Expert: Robert Clark - 9/21/2010

Question
Hi there,

I worked in Cayman for over 2 years in the same job. When I
left I failed to get the visitor's stamp until about a month
after my other stamp expired. Firstly because I didn't know
I needed one, and secondly because I thought my new employer
had applied for my new permit. When I found out that I had
no paperwork pending, I took my application to immigration
myself and they technically "arrested" me on suspicion of
over staying. I paid a fine and they said everything was OK
and to go submit my paperwork. I did not have to leave
island. A few days later I found out my permit had gotten
denied due to my over staying. So we submitted new paperwork
with a cover letter explaining my over staying was not on
purpose and asking for a reconsideration. This got denied
again. So I left when my visitors stamp was up. I have now
been off island for about a week and a half.

My question is how long do I need to be off island for? Does
it matter or can I apply for a new permit with a different
employer immediately? I know in some cases 2 months is
standard and that solves everything. I'd like to be sure
before submitting any paperwork prematurely, because I do
need to get back.

Any help would be appreciated!

Answer
Talisa
I'm sorry for the delay in replying, but I have been trying to get one of my contacts who works in HR to comment.  Unfortunately I think they are away at the moment, so haven't had a reply yet.  If they do reply soon, I'll let you know.

However, you may want to read through the Immigration Law and regulations yourself at http://www.immigration.gov.ky/portal/page?_pageid=1608,2524798&_dad=portal&_sche...

I can't find any mention of overstaying in the regulations, but there are some mentions in the Law (page 69).

To me, this would imply that you are really in the hands of the Immigration Department.  I don't know what industry sector you work in, but I think it would stand you in good stead if you could demonstrate you had been as asset to the community (eg though voluntary work).  If you have done anything like this, it may help if you can get a supporting letter from your supervisor.

Sorry I can't give any further guidance.

Regards
Robert
-----

I've finally had a response from my contact.  They advise:

Write a letter to the Chief Immigration and explain why you overstayed.  Then await a response.  Normally when you are fined for overstaying you can re-apply to enter after two years.  

While that’s all good about never intended to overstay, the onus is on the passport holder to keep their time up to date.  Not their old employer or new employer.  

Good luck!
Robert