Can a person who has been rolled over return to Cayman as a tourist for a vacation during the period of that rollover or do they have to be totally absent for the whole year?
Auntie’s answer: The Department of Immigration website addresses your question in its work-permit section; go to this link to the FAQs.
Anticipating that a bit more information might be needed, though, I asked an immigration official to clarify things and was told, “For immigration purposes, an individual on rollover who visits the Islands is simply a tourist and subject to the normal restrictions for visitors as set out under Sections 67-69 of the Immigration Law (2015 Revision).”
To make sure there is no misunderstanding, you should know that visitors are normally given anywhere from two to four weeks when they first arrive.
If you were hoping to stay longer, say get a six-month extension, the official explained that you would need to apply to the chief immigration officer. You would also need to show that you were here “for genuine touristic purposes and not ‘living’ on island” and that you have the funds to maintain yourself while on island without working.
There is nothing in the law prohibiting people who are on rollover from visiting Cayman. What you should know, though, is “the frequency and duration of those visits will be taken into consideration and may affect the re-calculation of their term limit. Again, each application for an extension is considered on its own merits and facts.”
Importantly, the official pointed out, that means “the ‘rollover year itself may be subject to recalculation”.
In other words, it is possible that the amount of time you need to take from when you were initially rolled over to when you may legally apply for another work permit may be adjusted according to how long you visit Cayman in between.
Therefore, if you are hoping to return to Cayman to begin living here on a new series of work permits, I would suggest you decide how badly you feel the need to drop in for an extended visit of more than a few weeks.
I am the person who asked Auntie this question and I found the answer very helpful. Thank you.
“There is nothing in the law prohibiting people who are on rollover from visiting Cayman. What you should know, though, is “the frequency and duration of those visits will be taken into consideration and may affect the re-calculation of their term limit. Again, each application for an extension is considered on its own merits and facts.”
Importantly, the official pointed out, that means “the ‘rollover year itself may be subject to recalculation”.”
This is the problem with the law, open to interpretation for a very simple situation. Either you can come or you cannot. You either get recalculated or you don’t. But hey immigration law is a shambles.
The Law is a shambles but there is a difference between a long weekend visit to see old friends, and living here, if only for a few weeks.
I would like my ex helper to look after my house and pets for a maximum of two weeks. I presume that would be ok?
Nope.
Why not?
Because Ezzard does not like cats.
Ah, yes, I see. Well that seems reasonable doesn’t it? Must keep the Ezz Man happy. But my pets are not cats.
And Anonymous don’t like dogs.
I would suggest that any person wishing to return after roll over looks at the entitlement of any other visitor or tourist. If there is any inequality or difference, however slight, the immigration dept run the risk of impeding the right to free movement. A fundamental right under Echr.
Any deviation, i would be seeking legal advice. Sorry, you cant have it both ways.