Court ruling finds PR system breaches BoR
(CNS): The Cayman Islands Government’s troubles with the permanent residency system got a whole lot worse on Thursday when the Court of Appeal declared that the Immigration Act is incompatible with section 9 of the Bill of Rights, which deals with family and private life. Two individuals whose PR applications were denied over insufficient points appealed the decisions and the court found that the failure to consider anything other than the points the applicants score is not compatible with the Constitution.
Although this is a narrow point and one that, in this case, failed to assist the applicants involved, it could have far-reaching implications for many other applicants.
The court has effectively ruled that if a person applying for PR presents a good enough argument under section 9 of the Bill of Rights that their family or private life would be detrimentally impacted if they are forced to leave, there should be an alternative means for considering issues not addressed by the point system that could help someone secure the right to reside here even if they fall well short of the points needed.
Leon D’Souza and Joey Buray were both represented in the appeal by Alastair David, a senior associate with HSM Chambers, who argued that their right to a private life was infringed when they did not get enough points and therefore faced an enforced exit from the Cayman Islands, where both men have now lived for more than 14 years.
However, they were not ultimately assisted by the findings of the appeal court. The judges concluded that neither of them had made a case that there was a specific or compelling reason outside of the points they earned that should also be considered. Nevertheless, the court made it clear that not providing another route to residency (other than marriage) to cover exceptional or special circumstances for any applicant breaches the Bill of Rights.
“The absence of any provision which allows for consideration of section 9 factors other than within the points system, and the legislative exclusion of any possibility of granting permanent residence other than under that system are… incompatible with section 9 of the bill of rights,” the court concluded.
The judges said that they should not dictate what parliament should do to remedy the situation, but they pointed to provisions in the UK legislation where exceptional cases or the individual circumstances of an applicant not covered by the point system can still be considered.
“While it is gratifying to see that the Court of Appeal agrees with our submissions that the current law is incompatible with the Bill of Rights, this has been something which HSM Chambers has been raising concerns with for over six years,” David said in response to the findings.
However, he noted that the judgment should not be viewed as meaning that all expatriates will be able to obtain PR. Subject to any legislation change, David explained what the ruling could mean in pratical terms.
“I envisage it will mean that there will be an increase in numbers of expatriates who can stay past their notional rollover date on the basis of their strong family life or private life connections which they have established in the Cayman Islands,” he added.
HSM is representing dozens of clients who are currently waiting on delayed PR application decisions. The firm said it hopes that applications for people who achieved 110 points will move forward and granted regardless of this new court ruling. Some cases have been pending for more than a year, and PR applications via the points system are taking up to 15 months because the Caymanian Status and Permanent Residency Board is still not considering them.
Up until now, individuals who don’t get 110 points have no other way of remaining here and are required to leave the Islands for at least one year. But the government will now need to provide a revised legal framework for the consideration of pending and future applications so that an applicant’s constitutional rights can be considered.
A committee chaired by local attorney Steve McField that is looking at the point system in general will now need to consider this latest ruling when it finally makes any recommendations to Cabinet. But previous committees and reviews have failed to address previous legal rulings to make the immigration act and the system meet the requirements of the Constitution.
CNS has contacted both Premier Wayne Panton and Labour Minister Dwayne Seymour about the appeal court decision, and we are awaiting a response.
See the ruling in full below:
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Category: Local News
Oh boy. That ‘Bill of Expat Rights strikes again.
The Billbof rights us obviously being used to fight for foreigners right as I have not heard of one case fighti g for the rights of Caymanians.
Take this case.. the rights of the majority of Caymanians will be trumped by the ‘rights’ of expats who fail to qualify for PR.It’s like the court is saying. “Cayman you have to give these people a way to get PR even if they fail the test”. Funny Colleges don’t do that. There’s no law saying ‘You have to give Joe a way to get that degree even if he doesn’t pass the test’.
“Jesus would have said…he that is amongst you that is without sin…cast the first stone!”…..i have 2 kids from previous marriage…one finishing masters in usa ..other finishing bachelor’s in uk…not bad for a single man huh? blessed are the little children for such is the kingdom of god! i going home this evening..get on my knee’s and pray for you all! and pray for immigration…that we may see change here in the not too distant future…dont let hatred marr your vision..!
I will pray to the God of Pastafarians, and hope their noodly appendages bless you.
R’amen!
Its so sad we have so many here now trying to willfully destroy these little Islands we called home. The saddest part we have the same amount of fools praising and thanking them for doing it. Ain’t that right 1048pm and 1147pm Idiots!
I’m sure you’ll think different one day if you were to need an attorney to help defend your rights.
ok..lets lay it out in laymans..simpler terms..say you have a son that have a young child by a foreign woman…u at airport..because he cant afford pay immigration permit to keep her here taking care if child? or she unabke to get job in 3 weeks time..so immigration says she has to go….a baby crying y screaming down place…your son also crying as family being split …just to satisfy a few insensitive uneducated ppl who cant see through it? kid has no fault? immagine having go back to crime ridden country…growing up in poverty? yes…my child is a generational caymanian who is recognized as same as native as i am? yet without right? what would jesus think and do…immagine your son being forced into a marriage ..just to give your child the right of a mother and growing up in cayman? my child comes from boddens…dixons…ebanks and scotts….basically related to everyone on island…yet u want treat the kid this way? and yes…i am a CPA…i earn a very high/good salary…i will file a case and show you guys your error? i dont see the courts denying a child the affection of a mother? heck they refused to deport a guy the other day because of bill of rights…because he had children here? and yes…i am a 7th geberational caymanian…very “happily divorced!” excelling in life as a single person…i even help some fellow caymanians financially in past…and continue..within reason…as we are our brothers keepers and GOD has been good to me!
You are a CPA? Don’t make me laugh. Not with this example of writing.
Let them take an oath that if they violate any laws of the Cayman Islands within a specific period of time your permanent residency will be revoked and you must leave the Island within a given period of time once proven guilty in a court of law.
So not really significant. It basically puts a ‘special circumstances’ box on the decision form. All the board has to do in 99% of case is fill it in as ‘no special circumstances (connection to the Islands, or whatever other special circumstance the applicant wishes to suggest) compared to other persons also living here for a similar length of time and scoring similarly on the PR points assessment, so the PR points assessment outcome stands’. (Just as it did in this particular case.) If there are say 1% of cases then having that box isn’t a big problem. Things like ‘despite their high score that they are a convicted murderer with multiple other nationalities with rights of abode in other safe countries results in a special circumstance of no PR.’ Maybe less than 1% of applicants.
Why is there no recognition for Alastair? He puts his heart and soul into helping people who really need it. Yes, he gets paid, but he does way more than he gets paid for. The man is an Angel.
Alastair David deserves a pay raise.
if the court says these 2 are allowed to stay…oh boy….why not the single mother of my naturaluzed caymanian young child? plus ruling is at court of appral level..oh boy…i going see lawyer right away….immigration..u may be infringing on my child’s right to family and private life…as this article states! woowie…waited a long time for this..god is great!
I hope your child can spell better than you can.
marry her? oh wait… your wife wouldn’t want that.
Let me save you the lawyer fee and read the article for you. The court did NOT say they could stay. The court said that even with the need to enable consideration of ‘special factors’ they presented none that might have let them win their appeal to stay.
PR’s going to be redundant in a few or so years, let’s start working on the real problems of how to get our pension out of here.
To 2.38 Your pension funds are not invested here so you will have to get them back from wherever they are abroad.
Our private pension funds are invested by local pension providers and our monthly payments since 2016, are controlled by CIG. Tssssk.
What do you mean?
I strongly suspect from the number of upvotes you have that I am being uniquely slow on the uptake, but can you explain it to me like I’m five, please!
Thanks!
That started in the 2020 Covid withdrawals. Smart people cashed out the maximum amount, then moved it offshore to a home jurisdiction to reinvest. Anticipating the future need to depart Cayman wholesale on retirement. When you hear that lawyers are departing on retirement due to Cayman being too expensive to live in, doesn’t bode well for anyone of average savings and income to continue to live here. The Carnival ride has been very good for many though ,despite the recent /current ongoing CIG and social issues being faced on a daily basis. Anyway you want to measure it, the ride is coming to an end for many to continue to live in Cayman past retirement age.
Agree. After my pension fund “lost” more than $7,000, I was grateful for the opportunity to move the remaining funds to the CICSA Credit Union. I don’t know if it will always be there, but I do know that it will be one of the last institutions to fail.
At the rate we are destroying our environment, most need not worry about pensions.
The issue is how do we protect the ci from people who are unable to meet the criteria of housing and income which make up the majority of the point system so they do not become a burden on the Cayman people.
It is obvious that a right to be temporary employed should not entitled you to stay when you have not properly assimilated
into the Caymanian way of life.
This will lead to the total lenght of a WP being shorten by a few people who keep pushing Caymanians, and who fail to understand that they were paid for a job for a specific period of time.
They were not promised residency when they were hired. Cayman too sweet no one wants to go home.
Now let the insults begin?
Curious it will be if you’re forced to flee to another country, if you will have this same mindset.
Just refer to the Pensions Law. All information required to transfer your pension is detailed there.
People like you should leave today! It is obvious why you were here. The old-cow has been good to you. She has fattened you but you wish and of course here speaking gloom and doom over her. Rest assured though: Cayman and the Caymanian people were alive and prospered long before you and the likes of you arrived – even through our humble beginnings and shall continue to do the same long after you leave – So help us God. Again, please leave as you clearly mean us no good.
We should return to the good old days of catboats and fishing, no internet, no cell phones and no mass imports of commerical foods, medicines, and to hell with the modern healthcare.
We will surely be alive and prosper!
You killed all of the turtles.
Check 6:24’s comment above before gushing a whole bunch more vitriol 7:36. Cayman definitely is not what it used to be and part of the recent evolution has brought it to ‘those who can’t/won’t be able to afford to live here’ once they stop working and the massive divide of ‘those who can’t afford not to leave.’ Any happy medium is vastly diminishing. There’s no way a paltry monthly pension payment is going to keep pace.
Scrap it all
It’s all complete HS anyway
Start again
All of it
And for the love of god
Only give passports to citizens then it’s done.
There are no Cayman Islands Citizens…
That is part of the problem. This is still a British Overseas Territory.
Thing is, they aren’t Cayman passports. They are UK issued BOTC passports – they just have a Cayman label on the cover. Not Caymans choice whether to issue them or not, and they don’t grant residence rights in Cayman anyway.
All BOTC citizens get passports. Caymanian isn’t a citizenship. We should focus more on the educational system here.
Well, Dwayne campaigned on putting a moratorium on Work Permits.
Now that he is the Minister for Labour, let us see if he keeps his word to the many Caymanians who apply for a job, but cant get the job because an Expat is in the position.
Ok Dwayne, what is your next move??
Lol – this article was posted right next to one talking about how there is a record low unemployment among Caymanians, and yet you’re complaining about the “many” Caymanians who can’t get jobs because of expats. smh
The only Caymanians that don’t have a job are ether the elderly or disabled who can’t work or the ones that don’t want a job.
My man can’t avoid a light pole, why do we think he can handle this?
Dwayne: “You must be brave enough to ask that question but I don’t think anyone would be that stupid. Jesus was the best story ever. Hope that answers it.”
Brilliant!
@1.29 Looks like the first is not in favour of Caymanians. The rule that Chris was bringing in on 1st April to require all jobs to be advertised on WORC website has been scrapped.
WORC should also be scrapped.
So ??? You really think he can do whatever ? Some of you can’t seem to figure out simple things : it’s not their household where they can do as they please. How many times they got slapped with JR and lost ? This is why it is a good thing UK has an upper hand, since someone has to keep an eye on things. Oh !!! I know many Caymanians who are hard working, talented and amazing people. No expat ever stopped them from getting a job. I also know some Caymanians whose only ‘qualification’ is being a Caymanian, but they still work since they simply make an effort. Stop excuses.
Translation:
Can’t get a job because I’m not as qualified, experienced and have the requisite skills that the expat does but I am entitled from birth, so give me a job anyway.
Great idea! Give unqualified and unexperienced Caymanians all of the jobs. Run all of the expats off and destroy the economy!
#CaymanKind
You realise he campaigned on that in 2017 right? and he was in government from 2017-2021
hahaha…always remember, we didn’t come to take part, we came to take over!
#worldclassmyass
😂 😂 😂 😂
Cayman going on like they are the holy grail and making everything relating to immigration so difficult when is not necessarily to be so difficult about it. This has become a habit which has cause the many unnecessarily backlog on all type of immigration matters.
Forces of meanness are lurking aplenty in Cayman. Not sure how Caymankind could be the finalist tourism/guest worker slogan, unless it’s supposed to be interpreted ironically.
To 1.04 Methinks you believe Caymankind should mean Caymanweak or Caymanstupid.
i
It seems that whenever a Caymanian stands up for any of their rights,he/she is automatically branded as unkind snd mean. But when an expat exhibits an entitlement mentality (even going to court to get Residency because they feel entitled) that is praiseworthy. Wow.
Couldn’t possibly be that the expat met all of the requirements set forth in the laws, yet the government fails to follow the laws, so a lawyer is needed to set things right.
Not according to the court. (They lost the ‘justification/right to stay’ case remember.)
CaymanKind is a marketing slogan for tourism. Come to visit as a tourist and you are treated with CaymanKind hospitality. But just like in every other country in the world, when you are talking about immigration of people coming to live and work, the slogan changes to CaymaniansFirst. this is how it should be for you in your country and for us in our country.
That’s nationalism, bobo.
#BuildTheWall
Going on like holy grail when everyone is desperate to get here? Obviously there is something we have that you want 🙂
Marriage officers going to have plenty business oh wait illegitimate children count too. What a mess we are in
That would be every country
Except in most countries where you are born counts for something.
No. Only in North America. Pretty much everywhere else, where you are born is largely an irrelevance. And for good reason.
And the same ones who celebrate this type of ruling are the same people wanting Cayman to stop development. More people equals more of everything…and less natural space.
I don’t think, those who marry a PR holder or a Caymanian will apply under a different section and not the points section. So i expect the Marriage officers will be as busy as they always are..
Illegitimate children count under the points system anyway (provided they are Caymanian). However, a quasi parental relationship with a child who is not yours could count and in those circumstances, a family life argument might be able to advanced.
My kids are born of Caymanian parentage and born here, but I have to go through a process for that recognition and get a stamp in their passports saying they are Caymanian as of right? What other country makes its own citizens have to apply for that recognition?
Continuation of kids’ citizenship at 18 was designed to weed out children of paper Caymanians. They tried to pull it on our kids, even refuting that they’d attended a decade and more of (memorably expensive) private school with supporting institution, immigration, and flight records proving they were full time residents. They even represented Cayman proudly on National teams. Crazy xenophobia.
Stop allowing non-Caymanians people to have anchor babies. Send them home at 7 months pregnant like we used to.
There is a rational reason for this and that is because a Caymanian Islands passport does not show you are Caymanian. It shows you are a BOTC. Therefore, the CIG needs some proof that you are Caymanian hence the request. You don’t have to get acknowledged but it might cause problems in the long term.
There are no passports conferred at the PR stage. That happens at the next ladder rung for Naturalisation at 10 years+. When you are Caymanian, 15 years+, and after another means-based requalification, you can eventually earn a stamp in your passport with your CI Status Letter that proves you are the real deal. With that, and other ID, you can register yourself to be a voter in the next Gazette cycle.
That is my point. Everyone knows what the BOTC passport is, but if my kids are Caymanian at birth just recognise it on the birth cert or something, don’t make me apply for what is their birthright!
Every country. Otherwise, how do they know who the citizens are?
In 99.9% of countries, passport = citizen.
Fair enough. But we are not a country, so…
In most places being a citizen of it means you can live there. Cayman not being a country you need Caymanian status, your BOT or UK passport does nothing for you as far as where you can live. The UK started all this shit about belongers and BOT citizens to keep the natives out and it turned into a complex nightmare.
What passport are you talking about? If it’s a Cayman passport then we all know that you can get one, without being Caymanian.
What passport do you think you would stamp ‘caymanian by right’?
There is no Caymanian passport. It’s a BOT passport.
Ummm, if they were born in England and had English parents, you understand there is a registration process before they can just “get” a British Passport, right? Every country has some version of what we do.
I was born in the UK and never had to apply to government for recognition of my birth right
Yes you did. When you got your passport.
My birth certificate and NI number do that, not my passport.
No, your parents did this when they registered your birth.
yeah, it consists of registering their birth in the UK.
Born there means you’re British
No it does not…
Being Caymanian is not a citizenship, it is an immigration status. Therefore, requisite process needs to be followed for proof of that immigration status. And a BOT KY passport is not enough.
The citizenship is British Overseas Territory KY, which is why a person from another BOT can be a referee on a BOT KY naturalisation application.
For KY status as of grant or right (Acknowledgement, Continuation or Confirmation), you need to go through the process with WORC so CIG, private sector employers and schools can know with certain proof/documentation that the individual is indeed legally afforded the right to live and work here (or have access to scholarships) with no immigration fees or restrictions.
Cayman is NOT A COUNTRY … there is no CAYMANIAN CITIZENSHIP … OUR PASSPORT SAYS B.O.T.C.!!!
No Cayman citizenship but it must be valuable whatever you call it afterall people who are citizens of “real countries” going to court and fighting to get it.
WE ARE A SELF GOVERNING ISLAND NATION AND I CAN WRITE IN CAPITALS TOO!
Cayman is not a country. Where are you from? Ignorant much.
Were you settled here at their birth? Being born in Cayman, even to a Caymanian parent, is not necessarily enough. Just sayin.
So true; it’s heartbreaking. I had to do it for my two fully grown children whose Caymanian ancestry goes back as far as I can dig; we haven’t got to any who came from anywhere else except Cayman. Yet, some immigration officer has to stamp my child’s passport to acknowledge that he is Caymanian!! Ridiculous
and people wonder why it is ofetn said ‘the worst thing about the cayman islands is the caymanians and their treatment of others’
This comment broke the bullshit detector.
Try putting the shoe on the other foot!
CaymanKind!
And that is why they keep coming???!!!
Idiotic statement, 10:10
Because the Caymanians we don’t want to deal with aren’t in the hotels.
We can come without mingling.
The worst things are actually the litter, the dump, the terrible driving, the cruise industry, the traffic gridlock, and selecfive enforcement of law.
another glorious day for the civil service and cig.
let the class action suits begin….
sad thing is we will all end up paying for civil service/cig incompetence
The legacy of Franz Manderson’s #WORLDCLASS Civil Service of incompetence
Civil Servants didn’t pass the law that sets put the “PR system”. That was done by the elected politicians. Your ignorance is quite ironic.
Bullshit. Civil servants wrote it. Civil servants chose not to make it compliant. Civil servants chose not to point out key defects to politicians. Civil servants chose not to educate themselves on the issues. Civil servants continue to avoid any accountability.
Saying it was a choice would imply both competence and malice on the part of the World Class Civil Service. Experience would say it might be the latter, but that they just got “lucky” but not actually applying the laws they wrote. Competence is in short supply…
Civil Servants are not responsible for the decisions of stupid politicians! As voters we are the ones responsible for voting the idiots into power. When a free ham is all it takes to secure a vote, we can’t expect genius leaders to rise up from the muck that is Caymanian politics.
To 11.31 Wasn’t big in designing the immigration law. The same law that seems to have so many loopholes. Never good idea to have the fox design security for the henhouse.
The longer an application takes, the more money CIG can charge…each year its another fee.
This isn’t rocket science people.
And the more politicians say they are denying people PR and status, all the while taking their annual fees, the more they can play to the voters ( which of course excludes anyone who hasn’t been awarded status). Whilst ignoring the immigration laws they passed, the breach of which will cost us a fortune in damages and legal costs.
And the more people being forced to wait gain rights to remain here irrespective of the government’s wishes or what is best for Cayman.
Do tell what is best for the Cayman Islands.
That we select the people most beneficial to Cayman, and prohibit those most likely to cause harm?
The longer it takes the closer the applicant gets to an automatic grant because they have been refused due process. Cayman has every right to set the bar at becoming Caymanian or granting PR. The issue is they then have to properly implement the system and fairly hear applications. For whatever reason they are not able to do either. I have been here 27 years and have seen the CIG make a complete mess out of the immigration system.
I like how it says the PR and status board isn’t hearing PR applications, well then what are they doing? My status app has been in for over a year, CIG just collecting another $20k+ from my employer that would otherwise not be due if they did their jobs on time. Status approval used to be a matter of course for after you already go through the PR rigmarole.
Squatters rights!
This comment section about to be ghost pepper spicy
*grabs popcorn*
Government needs to take this judgement seriously and tighten up the law. maybe they need to move to a quota system, limiting how many PR and status are granted each year to a specific number. Right now there is no limit on these grants.
Anyone who wants to stay, and that an employer wants here, should be allowed to stay as long as permit fee is paid. They should be allowed BOTC and permanence. The real tests should be Caymanian Status. Rollover was already a bad idea before it was exported here from Bermuda. It’s like we are hand-picking the worst policy from the dumbest working groups.
Actually, rollover is the ONLY solution. Letting someone stay too long gives them an automatic right to stay forever, whether you want them to or not. How long is too long varies depending on the individual and their circumstances, but serious arguments can start to arise in as little as 10 years.
You should ask BVI about that.
Right. As an employer, I love to invest thousands of dollars to recruit and maintain the best employees, only to lose them to rollover.
Just send them to your BVI office. Stop whining.
BVI makes Cayman look like a first world country.
I wish there could be a court case to specify what is a reasonable amount of time to wait on these sort of decisions for PR & Status. How long until our status applications are processed? Never? It feels like it.
Retired 5 years, I still have to pay a work permit fee every year for a job I do not do, and keep having to pay it while my status application sits on an ever increasing pile of papers on someones desk. I don’t suppose they’ll refund those annual fees when and if my status is ever processed.
There should be a set amount of time to process these things…especially status because unless there are any red flags surely its just a pay your money (yes yet more money) and get a rubber stamp. Nothing to investigate. Shouldn’t take any more than 2-3 months at most. Not 2-3 years and still waiting.
Getting frustrated that I was promised if I made a life here and contributed to the islands I would be allowed to stay and make it my home. But after all these years, paying all those fees, jumping through every hoop, the government still make me feel unwelcome and unworthy.
Sorry for the rant, but paying all these fees when I’m retired and should have status already makes me feel like the government is just milking me.
Who made you that promise? Because proper use of work permits is: You are being brought here to do a job that a Caymanian cannot do. This is temporary, and with the understanding that when a Caymanian is trained to do that job, you will return home. Only in exceptional circumstances, should you remain.
Is this not the understanding by expats?
It is set out in the law – path to PR then status- and government has an obligation to follow the law unless we want anarchy. Or maybe that is what is being suggested?
You are factually correct in so far as how a WP holder should think.
However, once a person attains permanent residency, that understanding of training a Caymanian “to take your job” falls away as you have now been granted the right to permanently reside (and work depending on type) in the Cayman Islands. This of course comes with annual fees (complete with an annual declaration) and restrictions (including on job title). From there, it does become an understanding that you are now on the path to full KY status rights once attaining 15 years unbroken stay. So the commenter is in his full right to be indignant for paying annual fees longer than legally required passing 15 years unbroken stay.
Agreed, back in 2015 when I hit my 15 years, my Status application only took 2 weeks.
Try reading the immigration law, because that is not what it says. It may be what you want it to say, but that’s not what the rules are. But the government is just ignoring its own laws and regulations. Which is not only unfair and unreasonable but is going to cost us a fortune in taxpayers money dealing with the inevy law suits and a block status grant, without any regard to India circumstances, once the size of the improperly unprocessed a policy gets so large that it cannot be ignored by the UK government.
The massive pool of qualified and experienced Caymanians is ready and willing to step up. Those degrees in religious studies will finally pay off!
Is this a joke? — “[P]roper use of work permits is: You are being brought here to do a job that a Caymanian cannot do. This is temporary, and with the understanding that when a Caymanian is trained to do that job, you will return home.”
If people want better jobs, they must perform better. That starts early. See “Almost 60% of Year 11 students miss 2021 exam targets, 19/04/2022, …according to the Data Report for the Academic Year 2020-21, just 40.3% of Year 11 students achieved the national standard target of five or more Level 2 subjects including English and maths.” https://caymannewsservice.com/2022/04/almost-60-of-year-11-students-miss-2021-exam-targets.
Businesses are not welfare schemes for the unemployable (that’s the World Class Civil Service™). The equivalent of the obsessive navel-gaving about Caymanian affirmative action is the Black Economic Empowerment legislation in South Africa. As with all attempts to impose racial preferences/unmeritocratic tribalism, it has been a failure: https://theconversation.com/only-south-africas-elite-benefits-from-black-economic-empowerment-and-covid-19-proved-it-189596.
Expats built Cayman. The truth may hurt, but it’s still the truth. See Freyer, Tony, and Andrew P. Morriss. “Creating Cayman as an offshore financial center: structure & strategy since 1960.” Ariz. St. LJ 45 (2013): 1297. https://scholarship.law.tamu.edu/facscholar/23.
If Cayman wants to regress to being a handful of fishing villages, then it can have a hissy fit about expats. If not, keep quiet, knuckle down, and focus on educating your kids so that they can outcompete our kids for jobs in Cayman. On merit: not skin color. It may be our grandchildren, though: an island of only 30,000 so-called “multigenerational Caymanians”, with the record of educational achievement documented above, seems unlikely to be able to rapidly/if ever generate any more that a tiny % of competent, internationally, competitive, white collar professionals to fulfil the wide range of roles here. If I’m wrong, why are 60% of Caymanian kids leaving school functionally illiterate and innumerate?
Despite what you may infer from my points above, I am very supportive of the aspiration for Caymanian improvement. I just don’t think that the assertion “This is temporary, and with the understanding that when a Caymanian is trained to do that job, you will return home” is well-tethered in reality. What am I missing?
It all boils down to doing the work. Broken schools + broken families + unmotivated kids = Mediocrity
Rinse and repeat.
There is such a court case. Is is called Oliveira. It generally indicates that 12 months is the lawful limit for an uncomplicated application. It is a Privy Council decision. Its implications are routinely ignored with impunity.
That the entitlement mentality that so many bring with them. Your work permit is a license to work not permission to stay as long as you want.
Pot, meet kettle.
#Caymankind
Anyone know when they will begin approving status again or does CIG want to get sued again?
In progress.
Actually, it is almost time for them to be prosecuted. Suing doesn’t work. They just ignore the court in relation to issues generally, and then take it personally and go after their perceived adversaries. The wheels have come off. These responsible were given enough rope to hang themselves, and did.
rights of children born out of wedlock also being violated…i soon put forth a case…look for it!
if they have a Caymanian parent then they can get naturalization