Board presses on with residency backlog

| 08/07/2017 | 70 Comments

(CNS): Another six applicants have been granted permanent residency over the past three weeks, as the Caymanian Status and Residency Board presses on with examining around 1,000 outstanding applications that need to be considered after the process was stalled in late 2013. The board has now considered 33 applications since it restarted the consideration process in May, out of which just eight were approved and ten were refused; the rest were withdrawn by the applicants or deferred, and one applicant missed the nine-year application deadline.

The PR backlog has raised considerable controversy for the government, particularly for the premier, who has responsibility for immigration. Alden McLaughlin changed the law when he took office in 2013 to remove the seven-year rollover term limit that had created a barrier to permanent residency access for all work permit holders who did not achieve key employee status, a designation which he also abolished.

The new system was supposed to allow all work permit holders who remained in Cayman for eight years or more to apply for PR while making the process tougher. However, it immediately ran into problems, as the board struggled with applying points in some categories, especially the value of jobs. The courts than compounded the problem when the chief justice found the point system arbitrary and unfair.

The premier commissioner local lawyer David Ritch to review the system. Two years later, the government decided on to solve the problem by giving everyone the same points for their jobs. The Ritch Report, which remains secret despite the pressure on government to release it, is said to contain other recommendations, but it is widely assumed that it also implies that government will have little choice but to grant almost all of the outstanding applicants residency, creating further controversy among unemployed Caymanians.

A recent petition, which campaigners hoped would trigger a people’s referendum, called on government to refuse all of the outstanding PR applications until the local unemployment rate falls and high school and returning college graduates for this year have all found work. However, following comments from the premier that there will be no mass grants as a result of the backlog, that petition has been suspended.

Regardless of the premier’s position on the issue, the government is likely to face a number of legal challenges from people who have been resident for ten years or more and are refused PR. With at least six legal cases already filed and local lawyers shopping around for class action suits relating to the issues, some legal experts now believe this issue will be settled in the courts and not in the ministry responsible for immigration.


Current Numbers of Permanent Residency Applications Reviewed by the Caymanian Status and Permanent Residency (CSPR) Board

  Thursday, 11 May 2017 Thursday, 22 June 2017 Thursday, 29 June 2017 Thursday, 6 July 2017
Number of PR applications considered by the CSPR Board:  

2

 

10

 

10

 

11

Number of PR applications approved:  

2

 

1

 

2

 

3

Number of PR applications refused:  

0

 

5

 

4

 

1

Number of PR applications deferred:  

0

 

2

 

4

 

5

Number of PR applications withdrawn by applicant:  

0

 

2

 

0

 

1

No power (meaning applicant applied after the 9 year deadline):  

0

 

0

 

0

 

1

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Comments (70)

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  1. Anonymous says:

    Innit

  2. Anonymous says:

    I am tired of hearing the rhetoric of British citizens comparing the EU passport to Cayman passport. Don’t compare apples and pears. You as a UK citizen (past tense) could have lived and travelled in any European country too. The difference is Cayman is an ISLAND, hello.. it is limited in space so we can’t accept you sorry bums trying to live the high life here just because you are British. Get a grip. If you were flooded by Immigrants in your home town you would be upset too. So get over yourselves. You not more important or better than anyone else and you getting paid to do your job like anywhere else in the world. Be grateful. Enjoy your time and move on. We don’t need you setting up shop here despite what you think. We have many transient people who want to pass by and live here a few years.

    • Anonymous says:

      You should simply shut up and be grateful for what you have. Every single positive thing about Cayman is due to Britain, so be quiet.

      • Anonymous says:

        Ditto. Every perk you have in our country you don’t get in yours hence why you here. Just because we a British territory doesn’t entitle you to live here and take over. You were born in UK, not in the Caymans. So go back to your country of birth and leave our country alone. Many nationalities contributed to the success of Cayman not just Britain. We a tax haven and hence all countries benefit not just Cayman. Please stop acting entitled and demanding rights that you don’t actually have. If you have 10 million to your name then sure we would consider you but if you a man on the street go trot around the globe, but don’t settle here, you not rich enough for us.

        • Anonymous says:

          You mean, their not rich enough to support all your lazy caymanian arrogance. Yes, you’re probably right –

    • Anonymous says:

      Spot on poster.

      They continuously try to counter my arguments with the passport argument. Personally, I find it so ridiculous, for the same reasons you so eloquently laid out, I refuse to even address it.

      Also, your final point re the limitless source of alternative skilled transient people is at the core of this permanent residency debacle.
      The nerve of these clowns trying to strong-arm Cayman into allowing each and every one in their group to permanently remain because they were fortunate (or hooked-up) enough to land an employment contract.

      Any self-respecting person / expat / immigrant would try their endeavour best to apply those skills and experiences PERMANENTLY to their native countries and improve the standards therein.
      In fact, the rampant refusal to do so should spark interest in their governments’ regarding their practices of educating their citizens with tax dollars only for said citizens to flee forevermore.

      What is the national benefit of this practise? There is none.

      The average tertiary-educated Caymanian has spent on average KYD $50,000.00 (fees alone) for what a Brit possibly received for free, or at most, KYD$ 5,000.00.
      (The UK university top-up fee era is in its infancy.)

      There are so many unexplored aspects to this debate that our government and current administration is missing.
      Hardly surprising though when our Premier boasts of “never in my life being away from Cayman for more than 2 weeks at a time” – as if it is a positive quality of the leader of such a jurisdiction.

      Granted, it is a positive for those arriving with tricks up their sleeves – but his perspective is detrimental for us Caymanians.

      Logic such as that immediately above is why people like you and I are so loathed on this forum.

      – Whodatis

    • get real! says:

      British Overseas Territory -You notice the British part?

  3. Anonymous says:

    I wonder what the Doctrine of legitimate expectations will reveal when applied to these PR applicants?

    You come here on a Work Permit, with no promises and yet you want to demand rights. Go and try that somewhere else and you will see what they will do with you. Even the UK is trying to protect their own.

    • Anonymous says:

      They came here with no promises. They were then promised that if they took certain steps and acquired enough points they would be granted Permanent Residence. Many relied on that and committed to Cayman. The Cayman Islands government then broke the promise it made, and also the law. All applicants seek is to have the law and their rights enforced. If you do not like what is happening, blame your politicians. They are the ones that wrote cheques in your name that they are now refusing to cash.

      • Anonymous says:

        Not even close..they are taking a long time to make an important decision on new legislation. They are not breaking any Cayman laws….you people are just trying to force them through litigation and threats of litigation to grant you PR. Obviously not the people any country would want but our weak government will no doubt yield and give away the country.

  4. Anonymous says:

    Why are apllications being deferred or withdrawn? Does anybody know what the defferals are for? I imagine the withdrawals are due to new pension laws. People cashing in before they leave. Immigration is hoping most leave before november

  5. Anonymous says:

    Seriously why consider any. Admit it was a mistake to pass the law in the first place and not manageable from an admin point of view. Return the fee and move on with the re-instatement of rollover. Admit your failings and carry on. Those that threaten to sue are not people you want living in Cayman anyway. That should be a black mark against them right there.

  6. Anonymous says:

    The saddest thing about Cayman is Caymanians’ inability to realise the immeasurable benefits of being a Caymanian, simply because being one is all we know.

    Pay no attention to the hateful rhetoric and slander being passed around on forums like CNS. Those same ones would sell their Grannie to remain – all the while turning up their noses to Caymanians as a defence mechanism as their entitled egos cannot handle the reality.

    No where else in the western world is immigration being promoted as a plus or positive – especially at our rate.

    In fact, we now see holy men, top European politicians, and super-rich philanthropists warning the western world against the embrace of those fleeing wars, famine, hopelessness and despair – simply looking for a chance of basic survival.

    Yet here we are being backed into a corner to award “first world” citizens a jackpot of (even more) wealth and a way of life beyond their wildest dreams – all the while failing to ensure the same opportunity for own Caymanians.

    This is the height of absurdity.

    – Whodatis.

    • Anonymous says:

      Just as a small counter argument, those applying are already here, there isn’t an increase being generated by granting status/PR, that increase was in place because there was a need to fill a role and reconfirmed annually for a decade through the immigration process.
      Most immigrants in the Western world are a net new to the country, and generally they start life as a drain on resources with housing, education, welfare etc. In Cayman from day one people contribute through work permit fees, work, paying for housing, education etc.
      The numbers aren’t that different either, lets say Cayman has 1,000 PR applicants spread over 4 years, that’s less than 1%/year (assuming 30k Caymanians) Take the UK with 60 mio people, they take in around 1% annually of the ‘expensive’ net new immigrants.

      • Caymanite says:

        The only nationality that number 30,000+ are Jamaicans. There are far less Caymanians and they’re dying at the rate of 5 per week.

        • Anonymous says:

          Re: Caymanite- They may be dying at a rate of 5 per week. However the birth rate through unplanned pregnancies and teens having children surely surpasses that. I once worked with a young lady who already had 5 children by age 22 and was having more. She told me she was going to ‘fix’ the expat population by having more kids. I’ll leave the fact that their were 3 different Dads involved in the first 5 conceptions for another discussion. How do we solve this social/community challenge? It contributes to increasing poverty and may contribute to increased crime too?

    • Veritas says:

      4.56am you have sure reached the height of absurdity with your native comments. You are right in one thing “being Caymanian is all we know”. As for hateful rhetoric this is the only subject where you achieve a high score.Grab your British passport and travel round Europe to see how the real world works.

    • Anonymous says:

      The same opportunity? A Caymanian can receive a BOT/British passport and go and work in the UK (& indeed all of Europe while they are still part of it) no issues with permits or fees and be judged based on their own merit and ability – it’s called the common market where the best person for a position gets the job – simple! They can also apply/receive social welfare and free NHS medical care (until it gets sold off at least)! However 99% of expats who come here have accepted the conditions of permits and local/qualified persons first (*which in my opinion is a good policy and shows the want/will of the Government to look after it’s people which is as it should be – but they have failed the people by not upholding the laws or policing the laws adequately) and then bowed to the burden of PR requirements and paid the fees involved which were enacted by Government – a Government voted for by the people of Cayman to represent their needs and views and to act on their behalves… But the Government has breached their own laws.. They have delayed and deceived in order to prolong their stay in office and so they are culpable under law the same as any one else who breaks/bends the law. The requirement is in place for 60% Caymanian ownership of companies and let’s just suppose hypothetically that 80% of companies in Cayman are indeed owned by Caymanians then sure they are doubly at fault for not insuring the hiring/promotion of qualified/deserving locals? Just a thought…

      • Anonymous says:

        Its not that easy. A Caymanian attorney for example cannot be admitted to practice in the UK automatically. There are criteria and in some cases, they have to complete a set of articles in the UK and start from scratch. Its not black and white across the board.

        • Anonymous says:

          There are also many hundreds of Caymanians who are not entitled to Cayman Passports, let alone British passports.

    • Datisme says:

      The saddest thing about Cayman is people like you. Thankfully still a minority.

    • Anonymous says:

      So says the British Overseas Territories Citizen. Naval exercises got you nervous?

      • Anonymous says:

        Good point. Perhaps we really should be nervous.

        After all, we don’t have the complexion for the protection of her majesty’s armed forces.
        Next thing we know Cayman will be declared as a protected colony for our green turtles and we’ll all be trans-shipped to the Pitcairn Islands.

        Wouldn’t be the first time “British Overseas Citizens” were subject to that precise treatment from their “mother country” – the racist b*tch.

        – Who

        #DontGetVexatWhoGetVexatHistory

    • Anonymous says:

      “Throw me corn, me na call no fowl,
      Dem goin’ cloop cloop cloop, (cloop cloop, cloop)!”

      – Who

    • Jotnar says:

      Says the guy granted Caymanian status through no action of his own.

  7. Anonymous says:

    There are still going to be legal challenges due to the gross negligence due to the inaction and delays. I know if I were to be denied I would sue, at least for back application fees, they took funds for which they had not reasonable expectation of providing services. That is fraud.

  8. Anonymous says:

    Poor Board Members. They do not have much say into these matters. This is bigger than them.

  9. Anonymous says:

    I am really bored with this story…. here, The Compass who beats it to the death and now Cayman News 27 who always follows Compass lead. The applications are being processed! Do we really need a weekly update on Immigration PR applications or law suits. Seriously is it a slow month here in Cayman for news or what! MOVE ON PEOPLE!

    • Anonymous says:

      If you knew it had the potential to bankrupt your country and that the authorities have still not grasped the fundamental issues, you may be more excited. It is also quite important that government is being forced to abide by its own laws, something it seems not to be used to. May it continue until the message sinks in.

    • Anonymous says:

      If you are bored move on yourself. This will have a greater impact on your life than you can comprehend. Please leave it to those who have the smarts and continue to ;make sure you can survive here.

    • Anonymous says:

      Nah. They won’t move on.

      This is their Holocaust judging by some of the idiots on this forum.
      “Never forget!!” they holler.

      They’ll be the same ones voting for Brexit and Trump’s travel ban back home.

      Entitled, fragile little snowflakes they are.

      (Wait for the feigned outrage of “anti-semitism” about to come my way now, lol! They truly have zero shame.)

      So annoying is this bunch.

  10. Anonymous says:

    Would someone please tell me when my March 2015 application is likely to be heard?

    • Anonymous says:

      If it was up to me I would give you an answer right now…120 points less 130 penalty points for threats of lawsuits, complaining about an incredible honor taking too long, and general ungratefulness.
      Bon voyage

    • Jotnar says:

      Since you have presumably been here more than 10 years given the 2015 application, and the delay exceeds the limit established by the Privy Council, when you issue a writ it will magically gravitate to the top of the pile and be granted. Or at a clearance rate of 1 a week faster than new applications, probably in about 10 years.

  11. Anonymous says:

    And if a class action had not been threatened, none of the applications would have been considered.

    • Anonymous says:

      Well we had the weakest government ever…they folded like a cheap suit at the slightest external pressure.

  12. Anonymous says:

    Every country deserves the Govt. they get, because the people votes them in over and over again, Blame the people not the politicians.

  13. AlanP says:

    They need to be finished by the end of the year because of the pension issue.

    • Anonymous says:

      They need to be finished by October because of the Pensions issue. People need to have given their 3 month notice and have left employment by 31 December.

      • Money Hogs says:

        Hope more foreigners leave too!

        • Anonymous says:

          If foreigners leave they will take the opportunity for you to live in the modern world with them. Are you really that stupid to think that all this money comes from Caymanians? Are you ready for no electricity, cars,AC,and food?

          • Anonymous says:

            Yeah because we didn’t have those 10 years ago before you were here. You are and I truly hope will be easily replaced.

  14. Anonymous says:

    At least the people doing the stupid petition has seen the light and it’s now dead.

  15. Jotnar says:

    1000 backlog, 250 a year coming in and they are clearing less than 10 a week ( the deferred ones still have to be addressed). Sounds like “pressing on ” to me.

  16. Anonymous says:

    Cool. At this rate it will take 2 to 3 years just to deal with the backlog.

  17. Anonymous says:

    6 in 3 weeks. And you clowns want to be taken seriously.

    • Anonymous says:

      Go back to your ‘serious’ home of a broken country.

      • Anonymous says:

        I am , taking my rent , school fees , pension and everything else we spend in businesses owned by people that in any country other than cayman wouldn’t be qualified to run a hot dog stand . Imported workers made this country what it is and the terrible treatment and non stop complaining will eventually drive every one away . Coupled with the collapse of the tourist industry when Cuba opens up to the U.S properly and what are you left with ?
        What you are really entitled to . NOTHING.

  18. People's Popular Front says:

    The Board should be able to deal with the applications in short order. Those applicants who meet the points criteria, or who have been resident in Cayman for 10 years or longer, or whose application has been pending determination for 24 months or longer, should be granted permanent residency without further discussion or deliberation. To deny or defer decision on any of these candidates is pointless (as they have an unarguable case), and to do so would simply incur substantial cost to the government in costs for appeals that the government is bound to lose and damages.

    Furthermore, should the Board not realise this and attempt to silly political games, the courts should take a firm view and award punitive damages (say 1 million KYD per case) against both the government and each of the Board members personally and severally. Bankrupt them for abuse & discrimination.

  19. Anonymous says:

    33 in 2 months – another 933 to go – should only take 5 years or so to clear the backlog then!!

  20. Anonymous says:

    It will end up higher than 33%…thanks Alden..said no Caymanian ever

    • Horsey says:

      It is disgusting and the patriotic robbery of the islands history is a bandit style move by your govt mate.

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