Ex-employee work permits must be cancelled

| 06/05/2009

(CNS): Employers are legally obliged to cancel the permits of workers who are no longer employed by them. Failure to inform the Department of Immigration of the changed job status of an employee is illegal under Immigration Regulations and employers can be fined up to $5,000 for such an offence. Chief Immigration Officer Franz Manderson said that the department has had to deal with several cases where persons no longer have the jobs for which work permits were granted yet they remain on-island.

A release from Immigration said employees could also be fined and removed from the Islands if found to have remained without the specific permission of the Immigration Department after his or her employment has been terminated.

Deputy Chief Immigration Officer Bruce Smith noted thatthe department would be stepping up efforts to investigate and prosecute such offences. “Department of Immigration’s Enforcement and Intelligence Office will deploy all resources available in an effort to identify and vigorously pursue all persons and/or companies choosing to abuse the law,” Smith said, adding that anyone found in breach should expect to be prosecuted to the fullest extent of the law.

Print Friendly, PDF & Email

Category: Business

Comments (10)

Trackback URL | Comments RSS Feed

  1. Anonymous 777 says:

    Sometimes or most of the times immigration is not what you know about the law it is who you know inside the department. Politics goes anywhere and everywhere even in a small office that even how much you set rules or laws still just for the sake of friendship or camaraderie or being relative they will give the favor even if its beyond the law/rules who will know about it anyway. I am proud of those employers who don’t use their connections inside instead they are abiding by what the law has stated or they are going thru the process. Sometimes you will be amazed on some applications that are been submitted recently and few days or month later its already approved. Its very easy if you know someone inside, they can easily pull out the application and have it on top of the files for review. Its very easy if you know someone inside and you encounter problems from those incompetent people that cannot handle their work properly and messed you up and let that someoneinside you know help you out to fix it. That’s cool right?

    Mr. Manderson, check your people too and discipline them to be competent and honest enough to do their duty.

  2. Anonymous says:

    Franz is a Caymanian we can be proud of.  He is a mover and a shaker, he gets the job done while being fair!! 

    Franz we want to see you running for a seat in WB in the next election!  That’s the kind of representation WB needs.

    Vote for Franz in 2013!!

  3. Expat24,372 says:

    I would disagree.  The current system leads to more permits being issued as new staff are employed.

    When an expatriat wants to leave his current employer for another job, the post still has to be offered to a suitable Caymanian if one has applied. That would not change if the expat could leave his current employer, the suitable Caymanian would still be (as long as the law were followed) picked for the job.

    The problem is that many firms ignore the law, often building a job description around the CV of the person they’ve already decided will get the job.

    But then, at least 50% of the shareholding in the copany has to be Caymanian right? So why are they doing it to their own people.  Unfortunately, wherever you might find yourself in the world, the rich will always step on the poor.

    • Anonymous says:

      "But then, at least 50% of the shareholding in the copany has to be Caymanian right? So why are they doing it to their own people’. 

      No, that’s not right. First licensed companies (e.g. Banks, Fund Administrators) do not require any Caymanian participation. Second, no Caymanian participation is required for professional firms – accountants, attorneys. Third, even where the business is a local merchant they can evade Caymanian participation by designing their ad so that no Caymanian would be remotely interested and therefore get a Local Companies (Control) Law Licence. Fourth, Caymanian in this context include holder of Caymanian status. Many such persons do not see themselves as Caymanian but identify with their country of origin and others from that country. You will see the above covers the great majority of employers in Cayman.        

  4. Permits not Bargaining Chips says:

    The law restricting employees moving firms during a work permit is outdated and is being abused by employers.  The wasted cost of a permit should be recoverable from an employee who moves during its pendency but that is as far as it should go.

    • Anonymous says:

      But then you are providing for free movement of expatriate labour without restriction thereby excluding Caymanians from opportunity. Free movement is allowed if the employer is unscrupulous – and such employers should be cut off from permits altogether – but the gate cannot be left entirely open. 

  5. Annoymous says:

    why are we singing praises to Franz, this is part of his job to seek out persons whom are in breach of the law.  If you have to publish your job and enforcing of your job, then are you really doing a good job? 

    I agree his dept. could do with more enforcement officers but nevertheless this country is so small we can seek out and  find every offender within a two month period if we are deligent enough.

    Get on with it and stop looking celebrity status.

  6.  

       Is this more frontier work by my Manderson…   Just maybe a good thing to keep your eyes on back there.

      They always say that, "They are For Caymanians" ????

     This quote….  "Deputy Chief Immigration Officer Bruce Smith noted that the department would be stepping up efforts to investigate and prosecute such offences".

     

    Only For Caymanians

  7. Anonymous says:

    This should be done a long time ago, as an expat some employers belive the own us and we are forever enslaved to them once they have a permit for us.

    Looking foward to see some action

  8. Anonymous says:

    thank you mr. manderson for your  deep concern on this matter iam a very concerned native about what i see taking place here in my island