Expert: Drew Wilmoth - 11/27/2008

Question
Hello, I am coming to Grand Cayman in January and my financial services firm have obtained a work permit on my behalf. My girlfriend has a job offer from another firm on the island who are processing the work permit application at the moment. They have said that a local Caymanian candidate applied for the job but they are still going to process the application on the basis that the local candidate was not qualified. We're a bit concerned that the fact that a local applied might mean that the permit will take longer to come through, so we will not be able to travel to the island together in January, or might even be refused. Do you think that might be likely?

Many thanks,
Mat.

Answer
Matthew,

I delayed a response as certain changes in the handling of work permit applications are soon to be forthcoming. I wanted to ensure that I provided correct information.

The practice for several years has been that all work permit applications have been reviewed and approved by a Work Permit Board. This board is largely comprised of businessmen in the community who agree to serve in this capacity.

As the numbers of work permit holders have dramatically increased in recent years, the Work Permit Board has developed various manners to deal with the increasing load. They have been meeting 3 full days per week and have split into various sub-committees to provide an opportunity to process more applications. Still there has been a delay of several weeks to several months to process a work permit application. The increasing load has made it more difficult to find persons willing to take so much time from their own businesses to serve in this capacity.

To relieve this burden, the government is making changes. Non-controversial work permit applications and renewals will now be handled administratively by Immigration Department staff. As of today, Monday December 1, 2008 they will begin accepting applications for seasonal workers. Beginning with January 2009 this will expand to include all non-controversial work permit applications and renewals.

In a speech this past week the Leader of Government Business Kurt Tibbetts explained these changes and emphasized one point. All applications for a work permit where a Caymanian has applied will still be heard by the Work Permit Board.

With these changes forthcoming, it is difficult to determine whether your girlfriend's application will take longer. Her application will be heard by the Work Permit Board. Their caseload should begin to fall and they should begin to be able to process applications such as your girlfriend's in a more timely manner.

It is not necessarily unusual for a company or even the government to choose to hire a qualified foreign national over a Caymanian. The first duty of the employer is to evaluate both candidates and determine who is clearly better qualified. This is easier to do for occupations which require specific professional qualifications.

For example, a Caymanian who is certified to scuba dive at a level less than instructor would not be able to earn a position as a scuba instructor. An employer would be clearly justified in hiring someone who already has an internationally recognized instructor qualification.

If indeed your girlfriend clearly holds the requisite qualifications for the position and the Caymanian candidate does not, then your girlfriend has nothing to worry about. The more closely matched her qualifications are with those of the Caymanian candidate, the more likely her application is to be refused.

No employer is so foolish as to refuse to hire a Caymanian if they are clearly qualified. Work permits come with substantial fees of several thousand dollars per year which the employer must pay. They are highly unlikely to proceed with your girlfriend's application if they felt the Caymanian candidate was suitably qualified.