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APPLICATION FOR RESIDENCE STATUS. The Immigration Law (2013 Revision), in this Law referred to as the If an individual is married to a Caymanian or to a RERC holder, they can obtain an RERC based upon their marriage. The Grand Court concluded that: The Law surrounding Prohibited Immigrants was incompatible with Section 9 of the Bill of Rights; and. It is unlawful for a public official to make a decision or to act in a way that is incompatible with the Bill of Rights unless the public official is required or authorised to do so by primary legislation, in which case the legislation shall be declared incompatible with the Bill of Rights and the nature of that incompatibility shall be specified. comments feed “This is a serious responsibility – take it seriously,” the Deputy Governor, Hon. IF A QUESTION DOES NOT APPLY TO YOU, INSERT, “NOT APPLICABLE” OR “N/A” IN THE SPACE PROVIDED. Portfolio of Legal Affairs (PLA) Solicitor General / Chief Officer - Vacant. Cayman’s chief immigration officer will be spending her second holiday season on paid suspension, with an administrative matter pending against her remaining unresolved. Daily news, documents and intelligence about Offshore Financial Centers and those who conduct business in them that you will not find anywhere else. (iii) in circumstances where, in the opinion of the Board or the Director of WORC, the marriage has irretrievably broken down. See comments for data on current active cases. On 29 April 2020, the Grand Court in the Cayman Islands handed down a decision in the case of Ellington v Chief Immigration Officer of the Cayman Islands. The first category is the Residential Certificate for Persons of Independent Means (a " section 34 Certificate ") and the second is the Certificate of … Section 37 (4) Immigration (Transition) Law, 2018 makes it clear that a failed applicant would have to leave the Cayman Islands when it says: (4) Where an application under subsection (1) has been refused and the applicant has not appealed against such refusal or has appealed against such refusal and lost the appeal, the applicant is barred from re-applying under the provisions of that subsection and shall leave the Islands upon the expiration of any period during which the applicant was allowed to work under section 66(4) unless the applicant is entitled to remain by virtue of any other provision of this Law; and such debarment shall continue –. * Cayman Islands time is five hours behind Universal Time Coordinated / Greenwich Mean Time.The jurisdiction does not observe Daylight Savings Time. Get the latest and most accurate information. DOCUMENT.PDF. PUBLIC NOTICE. Cayman Islands Public Holidays 2021; Cayman Islands 2021 Printed Calendar; Our Brands. In October 2015, Mr Ellington’s relationship with his first wife broke down and he soon after entered into a relationship with a new woman who he was later to marry. On 29 April 2020, the Grand Court in the Cayman Islands handed down a decision in the case of Ellington v Chief Immigration Officer of the Cayman Islands. NOTES: (i) The Applicant must have a valid passport. As a Public Authority, the Cabinet Office … It is also understood that the eight people on enforced leave includes Chief Immigration Officer Linda Evans, who has been suspended for more than two years on full pay and benefits because of a still undisclosed alleged infraction. The question becomes whether or not this case also impacts: Currently, neither the Board, the Director of Workforce Opportunities and Residency Cayman (“WORC”) nor the IAT (when considering matters on appeal) appear to consider Section 9 of the BOR or at least the reasons given for their decisions do not specifically reference Section 9 Paragraph 76 of the Judgement in Ellington, certainly gives support to the contention that a two stage consideration should take place in all RERC applications and therefore there appears to be no logical reason why a decision maker should not consider the applicant (and his families) constitutional rights when considering an application under the Points System. The Chief Immigration Officer, Department of Immigration, P.O. PLEASE DO NOT LEAVE ANY QUESTION BLANK. Cayman Islands Chief Immigration Officer, Cayman Islands Immigration Appeals Tribunal, and Cayman Islands Attorney General at the Grand Court of the Cayman Islands. (3) The Chief Immigration Officer or the Board shall take into account the following, namely that-. In December 2013, while Mr Ellington was a serving prisoner at HMP Northward, his wife gave birth to a child. In consequence of his sentence, being a term of imprisonment of greater than 12 months, Mr Ellington automatically became designated a Prohibited Immigrant, by operation of Law. She was also a founding member and past president of the Cayman Islands Society of Human Resources Professionals (CISHRP). the Islands during the processing of the application. (a) the holder of a work permit; When one adds the potential consideration that the person affected may be the victim of spousal abuse and there is no caveat to exempt those individuals, the Law could very well be challenged and be declared incompatible with the BOR. Ministry of Human Resources & Immigration - Cayman Islands Jul 2017 - May 2019 1 year 11 months. Cayman Islands – Compliance Officer and the role of the Money Laundering Reporting Officer Walkers Cayman Islands December 15 2014 Introduction. It would therefore appear likely that where the revocation of an RERC would lead to an individual’s removal from the Cayman Islands by operation of Law, given the fact that they will have no alternative permission, Section 9 of the BOR may very well be engaged and therefore should be considered. Mr Hunter oversees the accounts receivables section, managing the daily inflow of revenue into the Department. Create New Account. Cayman Brac and Little Cayman Immigration Board and the Chief Immigration Officer may, on the application of an employer or prospective employer, each in its or his discretion, waive any provision in relation to advertising, but in order to benefit from such waiver the … The contents of this site are for general information purposes for the clients and professional contacts of HSM Chambers and HSM IP Ltd. Any other use of the guides, publications or other content found on this website is expressly prohibited without the prior written consent of the HSM Group. (6) It shall be the duty of the prospective employer to satisfy the Chief Immigration Officer that paragraphs (a) and (b) 4 A new RERC as the Spouse of a Caymanian application was submitted on 10 November 2016. Chief Officer - Ministry of International Trade, Investment, Aviation and Maritime Affairs, Cayman Islands Government Cayman Islands 500+ connections Join to Connect Introduction. Box 1098, Grand Cayman KY1-1102, Cayman Islands . One was positive. Services Acquiring Residence Status. In his position with WORC, he will have oversight of … Press Releases; Bulletins & Notices; Photo Gallery; Search for: NOTICE. We use cookies to ensure that we give you the best experience on our website. The individual is an asymptomatic traveller who tested positive following routine screening. It is also understood that the eight people on enforced leave includes Chief Immigration Officer Linda Evans, who has been suspended for more than two years on full pay and benefits because of a still undisclosed alleged infraction. July 27, 2014 by ieyenews Leave a Comment. The Cayman Islands is in Level 2 Minimum Suppression. On any reading of Section 37(3) it would appear that it prevents a Section 9 consideration and therefore might well be incompatible with the BOR. (6) The spouse of a Caymanian shall have no right to reside or be gainfully employed in the Islands unless he is the holder of a Residency and Employment Rights Certificate granted under this section and he shall not be entitled to apply for, or to be granted, a work permit or the renewal of a work permit, but where a work permit is in effect on the date of the marriage he may continue to work under the terms and conditions of the work permit until its expiration. The contents do not purport to be comprehensive or to constitute legal or professional advice and should not be relied upon in any manner. Chief Officer — Mrs. Gloria McField-Nixon, JP. Access Keys | Cayman Islands Public Holidays 2020; Cayman Islands 2021 Printed Calendar; Our Brands. (a) the holder falls within any of the provisions of section 51; (b) the holder’s spouse ceases to be a Caymanian or to be a Residency and Employment Rights Certificate holder; (c) within ten years of the marriage, the marriage is dissolved or annulled; (d) the holder ceases to be legally and ordinarily resident in the Islands; or, (e) the holder and his or her spouse are living apart –. However, one issue that an applicant would have to overcome in seeking to require a decision maker to apply a two stage test would be the current Law. About See All. If you continue to use this site we will assume that you are happy with it. The Grand Court concluded that: Currently, the Attorney General is appealing against the decision with respects to (i) and therefore this article will focus on (ii). Freedom of Information | 2,296 people like this. He is the past Deputy Chief Immigration Officer of the Cayman Islands Department of Immigration and has numerous accolades and awards. Mr. Scott has 21 years of experience with the Cayman … (5) Notwithstanding subsection (4), where in his opinion there exist extenuating circumstances, the Chief Immigration Officer acting in person may approve the application. For all your immigration needs in the Cayman Islands see immigration expert, Mr. Dennis Brady at Integrated Immigration and Concierge Services. Becoming a Belonger. The decision of the Immigration Appeals Tribunal was wrong in Law. their section 9 Bill of Rights (“BOR”) right to a family and private life. Mr Ellington is a Jamaican national who has resided in the Cayman Islands since 2007. By the time of the rejection of the second RERC application, Mr Ellington was only permitted to stay in the Cayman Islands as a result of an interim injunction obtained on 10 November 2016, preventing his removal from the Cayman Islands pending a leave application to Judicially Review his designation as a Prohibited Immigrant. You are here: Community See All. This recognition highlights HSM’s philanthropic contributions to the Chamber and businesses in the Read more +, Robert Mack (HSM’s Head of Private Client and Trusts) shares: As a longstanding wills and estate practitioner I have encountered many homemade wills. In order to confirm that a substantial business presence has been established, the Chief Immigration Officer will consider whether the applicant has established a physical presence on the Islands. The decision of the Immigration Appeals Tribunal was wrong in Law. Feedback | It would appear that Section 40 (1), like Section 37 (3), leaves no discretion to the decision maker to consider Section 9 of the BOR. (3) Nothing in any law or done under its authority shall be held to contravene this section to the extent that it is reasonably justifiable in a democratic society —. Ministry of Employment and Border Control. 298 check-ins. On 29 April 2020, the Grand Court in the Cayman Islands handed down a decision in the case of Ellington v Chief Immigration Officer of the Cayman Islands. For the first time, the Grand Court has stated that Section 9 considerations must form part of a formal decision process when considering RERCs. 2,532 people follow this . Chief Officer — Mr. Wesley Howell, JP. (a) in the case of a worker, until the worker re-qualifies under the criteria contained in this section having taken the break in stay required under section 66(1); or WORC is now accepting and processing all applications. You can find information about Immigration Department (Grand Cayman) - Chief Immigration Officer Cayman Islands, including Address, Website, Contact Number, Directions and more. As a result of the breakdown in his first marriage, Mr Ellington’s RERC application was rejected. Alden McLaughlin, MBE, JP: Chief Officer - Mr. Wesley Howell, JP (Human Resources and Immigration) (345) 949-7900: Immigration (345) 949-8344: Police (Budget and Support) (345) 949-4222: Labour and Pension (345) … The Cayman Islands is currently under Level 2 Minimum Suppression. 2. Whilst the details surrounding her suspension are being keep very quiet we understand that there's a corruption investigation involving her. The annual renewal for Legal Practitioners and Notaries Public are now due for 2021. 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