Expert: Drew Wilmoth - 10/30/2008

Question
Hi,

I am currently staying in Grand Cayman with my girlfriend who has a temporary work permit with KPMG (currently applying for an annual work permit).  I have an extended (final) visitors visa until the 19th November.  I am having difficulty finding employment within my profession and am looking for advice on temporary employment.  First of all I am not sure what the implications are with work permits for short-term work.  Secondly, if a prospective employer contacted me regarding employment, what are the procedures for leaving the temporary work and applying for a work permit for a job in my profession?  Any help you could give me would be greatly appreciated.

Answer
Most jobs of a temporary nature are seasonal jobs within the tourism industry. Now is a good time of year to search for such work. Work in hotels, bars, restaurants, and other tourism based businesses is often available on a three or six month temporary work permit.

For any job, the prospective employer will need to take out a work permit for you. This is a significant cost to the employer. To preserve their investment in your work permit, the law permits an employer to object to the issuance of a new work permit with any other company during the term of your current permit.

In order to accept a new position you must either wait until your current permit is set to expire or your current employer must provide a letter to the Immigration Department releasing you from your current permit.

Finally, for certain skilled positions your old employer could object to the issuance of a new work permit with a competing company even if your current employer does not intend to renew your work permit.

You cannot be physically present in the Cayman Islands while an initial work permit application is being submitted on your behalf. Once you are working with a permit, you may continue to do so while any application for renewal of your work permit (for the same job with the same employer) is processed.

If you are working legally on a work permit, a new employer may submit an application for a work permit for a new job while you are physically present in the islands. The new employer should make the application sufficiently in advance to allow for processing. Your new work permit can start from the day following the expiration of your old work permit.

So, as an example, you could accept a bartending job on a six month temporary work permit. While that application is being processed you would need to physically leave the islands.

While working in this job you can then search for a job in your usual line of employment. If your employer for the bartending job agrees, they can write a letter releasing you from your position and you could take up a job with a new employer upon issuance of the new work permit.

If your employer does not agree to release you, you would need to work out the duration of your work permit bartending while the application is submitted for the work permit for the new post. Alternatively you could quit the bartending job and leave the islands until the term of your initial work permit would have expired.

Finally, you cannot remain in the Cayman Islands as a dependent on your girlfriend's work permit. Should you get married and your girlfriend's employer agree to list you as her dependent then you could remain while you search for a job to your liking.