Fears TLEPs will get status
(CNS): Although government has stated that work permit holders who take advantage of the new Term Limit Extension Period to avoid rollover will not be allowed to apply for PR, fears are mounting that this could easily be challenged and eventually see thousands of people granted status as a result. Sherri Bodden-Cowan has denied that this will happened and any suggestion is scaremongering. The TELP allows workers who were due to leave the island under the seven year limit to stay for another two years subject to the usual conditions but the law says they cannot apply for residency and will not be able to use this permit as a road to status.
The United Democratic Party government is still haunted by the mass 3,000 status grants handed out during its first term in office in 2003. The grants were a consequence of many people living and working in the islands for years without rights, which the UK government forced the Cayman government to address.The government was blamed, however, for the surge in new Caymanians who would become entitled to vote, not just because of the numbers but because of the way the grants were awarded.
There are now concerns that the issue of legal and human rights to residency after a given period may raise its head again with the workers who are granted a TELP, some of whom will have been living in Cayman for more than nine years when their new permit expires.
Ezzard Miller, who is the only politician in the Legislative Assembly now that believes the seven year work permit limit or rollover should remain, says that the fears regarding a surge in status grants down the line are not without foundation.
The TELP could eventually lead to the need to grant thousands of worker permit holders permanent residency, he said, which will in time see them gain Caymanian status and if they wish they can then become naturalized and go on to vote.
“The fear is that anyone who is granted a TELP will be able to apply for PR, despite government claims, as it is very likely to be challenged,” Miller said. Many thousands of people who would have been rolled over are now in a position to apply for the new extension, and just one successful challenge to government’s claim that they do not have the right to apply for PR could see a flood of applications, many of which are bound to meet the PR criteria.
Miller said that this could see another surge in the electoral roll for the 2017 election, way beyond the normal 500 or so that Cayman’s voter’s list generally increases by each election cycle.
The independent member for North Side has stated that his concerns remain the same as they always have. Rollover was never really intended to create jobs for Caymanians but was to protect the indigenous population’s control of the political landscape and from a takeover by foreign nationals. He said that the introduction of TELP could undermine that protection.
Miller has consistently statedthat it is “incompetent government’ and the high cost of doing business that has caused Cayman’s economic difficulties and that the idea that immigration policy is preventing the country from attracting ‘high net worths’ or investors, as claimed by both the premier and Anthony Travers at the recent Generation Now debate, is a red herring.
“The government has made numerous amendments to the immigration bill since it came to office offering automatic PR to those investing money here. Most recently the government has stated that anyone who invests more than $500,000 in a new home will automatically get PR,” he added.
He said he believes that the rollover policy would have worked to protect Caymanians in the workplace as well if it had not been constantly watered down. Miller added that for years Cayman has constantly moved the goal posts when it comes to immigration to accommodate the needs of overseas workers but every time “they still want more”; no matter the change it is never enough.
“It doesn’t matter what we do, people will demand we change it,” he said. “From the start with the introduction of the Caymanian Protection Board the law was amended allowing more and more and more people to stay. It is not Caymanians that are asking for rollover to be suspended.”
Miller said that many people who come to Cayman to work say they don’t want citizenship or the right to vote until they “pass the magic day” and then, he said, naturally they want to become Caymanian.
“If we don’t roll people out, we will be forced by international laws to give citizenship,” he told the audience at the recent Generation Now discussion on rollover.
Bodden-Cowan, chair of the IRT who is also leading the current review of rollover, said Miller was scaremongering. “There is nothing in the current immigration law that will allow Cabinet to grant status. It is scaremongering to suggest that massive status grants will follow these changes,” she added.
Category: Politics
Cayman can only avoid the laws of the civilized world for so long. It is only a matter of time before the Islands unjust and disgusting policies are brought to to light. Be ready for some human rights issues, as are long past due.
Paper Caymanians will enhance the blended average voter intelligence for the next election. There is alot of help needed in this area, and most of them will have some natural immunity to corruption, having already purchased their own household appliances.
You must be joking. A lot of the corruption involves paper Caymanians. Granted their price is substantially higher than a refrigerator.
As for potential voter intelligence enhancement I don't see any evidence of that.
Don't you expats understand? You are privileged to work in the Cayman Islands where we have immigration review teams the leader of which is a very prominent lawyer. Who better to shape the laws for their own benefit err I mean the country.
European human rights have no place here, because we live in a world of our own and no one can bully us. If they do, we will mobilise our armed forces (not to mention our helicopter) after our K9 unit has located our weapons, and defend ourselves to the core. The premier is prepared to go to China to sign an MOU (for those of you uneducated this stands for Memorandum of Uneducated) for chinese armed aid if necessary.
Yes, the sooner you realise how much of a privilege it is to be here the better we will all get along.
A.A. v. THE UNITED KINGDOM – 8000/08 [2011] ECHR 1345 – Read judgment http://www.1cor.com/
Despite the fact that the Court chose to ignore it, this case turned on Section 364 of the Immigration Rules, prescribed by the Secretary of State under section 3(2) of the Immigration Act 1971. The relevant section provides as follows:
IT IS NOTABLE THAT THE COURT DID NOT REFER ONCE TO THIS RULE, WHICH WAS THE BASIS OF THE DEPORTATION ORDER, AND WHY IT WAS UPHELD IN THE DOMESTIC COURTS. Instead of examining whether the rule and its application properly took into account the guiding principles established by its case law, the Strasbourg Court preferred to REPLACE DOMESTIC AUTHORITIES’ weighing of interests by its own assessment of the facts de novo.
I hope you're not a lawyer, because you have sighted a refugee deportation protocol case involving a Nigerian rapist, and are somehow suggesting there is a linkage to Cayman's TLEP? Are you suggesting that allowing an extension of vetted permit holders will flood the island with Nigerian rapists and that Caymanians will be powerless to control the flood?
Do you not realise there is an application process for each of Right to Work Permit, Permanent Residency, Naturalisation, years and years before anyone can hope to apply for Status? There is, you should look into what's involved at each stage.
Back in the day, Cayman used to garnish a mere 12 people a year with emancipation to Caymanian Status, and even then, they would still be snickered at and called "Paper Caymanian". That backward policy created a backlog of thousands that deserved Status on Human Rights grounds – many of these people had been contributing to the islands for >20 years and I'm glad for them.
Being a decent human being to people who have made valuable and lasting contributions should never be considered "a loss" to the population. If you feel that way, I pity you because you have it all backwards, and lost sight of our common heritage. The cultural stew of our founding ancesters through our common love of this nation is what has made us great. You'd do better to remember that.
I hope you're not a lawyereither since you don't know the difference between "sighted" and "cited"!
The poster has made an excellent point about the approach of the European court to immigration issues whatever the domestic legislation says.
Ah, bless this poster, ignorance must be bliss. AA v. UK changes everything.
Get a real education. It might help you see the whole picture instead of the tiny parts that seem pretty to your brain.
Has anyone realized that the current Term Limit gives the power of who can apply for Permanent Residency to Businessess/Employers?
A work permit holder can only remain on island for seven years, in order to meet the eight year residency requirement, a permit holder HAS to apply for and be granted Key Employee, that gives them theextra year needed to meet the eight year requirement.
So who decides who is a 'Key Employee'? The employer does. The employee cannot apply for Key himself. It has to be submitted by the Employer/Business. Ergo, the government is no more in control of who can apply for Permanent Residence than the man in the moon.
Why not abolish the Term Limit, allow persons to apply on their own merit after 8 or however many years and if they get the 100 points for PR then they are awarded PR. Sounds like a simply relatively fair process.
Perhaps the legislaton being rushed through as a 'national emergency' has something to do with this cock up. Surely the Govt would take its time, consult with the private sector and get it right so there is no uncertainty? Lol!
Quote from the Compass article on TLEPs on 21 October;
Appleby also raises the question in its analysis about whether those who are able to stay longer than eight years while appealing the denial of a Term Limit Exemption Permit would actually be allowed to apply for permanent residence by virtue of their ‘working as an operation of law’ immigration status.
“Conversely, those who are granted a Term Limit Exemption Permit on first application would not be given that benefit,” the analysis states.
My advice – deliberately ensure your TLEP application is denied, then appeal the decision and hire a good attorney. You will win
What I don't understand is why all these people are afraid of expats applying for PR. No one said that PR has to be granted to them. What difference does it make it every work permit holder on the island applies for PR? The only important thing is how many are granted. It seems people like Ezzard are afraid of the fact that decent, hardworking people who may be a benefit to this country are going to stay here long term. I say let them all apply, and only let the good ones, who have earned the right to be here, stay.
Because the vocal mafia of the mediocre, led by Miller, desperately want to retain power so that they can keep all the discriminatory benefits that come with it.
Please define "good"; and the process you envisage would earn them the "right to be here".
There is a substantial application process already, and it works.
So we are implementing the term limit extension so that we don't lose 2,000 expats at one time.
So what happens in 2 years when the same 2,000 expats are due to leave again? Another round of term limit extensions?
I we want roll over to protect our sovereignty then we have to have the guts to enforce it.
Mr. Miller is right again.
This is just another way for Premier Bush to grant mass status through the back door for his own political benefit.
TLEP legislation must be repealed as it is fundamentally flawed and flies in the face of international law.
Caymanians, you will never be able to get rid of 25000 expats. You can shuffle them around a little but the day wil come when they get to vote. That's what the worry is all about.
MY FELLOW CAYMANIANS…SO YOU SAY YOU WANNA A REVOLUTION,WELL,WELL, YOU KNOW…
there is a time in evey native peoples history that revolution comes & with comments like this & others from expats who really do not care nor even bother to find out about the local CAYMANIAN histoyt,culture,etc,but have no problem bringing there own cultural influence,
well bo bo
REVOLUTION SOON COME !!!!
LONG LIVE ALL THINGS CAYMANIAN
…But if an expat has lived, worked and contributed to community and the rest of Cayman society and considers Cayman his/her home, why would Cayman not want their vote? Would this said expat not have a vested interest in the politics of the country that they call "home"?
What does Cayman think will happen? Expats will vote them out of their own country? Give your head a shake! Look to other countries like Canada, that have a huge immigrant population because "born Canadians" are the new minority, specifically with an aging population and there isn't enough people to fill the work force. Plus, Canada will let ANYONE in! You don't ever have to learn the language or actually join the workforce…land and pick up your welfare cheque at the airport…no problem!
Do you honestly believe that the expats in Cayman are of the mentality to take over Cayman? I believe that those expats of good and honest virtue have nothing but the best intentions to join Cayman society having adopted the country as home. I highly doubt that those said expats are of the mindset to take away anything from Cayman. And I am not speaking of those expats that just own property/businesses. I'm speaking of the "regular" hardworking folk who wish to stay…
The antipathy towards Caymanians displayed by the expat posts on this website is enough to dissuade anyone from granting them permanent rights. It is plain that we and our values are despised, mocked and considered inferior by many of them. Any pro-Caymanian post here automatically gets tens of thumbs down.
You cannot compare Canada to Cayman. The economic power in Cayman is generally held by expats. They are in control of most employment decisions. Their attitudes towards Caymanians have told us all we need to know. Add to that political power and the end result will be the complete marginalisation of Caymanians. we are not nearly as stupid as you suppose.
BTW the rosy picture you paint of immigration in Canada is not shared by the expats on the following forum:
http://www.canadaimmigrants.com/forum.asp
The following study concuded that immigrants in Canada suffer employment discrimination as compared to native born Canadians as follows:
(a) Immigrants receive a smaller earnings premium for formal education,
compared to the native-born (net of other variables),
(b) Immigrants receive a smaller earnings premium for work experience,
compared to the native-born (net of other variables), and
(c) Immigrants from particular origins groups receive lower earnings than
immigrants from other origins groups (net of other variables).
http://www.utoronto.ca/ethnicstudies/Reitz_Skill.pdf
Thumbs down from me.
ONCE 1 WINS THERE WILL BE NO NEED FOR THE OTHERS TO CHALLENGE, IT'S THEN AUTOMATIC FOR THE OTHERS.
Gillowv UK ECHR – Mrs Bodden-Cowan has no idea – Article 8 rights will take precedence for all of those who have the will and funds to challenge.
Established community links will be enough even without any family claims – UK v. AA [2011]
With Mr Miller on this one. People will have a right to apply for PR no matter what the government is saying now. Wasn't this one of the reasons for the rollover in the first place, that come the 7 or 8 years people would have a lawful right to apply for PR….. So how could people lawfully stay on now for further years with TLEPs with no rights… All very contrary….
CNS thank you for writing : The grants were a consequence of many people living and working in the islands for years without rights, which the UK government forced the Cayman government to address.
This is true. However, some of our "honorable" politicians saw this an opportunity, some even say at a profit. What they did and how they did it was unforgivable. But has anyone stopped to ask how many status the U.K. would have given out on this premise? 8,000, 15,000?
Also, assuming 2,500 of the 3,000 were to people who truly deserved it. Then why do our xenophobes lump those 2,500 with the remaining 500? This creates nothing but divide in our society. Whats to gain by doing this?
No actually the grants were a result of a well intentioned idea to grant 500 to deserving long term residents getting out of control with self serving politicians getting drunk with power and granting an extra 2500 to keep their constituents happy. The uk had no interest in status grants to persons who had not even been here for 2 years. This story is an invention after the fact to blame the British for the fallout. The uk had nothing to do with it.
CNS are you guilty of false reporting?
Whilst the CNS report in this instance is not accurate on a discrete issue – do not be too harsh on them. They were not in the room and are relying on what senior Governmemt officials have likely been telling them. CNS ought to be able to rely on those representations but unfortunately…
What really happened was that our own domestic courts declared that the freeze on status grants which had been in place for some years was unlawful. We also started a real culture of human rights in aspects of our considerations. The idea was hatched to recognize 500 deserving long term residents and to award them status as part of our quincentennial celebrations. 500 were to be awarded. Others started to complain that Their preferred people had been left off. More names were added. Soon we got to 2,850. The choice of many was at best questionable. Almost every preacher was awarded status regardless of how long they had been here. Key developers (and members of their teams) received awards. Government employees who had been here as little as 2 years were given status. Many who had been here for 15 or even 20 or more years were not.
No background checks were done – and the grants were extended to thousands who had never previously lived in Cayman. Does this really sound like a process the uk would insist on. You plainly think very little of the British. What happened was the very antithesis of good governance – was quite possibly unlawful (the grand court ruled that there were grounds for a challenge) and may have been plagued with corruption in the selection of candidates with even a few stories of cash payments being made in some respects to connected persons now circulating quite openly.
The U.K. can do with us whatever they wish. They just chose not to. The sooner you learn that we are tenants and not landlords the better understanding you will have of how things work. Thank God (andQueen) for the landlords we have.
This deserves a gazzillian thumbs up. I like this a lot.
My sentiments exactly
There is no reason to believe the UK would have given out any grants. What was required was a transparent, objective process to grant those deserving. How did you arrive at the assumption that 2,500 were deserving since none of them went through the proper process? Caymanians are right to object to such a corrupt process and those that gainedrights through such a corrupt process should be ashamed.
Sorry. Not true.
TLEP seems pointless in a number of ways. It appears that it doesn't really address the need of the worker, but buys time for the employer. And anon 09:37 is right…the PR fees are ridiculously HIGH! Even an expat employed in perhaps the lower end of the hospitality industry, may have a difficult time coming up with those fees…but it seems the high fees are meant for the "uber-wealthy", who could all care less about the political climate in Cayman, just as long as their investments/property interests are protected…
As I said before, Cayman needs to make up it's mind. If only the "wealthy" are welcome, then just say so, then "make it so" and get rid of all of the so-called "undesirable" expats if you wish. It's your country.
Why would an expat want to come work and live in Cayman temporarily, make connections with people, raise their families, settle in and be told "there's the door", go back to your country?
Thanks for the hosptitable ways…
The simple question would be this – If the Government can simply state that the time spent on the island under the Term Limit Exemtion Permit does nor count towrads time spent on the island for the ourposes of PR, then why can't thay just state that all time under a work permit does not count towards PR and term limits would not be necessary.
There is no doubt that this will be challenged in two years, likely by class action.
Shock, horror….oh how terrible! Cayman may actually, very possibly, be held to the international standard of the rest of the world and be forced to grant these poor individuals some security of tenure after having lived, worked, and contributed to the wellbing of Cayman for the last 7 years. SO FREAKIN WHAT? Its about time Cayman gave something to these hardworking people, just like they would have gotten if they were in Canada, UK, or whereever. Is that really too much to ask? Is it really that unthinkable? SMH. It's about time this happens. Cayman needs to grow up and be mature about its obligations.
If this truly happens than that means Caymanians will soon have to compete with those who have shown at least 7 years of skill, experiance, and good work ethic to survive. These archaic rules are the last power Caymanians have to make employers choose them over any better worker. In most developed countries the higher education and cultural work ethic usually keep insureing that the best workers are home grown. Since Cayman is way behind on both it must fight another way to survive. Its called immigration stalemate.
In order for Cayman to have a chance to grow up, be mature and responsible it must take the steps needed to get its own workers up to the rest of the worlds standards. Unfortunately they can't seem to take even the first step in that general direction.
Too bad they will be so over their heads with debt when they realize this that there is no way they will be able to continue without a lot of help fro the very countries and people that they seem to despise right now. Then again Bush IS on a secret mission to China right now. Maybe a loan to pay off the other loan?
you do realize its not that cayman doesn't have the best and the brightest like everywhere else… Its that we get treated poorly and looked down upon because of that same attitude. We just leave and got to the US, UK or Canada.
Thank you for proving my point.
I can't believe this post got > 18 positive votes. Someone that's angry because he can't blindly emmigrate to a country, and expect them to have the same immigration laws as Canada, UK, or whereever(the rest of the world lol). It sounds like a spoilt child.
Cayman is NOT a country!!
Semantics.. most people would call any territory that has its own immigration/border controls a country. If you really want to get rid of this 'misconception', please take it up with Microsoft too.
Cooncerned Caymanian, If Cayman is not a Country then pray tell me what it is, also please describe to me what is a country that I may know.
The Prophetess writes that Cayman is a Country. If it is not will someone truly write with facts why it is not.
Country is a Geographical region, which can be a territory of a soverign state. So I believe Cayman is a regional Coountry. If it is not then I stand to be corrected. Thank you Concerned Caymanian.
The most accurate test is the "Show Us Your Seat At The UN" test.
Is Vatican City a country? It is not represented in the U.N. Are England, Scotland, Wales and Northern Ireland countries? They don't have a seat as individual countries in the U.N. but are typically referred to as "countries" within the U.K. (see e.g. http://en.wikipedia.org/wiki/Scotland) which is represented in the U.N.
Sorry, your test fails.
The Vatican City is a repository of stolen wealth (gold, silver, and other precious metals, jewelry, art, etc.) collected by the Catholic Church during the Crusades, the Inquisitions and the two World Wars.
No opinion, just facts.
LOL. If that disqualifies you as a country then I am afraid you have disqualified most of the G20! It was plundering the New World and Africa that built up European nations.
Dont you know they are one of the richest organisations in the world? and guess what, that is who our previous administrations gave all the church money to. You talk about the rich getting richer!
The Prophetess is wrong.
My back yard is a geographical region, but it isn’t a country so that doesn’t help.
There is no such thing as a “regional Coountry”. Either you are a region of a country (or other political entity), or a country.
Of the various criteria, Cayman meets the criteria of being an identifiable physical area, and has an identifiable people who are “indigenous residents” of that area, but it is not even remotely self-governing (legislative rights being wholly reserved to the Crown through the Governor). Similarly, my backyard is identifiable physical area and has an identifiable person who lives there (me), but it too is governed by someone else, and accordingly is not a country.
hey mon how about all the school children graduating every year who were born here and have at least one CAYMANIAN FULL BLOODED PARENT who can trace thier ancestry 200-300 years back. so your saying that some one whos been here 7-8 years with no ties can then be secured a life long job that can then take away a living from these students who will work & want to succeed in thier OWN COUNTRY
I SAY REVOLUTION WILL COME BO BO CAYMANIANS WILL NEVER GO THE WAY OF THE NATIVE NORTH AMERICAN INDIANS!!!!
Then you better get yourself some casinos. 25000 expats are not just going to get on the plane and fly away.
Just more evidence that its not about the jobs or taking care of businesses. Its about protecting those who can not take responsibility for themselves or their future. If Cayman were to make it even across the board most Caymanians would not have the ability to get or hold a job long enough to get by. Hence the strangle hold on everyone else. So the reasons for not giving out status is not about who deserves it but who can't live without it. Makes sense. Explains the many abuses to the system and is now understandable to the expat world. You can't stay here because Caymanians can not compete with you here. Get over it. Make your money and use it to help yourself back home.
Scaremongering!! wait and see.
Time will prove you and others wrong and when it do, we will all hear "It was"nt me".
Sorry will not change the outcome of the bad (willful) decisions made in the name of POLITICS.
See where we are now. This mentality of keep me elected, at all costs to benifit the few are doing harm to everyone.
OUR MIDDLE CLASS ARE SHRINKING RAPIDLY, and when it"s gone (not too far away now) we all know what the end result will be, it's already showing it's unpleasant face.
And those with the wealth $$$ JOBS, yes jobs will disapear too, guess what happens then.
Come on put Cayman Islands first, that's not discrimination, it's good for everyone.
That is what we did up to the early, early 80's, and everyone were content and friendly.
Most of those that spout out discrimination are generally selfish and selfcentered.
Actually a great factor in destroying middle classes their use of debt to keep up with the Jones.
It's hard to believe that everyone would want PR and unlikely that most would be able to afford it. I was just on the gov website http://www.immigration.gov.ky/portal/page?_pageid=2681,5739675&_dad=portal&_schema=PORTAL and it a $20, 000 fee if granted. REALLY? Who can afford that?
That's only for the right to live here, not the right to work. It's limited to 25 years.
Anything is possible with this government.
except good governing
When did we ever have good governing? Is'nt that why we are all griping? And which idiot thinks, that what Caymanians are faced with today in their own country, is solely the fault of the UDP AND PPM? You all need to get serious, and stop making stupid comments!
How long has the indigenous Mr. Miller been in Cayman? Did he pop up out of a blowhole, or did he evolve from some other form of life, such as Agoutis, or algae?
You reveal your ignorance. Agoutis are not from here and were imported here by Caymanian’s including Mr Miller’s forefathers as a source of food.
Mr. Miller, like all other Caymanians, is not indigenous, but he is a native Caymanian. See if you can figure out the difference.
So when do you become a native caymanian? How long do you have to be here? How many ties do you need? How un-expat do u need to be?
There are a bunch of kids from early adopters in the 60-70s who are too expat to be accepted, but know nothing else…
The definition of Caymanian is fluid and has to evolve with the very people it is trying to adopt and protect…
When do you become a native Caymanian? Thats a very important question and needs to be answered once and for all and put into the Constitution.
Obviously one does not "become" a native Caymanian. If you are Caymanian at birth you are a native Caymanian. It is important to make that distinction since it is native Caymanians who are discriminated against.
They will be able to remain. The higher normativity of the UK's obligations will always trump sub-national local legislation.