IRT boss vows better system
Posted on Mon, 03/22/2010 - 05:55 in Headline News
(CNS): The chair of the Immigration Review Team (IRT) has said that the planned changes to how work permits are granted will improve for both Caymanians and employers when they are implemented. Sherri Bodden Cowan told a recent meeting of the YUDP that the new accreditation system would not only offer employers a more efficient way of getting the people they needed but it would offer better protection to local workers as well. The chair of the IRT explained that because the system was more transparent and precise, the Immigration Department and relevant boards would have better information about the compliance of employers when granting permits and key employee status.
Facing a number of questions and concerns from people at the Young United Democratic Party meeting last Thursday that employers were not always honest about the training they offered or the efforts they made to promote Caymanians, Bodden Cowan noted that this system would make employers more accountable.
With a number of people at the meeting pointing out that employers had a tendency to ‘fudge’ or ‘dodge’ their obligations to train Caymanians into posts held by work permit holders, they asked what safeguards would be in place to protect them before these employers were given permits and key status.
“The accreditation system will allow immigration to gather more information. I support this system as it asks more precise questions of employers,” the IRT chair told the meeting.
She explained that the goal was to create an on-line tool where employers will be able to feed in the information about their firm so it is there permanently and available for assessment. Employers would be reviewed and checked to make sure the information they give is truthful and enable Immigration to cross check, eliminating some of the weaknesses with the current Business Staffing Plan, which she admitted had not worked how it was intended.
Bodden Cowan denied that the new system was about offering key employee status on mass. She said the allocation of key status under the system would be more rigid as employers would only get the status if they demonstrated they were good corporate citizens. Right now, she said, any employer, good or bad, could get key status from foreign staff.
Warning that the key to the system’s success would be enforcing the rules and verifying facts, Bodden Cowan said in the first instance the accreditation system, which was a by-partisan plan that came from an assessment of the Immigration Department started by the former CIO Franz Manderson (now Chief Officer of the Portfolio of Internal & External Affairs) would be rolled out in phases. She said the pilot phase would begin with the financial services industry and if it worked it would spread to other sectors.
“Each industry has different things that they contribute to the community and the economy, so we will need different assessments,” she said. “Some people say it’s not going to work, that it’s just another way of asking another bunch of questions and it won't make a difference. We need to prove this system can work.”
Bodden Cowan said the points system would allow the government to reward employers that were dealing with society's needs so those who employed more young people, contributed to youth programmes or dealt with more challenging things like employing ex-offenders would benefit. “We can adjust the points system to encourage companies to invest in the areas that we as a society feel are in need at any given time,” she added.
Criticizing the opposition party for the misinformation she said they were spreading about the government's plans for immigration, the IRT chair said there were absolutely no plans for mass status grants and pointed out that the law simply does not allow that to happen. “The UDP has been accused of looking to do another major status grant but there is no question of that as the law does not allow for it. The status grants have to be done by the Legislative Assembly and the law says there can only be four per year. The law would have to be changed before any more could happen, so it would be debated and the public would know.”
She said, however, the PPM continues to repeat it in order to scare people, but she said Cayman could no longer remain a small village and enjoy economic success. “We can't expect to remain a small village and be a successful financial centre as well. With that success comes need for ex-pat workers,” she added. “Who is going to start a business if there is no one here to buy the services? Success won't come without people from overseas. We need to protect and promote Caymanians but we need foreign investment and expertise, so we have to find the balance.”
The IRT chair said the first legislative changes to immigration would come to the Legislative Assembly in the next few months and there would be time for people to offer input as well as discuss and debate the changes.
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Yes Cayman if we had left
Yes Cayman if we had left this Product Cayman alone and person coming here were told this instead of the constant pandering to their every whim we would be in a better position today and not dependant on Immigration fees to supplement our islands economy. Another situation insituted by our so call native Caymanians.
Support the IRT Cayman It
Support the IRT Cayman It will grant more expats key employees status and PR could someone please explain to me how the h@*# Caymanians are going to get more jobs and as far some of these so call "native Caymanians" looking after Caymanians when it comes to money and their wealth. We all know in Cayman who wins that epic battle. It is this same corrupting foreign investment influence and promise of wealth that has help change this equation in Cayman. It is these same foreign investors who are importing their friends and family pushing qualified young Caymanians out of jobs today. How about CRT Caymanian Review Team focusing on protecting Caymanians. Think about this Cayman we give them PR and then they become "Caymanian" and then start doing rthe same thing they doing now bring in family & friends what is going to happening to our Native Caymanians then?
Will someone, please help me
Will someone, please help me to understand? I am one of those "Expats" who is coming close to the seven year mark. I fell in love with these islands and the people here instantly. That love has only grown in strength over time. I work in a unique job position for a small business geared toward the tourism product. I do not bring in a large income and I spend virtually all of it locally, other than funding a few trips back home to visit with family. I do not have "Key Employee" status. Perhaps I would qualify and perhaps not. The stories I have heard about the large number of failed applications are disheartening.
Should the business risk balancing the financial and emotional cost of pursuing such an application against putting that same energy toward preparing the company for a difficult transition (perhaps even closing it down) as well as the personal cost to set up a livelihood in a new location? Should I consider leaving for a year and then come back? Do I secure a new job and then pull up those tender new roots and obligations in order to return? It seems to me, that would be an awfully drastic and distasteful solution.
I respectfully understand and appreciate that "Permanent Residency / Status Grants / Naturalization / Right to Vote / Right to Social Assistance etc." must be well controlled and protected for the greater good of the country and its’ people. This is as it should be.
There so much controversy, fear and division about all of this. I have spoken to numerous Expats about this issue and to be honest, the majority of them have no interest in gaining permanent status or voting rights. There is however, a strong interest in being able to stay and work for longer than seven years. I, for one would gladly sign away those rights in order to stay longer. I do not wish to be a burden on this society or take away a job that should rightfully belong to a Caymanian. Please help me to understand why there is no option set up for someone in my shoes to be welcomed and encouraged to stay?
Other Side of the Coin.
Other Side of the Coin. Whilst I do support rollover (in the absence of anyone giving a better option which is also workable) I very much feel for you, and those in your position.
Only your employer can make an application for Key Employee for you. If you truly qualify, you do have excellent prospects of succeeding in such an application. Regrettably, the very fact that an employer may be dithering as to whether or not to make an application for you is likely indicative of the fact that you are not really key. I hope I am wrong and you give it a shot.
Many persons, including myself and many other Caymanians have tried to resolve the issue by trying to incorporate provisions under which persons would have the option of agreeing not to pursue certain entitlements. The answer is however always (and consistently) the same. Under European Law, if the Cayman Islands are to allow people to become Caymanian based on residence, then we cannot require more than 10 years residence before someone is eligible. If we allow someone to stay here for 10 years then (generally) they have a right to apply. The basic premise is that if you have a "Human Right" to something, you cannot contract out of it. It is inalienable. It is there. It supercedes all else. Any "contract" you sign would be unlikely to be worth the paper it is written on. It would be void.
Even if that analysis is wrong, the fact is you might have children. They would be born here and grow up here. Children cannot sign away rights, and you cannot sign them away for them. If at age 15 we said to your kids, you must go, they would turn around and say I know no other home, you cannot make me leave.
Hence the dilemma.
Ironically, this whole problem is caused by Cayman trying to be Human Rights compliant. Bermuda, for example, does not have any of these issues because they refuse to make it possible to become Bermudan based on residence. If Cayman refused to grant status at all to anyone based on residence (as opposed to marrioage and descent) then we would not need to be as strict on rollover.
Madness, but you see, never a good deed goes unpunished.
I hope this helps put it in perspective, and am sorry this is where we all must find ourselves.
Anyone have any other options?
Thank-you so much for your
Thank-you so much for your kind words and informative reply. This, as well as some of the other replies below, have given me a new spark of hope and we will certainly explore the possibilities further. I also hope that others who read this thread will see, as I have, that there continues to be a solid core of both Caymanians and Expats that truly care about each other, despite the negative voices of dissent and the restrictions of the law that must be adhered to. I have always believed that if both "sides of the coin" continue to strive toward a positive working relationship, they will find a way to make it work.
Key employee designation is
Key employee designation is available to all business regardless of size. Therefore I would suggest that your employer submit the application with the required information & documentation. That is assuming that they deem your services key to the business survival. Maybe even enlist the assistance of one of the better Imm. support companies. Most requests over the past several years have succeeded, in spite of the rumours. If the request is not approved then you can have a 1 year break and return if you wish. Nothing ventured nothing gained. If your request is granted then you can refer to this country as home and then spend some money visiting your family where they live. :))
By the way, most residents understand that most expat workers do not wish to have permanent status, but the international regulations would insist on it if persons stay too long. Therefore these local rules were put in place. Much like everywhere else.
I feel the same. But there
I feel the same. But there is no option at present because it's been used as a political football.
Thanks to the feed me and get
Thanks to the feed me and get out attitude of the islands you and all the other reliable, hard working, and professional people are screwed. Hope your business can do without you for the next year, six months, or what ever they finally decide if they ever do.
Can't do that, a ****** might
Can't do that, a ****** might slip through.
The problem is the UN who say
The problem is the UN who say that we are not allowed to do that because of Human Rights issues.
What you want, is what many Caymanians wanted. But we were told that we could not do that. That's why the UDP brought the Rollover Policy, and made all those status grants in 2003.
Lets give the IRT our support
Lets give the IRT our support in finding a practical solution that will benefit both locals and expats. We need to encourage suitable foreign investment and secure good positions for Caymanians.
I believe the BSP is a good thing and if it is operated in the spirit of the law it will benefit Caymanians. We should not give into unfounded fears but must learn to think critically.
Ms Sherri Bodden-Cowan as a Native Caymanian I can only believe you have all Caymanian interest at heart and will do what is just, right and in our best interest thus granting mass PR or Status will not be in our best interest. The indigenous population is fast becoming like the Blue Iguanas, need I say more we need all the protection and help that we can get. We look to you for protection from mass immigration but also to be balanced in your approach towards the people who live and work amoungst us.
The current system is flawed and in need of review why don't we setup a committee of Native Caymanians (on a rotation basis) from a cross section of the community (taken from the Elections Register of 1984) to sit in on the meetings of the IRT and BSP each week and make recommendations which you can take on board.
I also recommend that every prospective "Key Employee" is given a thorough (worldwide) background/criminal check in addition each of their Caymanian co-worker should be interview by the panel to get a better idea of the character of the individual before their application is granted. After all these people will eventually get the right to be "Caymanian".
In closing, I don't think that we should have to constantly relive our ancestors' mistakes.
The IRT, much like the Miller
The IRT, much like the Miller report, many before it and undoubtedly many to follow it, has a pre-determined outcome they have to arrive at.
The outcome of the review is not in question, it is already known. The only thing left for them to do now is to attempt to find means with which to justify the desired outcome.
Give them our support? Why bother.
IRT stands for Immigration
IRT stands for Immigration Relax Team. Relax Cayman we know best you need a partime job picking up trash along the road while expats run your economy and island so Relax Caymanians every little thing is going to be all right.
in another CNS article it
in another CNS article it says youth employment down..and UDP is creating key employee for expats! great just what we need!
Here we go again. This will
Here we go again. This will end in 9,000 + status grants. The UDP think they are clever....well perhaps they are because not many people seem to understand whats happening here.
They will all need those 8 foot concrete walls soon. Just watch !
You cannot open the floodgates and expect to live peacefully any longer.
Social collapse cometh unfortunately !!!!
This sounds like Enoch
This sounds like Enoch Powell's "rivers of blood" speech. Pathetic fear mongering.
But there are rivers of blood
But there are rivers of blood in the streets. Just ask west bay. Enoch Powell was mistaken in the end, but then, Britain was not infiltrated by 100 milllion foreign nationals imposing their culture.
....and this is coming from
....and this is coming from someone who said we need to give more PR's & increase our population (paper Caymanians)? I remember during the election campaings, she said on a couple of occasions that if elected the UDP planned to grant PR's instead of work permits!
....and we are meant to believe this woman? Yea right! Whatelse do we expect? Afterall, she is associated with Bush! I'm am tired & fed-up with the UDP's constant giving away of our country! I AM SICK OF IT! It is all about the almighty dollar!
Does this 9,000 plus include,
Does this 9,000 plus include, or exclude, the PPM's 4,000 and UDP's initial 3,000?
Show us where PPM gave any
Show us where PPM gave any 4000 status or whatever you say BUT it is FACT what you people did with the 3000 in 2003 but I suppose you agree with it jus cus you one of the fool fool lackies.
I think the UDP believe if
I think the UDP believe if you repeat a lie enough then it becomes truth. They must take the public for fools.
and what about all us people
and what about all us people who just complain for the sake of complaining?
What about us!
You should go to: The
You should go to:
The Department of Irrelevant Complaints
135 Pissed-Off Square.
Grand Cayman
Their offices are open Mondays only.. from 8:30 am-8:45 am You missed it until next week.
“The UDP has been
“The UDP has been accused of looking to do another major status grant but there is no question of that as the law does not allow for it. The status grants have to be done by the Legislative Assembly and the law says there can only be four per year. The law would have to be changed before any more could happen, so it would be debated and the public would know.”
Here are a few facts:
* Sherri Bodden Cowan listed out a number of positions that would be presumed 'key' (employees) at the last Cayman Business Outlook with in the financial services sector; and that the UDP government would be looking to extend those policies to other sectors including Tourism.
* There are hundreds of people now, and potentially thousands who will be, presumed to be 'key' employees.
*Key Employee Status leads to Permanent Residency.
*Permanent Residency leads to Caymanian Status.
Sherri, McKeeva, and the rest of the UDP need to stop misleading the Caymanian public on this issue.
@ Anon 14:10, I agree with
@ Anon 14:10, I agree with you 100%, but further to the important points you make, I would like people to listen carefully to what Mckeeva Bush, Ms. Cownan & the UDP actually say. They claim that the UDP will not be granting any Cayman "STATUS," but no one is accusing them of granting "STATUS"!!! What they do not deny is that they will be granting thousands more PR's (which will eventually become status). They think we really are "fool-fool"!!!
This post is for all those
This post is for all those PPM's who say they were only against Mac's 3,000 because of the way he did it and not that it was done. Clearly this PPMer is against giving out any residency / status regardless of the process. The words inhumane, unconscionable, and delusional come to mind. Delusional because the writer clearly ignores how many thousands the PPM gave out.
Show us the evidence of "the
Show us the evidence of "the many thousands the PPM gave out". I know you cannot since it is a lie.
And to think your party gave
And to think your party gave out 4,000. What a disgrace.
My party? ERRR!!! Sorry, but
My party? ERRR!!! Sorry, but I don't have a party! But maybe what your party should try & do is get your facts & figures the same as each other! In fact, you should try & get your facts straight! Some of you claim the PPM gave 4000 (really?), some claim it is 2800 while others claim it is 1000! GET IT STRAIGHT. It makes you all look stupid! By the way, whatever amount the PPM did grant was done to try and "RIGHT THE WRONGS" done by the terrible granting of over 3000 status by the UDP! The UDP gave thousands of status to persons who did not qualify, people who did not live on the island, people who had never been here, people who had only been here for a few months & people who were living here for just a couple of years! And no background checks were done! WHAT??? That was A DISGRACEFUL ACT, UNFORGIVABLE! While doing this they ignored THOUSANDS of people who had lived here for 20, 30, 40 & 50 years, people who qualified and fully deserved status! Can you believe this XXXX? Therefore the PPM residency board had no choice but to try & "RIGHT THE WRONGS" of the irresponsible UDP government!
don't forget at least 2 in
don't forget at least 2 in jail got status. They probably brought in at least 6 or 7 dependants each who are either in jail or outside committing crimes, or on social services. The leadership of this country is a disgrace. Why anyone voted this party back in is a complete mystery. I still have trouble believing it. No I'm not PPM either but really, this man gave away your birthright and you voted him back in.
My party? Last time I
My party? Last time I checked, I wasn't registered with any party.
I don't think you should
I don't think you should speak of facts. Getting key employee only allows one to apply for residency. It does not lead to it. Especially if the PPM are back in. Getting Permanent Residency doesn't lead to Caymanian Status. First one has to get naturalized. There are all sorts of reasons one can lose PR, poor health, dishonesty, divorce, sale of land. And don't think for a minute any or all of these won't be used. Each step of the way, the applicants pay exorbitant fees that contribute to the upkeep of the civil service. Your post reeks of ignorance and hate. Please allow me go out on the limb here - you voted PPM.
You start off well, and
You start off well, and whilst the facts you state are accurate, please also let us know just how many of the hundreds of PR holders that have sold land (if they ever owned it in the first place), have failed to pay fees, have been dishonest, have moved away, or any other of the multitude of reasons the law says ought result in their PR (or for that matter, Naturalisation or status) being revoked, have actually lost it?
While I agree with most of
While I agree with most of what you have said, I beg to differ with your agreement with the statement that one must be naturalized before getting Caymanian Status; it is NOT a fact that one must receive Naturalization before receiving Caymanian Status. It is in fact the other way around.
One MUST have received Caymanian Status BEFORE one is able to become naturalized.
Section 22(1) of the
Section 22(1) of the Immigration Law (2009 Revision) states
(1) The Caymanian Status and Permanent Residency Board may, subject to section 24, grant the right to be Caymanian to any of the persons referred to in this section.
....
(3) Any person who is a British Overseas Territories Citizen by reason of a certificate of naturalisation or registration issued under the British Nationality Act, 1981 by virtue of his connection with the Islands, or any Act preceding, amending or replacing that Act, may, if he has been legally and ordinarily resident in the Islands for at least fifteen years or at least five years after the receipt of that grant, apply for the grant of the right to be Caymanian.
Unless there has been a radical amendment of the Immigration Law since the 2009 Revision that I am unaware of, your statement is incorrect.
I apoligise, I admit when I
I apoligise, I admit when I am wrong.
I just called the Deputy Governor's Office to be informed that the law has changed since I last checked. It USED to be the other way around.
Let me go out on a limb here,
Let me go out on a limb here, the person posting Anon 19:30 voted UDP! I am sorry to inform you Anon 19:30 but your posting not only reeks of ignorance & hate, but it stinks of rotten sarcasm! All the points you make do not hold water because every reason you give why PR does not necessarily mean status & how "one can lose PR" mean absolutely nothing if the UDP is the government, & we have people like Mac Bush & Sheri Cowan at the helm! The UDP, Bush & Cowan won the elections by promising to replace work permits with PR's. That was one of their biggest election promises: grant as many PR's as possible! I doubt that poor health, dishonesty ("birds of a feather"), divorce, or sale of land would encourage the UDP to revoke someones PR! Don't you understand that money is the root of all evil & it talks very loudly?
It is good to see that you are promoting the fact that the PPM look out for Caymanians, because that is so true! The PPM is not anti-anyone, but they are most definitely pro-Cayman! I repeat, the PPM is pro-Cayman, unlike the others who seem to be pro-"you know who"!!! We live in Cayman & we must look out for Caymanians first & foremost.
I don't think you should speak of facts!
You best wake up Star before
You best wake up Star before its too late!
You are another one trying to
You are another one trying to mislead people.
Lead means on the path to. Yes, there are many reasons that could possibly prevent advancement from Key Employee to Permanent Residency and Permanent Residency to Caymanian Status.
However, it does NOT detract from the FACT that they are on that road to naturalization; which will give them the right to vote.
You speak about facts...I suggest you check your facts when you decide to speak/write. A person MUST receive Caymanian Status BEFORE you can be naturalized; not the other way around.
What ignorant or hateful information have I provided in either of my postings? I believe you are projecting your own feelings onto me.
P.S. For all you know, I voted independent...nowhere in my post did I tout any party. You, however, automatically assumed that because I disagree with the UDP that I must be PPM...I won't assuage your curiosity.
"A person MUST receive
"A person MUST receive Caymanian Status BEFORE you can be naturalized; not the other way around."
Where does it say this?
...but it still doesn't
...but it still doesn't change my point which is that Key Employees are on the road to Permanent Residency and Permanent Residency is on the road to Caymanian Status.
The UDP is trying to fool the public about their plans to increase the population, as someone else pointed out.
I apoligise, I admit when I
I apoligise, I admit when I am wrong.
I just called the Deputy Governor's Office to be informed that the law has changed since I last checked. It USED to be the other way around.
Actually, if you have PR you
Actually, if you have PR you must be naturalised before you can apply to become Caymanian. Similarly, there are many persons who are Caymanian but cannot get naturalised.
Mistakes can be made by
Mistakes can be made by anyone, but I still trust Sherry with what ever she has on that pot boiling. She cant please everyone, but she will try. Give her the chance to see whats cooking.
the pot will boil over and
the pot will boil over and burn us
Sherri - you say "Right now,
Sherri - you say "Right now, any employer, good or bad, can get key employee status for expat staff."
As a matter of fact that is true, but I believe that as a matter of existing law, it is not.
Section 49(4) of the existing law says " BEFORE (emphasis added) the Board CAN (emphasis added) designate a worker as a key employee ... it must be satisfied etc etc...and (only) then MAY (emphasis added) grant the application AFTER (emphasis added) first taking into account the s.44 criteria as relate to the application.
The section 44 criteria that the Board must take into account are the Caymanian Protection provisions, training schemes, promotion, protection of local interests etc.
A "bad" employer does not (and cannot) satisfy the s. 44 criteria - so how is it that bad employers are indeed getting key employee granted for their expatriate staff?
There are three explanations. Either the employers are lying to the Board (a criminal offence which renders any grant made void), or they are misleading the Board (an offence which renders any grant made voidable), or the Board is acting outside their powers (which renders any grant made, void).
So tell me again? How are bad employers getting key employee status granted?
And since the law already makes that impossible (although I accept it happens regularly) how are you going to stop it. It is already "illegal". Are you proposing to make it "really illegal". Further, what about the Caymanians whose careers have been significantly damaged while their treatment was only illegal? Are you throwing them away as "collateral damage"?
Interesting post. Do you mind
Interesting post. Do you mind if I ask if it is a criminal offence for someone to tell multiple lies to a Board's about another person?
Absolutely. It is. Misleading
Absolutely. It is. Misleading the authorities is an offence.
Thank you.
Thank you.
The answer turns on the
The answer turns on the definition of "bad employer".
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