact believe that he was in such contravention.\n(7) For the purposes of subsection (4), a defendant who is charged with an offence\nunder this section shall be deemed not to have made reasonable enquiries and\nnot to have had reasonable grounds for believing that he was not in\ncontravention of this Part unless he \u2014\n(a)\nhad inspected the work permit or permission to remain in the Islands,\nissued to the person concerned;\n(b) had checked the work permit or the permission-to-remain stamp in the\npassport of the person concerned to ensure that the particulars materially\ncorresponded with those set out in the work permit or the permission to\nremain; and\n(c)\nhad checked with \u2014\n(i)\na named employee of the Immigration Department to determine that\nthe work permit or permission to remain was valid at the material\ntime and that the person concerned was not, and would not be, in\nbreach of this Law; or\n(ii) the employer to verify that the person concerned was employed by\nthe employer and that the particulars of the person concerned\ncorresponded with the records of the employer, where the name of\nthe employer of the person concerned was specified in the work\npermit.\n(8) For the purposes of this section, a person carrying on or employed in any\nprofession, trade, business or other avocation in or with relation to the Islands\nshall be deemed to do so for gain or reward until the contrary is proved.\n(9) A person who acts in contravention of this section, or is reasonably suspected\nof having so acted, may be taken into custody without warrant by an\nimmigration officer or constable.\n(10) Where an immigration officer is empowered to take a person into custody for\nan offence against this Law or on reasonable suspicion of having committed\nsuch an offence, the officer in charge of the place for the reception of arrested\npersons to which that person is brought, shall at once enquire into the case and\nif, on completion of the enquiry, there is no sufficient reason to believe that the\nperson has committed any offence, he shall be released forthwith by an officer\nof the rank of Assistant Chief Immigration Officer or above.\n\nImmigration Law (2015 Revision)\nSection 56A\n\nc\nRevised as at 2nd day of July, 2015\nPage 81\n\n(11) A person who, not being authorised to engage in gainful occupation, is found\nin the Islands, in any place of work, or on or within the vicinity of any place\nwhere work is in the process of being done or is intended to be done and at the\ntime has in his possession or under his control any article for use in the course\nof or in connection with any gainful occupation, without reasonable excuse,\nshall be deemed to have such article with him for the purpose of work in\nconnection with some gainful occupation unless the contrary is proved.\n(12) In this section \u2014\n\u201cplace of work\u201d includes any construction site, cleared land, woodland, field,\nprivate dwelling, commercial building, vessel or vehicle; and\n\u201carticle\u201d means any instrument used in or, reasonably suspected to be\nintended for use in connection with any gainful occupation, in a manner and in\nany place referred to in subsection (8).\n56A. Administrative fines and levies\n56A. (1) The Chief Immigration Officer shall keep and maintain a register of all\nadministrative fines and levies imposed under this Law in consequence of the\nbreach of any of its provisions.\n(2) The register shall contain particulars of \u2014\n(a)\nthe name and address of the person in breach;\n(b) the nature, location and date of the breach;\n(c)\nany measures taken by the Chief Immigration Officer in consequence of\nthe breach; and\n(d) the amount of the fine or levy imposed and the date on which it was paid.\n(3) The Chief Immigration Officer shall, within fourteen days of the end of each\nquarter, provide the Cabinet and the Director of Public Prosecutions with the\ninformation contained in the register in relation to that quarter.\nPART VI - Entry and Landing\n57.\nDiscretion of Chief Immigration Officer and duty of persons arriving in the\nIslands\n57. (1) The Chief Immigration Officer, in his discretion, shall determine which\narriving vessels are to be met by an immigration officer, and it is the duty of\nevery person in or on every vessel so met to report to an immigration officer.\n(2) Where an immigration officer boards the vessel before disembarkation the\nreport referred to in subsection (1) shall be made to that immigration officer,\nbut where no such immigration officer boards the vessel, the report shall be\nmade upon disembarking.\n\nSection 58\nImmigration Law\n\nPage 82\nRevised as at 2nd day of July, 2015\nc\n\n58.\nDuty of local agent of vessel to give notice of arrival\n58. (1) It is the duty of the local agent of every vessel arriving in the Islands to give\nadequate and timely notification of the arrival of the vessel to the Chief\nImmigration Officer or to any immigration officer designated by the Chief\nImmigration Officer in that behalf, and, if required, to furnish such particulars\nas he may then have in his possession regarding the passengers or crew on\nboard such vessel.\n         (2) A person who fails to comply with subsection (1), or with any requirement\nduly given thereunder, commits an offence.\n59.\nInward passenger and crew manifests\n59. (1) It is the duty of the master, the local agent or the captain of every vessel\narriving in the Islands, other than a recreational sport fishing vessel returning\nfrom a sports fishing expedition that took place beyond the Islands\u2019 territorial\nwaters, prior to the arrival of such vessel or as soon as practicable thereafter, to\ndeliver to an immigration officer lists showing separately the names and\nparticulars of \u2014\n(a)\nthe passengers on board the vessel;\n(b) the passengers whose intention it is to disembark at the Islands;\n(c)\nthe crew of the vessel; and\n(d) any other person on board the vessel.\n(1A) A recreational sports fishing vessel arriving in the Islands shall comply with\nthe prescribed arrival procedures.\n(2) Where the master or captain of the vessel transports to the Islands passengers\nor crew \u2014\n(a)\nwho are required to have a valid entry visa or proof of citizenship, and\nare not in possession of such documents; or\n(b) in respect of whom he provides false information in relation to his duty\nunder subsection (1) and subsection (1A),\nhe is liable to be fined by an Assistant Chief Immigration Officer or the\nDeputy Chief Immigration Officer, a sum not exceeding two thousand dollars.\n(3) A person aggrieved by or dissatisfied with a decision under this section may\nappeal to the Chief Immigration Officer.\n60.\nControl of landing from vessels\n60. (1) It is an offence for the master of a vessel to cause or allow a passenger or\nmember of the crew or other person on board the vessel to disembark in the\nIslands before permission generally to disembark has been given by an\nimmigration officer.\n\nImmigration Law (2015 Revision)\nSection 61\n\nc\nRevised as at 2nd day of July, 2015\nPage 83\n\n(2) A person who fails to comply with subsection (1) commits an offence.\n(3) It is a defence to a person charged with an offence under this section to prove\nthat such disembarkation took place in an emergency and was, at the earliest\ntime practicable, notified to an immigration officer.\n61.\nOutward passenger and crew manifests\n61. (1) It is the duty of the master, the local agent or the captain of every vessel\nleaving the Islands, other than a recreational sport fishing vessel departing the\nIslands on a fishing expedition beyond the Islands\u2019 territorial waters, unless\nexcused from doing so by the Chief Immigration Officer, to deliver to an\nimmigration officer, prior to departure of such vessel, lists showing separately\nthe names and particulars of \u2014\n(a)\nthe passengers on board the vessel;\n(b) the crew on board the vessel; and\n(c)\nany other person on board the vessel.\n(1A) A recreational sport fishing vessel shall, prior to departure on a fishing\nexpedition beyond the Islands\u2019 territorial waters, comply with the prescribed\ndeparture procedures.\n(2) A person who fails to comply with subsections (1) and (1A) commits an\noffence.\n62.\nGovernment vessels\n62. Sections 58, 59, 60 and 61 shall not apply to any Government controlled vessel, but\nthe master thereof shall furnish the Chief Immigration Officer with such particulars\nas he may require.\n63.\nCabinet may issue entry permit\n63. Notwithstanding anything contained in this Part, the Cabinet may issue a permit for\nthe landing of any person to the Islands, and such person shall be admitted\naccordingly upon such terms as may be specified in the said permit.\n64.\nTravel documents\n64. (1) Unless exempted by this Law, every person entering and leaving the Islands\nshall, if required to do so by an immigration officer, produce for inspection a\nrelevant passport or some other valid document establishing the identity and\nnationality or place of permanent residence of such person to the satisfaction\nof the immigration officer, and, in such cases as may be prescribed, a\nrelevant visa.\n(2) An application for a visa shall be in writing and accompanied by the\nprescribed fee.\n(3) Subject to his complying with the prescribed criteria \u2014\n\nSection 65\nImmigration Law\n\nPage 84\nRevised as at 2nd day of July, 2015\nc\n\n(a)\nan immigration officer not below the rank of Assistant Chief Immigration\nOfficer may \u2014\n(i)\napprove or refuse an application for a visa; and\n(ii) refuse permission for a person in possession of a current visa to\nenter the Islands; and\n(b) the Chief Immigration Officer acting in person may \u2014\n(i)\nrevoke a current visa; or\n(ii) waive the requirement for the production of a visa to land in the\nIslands.\n(4) A person who fails to comply with subsection (1) commits an offence.\n65.\nCertain persons deemed not to have landed in the Islands\n65. (1) The crew and passengers in transit in any vessel who do not leave the vessel or\nwho disembark onto and do not leave any place reserved for such crew and\npassengers in transit at any dock or airport, as the case may be, are deemed not\nto be persons landing in the Islands.\n(2) A person who is not, bona fide, a passenger in transit in a vessel or a member\nof the crew thereof shall be deemed to have landed in the Islands if he resides\nin a vessel, including a yacht or houseboat, within the territorial waters of the\nIslands.\n66.\nGeneral prohibition from landing in the Islands without specific permission\nof immigration officer\n66. Without prejudice to any of the succeeding provisions of this Law, it is an offence\nfor any person other than a person \u2014\n(a)\nwho is Caymanian; or\n(b) who is not a prohibited immigrant and satisfies an immigration officer\nthat he is \u2014\n(i)\nauthorised to carry on a gainful occupation under section 48, 53 ,54\nor 54A;\n(ii) a person named in a work permit as a dependant of the licensee;\n(iii) a person who is exempted under section 40 or a dependant of such a\nperson; or\n(iv) a person who has permission to reside or to remain permanently in\nthe Islands under Part IV,\nto land in the Islands, without, in each case, specific permission, with or\nwithout the imposition of conditions or limitations, being given by an\nimmigration officer.\n\nImmigration Law (2015 Revision)\nSection 67\n\nc\nRevised as at 2nd day of July, 2015\nPage 85\n\n67.\nEntry by persons other than Caymanians or persons legally and ordinarily\nresident\n67. (1) Persons other than those referred to in section 66, and who are not prohibited\nimmigrants, may be granted permission to land in the Islands as visitors for a\nperiod of up to six months, subject to extension, from time to time, for further\nperiods not exceeding six months on each occasion upon application made to\nthe Chief Immigration Officer in the prescribed manner.\n(2) In furtherance of section 20(1)(d) where documentary evidence is produced to\nthe Chief Immigration Officer to establish that a child is the child of a\nCaymanian, the child shall be allowed to enter, remain and attend school in the\nIslands.\n(3) Where the effect of such extension is that the person to whom permission is\ngranted will be permitted to remain for a period in excess of twelve months in\ntotal, upon such permission being granted the Chief Immigration Officer shall\nforthwith notify the Caymanian Status and Permanent Residency Board of\nsuch extension.\n(4) Any permission granted under subsection (1) or any extension thereof may, at\nany time, be revoked either by the Cabinet, or by the Chief Immigration\nOfficer acting in person.\n(5) Where a passenger is proven to have gained entry into the Islands by deception\nand is still physically within the confines of the immigration or customs\nprecincts, his permission to enter may be revoked by an immigration officer of\nthe rank of Assistant Chief Immigration Officer or above.\n(6) The Cabinet or the Chief Immigration Officer, so revoking under\nsubsection (4), shall cause to be served upon the person concerned notice of\nany such revocation in which shall be specified a time, not being more than\nfourteen days, within which such person shall be required to leave the Islands.\n(7) In the case of any child born in the Islands in such circumstances that it does\nnot acquire the right to be Caymanian at birth, such child shall be reported to\nthe Chief Immigration Officer as soon as practicable and shall thereafter be\nsubject to immigration control in a manner appropriate in all the circumstances\nand having regard to the immigration status of the parents or, in the case of a\nchild born out of wedlock, of the mother.\n(8) A dependant of a Caymanian may be granted permission to reside in the\nIslands for a period of up to three years, subject to extension, from time to\ntime, for further periods not exceeding three years on each occasion upon\napplication made to the Chief Immigration Officer in the prescribed manner.\n(9) In considering an application under subsection (8), the Chief Immigration\nOfficer shall satisfy himself \u2014\n(a)\nthat the applicant is a dependant of a Caymanian;\n\nSection 68\nImmigration Law\n\nPage 86\nRevised as at 2nd day of July, 2015\nc\n\n(b) as to the character and health of the dependant;\n(c)\nas to the ability of the Caymanian adequately to support the dependant;\n(d) that the dependant is covered by health insurance; and\n(e)\nas to such other matters as he shall consider relevant.\n(10) An application submitted under this section shall be accompanied by the\nprescribed administrative fee and the prescribed repatriation fee.\n(11) Any permission granted under subsection (8) or any extension thereof may, at\nany time, be revoked by the Chief Immigration Officer acting in his discretion.\n(12) In this section \u2014\n\u201cdependant\u201d, in relation to a Caymanian, means the Caymanian\u2019s parent,\ngrandparent, brother or sister being in each case, wholly or substantially\ndependent upon the Caymanian.\n68.\nRequirements to be satisfied by visitors\n68. (1) Before granting permission to any person under section 67, an immigration\nofficer may require such person to satisfy him that he is in possession of a paid\nup return ticket or ticket entitling such person and his dependants, if any, to\ntravel to such person\u2019s next destination outside the Islands, and is in\npossession of sufficient funds to maintain himself and his dependants, if any,\nduring the period of his stay in the Islands.\n(2) An immigration officer, in accordance with general or special directions of the\nCabinet or the Chief Immigration Officer, may attach such conditions or\nrestrictions as he may think fit to any permission granted to any person under\nsection 67, and the Cabinet, in respect of its own directions or those of the\nChief Immigration Officer, or the Chief Immigration Officer in respect of his\nown directions may, at any time, vary such conditions or restrictions in such\nmanner as he thinks fit.\n(3) Notwithstanding anything in subsection (1), an immigration officer may, as a\ncondition of granting permission to a person under section 67, require him to\npay such non-refundable repatriation fee as may be prescribed; and the Chief\nImmigration Officer, as a condition of granting a variation of any condition or\nrestriction attached to any such permission, may require him to pay such nonrefundable repatriation fee as may be prescribed.\n(4) A person who fails to comply with any condition or restriction imposed by this\nsection commits an offence.\n\nImmigration Law (2015 Revision)\nSection 69\n\nc\nRevised as at 2nd day of July, 2015\nPage 87\n\n69.\nProvisions relating to sponsors\n69. (1) A sponsor of a tourist visitor seeking permission to land in the Islands or\nseeking an extension of the permission may, at the discretion of an\nimmigration officer, be required to give an undertaking in writing to be\nresponsible for that tourist visitor\u2019s maintenance and accommodation during\nthe period of his stay in the Islands.\n(2) Where a sponsor has given an undertaking under subsection (1) in respect of\nany tourist visitor, the sponsor shall, within twenty-four hours of the expiration\nof the grant of permission, inform the Chief Immigration Officer in the\nprescribed manner of any failure by that tourist visitor to depart from the\nIslands on or before the expiration of the permission granted or any extension\nthereof.\n(3) A sponsor who acts in contravention of subsection (2) commits an offence.\n70.\nSafeguards regarding permission to land, etc.\n70. (1) Without prejudice to this Part, an immigration officer may examine any person\nwho has arrived in the Islands, including any transit passenger, member of the\ncrew of any vessel or other person not seeking to land in the Islands, for the\npurpose of determining \u2014\n(a)\nwhether he is, or is not, such a transit passenger, crew-member or other\nperson;\n(b) if he is not a Caymanian, whether he may, or may not, enter the Islands\nunder section 66; and\n(c)\nwhether, if he is not, he should be given permission to land in the Islands\nand for what period and under what conditions, or should be refused\npermission.\n(2) Where a person to whom subsection (1) refers, other than a person to whom\nsection 66 applies, is seeking to land in the Islands, an immigration officer\nmay require him to \u2014\n(a)\nprovide evidence of the good character of himself and his dependants;\n(b) undergo a medical examination or furnish a medical certificate in respect\nof himself and his dependants, if any, acceptable to the immigration\nofficer and with such particulars as the immigration officer may consider\nnecessary; and\n(c)\nfurnish such other particulars as may, in the opinion of the immigration\nofficer, be relevant to the application.\n\nSection 71\nImmigration Law\n\nPage 88\nRevised as at 2nd day of July, 2015\nc\n\n71.\nDisembarkation and embarkation cards\n71. (1) Subject to subsection (4), a person who, disembarking in or leaving the\nIslands, fails to complete and hand to an immigration officer, immediately on\narrival or departure, a disembarkation card or embarkation card, as the case\nmay be, in the prescribed form commits an offence.\n(2) It is the duty of the Chief Immigration Officer to cause records to be kept and\nmaintained of the entry of all persons into, and the departure of all persons\nfrom, the Islands.\n(3) Without prejudice to anything contained in the Evidence Law (2011 Revision),\nany such record shall be received in evidence in any court or in any tribunal in\nthe Islands as evidence, prima facie, of any entry or particular entered therein.\n(4) Subsection (1) does not apply to any person or category of persons specified in\nregulations as being exempt from the requirements of those regulations, and\nthe duty of the Chief Immigration Officer under subsection (2) shall not apply\nin respect of any person or category of persons so exempted.\n72.\nDetention of persons who have been refused permission to land, etc.\n72. (1) Under the authority of an immigration officer \u2014\n(a)\na person who may be required to submit to examination under\nsection 70(1), pending his examination and pending a decision to give or\nrefuse him permission to land;\n(b) a person to whom permission to land has been refused; or\n(c)\na prohibited immigrant on any vessel not intending or seeking permission\nto land,\nmay be temporarily detained at some place approved by the Cabinet for such\npurpose, and while so detained, shall be deemed to be in legal custody and not\nto have landed, and a person on board a vessel may, under the authority of an\nimmigration officer, be removed for detention under this subsection.\n(2) A person liable to detention or detained under subsection (1) may, with the\nleave of an immigration officer, be temporarily granted permission to land\nwithout being detained or, if detained under that subsection, may be released\nfrom detention pending a decision whether to grant him permission under\nsection 64, but this shall not prejudice a later exercise of the power to\ndetain him.\n(3) For so long as a person has been temporarily granted permission to land under\nsubsection (2), he shall be deemed not to have landed and shall be subject to\nsuch conditions as an immigration officer may determine.\n\nImmigration Law (2015 Revision)\nSection 73\n\nc\nRevised as at 2nd day of July, 2015\nPage 89\n\n73.\nDuty of master with respect to removal of person landing unlawfully where\npermission to land is refused\n73. (1) In any case where \u2014\n(a)\na person lands in the Islands in contravention of or without complying\nwith this Law; or\n(b) a person is refused permission to land,\nit is the duty of the master of the vessel in which such person arrived to receive\nhim on board the same vessel and take him away from the Islands, or if the\nvessel has already left or is delayed, then it is the duty of the master of any\nsubsequent vessel, owned or operated by the same company, departing from\nthe Islands, to receive him on board that vessel and take him away from the\nIslands or, with the approval of the Chief Immigration Officer, make other\nsuitable arrangements for his departure from the Islands.\n(2) A master of a vessel who fails or refuses to receive any such person and take\nhim away from the Islands as required by subsection (1) commits an offence.\n(3) Any such person may be detained by an immigration officer or constable in\nsuch manner and place as may be directed by the Cabinet until such person can\nbe received on board a vessel, and while so detained he shall be deemed to be\nin lawful custody and, in the case of a person refused permission to land, shall\nalso be deemed not to have landed.\n(4) The owner, operator, master and local agent of any vessel from which any\nsuch person landed as aforesaid shall be jointly and severally liable to the\nGovernor for all charges incurred in respect of the maintenance of such person\nwhile remaining in the Islands or of his subsequent repatriation, removal or\ndeportation from the Islands whether in the vessel from which the person was\nlanded or by some other carrier.\n(5) Subsections (1) to (4) apply not only to a person referred to in subsection (1)\nbut to the dependants of such person as well.\n74.\nRemoval of certain persons unlawfully in the Islands\n74. (1) A person who is not a Caymanian, a permanent resident, a work permit holder,\nnor the holder of a Residency and Employment Rights Certificate, a Residency\nCertificate for Persons of Independent Means or a student visa, may be\nremoved from the Islands, in accordance with directions given under this\nsection by an immigration officer not below the rank of Assistant Chief\nImmigration Officer, if \u2014\n(a)\nhaving been granted permission to enter or remain, the person does not\nobserve a condition attached to the permission or remains beyond the\ntime limited by the permission;\n(b) the person has obtained permission to enter or remain by deception; or\n\nSection 75\nImmigration Law\n\nPage 90\nRevised as at 2nd day of July, 2015\nc\n\n(c)\nthe person is a dependant of a person who is being or has been removed\nfrom the Islands under the provisions of this section.\n(2) Directions may not be given under subsection (1)(a) if the person concerned\nhas made an application for an extension of his permission to remain in the\nIslands in accordance with this Law.\n(3) Where a person has overstayed his time in the Islands or is otherwise in the\nIslands illegally, the Chief Immigration Officer shall cause to be served upon\nthe person concerned written notice in which shall be specified a time, not\nbeing more than fourteen days, within which he shall be removed from the\nIslands.\n(4) If such a notice is sent by the Chief Immigration Officer by post, addressed to\nthe last known address of the person concerned, it is to be taken to have been\nreceived by that person on the third day after the day on which it was posted.\n(5) Directions for the removal of a person under subsection (1)(c) cease to have\neffect if he ceases to be a dependant of the other person.\n(6) Directions for the removal of a person given under this section invalidate any\npermission to enter or remain in the Islands given to him before the directions\nare given or while they are in force.\n(7) The Cabinet may apply any money or property of a person against whom an\norder under this section has been made in payment of the whole or any part of\nthe expenses of or incidental to the journey from the Islands, and of the\nmaintenance until departure of such person and his dependants, if any.\n75.\nEscorts for persons removed from the Islands under directions\n75. (1) Directions under section 74 for, or requiring arrangements to be made for, the\nremoval of a person from the Islands may include or be amended to include\nprovision for the person who is to be removed \u2014\n(a)\nto be detained for a reasonable period prior to removal; and\n(b) to be accompanied by an escort consisting of one or more persons\nspecified in the directions.\n(2) The Cabinet may by regulations make further provision supplementing\nsubsection (1).\n(3) The regulations may, in particular, include provision \u2014\n(a)\nrequiring the person to whom the directions are given to provide for the\nreturn of the escort to the Islands;\n(b) requiring the Government to bear such costs in connection with the escort\n(including, in particular, remuneration) as may be prescribed;\n(c)\nas to the cases in which the Government is to bear those costs; and\n\nImmigration Law (2015 Revision)\nSection 76\n\nc\nRevised as at 2nd day of July, 2015\nPage 91\n\n(d) prescribing the kinds of expenditure which are to be included in\ncalculating the costs incurred in connection with escorts.\n76.\nRegister to be kept and particulars furnished by hotel keepers and others\n76. (1) It is the duty of the keeper of any premises to which this section applies to\nkeep a register in the prescribed form and containing the prescribed particulars\nof all persons staying at the premises who are not Caymanian.\n(2) The keeper of any such premises shall, where directions for the purpose are\nissued by the Cabinet, make to the Chief Immigration Officer such returns\nconcerning the persons staying at the premises, at such times and in such form\nas may be specified in such directions.\n(3) It is the duty \u2014\n(a)\nof every person, whether Caymanian or not, staying at any premises to\nsign, when so required, a statement as to his nationality, and, if nonCaymanian to furnish and sign a statement of the particulars required\nunder this section; and\n(b) of the keeper of any such premises to require any person who stays at the\npremises to sign the statement and furnish the particulars required from\nhim under this section and to preserve such statements including any\nstatements supplied under this section to any previous keeper of the\npremises for a period of two years from the date when the statements\nwere signed.\n(4) Every register kept, and all particulars furnished, under this section shall, at all\nreasonable hours, be open for inspection by any constable, immigration officer\nor person authorised by the Cabinet.\n(5) This section applies to any premises, whether furnished or unfurnished, where\nlodging or sleeping accommodation is provided for reward.\n(6) The breach of a duty imposed by this section is an offence.\n77.\nRe-entry permit\n77. (1) A person who is, for the time being, entitled by this Law, or permitted by\nreason of the exercise of any power thereunder to land in the Islands may\napply to the Chief Immigration Officer for the issue of a re-entry permit.\n(2) The Chief Immigration Officer shall, in respect of a person entitled under\nsubsection (1), issue a re-entry permit in the prescribed form and on payment\nof the prescribed fees, valid for such periods as the applicant is, at the time of\nissue, entitled to land in the Islands.\n(3) Nothing in subsections (1) and (2) shall have effect so as to authorise any\nperson to land in the Islands notwithstanding his possession of a valid re-entry\n\nSection 78\nImmigration Law\n\nPage 92\nRevised as at 2nd day of July, 2015\nc\n\npermit, if he has, since the issue of the permit, become a person who may be\nrefused permission to land in the Islands.\n78.\nOffences relating to illegal landing and powers of arrest\n78. (1) A person who \u2014\n(a)\nlands or attempts to land in the Islands;\n(b) does any act preparatory to landing in the Islands; or\n(c)\nremains or resides in the Islands,\nwhere such landing, preparing, remaining or residing is or would be in\ncontravention of this Law, commits an offence and is liable on summary\nconviction to a fine of twenty thousand dollars and to imprisonment for five\nyears.\n(2) A person who \u2014\n(a)\nknowingly assists or causes another to land in, or to depart from, the\nIslands;\n(b) connives in such landing or departure; or\n(c)\nwilfully does an act preparatory to paragraph (a) or (b),\nwhether or not that other person knew that there was a contravention of this\nLaw, in circumstances where such landing or departure is, or would be, in\ncontravention of this Law, commits an offence and is liable on summary\nconviction to a fine of fifty thousand dollars and to imprisonment for seven\nyears.\n(3) The court before which a person is convicted of an offence under\nsubsection (2) may order the forfeiture of a vehicle or vessel used or intended\nto be used in connection with the offence if the convicted person \u2014\n(a)\nowned the vehicle or vessel at the time the offence was committed;\n(b) was at that time a director, secretary, manager or other responsible officer\nof a company which owned the vehicle or vessel;\n(c)\nwas at that time in possession of the vehicle or vessel under a hirepurchase agreement;\n(d) was at that time a director, secretary, manager or other responsible officer\nof a company which was in possession of the vehicle or vessel under a\nhire-purchase agreement;\n(e)\nwas at that time a charterer of the vessel; or\n(f)\ncommitted the offence while acting as master of a vessel.\n(4) An immigration officer or constable may arrest without warrant any person\nwho has committed or whom he reasonably suspects to have committed an\noffence under this Law.\n\nImmigration Law (2015 Revision)\nSection 79\n\nc\nRevised as at 2nd day of July, 2015\nPage 93\n\n(5) The Chief Immigration Officer may, if he intends to recommend the\ndeportation of a person convicted of a criminal offence, detain him in such\nplace and for such period, not exceeding seven days as he may direct, save that\na person to whom the Board has granted permanent residence shall not, while\nhe continues to enjoy the benefit of the grant, be subject to a deportation order.\n(6) Where a person who claims to have an interest in a vehicle or vessel applies to\na court to make representations on the question of forfeiture, the court may not\nmake an order under this section in respect of the vehicle or vessel unless the\nperson has been given an opportunity to show cause why the order should not\nbe made.\n79.\nRegister of non-Caymanians\n79. There shall be provided and maintained by the Chief Immigration Officer, under the\ndirection of the Cabinet, a central register of persons who are not Caymanian, in\nwhich there shall be registered such particulars and in such form as may be\nprescribed.\n80.\nApplication of other laws\n80. Nothing contained in this Part shall affect the duty of a person to comply with the\nlaws affecting customs, quarantine, public health and statistics, or with an order of\nthe Cabinet, a court of law or a constable in the execution of his duty.\n81.\nEstablishment of stop list\n81. (1) There shall be established by the Chief Immigration Officer a stop list in\nwhich shall be recorded the name of any person known to come within a\ncategory of section 82.\n(2) The Chief Immigration Officer may cause copies of the stop list or notification\nof the entry in or removal there from of any name to be given to the local\nagent of vessels arriving in the Islands and to travel agencies.\n82.\nProhibited immigrants\n82. The following persons, not being Caymanian or permanent residents, are prohibited\nimmigrants \u2014\n(a)\na destitute person;\n(b) a person who is mentally disordered or mentally defective as defined in\nthe Mental Health Law, 2013 [Law 10 of 2013], or suffers from epilepsy,\nnot controlled by medication, unless in any such case he, a person\naccompanying him or some other person gives security to the satisfaction\nof the Chief Immigration Officer for his permanent support in the Islands\nor for his removal therefrom whenever required by the Chief\nImmigration Officer;\n\nSection 83\nImmigration Law\n\nPage 94\nRevised as at 2nd day of July, 2015\nc\n\n(c)\na person certified by a Health Officer to be suffering from a\ncommunicable disease that makes his entry into the Islands dangerous to\nthe community;\n(d) a person who is reasonably believed to be a prostitute, to have come to\nthe Islands for the purpose of prostitution or to be living on or receiving\nor to have lived on or received the proceeds of prostitution;\n(e)\na person who has previously been deported, removed or repatriated from\nthe Islands;\n(f)\na member of a class of persons deemed by the Cabinet on economic\ngrounds or on account of standard or habit of life to be undesirable\nimmigrants and so declared by Order published in the Gazette;\n(g) a person who, from information or advice which, in the opinion of the\nCabinet, is reliable information or advice, is deemed by the Cabinet to be\nan undesirable inhabitant of or visitor to the Islands; or\n(h) a person who, not having received a free pardon, has been convicted in\nany country of an offence for which a sentence of imprisonment of or\nexceeding twelve months has been passed otherwise than for nonpayment of a fine.\n83.\nStudent visas\n83. (1) Subject to section 67(2), no student may attend an educational institution in\nthe Islands unless he is a student to whom a student visa has been issued.\n(2) Leave to land may be granted for the duration of the student\u2019s course, but\nleave to remain shall not be granted for a period in excess of four years.\n(2A) Unless the context otherwise requires, a reference to the Chief Immigration\nOfficer in relation to the granting, extending, varying or revoking of a student\nvisa shall be construed as including a reference to anyone specifically\ndesignated by him to perform those duties.\n(3) A student may apply to the Chief Immigration Officer for a student visa on the\nprescribed form accompanied by the prescribed fee and any required\ndocumentary evidence.\n(3A) Any of the powers conferred upon the Chief Immigration Officer under\nsubsections (5) and (6) may be delegated by him to an immigration officer of\nthe rank of Assistant Chief Immigration Officer or above.\n(4) The Chief Immigration Officer or his designate in considering an application\nunder this section shall, subject to any general directions that the Cabinet may,\nfrom time to time, give in respect of the consideration of such application, take\nparticularly into account the following matters \u2014\n(a)\nthe character, reputation and health of the applicant and his dependants,\nif any;\n\nImmigration Law (2015 Revision)\nSection 83\n\nc\nRevised as at 2nd day of July, 2015\nPage 95\n\n(b) whether he intends to leave the Island at the end of his studies;\n(c)\nthe sufficiency of his financial resources and his ability adequately to\nmaintain his dependants without recourse to public funds;\n(d) the quality of the living accommodation available to him and his\ndependants, if any;\n(e)\nhis facility in the use of the English language;\n(f)\nwhether he intends to engage in business or take up employment, other\nthan unpaid student work undertaken in connection with the intended\ncourse of study; and\n(g) whether, from information available to the Chief Immigration Officer\nregarding the applicant\u2019s conduct and associations, the refusal of the\napplication would be conducive to the public good.\n(5) The Chief Immigration Officer or his designate \u2014\n(a)\nmay grant, refuse, or defer the application either unconditionally or\nsubject to such conditions as he may think fit; and\n(b) where the application is granted, may extend, revoke, vary or modify the\nstudent visa.\n(6) The holder of a four-year student visa may apply to the Chief Immigration\nOfficer in the prescribed manner for an extension of stay as a student, which\nextension, if granted, shall be limited to twelve months.\n(7) An applicant under subsection (6) shall satisfy the Chief Immigration Officer\nor his designate that \u2014\n(a)\nhe was admitted to the Cayman Islands as a student;\n(b) he has continued to meet the requirements of such admission;\n(c)\nhe has been regular in attendance during the course that he has already\nbegun and any other course for which he was enrolled in the past; and\n(d) he has made satisfactory progress in his course of study and has been\nsuccessful in his examinations.\n(8) Every educational institution shall \u2014\n(a)\nmake available to the Chief Immigration Officer or his designate, upon\nrequest, information concerning the non-Caymanians enrolled at that\ninstitution; and\n(b) await receipt of a copy of the student visa from the Chief Immigration\nOfficer before enrolling the student at the institution.\n(9) The holder of a student visa may not engage in gainful occupation in the\nIslands other than unpaid student work undertaken in connection with his\ncourse of study.\n\nSection 84\nImmigration Law\n\nPage 96\nRevised as at 2nd day of July, 2015\nc\n\n(10) Notwithstanding anything contained in this section, a child entering the Islands\nfor the express purpose of adoption proceedings shall, with the express\npermission of the Chief Immigration Officer, be allowed to remain and attend\nschool in the Islands.\nPART VII - Asylum\n84.\nApplication for asylum\n84. (1) A person who is in legal custody under section 72(1) or a person to whom\npermission to remain in the Islands has been granted under section 67(1)\nor 72(2) may apply to the Chief Immigration Officer for asylum, and in\nconsidering such application the Chief Immigration Officer shall have regard\nto the Refugee Convention and any directions given by the Governor relating\nto asylum applications.\n(2) For the purposes of this Part, a person is eligible to apply for asylum if \u2014\n(a)\nhe is at least eighteen years of age or is an unaccompanied minor;\n(b) he is in the Islands; and\n(c)\nthe application for asylum has been made by him at a place designated by\nthe Governor.\n(3) A person specified under subsection (4) may also apply for asylum for his\ndependant children under eighteen years of age that are with him in the\nIslands.\n(4) A person whose application under subsection (1) has been successful shall be\ngranted leave to remain indefinitely in the Islands and the right to work for any\nemployer in any occupation.\n(5) The Chief Immigration Officer may revoke a person\u2019s indefinite leave granted\nunder this section if someone of whom he is a dependant ceases to be a\nrefugee as a result of \u2014\n(a)\nvoluntarily availing himself of the protection of his country of\nnationality;\n(b) voluntarily acquiring a lost nationality;\n(c)\nacquiring the nationality of a country other than the Cayman Islands and\navailing himself of its protection; or\n(d) voluntarily establishing himself in a country in respect of which he was a\nrefugee.\n(6) Notwithstanding section 14, a person whose application for asylum has been\nrefused may appeal to the Immigration Appeals Tribunal, within fourteen days\nof his being notified of the decision, against the refusal on the grounds that\n\nImmigration Law (2015 Revision)\nSection 84\n\nc\nRevised as at 2nd day of July, 2015\nPage 97\n\nrequiring him to leave the Islands would be contrary to the Refugee\nConvention.\n(7) Neither an applicant for asylum nor an appellant against the decision of the\nChief Immigration Officer shall be required to leave the Islands pending the\noutcome of his application or appeal; and, for the purposes of this section, an\napplication or appeal is pending \u2014\n(a)\nbeginning on the date when it is submitted or instituted; and\n(b) ending on the date when the applicant or appellant \u2014\n(i)\nis formally notified of the outcome of the application or appeal; or\n(ii) withdraws or abandons the application or appeal.\n(8) Where an application is made for asylum, it shall be recorded by the Chief\nImmigration Officer who, if satisfied that the application was made as soon as\nreasonably practicable after the applicant\u2019s arrival in the Islands, shall \u2014\n(a)\non being satisfied that for obvious and compelling reasons the applicant\ncannot be returned to his country of origin or nationality, grant him\nexceptional leave to remain in the Islands; and\n(b) make arrangements for his support, accommodation and upkeep.\n(9) The grant of exceptional leave under this section \u2014\n(a)\ndoes not confer on the grantee any right to gainful occupation in the\nIslands; and\n(b) may be revoked, varied or modified by the Chief Immigration Officer.\n(10) Where an applicant under this Part is to be deported to a country of which he is\na national or citizen and \u2014\n(a)\nhe does not possess a passport or other travel document; and\n(b) the country to which he is to be deported requires the Chief Immigration\nOfficer to provide identification data in respect of the applicant as a\ncondition of the admission of the applicant to that country,\nthe Chief Immigration Officer shall provide the requested data but shall not\ndisclose whether the applicant had sought asylum.\n(11) The Governor\u2019s deportation order in respect of a person who has been refused\nasylum may require the master of a vessel \u2014\n(a)\nto remove the person from the Islands; and\n(b) to bear the cost of such removal, including the cost of providing escorts\nto and from the receiving country.\n(12) Where a person who has applied for or intends to apply for asylum is desirous\nof voluntarily leaving the Islands for a country in which he hopes to take up\nresidence, the Chief Immigration Officer may render to him \u2014\n(a)\nadvice and other help in relation to his proposed journey; and\n\nSection 85\nImmigration Law\n\nPage 98\nRevised as at 2nd day of July, 2015\nc\n\n(b) financial assistance to defray the cost of his travel and upkeep.\n(13) For the purposes of this Part, the Governor may give directions to the Chief\nImmigration Officer in relation to the consideration of applications for asylum\nand promulgate rules for the hearing of appeals under subsection (6), and such\ndirections and rules shall be published in the Gazette.\n85.\nLimitations on rights of appeal under section 84\n85. Section 84 does not entitle a person to appeal against a refusal of an\napplication if \u2014\n(a)\nthe Governor has certified that the appellant\u2019s departure and exclusion\nfrom the Islands would be in the interest of national security; or\n(b) the reason for the refusal was that he was a person to whom the Refugee\nConvention did not apply by reason of Article 1(F) of that Convention,\nand the Governor has certified that the disclosure of material on which the\nrefusal was based is not in the interest of national security.\n86.\nHelping asylum-seeker to enter the Islands\n86. (1) A person who \u2014\n(a)\nknowingly and for gain, facilitates the arrival in the Islands of an\nindividual; and\n(b) knows or has reasonable cause to believe that the individual intends to\napply for asylum under section 84(1),\ncommits an offence.\n(2) Subsection (1) does not apply to anything done by a person acting on behalf of\nan organisation which \u2014\n(a)\naims to assist individuals seeking asylum pursuant to the Refugee\nConvention; and\n(b) does not charge for its services.\nPART VIII - Deportation\n87.\nNon-application of this Part with respect to Caymanians\n87. Nothing in this Part shall apply or have effect so as to authorise or empower the\nmaking of a deportation order in respect of a Caymanian or a person who is entitled\nto remain permanently in the Islands.\n88.\nReport preliminary to deportation order\n88. (1) No deportation order shall be made under this Law, otherwise than in the\ncase of \u2014\n\nImmigration Law (2015 Revision)\nSection 89\n\nc\nRevised as at 2nd day of July, 2015\nPage 99\n\n(a)\na convicted and deportable person;\n(b) a person who has been convicted of an offence contrary to section 56\nor 78(1)(c); or\n(c)\na person who has been sentenced in the Islands to imprisonment for not\nless than six months,\nunless a magistrate shall have reported on the case and the Cabinet, having had\nregard to the findings of fact and conclusions of law and any recommendation\ncontained in such report, is satisfied that such order may properly be made.\n(2) Where it is intended to take proceedings against any person for the purpose of\nobtaining a report under subsection (1), a notice shall be served upon such\nperson giving him reasonable information as to the nature of the facts alleged\nagainst him and the grounds upon which it is alleged that a deportation order\nshould be made, requiring him to show cause why such order should not be\nmade and naming the time and place for his appearance before a summary\ncourt in that behalf, and if such person should fail to appear at the time and\nplace so named, the court may issue a warrant for his arrest.\n(3) In every proceeding under subsection (2), the court shall take such evidence on\noath of the parties (who may be represented by counsel) and their witnesses as\nmay be tendered in chief and upon cross-examination and re-examination and,\nafter considering the evidence adduced before it and making any further\ninvestigations which it may consider to be desirable, shall report to the Cabinet\nsetting out its findings of fact, conclusions of law, if any, and making such\nrecommendation as he thinks fit.\n(4) During the proceedings and pending the decision of the Governor, the court, at\nits discretion, may order the person, the subject of the report, to be detained in\nlegal custody or released on bail.\n89.\nPower of Governor to make, revoke, vary or modify a deportation order and\nduty to report to Secretary of State\n89. (1) Subject to sections 87 and 88, the Governor may, if he thinks fit, make a\ndeportation order in respect of any person who is \u2014\n(a)\na convicted and deportable person;\n(b) a destitute person;\n(c)\na prohibited immigrant who has entered the Islands contrary to this or\nany earlier law;\n(d) a person whose permission to land and to remain or reside in the Islands\nor any extension thereof has expired or has been revoked and who fails to\nleave the Islands; or\n(e)\na person whose application for asylum has been refused under section 84.\n\nSection 90\nImmigration Law\n\nPage 100\nRevised as at 2nd day of July, 2015\nc\n\n(2) Where the Governor considers that a person is an undesirable person, or that\nhis presence in the Islands is not conducive to the public good, he may make a\ndeportation order in respect of such person.\n(3) The Governor \u2014\n(a)\nmay, at any time, revoke a deportation order and may vary or modify its\nterms so as to permit the person in respect of whom it is made, to enter\nand land in the Islands for such purpose and subject to such conditions as\nmay be specified; and\n(b) shall report any deportation order made, varied or modified by him, to\nthe Secretary of State for Foreign and Commonwealth Affairs.\n90.\nForm of deportation order\n90. A deportation order shall be in such form as the Governor may approve.\n91.\nService of deportation order and power to detain deportees\n91. (1) A deportation order shall be served upon the person to whom it is directed, by\nany immigration officer or constable.\n(2) A person in respect of whom a deportation order is made or a certificate is\ngiven by a court with a view to the making of a deportation order may be\ndetained in such manner and in such place as may be directed by the Cabinet\nand may be placed on board a vessel about to leave the Islands, and shall be\ndeemed to be in lawful custody while so detained and until the vessel finally\nleaves the Islands.\n(3) Notwithstanding subsection (2), a person who has been convicted of an\noffence and against whom a deportation order may be made may, whether\nbefore or after the making of such order, be allowed to leave the Islands\nvoluntarily, with the permission of the Chief Immigration Officer and under\nthe supervision of an immigration officer or constable, and that person shall be\ndeemed to be in legal custody while he is under such supervision.\n92.\nDuty to comply with deportation order\n92. (1) Subject to section 91(3), a person in respect of whom a deportation order is\nmade shall leave the Islands in accordance with the terms of the order, and\nshall thereafter, so long as the order is in force, remain out of the Islands.\n(2) A person who contravenes subsection (1) commits an offence.\n(3) A person who returns to the Islands in contravention of a deportation order\ncommits an offence and may again be deported under the original order, and\nsection 91(2) shall apply accordingly in respect of such person.\n\nImmigration Law (2015 Revision)\nSection 93\n\nc\nRevised as at 2nd day of July, 2015\nPage 101\n\n93.\nDuty to afford transportation of deportee to a place outside the Islands\n93. (1) The master of a vessel about to call at any place outside these Islands shall, if\nso required by the Cabinet or by an immigration officer, receive a person\nagainst whom a deportation order has been made and his dependants, if any,\non board the vessel, and shall afford him and them a passage to that place and\nproper accommodation and maintenance during the journey.\n(2) A person who contravenes subsection (1) commits an offence.\n(3) The Cabinet may apply any money or property of a person against whom a\ndeportation order has been made in payment of the whole or any part of the\nexpenses of or incidental to the journey from the Islands and of the\nmaintenance, until departure, of such person and his dependants, if any.\n(4) Except so far as they are defrayed under subsection (3), any such expenses\nshall be payable out of public funds.\n94.\nHarbouring deportee\n94. A person who, without lawful excuse, knowingly harbours or conceals any person\nwho is in the Islands in contravention of a deportation order commits an offence.\n95.\nArrest of person contravening, etc., this Part\n95. A person who acts in contravention of this Part or is reasonably suspected of having\nso acted or being about so to act, may be taken into custody without warrant by an\nimmigration officer or constable.\n96.\nEvidence in proceedings taken under this Part\n96. In any proceedings taken under, or in connection with, this Part \u2014\n(a)\nthe burden of proof that a person charged is exempted from the\napplication of this Part by virtue of section 87 shall be upon such person;\n(b) any document purporting to be a deportation order shall, until the\ncontrary is proved, be presumed to be such an order; and\n(c)\nany deportation order shall be presumed, until the contrary is proved, to\nhave been validly made and to have been made on the date upon which it\npurports to have been made.\n97.\nProceedings to be sanctioned by Attorney General\n97. No proceedings shall be instituted under this Part except by the Attorney General or\nwith his previous sanction in writing.\n\nSection 98\nImmigration Law\n\nPage 102\nRevised as at 2nd day of July, 2015\nc\n\nPART IX - General\n98.\nIdentification cards\n98. (1) A person to whom a work permit has been issued under section 48 shall, at the\ntime of the granting of such work permit or permission to engage in a gainful\noccupation, as the case may be, have issued to him an identification card.\n(2) A person to whom an identification card has been issued under subsection (1)\nshall produce such card for inspection upon demand being made in such regard\nby any police constable, immigration officer or officer appointed under the\nLabour Law (2011 Revision), or, if at the time of the making of such demand\nthe identification card is not in the possession of the holder, he shall produce\nthe same for inspection within forty-eight hours at such place as the person\nlawfully making the demand shall specify.\n(3) A person who contravenes subsection (2) commits an offence and is liable on\nsummary conviction to a fine of one thousand dollars and to imprisonment for\nsix months.\n99.\nRegulations\n99. (1) The Cabinet may make regulations generally for administering this Law and\nfor giving effect to its objects, purposes and intentions, or with respect to any\nmatter or thing by or under this Law that may be or is to be prescribed.\n(2) Regulations made under this section may, in particular \u2014\n(a)\nauthorise the taking, in relation to any person who is in custody, of all\nsuch steps as may be necessary for photographing, measuring, taking the\nfingerprints of, or otherwise identifying that person in such manner as\nmay be provided by the regulations;\n(b) prescribe the forms, notices, certificates, licences, permits, warrants,\nbooks, registers or other documents to be used and the particulars to be\ngiven in connection with this Law;\n(c)\nprescribe the fees to be payable in respect of any application, licence or\npermit granted or any certificate or other document issued under this Law\nand the circumstances under which such fees may be abated or waived;\n(d) prescribe the amount and nature of any security to be furnished for the\ndue carrying out of any condition which may be attached to the grant of\nany licence or permit, or to the issue of any certificate or other document\nunder this Law;\n(e)\nprovide for the submission by a company, firm or other business\nenterprise, to the Board, of Business Staffing Plans, prescribing the\ncontents of and procedures concerning such plans and the method of\ngranting work permits following approval of such plans;\n\nImmigration Law (2015 Revision)\nSection 100\n\nc\nRevised as at 2nd day of July, 2015\nPage 103\n\n(f)\nprescribe the countries a national of which on landing in the Islands shall\nproduce a visa;\n(g) prescribe the persons or categories of persons who are exempt from the\nrequirements of section 71(1); and\n(h) prescribe the penalties that may be imposed for the contravention of\nregulations, directions and other forms of subordinate legislation made or\nissued under this Law.\n100. Directions to Board and Chief Immigration Officer\n100. The Cabinet may, from time to time, issue policy directions to the Boards, the\nImmigration Appeals Tribunal and the Chief Immigration Officer for their guidance\nin the exercise of their respective powers, duties and functions under this Law, and\nit shall be the duty of the Boards, the Immigration Appeals Tribunal and the Chief\nImmigration Officer to put into effect and to carry out such directions.\n101. Power to put questions and require production of documents\n101. (1) The Boards, the Immigration Appeals Tribunal or any immigration officer,\nconstable or other person lawfully acting in the execution of this Law may \u2014\n(a)\nput any question to any person, being a question reasonably required in\nconnection with the proper discharge of their, its or his functions under\nthis Law; and\n(b) require any person to produce for inspection any licence, certificate,\npayroll and other documents relating to gainful employment, permit,\nwork permit identification card or other document which he may have in\nhis possession or under his control, being a document of which the\ninspection is reasonably required in connection with the proper discharge\nof such function as aforesaid.\n(2) A person who fails without lawful excuse (the proof of which shall be upon\nhim) to answer fully and truthfully to the best of his knowledge and belief any\nsuch question, or to produce for inspection any such document, does, without\nprejudice to section 104, commit an offence.\n(3) Any power to require the production of a document for inspection shall be\nconstrued as including a power to take copies of such document and to retain\nsuch document for a reasonable time for such purpose.\n102. Obstruction of persons acting in execution of Law\n102. (1) A person who resists arrest or otherwise wilfully obstructs or impedes any\nimmigration officer, constable or other person acting in the execution of his\nduty under this Law commits an offence.\n\nSection 103\nImmigration Law\n\nPage 104\nRevised as at 2nd day of July, 2015\nc\n\n(2) A person who acts in contravention of this section, or is reasonably suspected\nof having so acted or being about so to act, may be taken into custody without\nwarrant by an immigration officer or constable.\n103. Authorisation to carry arms\n103. An immigration officer, with the authority of the Chief Immigration Officer given\nunder and in accordance with the general or special directions of the Governor, is\nentitled in the performance of his duties to carry arms.\n104. Offences relating to false documents, etc.\n104. (1) A person who \u2014\n(a)\nin connection with the carrying into effect of any of the purposes of this\nLaw, makes, causes or allows to be made any return, statement or\nrepresentation which is false in a material particular and which he knows\nto be false or which he does not believe to be true;\n(b) without lawful excuse (the proof of which shall be upon him) alters,\ncauses or allows to be altered any certificate, licence, permit or other\ndocument issued under this Law or any entry in any document lawfully\nmade under this Law: or\n(c)\nwithout lawful excuse (the proof of which shall be upon him) uses or\npossesses, or causes or allows to be used or possessed, any forged,\naltered or irregular passport, visa, certificate or other connected\ndocument or any endorsement on any of such documents which has been\naltered or forged,\ncommits an offence.\n(1A) The holder of a Certificate issued under Part IV applying for a variation of that\nCertificate to reflect the fact that his dependant is engaged in full-time tertiary\neducation in an educational institution shall satisfy the Board or the Chief\nImmigration Officer by way of a written confirmation from the educational\ninstitution that the dependant is engaged in a full-time course of study; and it\nshall be an offence if \u2014\n(a)\nthe dependant is engaged in such education without such variation being\napproved; or\n(b) he is residing in the Islands on the basis of an approved variation but is\nnot engaged in such education.\n(2) A person who acts in contravention of subsection (1), or is reasonably\nsuspected of having so acted or being about so to act, may be taken into\ncustody without warrant by an immigration officer or constable.\n\nImmigration Law (2015 Revision)\nSection 105\n\nc\nRevised as at 2nd day of July, 2015\nPage 105\n\n105. Possession of immigration stamp\n105. A person who, without reasonable excuse, has in his possession an immigration\nstamp or a replica immigration stamp commits an offence.\n106. Assisting entry in breach of deportation, exclusion or removal order\n106. (1) A person who \u2014\n(a)\ndoes an act which facilitates a breach of a deportation order, exclusion\norder or removal order in force against an individual; and\n(b) knows or has reasonable cause for believing that the act facilitates a\nbreach of the deportation, exclusion or removal order,\ncommits an offence.\n(2) Subsection (1) applies to anything done \u2014\n(a)\nin the Islands; or\n(b) outside the Islands by a body incorporated under the law of the Islands.\n(3) A person who commits an offence under this section is liable on summary\nconviction to a fine of fifty thousand dollars and to imprisonment for seven\nyears, and the court before which the person is convicted may order the\nforfeiture of a vehicle or vessel used or intended to be used in connection with\nthe offence if the convicted person \u2014\n(a)\nowned the vehicle or vessel at the time the offence was committed;\n(b) was at that time a director, secretary, manager or other responsible officer\nof a company which owned the vehicle or vessel;\n(c)\nwas at that time in possession of the vehicle or vessel under a hirepurchase agreement;\n(d) was at that time a director, secretary, manager or other responsible officer\nof a company which was in possession of the vehicle or vessel under a\nhire-purchase agreement;\n(e)\nwas at that time a charterer of the vessel; or\n(f)\ncommitted the offence while acting as master of a vessel.\n(4) Where a person who claims to have an interest in a vehicle or vessel applies to\na court to make representations on the question of forfeiture, the court may not\nmake an order under this section in respect of the vehicle or vessel unless the\nperson has been given an opportunity to show cause why the order should not\nbe made.\n(5) Where proceedings are instituted against a person for an offence under this\nsection and either \u2014\n(a)\nthe proceedings do not result in his conviction; or\n(b) where he is convicted of the offence \u2014\n\nSection 106\nImmigration Law\n\nPage 106\nRevised as at 2nd day of July, 2015\nc\n\n(i)\nthe conviction concerned is quashed without a conviction for any\nother offence under this Law being substituted; or\n(ii) the Governor has granted a pardon in respect of the conviction,\nthe Grand Court may, on an application by a person who held property which\nwas realisable property, order compensation to be paid by the Government to\nthe applicant.\n(6) The Grand Court shall not order compensation to be paid in any case unless\nthe Court is satisfied \u2014\n(a)\nthat there has been some serious default on the part of a person concerned\nin the investigation or prosecution of the offence concerned and that, but\nfor that default, the proceedings would not have been instituted or\ncontinued; and\n(b) that the applicant has suffered substantial loss in consequence of\nanything done in relation to the property by or in pursuance of an order\nof the Grand Court.\n(7) The amount of compensation to be paid under this section shall be such as the\nGrand Court thinks just in all the circumstances of the case.\n(8) In this section \u2014\n\u201crealisable property\u201d means any property held by \u2014\n(a)\na person against whom proceedings have been instituted for an offence\nunder this section; and\n(b) another person to whom that person has directly or indirectly made a gift\ncaught by this section,\nsave that such property is not realisable property if a forfeiture order made by\nthe Court in respect of that property is in force.\n(9) A gift is caught by this section if \u2014\n(a)\nit was made by a person against whom proceedings have been instituted\nunder this section at any time since the beginning of the period of six\nyears ending when the proceedings were instituted; or\n(b) it was made by him at any time and was a gift of property \u2014\n(i)\nreceived by him in connection with illegal activity carried on by\nhim or another; or\n(ii) which in whole or in part directly or indirectly represented in his\nhands property received by him in that connection.\n(10) For the purposes of subsection (9), the circumstances in which a person\nagainst whom proceedings have been instituted for the offence is to be treated\nas making a gift include where he transfers property to another person directly\n\nImmigration Law (2015 Revision)\nSection 107\n\nc\nRevised as at 2nd day of July, 2015\nPage 107\n\nor indirectly for a consideration the value of which is significantly less than\nthe value of the consideration provided by him.\n107. Provision of immigration services\n107. (1) No person may provide or purport to provide immigration advice or\nimmigration services for any fee, gain or reward unless he is a qualified\nperson.\n(2) A person is a qualified person if \u2014\n(a)\nhe is registered with the Chief Immigration Officer or is employed by, or\nworks under the supervision of, such a person;\n(b) he is a member or employee of a body which is licensed, or exempted by\nthe Trade and Business Licensing Law (2007 Revision), or works under\nthe supervision of such a member or employee; or\n(c)\nhe is a person admitted to practise as an attorney-at-law under the Legal\nPractitioners Law (2012 Revision).\n(3) Subsection (1) does not apply to a person who \u2014\n(a)\nis certified by the Chief Immigration Officer as exempt (in this section\nreferred to as \u201can exempt person\u201d);\n(b) is employed by an exempt person;\n(c)\nworks under the supervision of an exempt person or an employee of an\nexempt person; or\n(d) falls within a category of person specified in an order made by the\nCabinet for the purposes of this subsection.\n(4) A certificate under subsection (3)(a) may relate only to a specified description\nof immigration advice or immigration services.\n(5) Subsection (1) does not apply to a person \u2014\n(a)\nholding an office under the Crown, when acting in that capacity;\n(b) employed by, or for the purposes of, a Government department, when\nacting in that capacity;\n(c)\nacting under the control of a Government department; or\n(d) otherwise exercising functions on behalf of the Crown.\n(6) An exemption given under subsection (3)(a) may be withdrawn by the Chief\nImmigration Officer.\n(7) A person who acts in contravention of subsection (1) commits an offence.\n108. Registration and exemption by the Chief Immigration Officer\n108. (1) The Chief Immigration Officer shall prepare and maintain a register for the\npurposes of section 107(2)(a) and (b).\n\nSection 109\nImmigration Law\n\nPage 108\nRevised as at 2nd day of July, 2015\nc\n\n(2) The Chief Immigration Officer shall keep a record of the persons to whom he\nhas issued a certificate of exemption under section 107(3)(a).\n109. Human smuggling\n109. (1) A person who, in contravention of this Law and whether for financial or material\nbenefit or not, assists or facilitates the transportation, harbouring or movement\ninto or out of the Islands, of an individual commits an offence and is liable on\nsummary conviction to a fine of fifty thousand dollars and to imprisonment for\nseven years.\n(2) Subsection (1) applies to anything done \u2014\n(a)\nin the Islands; or\n(b) outside the Islands by a body incorporated under the law of the Islands.\n110. Punishment for offences for which no penalty is provided\n110. A person who commits an offence for which no penalty is provided is liable on\nsummary conviction, in respect of a first offence, to a fine of five thousand dollars\nand to imprisonment for one year or, in respect of a second or subsequent offence,\nto a fine of ten thousand dollars and to imprisonment for two years and, where any\nsuch offence is a continuing offence, the person guilty of the offence shall, in\naddition to any punishment provided by this section, be liable to a fine of five\nhundred dollars in respect of each day during which the offence continues.\n111. Offence to enter into marriage of convenience\n111. (1) A person who enters into a marriage of convenience commits an offence and is\nliable on summary conviction to a fine of ten thousand dollars and to\nimprisonment for one year.\n(2) If a marriage officer has reasonable grounds for suspecting that a marriage will\nbe a marriage of convenience, and fails to report his suspicion to the Chief\nImmigration Officer without delay and in such form and manner as may be\nprescribed, he commits an offence.\n(3) Subsection (2) also applies where a marriage is solemnised in the presence of a\nmarriage officer who, before, during or immediately after solemnisation of the\nmarriage, has reasonable grounds for suspecting that the marriage will be, or\nis, a marriage of convenience.\n112. Offences against Law by corporations, liability of officers, etc.\n112. Where a person convicted of an offence against this Law is a body corporate, then\nevery person who, at the time of the commission of the offence, was a managing\ndirector, manager, secretary or other officer of the body corporate shall be deemed\nto be guilty of that offence unless he proves that the offence was committed without\nhis knowledge or that he exercised all reasonable diligence, having regard to his\noffice, to prevent the commission of the offence.\n\nImmigration Law (2015 Revision)\nSection 113\n\nc\nRevised as at 2nd day of July, 2015\nPage 109\n\n113. Evidence in proceedings taken under, or in connection with, Law\n113. (1) In proceedings taken under, or in connection with, this Law \u2014\n(a)\nthe burden of proof that a person has had, at any material time \u2014\n(i)\na particular status for the purpose of this Law;\n(ii) a particular nationality; or\n(iii) a particular occupation, or, as the case may be, no occupation,\nshall be upon that person;\n(b) a document purporting to set forth an order or direction given under this\nLaw shall be presumed, until the contrary is proven, to constitute any\nsuch order or direction as aforesaid; and\n(c)\nan order or direction given under this Law shall be presumed, until the\ncontrary is proven, to have been validly given and to have been given on\nthe date on which it purports to have been given.\n(2) In subsection (1), a reference to the giving of an order shall be construed as\nincluding a reference to the making of an order, to the giving of a direction or\na decision and to the imposing of a requirement.\n114. Transitional provisions\n114. (1) Nothing in this Law shall adversely affect the rights of any person where those\nrights \u2014\n(a)\nwere acquired under the Immigration Law (2012 Revision) or any earlier\nLaw; and\n(b) existed immediately prior to the commencement of the Immigration\n(Amendment) (No. 2) Law, 2013 [Law 23 of 2013].\n(2) Where prior to the commencement of the Immigration (Amendment) (No. 2)\nLaw, 2013 an application for the right to reside permanently in the Islands was\nmade and is still pending, the Caymanian Status and Permanent Residency\nBoard and the Chief Immigration Officer shall deal with such application in\naccordance with the law in effect immediately prior to such commencement.\n(3) For the avoidance of doubt an application for the grant of the right to reside\npermanently in the Islands or a work permit made on or after the\ncommencement of the Immigration (Amendment) (No. 2) Law, 2013 shall be\ndetermined in accordance with the law in effect at the time the application is\nbeing heard by the Board or, in the case of an appeal, by the Immigration\nAppeals Tribunal.\n(4) Where prior to the commencement of the Immigration (Amendment) (No. 2)\nLaw, 2013 an application was made for the grant of the right to be Caymanian,\nthe Caymanian Status and Permanent Residency Board and the Chief\n\nSection 115\nImmigration Law\n\nPage 110\nRevised as at 2nd day of July, 2015\nc\n\nImmigration Officer shall deal with such application in accordance with the\nlaw in effect immediately prior to such commencement.\n(5) Where prior to the commencement of the Immigration (Amendment) (No. 2)\nLaw, 2013 an application was made for the grant, renewal or variation of a\nwork permit, or for a Term Limit Exemption Permit, the Work Permit Board,\nthe Business Staffing Plan Board, the Cayman Brac and Little Cayman Board\nor the Chief Immigration Officer, as the case may be, shall deal with such\napplication in accordance with the law in effect immediately prior to such\ncommencement.\n(6) A person who at the commencement of the Immigration (Amendment) (No. 2)\nLaw, 2013 holds an authorisation to work by operation of law on the basis of\nhaving submitted an application for permission to reside permanently in the\nIslands shall be deemed to hold permission under section 52(4) until such\npermission expires or is revoked.\n(7) For the avoidance of doubt where an appeal to the Immigration Appeals\nTribunal was made prior to the commencement of the Immigration\n(Amendment) (No. 2) Law, 2013, the procedure governing the making and\ndetermination of such an appeal shall be that which is in effect after the\ncommencement of that Law, but the appellant shall have a period of sixty days\nfrom the commencement of that Law in which to file detailed grounds of\nappeal as required by section 15(6) and if no written submissions are received\nby the Tribunal during such period it may proceed to determine the appeal\nwithout further notice being given to the appellant.\n115. Application of general provisions to Cayman Brac and Little Cayman\nImmigration Board\n115. In performing their functions and exercising their powers generally under this Law,\nsections 101 and 102 with all necessary amendments shall be construed as applying\nalso to the Cayman Brac and Little Cayman Immigration Board.\n116. Conflict with other laws\n116. Except as otherwise expressly provided, wherever any provision of this Law or of a\nregulation is in conflict with any other law or regulation, this Law or regulation, as\nthe case may be, shall prevail.\n117. Savings of other laws\n117. Nothing in this Law shall be construed so as to derogate from or abridge any\nprovision of \u2014\n(a)\nthe Caribbean Development Bank Law (1997 Revision); or\n(b) the Diplomatic Privileges and Immunities Law (1997 Revision),\nor any law amending or replacing such laws.\n\nImmigration Law (2015 Revision)\nSection 118\n\nc\nRevised as at 2nd day of July, 2015\nPage 111\n\n118. Repealed\n118. Repealed by section 40 of [Law 23 of 2013]\n119. Repealed\n119. Repealed by section 41 of [Law 23 of 2013]\n\nImmigration Law (2015 Revision)\nSCHEDULE\n\nc\nRevised as at 2nd day of July, 2015\nPage 113\n\n SCHEDULE\nIMMIGRATION LAW\nsection 26\n(2015 Revision)\nCERTIFICATE OF THE RIGHT TO BE CAYMANIAN\nTHIS IS TO CERTIFY THAT.......................... of............................................ has with\neffect from this day been granted the right to be Caymanian for all purposes of the above\nLaw.\n\nDated this.......................... day of.........................................., 20...... .\n\nChairman of the Caymanian Status and Permanent Residency Board \/Governor.\n\n(1) A copy of the certificate shall be sent by the Secretary to the Chief Statistician and\nto the Chief Immigration Officer and the name of the grantee shall be published in the\nGazette. The Secretary shall also retain a copy in the grantee\u2019s record.\n\n(2) Until the certificate is forfeited or revoked under this Law, the certificate shall be\nprima facie evidence that the grantee is a Caymanian.\n\n(3) In the event of the grantee\u2019s certificate becoming lost or destroyed, it shall be lawful\nfor the Secretary to issue a duplicate thereof on payment by the grantee of the prescribed\nfee.\nPublication in consolidated and revised form authorised by the Cabinet this 14th\nday of July, 2015.\nMeredith Hew\nActing Clerk of Cabinet","akn_extracted_at":"2026-06-22 15:33:08.046265+00","cms_id":"2003-0034","law_type":"principal","year":"2003","number":"34","title":"Grand Court Practice Directions","status":"repealed"},"provenance":{"files":[{"file_id":"6125","expr_id":"1267","kind":"akn_xml","filename":"2003-0034_2015 Revision.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2003\/2003-0034\/2003-0034_2015 Revision.akn.xml","content_md5":"8a3565aa719ac1bc5e4a2b41a9efd7eb","byte_size":"261818","http_last_modified":null,"fetched_at":"2026-06-22 15:33:09.636983+00"},{"file_id":"2533","expr_id":"1267","kind":"pristine_pdf","filename":"2003-0034_2015 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/2003\/2003-0034\/2003-0034_2015 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/PRINCIPAL\/2003\/2003-0034\/2003-0034_2015 Revision.pdf","content_md5":"66a022d0e0640821860749dea7fe598a","byte_size":"1195773","http_last_modified":null,"fetched_at":"2026-06-16 04:01:10.670312+00"},{"file_id":"2534","expr_id":"1267","kind":"working_pdf","filename":"2003-0034_2015 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/2003\/2003-0034\/2003-0034_2015 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2003\/2003-0034\/2003-0034_2015 Revision.pdf","content_md5":"66a022d0e0640821860749dea7fe598a","byte_size":"1195773","http_last_modified":null,"fetched_at":"2026-06-16 04:01:10.670312+00"}],"paragraph_count":111,"latest_history":null},"quality":{"expr_id":"1267","doc_id":"1267","quality_state":"known_issue","quality_score":"59","needs_human_review":"t","deterministic_categories":"{duplicate_text,page_header_footer_noise,title_mismatch}","llm_categories":"{}","repair_actions":"{collapse_duplicate_text,strip_page_furniture,verify_title_metadata}","finding_severity_counts":"{\"low\": 1, \"high\": 1, \"medium\": 1}","finding_summary":"stored title is not visible in the opening extracted text; repeated line furniture detected: cayman islands x3; immigration law x59; 2015 revision x4","assessed_at":"2026-06-22 15:29:45.038985+00","updated_at":"2026-06-22 15:29:45.038985+00"}}