All jobs to get same points in new PR regs

| 08/03/2017 | 58 Comments

(CNS): Government has finally published revised immigration regulations regarding the controversial point system that forms the basis for granting or refusing permanent residency applications. In a short statement circulated by his office Wednesday, the premier said the changes to the regulations should allow the board to begin considering applications again. The changes rectify what was found by the courts to be the arbitrary and unfair awarding of points for the type of jobs that applicants hold by giving everyone 15 points for their job but more points for years of experience in their profession.

The government has left in the item allowing for the designation of priority occupations that could earn an applicant another 15 points if they hold one of the specified jobs.

Premier Alden McLaughlin stated that the new regulations addressed the issues raised by the court in the Hutchinson-Green case, which stalled the process of considering applications in the summer of 2015.

The premier said that Cabinet had approved revised regulations, “which address the concerns by allowing for a resumption of processing of applications by the board and the chief immigration officer”.

He added, “Pending appeals will also need to be dealt with by the Immigration Appeals Tribunal. We undertook to amend the regulations to get the Permanent Residency application going again, and we have now done so.”

The revised regulations also deal with some fine tuning when it comes to the amounts invested in property, they increase the scope and points for Cubans with Cayman connections to get PR and increase the age where an applicant can still earn points from 60 to 65 to take account of the increase in the retirement age.

The long-awaited amendments are a direct result of the legal challenges raised in the court about the arbitrary nature of the point system. But almost no applications for permanent residency have been considered by the PR board since the end of 2013 following the changes to the law itself that essentially abolished the controversial seven-year rollover.

Those changes paved the way for every person who comes to Cayman to work on a permit the chance to remain long enough to be entitled to apply for residency – removing the key employee status that had previously been required to allow permit holders to stay past the seven-year term limit.

This meant everyone could apply for PR. But the premier stated at the time of the change that government would make it more challenging to achieve the points needed to get residency and that more points would be required.

CNS understands that no more than a handful of applications made after the new law was implemented have been heard and there are now well over 900 outstanding applications. Some of those date back to late 2013 and some applicants have now been resident in the Cayman Islands for ten years or more.

But it is understood that the local government has been advised by the UK that ten years is the latest point that it could deny people residency rights for any reason, and speculation has mounted that refusing PR to people who have lived here without interruption for more than ten years would result in successful legal challenges.

These amendments to the PR point system, which gives everyone the same points regardless of their job and points for every year worked, so long as they have at least two years in the profession they are in at the time of application, are relatively minor.

They come following a review of the immigration law by local attorney David Ritch, whose report on the subject has been kept firmly under wraps despite a drawn out freedom of information battle, as the premier has insisted that it was privileged legal advice rather than a report regarding public policy.

But the amendments suggest that this was not the sum of Ritch’s findings and that this government and the next are likely to face many more challenges regarding the myriad issues relating to the local immigration and labour system.

See amendments and original regulations in the CNS Library

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Comments (58)

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  1. Anonymous says:

    So now Cayman is one of the few countries in the world that can’t use needed skills in immigration policy…on judge makes a naive statement and the government folds like a cheap suit.

    • Anonymous says:

      Maybe if a judge makes a statement about how totally ignoring the immigration policy for the sake of work permit revenues and a surplus budget may not be a great thing for the Caymanians seeking employment or advancement, Adlen will stop his work permits for everyone policy.

    • Jotnar says:

      The Chief Justice is hardly naïve – and completely ignoring what he in fact did say, and then making completely unrelated changes to the legislation in the hope that you can then a) get rid of the law suits by giving everyone more points and b) pretend its all the Chief Justices fault, is not folding – its a lot worse than that. Doesn’t solve the actual legal problem, and undermines the purpose of the points system in the first place. No wonder he doesn’t want to show you the Ritch report.

  2. Anonymous says:

    It doesn’t make any difference if they are not processing any applications….

  3. Anonymous says:

    I expect the license plate transition to go this well.

  4. Anonymous says:

    Almost equal rights! Wow, the HCR will be happy. Do I get extra points if I am Gay?

  5. Anonymous says:

    Well, they need more people to fill all the new condos that are being built. And they will be on the wealthier side because that is all that is being built. High end living that no Caymanian can afford. You folks better go back to school to get a better paying job so that will be one less permit needed and you might be able to afford to buy a place to live.

    • Grand Cayman Trush says:

      Even with a degree I can’t get a job. Expats have preference over caymanians. Remember we are lazy, in breeds and self entitlement nation.

      • Georgia says:

        So true, no matter how far we go education wise we will always be second option when it comes to being hired. We could have the highest degree required for a position and years of experience, once an expat applies even if they have a lower degree and less experience they always have a better chance of being employed and paid more than we would have received. Some of you may think oh I’m just another bitter Caymanian and so on, sorry but no I aint, I am just speaking facts and personal experience and also soneone who has accepted this because it will remain so for a very long time.

      • Anonymous says:

        The belief that a dodgy degree from a fourth rate institution in Florida is a guarantee of employment is a good example of the entitlement attitude. Atrocious grammar does not help either.

        • Anonymous says:

          Just chiming in to say the Russell Group isn’t good enough either in my experience. Nor the Golden Triangle for that matter.

  6. Anonymous says:

    Certainly, there must be some changes we haven’t been advised of.

  7. Sharkey says:

    Mr Premier you have not done a thing to fix the problem. All you have done is that the dishwasher up to the secretary get the same PR points , but up from the secretary up to the Managing and up gets another 15 points . Why you are playing the game on the lower class , and not playing a level playing field ?

    • Anonymous says:

      As a Shark, clearly at the top of the food chain, you above all should understand…unless you are really an anchovy?

  8. Nunya says:

    Don’t you have to be employed in order to apply? Am I missing something? So that would mean a free 15 points to every applicant. What’s the purpose of that – just reduce the total required points by 15 in that case. Why have this category – is what I’m asking I guess.

  9. Anonymous says:

    The Irish that come here are the most clever, they pretend to be all “smiley” and fun but only employ their own when put in management positions. Caymanians are ridiculed for looking out for each other when other nationalities come here and practice the same. These Islands, where a majority of PR seeking expats don’t really care about Cayman will be bullied into giving out PR. A serious blunder by the government who promised to put Cayman first.

    • Anonymous says:

      Yeah I’ve been verbally humiliated by a few Irish when I was applying for positions they were holding for their Irish buddies.

    • Anonymous says:

      By their own you mean happy and smiley? Try smiling instead of looking like a fresh caught grouper now and again! Every little helps a lot! 🙂

    • Anonymous says:

      Sounds like typical lazy and entitled Irish behavior… expect to be partners after their first year of work because they’re born… oh, my mistake.

      • Anonymous says:

        3.50 Born to dig roads?

      • Anonymous says:

        The Irony when people from countries where living off benifits is a way of life calls Caymanians lazy.
        Actually I am glad you are speaking out because this is exactly what you think of us but you still here right? And you also want us to issue you and your family PR?

        • Anonymous says:

          Last I saw CIG doesn’t issue PR anymore 😉 one more simple thing that has been turned into a circus. The only thing more difficult than PR is getting a license plate that’s not a piece of paper lololol

    • A nony mouse says:

      No Irish, No blacks, No dogs? Lets stop with the ridiculous stereotyping of whole swathes of humanity based on a personal opinion of one person – it leads down some very ugly, dangerous and tragic roads. lets be bigger than this and let every man stand on his own merits.

  10. Voter says:

    I still want to see the Ritch report. Don’t tell me no, and then expect me to vote for you!

    • Anonymous says:

      One thing we should all be confident of. David Ritch did not charge north of 300K to advise them to give everyone equal points for occupation.

      This is a dereliction of responsibility by the government and ought to be views as an outrage to Caymanians who are simply having their futures given away and a slap in the face to expats who are being treated with disdain and contempt.

      We are entitled to better, and should demand it.

      • Anonymous says:

        Wrong. You don’t know anything about what he advised. That’s all I’ll say.

        • Anonymous says:

          If giving everyone 15 points for occupation was the valid fix, it could have been pointed out in 10 seconds.

          • Anonymous says:

            Flaws in the system had to be addressed with changes favourable to applicants to avoid legal challenges. Free points apparently aren’t enough for you people. Good grief.

            • Anonymous says:

              No, because it destroys the system, is not rational and will expose the Caymanian people to incredible negative economic consequences as we load the society up with foreigners in positions that Caymanians can and ought to be filling.

  11. Anonymous says:

    Another nail in the coffin. Political interference in areas where it doesn’t belong is the downfall of this country.

  12. Pissed off says:

    What? Years and years of delay, lives put on hold, expensive reports and all this secrecy and these are the only changes? It amounts to nothing. I was already expecting 14.4 points for my occupation and will now get 15. And still no published list of the ‘priority occupations’. Well whooppee doo.
    In the meantime I had to turn down the offer of a very good job because I couldn’t risk losing points for my occupation change while waiting for my PR to be heard. And we have put our house building plans on hold now for 3 years while we wait for the decision about whether we can stay, which is probably still years away due to the huge backlog.
    I appreciate that PR status is controversial and Cayman has to be protected from massive unwanted immigration, but living for years under this pressure of not knowing if you will be forced to leave your home is just inhumane. No wonder the Government is facing dozens of court cases.

    • Anonymous says:

      If people were definitely going to get the points they were ‘expecting’ this measure would not have been implemented. These are the only changes that can be made in the time frame people are raising holy hell about. The system needs a complete overhaul and a managed transition to something different and simpler. Only another 4 year term is going to be enough to address the many problems. As long as people have no patience the system will never be fixed for good. It is well appreciated that people cannot order their lives without an efficient process and some certainty but unfortunately attempting to implement a strict system that allowed people to self-assess created many new problems. The Government is trying to find a way to give away more and more of our birthrights in a way that pleases people who come here for the pot of gold but it isn’t easy. I will never understand why people who came all the way out to this little island from whatever big country they came from are so scared to pack up and leave if they don’t like the way we do things. You guys betray the truth every time: you desperately want to stay and so what is our imperative to rush you through the process of becoming a permanent citizen? Nothing. There are always more economic migrants. Get used to it – we have to make this work for us first and you second.

      • Anonymous says:

        Rushing – I don’t call waiting THREE years after application was submitted rushing. If your passport were to expire within one year and, like the decent person you are no doubt, gets all your paperwork together and submits it in very good time, would you be happy to STILL be waiting three years later to receive it, not being able to make plans to travel etc. AND to add insult to injury, to have to pay a substantial amount for that application at the start only for Government to sit on that money for three years? Please don’t tell me you are that much of a patient man/woman. If the rules state a time limit for you to submit your application and you abide by said rules, you would expect such application to be heard in a relatively timely manner – three years, two years are unacceptable.

  13. Anonymous says:

    Thank God a decision has been made.

  14. Anonymous says:

    Election year?

  15. Diogenes says:

    I thought the Courts objection was not to the points awarded for employment, but the fact that up to 15 points may be awarded for strategic employment based on a Cabinet decision with no clear or rationale criteria as to how the determination would be made. The points designated by job at least had a basis – the number of permits in issue – even if it appeared to produce some bizarre results. They have not removed the provision for Cabinet to determine the 15 points, and they have not reduced the threshold pass rate (which presumably includes the possible 15 points), so they have not really dealt with the Chief Justices concern at all. This means any disgruntled applicant will still have a judicial review window open.

    On the other hand, they have now awarded the same number of points to every single job, significantly reducing the difficulty of getting PR without any inherent logic whatsoever as to how this will protect the economy. The system now actively encourages economic immigrants, provided they are sensible enough to set up house with a Caymanian and engage in community pursuits. Its 2004 status all over again.

    • Pissed off says:

      Yes exactly that. The courts question was about the arbitrary 15 points for priority occupation when the list of these had not been published. There was nothing wrong with calculating points based on the ratio between Caymanians and WP holders. Why change that? Giving everyone the same points for occupation only appears to give a greater chance of PR now to those in occupations that directly compete with Caymanians wanting the same jobs. Surely that is the opposite effect to what the government wanted.

      • Anonymous says:

        They have totally lost the plot. The new regs don’t even begin to tackle the issue raised by the Chief Justice. Sheer political cowardice.

  16. Anonymous says:

    Here we go again! Basically everyone is accepted!

    • Anonymous says:

      As expected this will be a PR give away. So we have the Premier’s “work permits for everyone” policy which pretty well guaranteed expats their jobs until they could apply for PR…and now pretty much guaranteed PR. I hope Caymanians put on some nice lipstick for Alden cause he totally screwed you.

    • Anonymous says:

      Yup, the importation of poverty has just been accelerated. Population 100,000 here we come with no consideration as to whether it is sustainable or what Caymanians will do for a living!

    • Anonymous says:

      Not quite but don’t let fact get in the way of a good sound bite.

  17. Anonymous says:

    The new govt elected in better ensure that the roll over policy or something else is implemented. These new ‘Caymanians’ on a mass scale have no interest in Cayman other than lining their own pockets. I have worked with many Canadians that were the sweetest souls until they became Caymanian and at that point only hired other Canadians.

  18. Anonymous says:

    Morons. Giving everyone 15 points no matter what their occupation is the very definition of arbitrary. It also means that everyone will get PR. You thought the cabinet status grants were bad?

    • Anonymous says:

      How does giving everyone 15 points for occupation out of a required 110 points mean everyone will get PR? Everyone had points for occupation already. Some may now get an extra 2 or 3 or maybe even 10, but that still leaves 100 more required points.

      • Anonymous says:

        Easy.
        15 points for occupation.
        If you are earn $1,000 a month and have CI$600 to your name, you get maximum points (15) for being wealthy.
        If you help out at church every weekend for 8 years, you get 12 points.
        If a Caymanian gets you pregnant, or even better, you get a Caymanian pregnant, you get 40 points.
        If your sister marries a status holder and gets status, you get 20 points.
        If you attend the course and take the history test, you get at least 18 points.
        If you are from anywhere other than the UK, US, Jamaica or the Philippines, you get 10 points.
        If you are 35 years old, you get 10 points.
        If you have a taxi drivers license you get 15 points.

        I make that 155 before we even ask about property investments (30 points), being the right type of Cuban (100 points), or claiming you are in a priority occupation (15 points).

        Come one come all!

        Hell, all the kids will just get it automatically.

        One question.

        Who is going to pay for this, and how?

        • anon says:

          you have doubled up points there – maximum is 40 for “cayman connection” you included 60 – also under what section does someone get 15 points for a taxi license. By my reconing the max points this person you describe could have is 105 – i.e. no pr for them despite being a parent to a Caymanian!

        • Anonymous says:

          You are so wrong on a number of points – too many for me to go into right now. But just for the sake of providing example, if you earn $1,000 a month you do NOT get maximum points for being wealthy. Secondly, the taxi drivers permit (license) is only issued to Caymanians. Why would a Caymanian be applying for PR?

        • Anonymous says:

          You list becoming pregnant by a Caymanian and your sister marrying a status holder. Getting priority occupation as as a taxi driver. The 15 points for occupation is the clincher though? Lol!

        • Anonymous says:

          too much traffic in the mornings – no PR for expats!

          • Anonymous says:

            The cause of traffic is because of Caymaninians!! 1 cayman family own all 10 and 15 cars because they love to compete with their kind!!

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