Summary of
CBA Immigration Proposals

1. Work Permits

(a) Policy for those who obtain work permits after the date on which the amendment law comes into force (the "Effective Date"):

• The Immigration Board ("Board") should grant 2 year permits, subject to there being no available Caymanians, until a person has been a permit holder for 10 years continuously.
  
  
• Once a person has been a permit holder for 10 years continuously the Board should then examine the person's background to determine whether he has demonstrated a sustained commitment to the Islands. In making this determination the Board should satisfy itself that the person meets the following criteria ("Commitment Criteria"): the relevant individual must be of good character and during his time in the Islands must have demonstrated a sustained commitment to (a) the betterment of Caymanian society, (b) the occupational advancement of Caymanians or (c) the enhancement of the Caymanian economy.
  
  
• The Commitment Criteria are not meant to be an exhaustive list of the factors that the Board may consider in determining whether a persons has demonstrated a sustained commitment to the Islands. Rather, the Commitment Criteria are meant to guide the Board in making its determination as to whether a person has demonstrated such a commitment. The CBA believes that it is far easier to recognise commitment than it is to define it and the CBA would not be comfortable with a definition for Commitment Criteria that, for example, would allow any person who donates a certain amount of money to charities in the Islands or who joins a service club to satisfy the criteria. In order to limit the Board's discretion and provide the Board with further guidance, the CBA believes that it will be necessary for immigration directives to be laid down which describe the factors that the Board should consider in determining whether a person satisfies the Commitment Criteria.
  
  
• If the person satisfies the Commitment Criteria then he should be granted a five-year permit.
  
  
• At the expiration of the aforementioned five-year permit the Board should again consider whether the person satisfies the Commitment Criteria and if he does the person should be granted permanent residence with an unrestricted right to work ("Permanent Residence").
  
  
• If a person does not meet the Commitment Criteria on either occasion then he should be granted a final two-year permit. The rationale for such permit is that it will allow the person's employer adequate time to find a replacement and will allow the person to settle his affairs in the Islands.
  
  
• If a person has been granted a final two-year permit and such permit has expired then such person should not be entitled to apply for a work permit until after he has been resident outside of the Islands for at least two years. There are two reasons for this mandatory gap in residence. The first reason is that it makes it much harder for a person who has resided in the Islands for more than 20 years in aggregate but who had such a gap in his residence to argue that he had an expectation of being granted some form of security of tenure eventually. The second reason is that it will force an employer of a person who is subjected to the gap in residence to find a replacement, who hopefully will be a qualified Caymanian, rather than holding open such person's position until he returns to the Islands.

(b) Policy for those who have work permits at the Effective Date:

• Different rules would apply depending on how long a person has continuously been a permit holder at the Effective Date.
  
  
• If a person has continuously been a permit holder for less than 5 years then the policy described above for persons who obtain work permits after the Effective Date should be applied to such person.
  
  
• If a person has continuously been a permit holder for at least 5 years but less than 12 years then such person should be granted permits, subject to there being no available Caymanians, until the person has been a permit holder for 15 years continuously at which time the Board should determine whether he satisfies the Commitment Criteria.
  
  
• If a person has continuously been a permit holder for at least 12 years but less than 20 years then such person should be granted permits, subject to there being no available Caymanians, until such person has been a permit holder for a continuous period of 3 years after the Effective Date at which time the Board should determine whether he satisfies the Commitment Criteria.
  
  
• If a person satisfies the Commitment Criteria then he should be granted Permanent Residence.
  
  
• If a person does not satisfy the Commitment Criteria then he should be granted a final two-year permit.
  
  
• If a person has continuously been a permit holder for at least 20 years then subject to the Board being satisfied that he is of good character he should be granted Permanent Residence.
  
  
• If a person has been granted a final two-year permit and such permit has expired then such person should not be entitled to apply for a work permit until after he has been resident outside of the Islands for at least two years.

2. Permanent Residence

• If a person has continuously been a permit holder for at least 20 years then such person should be granted Permanent Residence subject to the Board being satisfied that he is of good character.
  
  
• Permanent Residence may also be granted as described in section 1 above.
  
  
• Any person granted Permanent Residence should not be restricted to working in any particular job or profession.
  
  
• The spouse of any person who has Permanent Residence should be entitled to apply for Permanent Residence subject to the same principles that currently apply to a non-Caymanian spouse of a Caymanian obtaining Status (see Section 16(5) of the Law).
  
  
• If a person can show that for at least 15 of his first 18 years of life he had been physically resident within the Islands then he should, as of right, be granted Permanent Residence. Any time during which a child is attending boarding school abroad would not be considered time that the child is physically resident in the Islands. However, any time during which a child is attending university abroad would be considered time that the child is physically resident in the Islands. The rationale behind the latter definition of "physical residence" is that it would ensure that only those children who have actually grown up in the Islands and are likely to be fully integrated are allowed to obtain Permanent Residence.

3. Caymanian Status

• Subject to the one exception described below, Caymanian Status ("Status") should be granted only to the children of those possessing Status, to those persons with close Caymanian connections or to those persons who are married to Caymanians (in accordance with the provisions of the current law). The statutory provisions for Status to be granted on the basis of residence alone should be repealed. The rationale for the aforementioned policy is that it is an attempt to ensure that, even if Caymanians are outnumbered in the future by those holding work permits or Permanent Residence, Caymanians will still be able to retain control of the political process by being the only persons entitled to vote.
  
  
• If on his 18th birthday a person is able to show that for at least 15 of his first 18 years of life he had been physically resident within the Islands and is also able to show that one of his parents and one of his grandparents has Permanent Residence or Status then the person should be granted Status as of right.
  
  
• Sub-section 16(3) of the Law should be deleted. Our rationale for this suggested change is that under such sub-section it would be possible for someone with only a tenuous connection to the Islands to obtain Status.
  
  
• In order to make it more readily understandable by the layman, sub-section 16(8) of the Law should be reworded to read as follows:
  
  "Any person who has attained the age of eighteen years and who has been ordinarily resident in the Islands for the period of three years immediately preceding his application may apply to the Board for a grant of Status if, at the time of his application, at least one of his parents and one of his grandparents has Status."
  
  This amendment is not meant to be a substantive amendment of such sub-section but merely a rewording thereof.