Immigration Law to undergo another review

| 23/07/2009

(CNS): One again the country’s Immigration Law and Department are to come under scrutiny by a new Immigration Review Team headed by Sherri Bodden Cowan. This latest examination of one of Cayman’s most important government areas will, according to government review policies, provide solutions to streamline the work permit system and address the anomalies and technical deficiencies that have come to light since the law was changed. It will also look at changing back some of the things put in place by the previous administration.

Leader of Government Business McKeeva Bush told the media at Thursday morning’s government press briefing that, given the economic issues now facing the Cayman Islands as a consequence of the global financial crisis, there needed to be changes made to the Immigration Department and the law.

Bush indicated that he would not throw out all the ideas that came out of the most recent review by the former CIO Franz Manderson, but Bush said there were myriad ideas in the community on how to improve things and he wanted to see a fairer, more efficient system for processing work permits.

He said the team would examine and highlight any additional issues related to the application and enforcement of the Immigration Law, 2008 (Revision) which warrant attention, as well as address a number of anomalies and technical deficiencies that have come to light since the coming into effect of that law. He also noted that some of the changes introduced in the last four years may well be changed back.

“The IRT will identify areas of omission and the removal of certain previously existing provisions in the law by the previous government, such as the right to appeal a refusal of key employee status and the removal of the Residency Provisions for Entrepreneurs and Investors, and consider their reintroduction into the law in an amended form,” Bush announced.

He added that the team would also re-examine the implementation of the Business Staffing Plan provisions to ensure that employers were receiving an adequate degree of certainty in relation to their future staffing needs, whilst at the same time safeguarding the employment, training and upward mobility of Caymanians within the work force.

He said IRT would consult with stakeholders, produce a report with findings and recommendations for Cabinet within a reasonable timeframe, and assist with the preparation of draft amending legislation if necessary.

Bush noted that the review would also be looking at the situation regarding permanent residency as he was aware there were a number of complaints in the community about how that had been handled in the last few years.

He noted that although reducing work permits may result in a reduction of fees to government, that would not play a part in guiding the policy as he said work permit fees were not an incentive for the current government.

The IRT will be chaired by Sherri Bodden-Cowan, and Independent MLA for North Side Ezzard Miller would be the Deputy. Members will include Betty Baraud, Paulette Anglin Lewis, Erma Arch, and the two official members of government. The team will also include a representative from Legal Drafting and Bruce Smith (Deputy Chief Immigration Officer), and Christopher Eakin (Policy Advisor to the Immigration Board) will be asked to assist.

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  1. Anonymous says:

     Corna Gal you seem to know what time it is and same to be on top of your game. i too agree this political coonie business is going to bring trouble and allow alot of questions to be asked. However i do support the appointment of Mr Ezzard Miller as the deputy as he is as strong an advocate for Caymanians as we will ever get. The others appear to be in for other reasons. alot of controversy is on the horizon but this island appears to thrive on that these days.

  2. " In order for the government to calm an outbreak of hostile voilent unrest  taking place in this country, I would suggest  they should begin listening to the voice of the people crying in the wilderness.  I am out there and I know who is crying."

    Speaking of violent unrest, did you know that the murder rate of the Cayman Islands is tucked in right between Russia and Swaziland, and that the murder rate here is higher than in Nicaragua, Haiti, Panama, Mexico … [long list of countries] … Uganda, Pakistan, Sri Lanka, LEBANON, Ethiopia… oh, and the United States.

    If you were holding back the violent unrest so far, it sure doesn’t look like it from out here.  Letting it go ought to be REALLY interesting.

  3. Anonymous says:

    The PPM set the rollover at 1 year – a joke considering the steps of Bermuda.

    Bermuda is looking at removing their term limits due to the damage to their economy. Unfortunately as it was a way to get votes there, they cannot remove it so they have got around it other ways.

    Something like 90% of key employee submissions form the finanacial sector there are approved, and nearly all approaching their 6 term limit are submitted.

    So I agree it is a joke, but totally in the opposite meaning you meant it, LOL

    • Anonymous says:

      What a load of crock!

      Bermuda is looking at removing their term limits due tothe damage to their economy. Unfortunately as it was a way to get votes there, they cannot remove it so they have got around it other ways.

      I guess people can publish almost anything here.

  4. Twyla M Vargas says:

    IMMIGRATION LAW UNDERGOING A REVIEW ?

    Good, I just hope everyone involved know that all eyes and ears are to the ground just like an Indian scout, listening for hoof beats.

    It is very sad, how some Caymanians are silently dying mentally and physically because of the suffering they are experiencing.  If you are not out there in the streets in the villages, on the beaches and dirt roads you will never know.  In order for the government to calm an outbreak of hostile voilent unrest  taking place in this country, I would suggest  they should begin listening to the voice of the people crying in the wilderness.  I am out there and I know who is crying.  Blessed,

  5. Corner Gal says:

    The immigration law is the most revised law in the Cayman Islands.

    Why, because it is not an immigration law at all.  It is a law used by the big and bad to control the little struggling Caymanian business people who do not sell out to the politicians.

    Look at who is on the immigration law committee now, ask how many indentured servants on work permits they hold at ransom paying them a pittance living 4 to a room, while charging thier "clients" high fees for their services, even government?  Why do people pay these high fees, because these slave masters know how to work the system, when the employers for work permits directly they organize for immigration to turn down their direct employment work permits.  Thats the way it works in the corrupt Cayman Islands.

    Government going to help Caymanians in general….run gal run, ya gonna be raped again! 

    It will be as usual, craft the law to allow enought descretion to give big advantages to the chosen party supporters and enough descretion to legally kill those businesses that are not party supports.

    Seen it before, that’s life in our Cayman Islands.

  6. Anonymous says:

    "Please get the facts before commenting."  Well Bruce obviously you havn’t read the news story in this thread on which the comment was made. It reports Mr. Eakin as being the "Policy Advisor to the Immigration Board". Not many of us have the time to visit government websites to verify information given to CNS or any other news agency and we take news stories delivered as fact.

    Since you have so kindly chosen to comment though, maybe you will enlighten us a bit more. If this gentleman holds a position titled as you say then surely part of his remit should be to assit the various Boards with policy matters, otherwise what is the point of such a position in the Immigration department? Kindly tell us misinformed folk out here about his role and who exactly he is hired to advise on policy and strategic management, if not the Boards.

  7. Anonymous says:

    As the aunt of Caymanian child I really hope the country will take a step back and realize that the law as it is today is tearing families apart. My nephew, who has a Caymanian mother that cannot take care of him, is being forced to leave island with his father who is not from Cayman. By forced I mean there is no one left on the island but his father (expat) to care for him. This man who is being sent away has treated his son’s half brother as his own child caring for him mentoring him and just being a dad to a child that is not even of his own blood but who shares the same mother as his son. Sound confusing…? Well it is! What is more confusing is having to tell a Caymanian child that the only father (step-father) he has ever known along with his Caymanian brother willbe forced from his home because of an immigration law that does not protect the basic rights of a child whose Caymanian mother CANNOT physically or mentally care for her children. God help our society when basic human rights are not protected. Think twice about all of the consequences of a change that will require people to leave the island for two years. This would mean this Caymanian child will not be welcome in Cayman for two years, will not be able to see his family for two years and will grow to resent his own people for abandoning him!

  8. Bruce says:

    A quick look at the Immigration website shows that Mr Eakin is the Director of Policy and Strategic Managment and not an advisor to the immigration board. Please get the facts before commenting.

  9. Anonymous says:

    AGAIN? UDP was instrumental in the rollover coming into play. They need to leave the law alone.

  10. tellitasitis says:

     Where is the Chief Immigraton Officer- we have an acting CIO now but I am sure a new Chief Immigration Officer will be appointed soon. I do hope that the team will at least consult Mr Manderson or Mr David Ritch who headed the previous IRT and made wonderful changes to the Immigration Law. Prediction – roll over will be reduced to 6 months.

  11. Anonymous says:

    The PPM set the rollover at 1 year – a joke considering the steps of Bermuda.

    Prediction: The UDP will set the rollover period at 2 years – the way it should have been from the beginning.

    • Anonymous says:

      "The PPM set the rollover at 1 year – a joke considering the steps of Bermuda.

      Prediction: The UDP will set the rollover period at 2 years – the way it should have been from the beginning".

      FYI, rollover was originally set at 2 years. It was reduced to one year by the PPM after screams from the business community. The UDP is likely to reduce it to six months, not increase back to where it was.  

  12. Anonymous says:

    "(Policy Advisor to the Immigration Board)".  So this body is still in existence with Christopher Eakin as Policy Advisor? Well it was my undestanding that the Immigration Board had fallen away and had been replaced by the Work Permit Board and Business Staffing Plan Board so this is surely one high paying post that can be done away with as the government is looking to trim back expenditure! I was a member of a Board and I never once saw this gentleman much less receive any advice on policy!!  It has always been The Chief Immigration Officer and The Director of Boards and Work Permits (a very professional and dedicated Caymanian lady who juggles her time between all of the present Boards trying to assist each and manage a large number of staff) who have assisted us. Both of these persons have a very heavy work load and If there is a policy adviser in existence then it would have been good to have the added help!!!

  13. Anonymous says:

    This will be a very interesting exercise and Caymanians are watching and waiting.