Finding a job after cancelled work permit
At lunchtime, I ran into an acquaintance of mine. He recently quit his job as a sales associate, and accordingly his employer cancelled his work permit. After telling me this, he then proceeded to show me an email exchange between himself and personnel from the Ministry of Finance & Economic Development in which he was offered a full-time position. In the email thread, the staff member said that they were impressed by his résumé. After reading the exchange, I then asked him if he was interviewed at all – whether formally or informally – to which he said no.
Now, my questions are the following:
1) When a permit has been cancelled, what legal status, if any, does an expatriate hold in Cayman and what are the subsequent implications of cancellation?
2) Though the permit has been cancelled, does the law allow him to accept this job offer given his unemployment status as an expat?
3) Can government lawfully make job offers to those that haven’t been interviewed at all?
Auntie’s answer: Your questions cross departments so I will deal with them separately. On the two issues concerning the cancellation of a work permit, I sought advice from the Department of Immigration.
A department representative outlined the implications of cancelling a work permit, explaining when that happens, the “worker’s immigration status reverts to that of a visitor”. What that means is that if the person wants to stay in Cayman past the date of the cancellation, he or she must go to immigration and obtain a visitor’s extension. While here on that extension, another work permit application may be submitted.
On the question of then being allowed to accept a new job offer, the answer is: “Anyone is free to accept or decline a job offer. However, acceptance of a job offer does not mean automatic granting of a work permit.”
As for the requirement to interview any potential candidates for a government job, an official with the Ministry of Finance & Economic Development responded that the ministry complies with the recruitment process as prescribed under the Public Service Management Law (2013 Revision) (PSML) and Personnel Regulations (2013 Revision).
The official stressed, “All positions, those filled with both Caymanians and non-Caymanians, within the Ministry of Finance are subjected to the prescribed recruitment process.”
Sections 25-27 of the PSML outline the procedures for hiring staff, which include creating a shortlist of candidates and interviewing those applicants. Section 41 of the PSML and Section 32 of the Personnel Regulations cover the “appointment of staff without open competition”.
But the official said that these appointments have specific requirements — a person returning from study on a government scholarship, or a position lasting three months or less, or in exceptionally urgent situations — and there must be prior written permission from the deputy governor.
However, the ministry representative said that no one had been hired under those two sections.
Category: Ask Auntie, Civil Service, Immigration Questions
I’m in this situation, and also have young kids. If I were to be offered a job, would immigration ask me to leave the island while the new permit is processed? It would be unsettling for the kids and tough for the parent left behind. Any one know what would happen? Immigration weren’t able to give clear guidelines. (Oh, and slightly off topic, I find the staff at the Immigration Department very helpful, hard-working and kind. What is with people hatin on them)
I know that in Bermuda you can’t apply for a new job- you have to physically leave the island before you can apply for a new job.
Who cares? This isn’t Bermuda.
Thank goodness.
Cayman isn’t a brand new world experimenting with expatriates. What will (should) happen here is the same as what will (should) happen in other jurisdictions with any immigration policy. Live. Love. Move on.