Immigration (Work Permit) Directions, 2022

Immigration (Transition) Act (2022 Revision) IMMIGRATION (WORK PERMIT) DIRECTIONS, 2022

PUBLISHING DETAILS

Paragraph 1

Immigration (Transition) Act (2022 Revision) IMMIGRATION (WORK PERMIT) DIRECTIONS, In exercise of the powers conferred by sections 5, 58 and 73 of the Immigration (Transition) Act (2022 Revision), the Cabinet makes the following Directions — Citation and commencement (1) These Directions may be cited as the Immigration (Work Permit) Directions, (2) These Directions come into force on 31st March, 2023. Waivers for work permits only in exceptional circumstances (1) The Director of Workforce, Opportunities and Residency Cayman Office, the Work Permit Board, the Business Staffing Plan Board and the Cayman Brac and Little Cayman Immigration Board, shall not grant waivers from job vacancy registration and advertising requirements except in very exceptional circumstances. (2) For the purposes of this paragraph, “very exceptional circumstances” include — (a) where there is clear evidence that a waiver is urgently required; (b) where the skills and experience required for the position are of such specialized nature that it is extremely unlikely that there is a—

Paragraph 3

(i) Caymanian; (ii) holder of a Residency and Employment Rights Certificate issued under section 37(5), 37(16) or 38; or (iii) person legally and ordinarily resident in the Islands, who is qualified and willing to be employed in the position; or where the employer is seeking to employ a babysitter, nanny, specialist caregiver, caretaker, private chef, butler or any other worker in a personal capacity. Monthly report of waivers A report of every waiver in respect of job vacancy registration requirements under regulation 4(2) of the Immigration Regulations (2019 Revision) and regulation 3A(4) of the Immigration (Transition) (Temporary Work Permits and Business Visitors’ Permits) Regulations (2022 Revision) shall be submitted to Cabinet on a quarterly basis by the relevant Board or by the Director of Workforce, Opportunities and Residency Cayman Office.

Made in Cabinet the 13th day of December, 2022.

Kim Bullings Clerk of the Cabinet