According to the Immigration (Transition) (Temporary Work Permits and Business Visitors’ Permits) Regulations (2024 Revision) published in a Legislation Gazette this month, there is still no mandatory requirement to have a training programme in place for Caymanians when granting or renewing a work permit. This appears to be the case, contrary to the belief held by some Caymanians.
Specifically, the Immigration (Transition) (Temporary Work Permits and Business Visitors’ Permits) Regulations (2024 Revision) signed off by the Cabinet states as follows:
6. (1) The Board or the Director may require an applicant for the grant or renewal of a temporary work permit to provide details of any programme that the applicant has that is designed to ensure that Caymanians are provided with the instructions and practical experience necessary to make them fully qualified to carry out the job concerned satisfactorily and as expeditiously as possible.
According to definitions provided by the Legal Information Institute on the Cornell Law School website, when the word “may” is used, it “is an expression of possibility, a permissive choice to act or not, and ordinarily implies some degree of discretion.”
The Legal Information Institute added, “Shall is an imperative command, usually indicating that certain actions are mandatory, and not permissive.”
Based on these definitions from the Legal Information Institute, it appears that, unless the Cabinet or Legislature had some other clear intention, the use of the word “may” in section 6 of the Immigration (Transition) (Temporary Work Permits and Business Visitors’ Permits) Regulations (2024 Revision) means that the Board or the Director of the Workforce, Opportunities and Residency Cayman Office can exercise some degree of discretion regarding the requirement for a training programme for Caymanians when granting or renewing a work permit.
It could be that discretion is relevant when small businesses or one-person entrepreneurs are applying for a work permit and do not have the resources to establish a training programme. However, if this is the case, then perhaps section 6 of the Immigration (Transition) (Temporary Work Permits and Business Visitors’ Permits) Regulations (2024 Revision) should state that “unless exceptional circumstances are present in the opinion of the Board or the Director, the Board or the Director shall require an applicant for the grant or renewal of a temporary work permit to provide details of any programme that the applicant has that is designed to ensure that Caymanians are provided with the instructions and practical experience necessary to make them fully qualified to carry out the job concerned satisfactorily and as expeditiously as possible.”
It is becoming increasingly difficult for Caymanians to survive in a rapidly growing population and where they are now in the minority. Escalating living costs are making it even harder for some members of this minority to thrive. It is only common sense that policymakers should take action to protect Caymanians by tightening legislation instead of leaving them to fend for themselves in an uncertain job market.
If legislation and regulations are not put in place to safeguard the long-term interests of Caymanians, there will be no level playing field for them, even if they are hardworking and qualified.
For more on the Immigration (Transition) (Temporary Work Permits and Business Visitors’ Permits) Regulations (2024 Revision), please see the below link:
https://www.gov.ky/publication-detail/immigration-(transition)-(temporary-work-permits-and-business-visitors%E2%80%99-permits)-regulations-(2024-revision),-(lg7,-s1)
