Given the uncertainty in coordinating air-bridge and evacuation flights, an amnesty has been implemented with immediate effect against prosecution of people for overstaying, and will remain in effect until further notice.
Section 101 of the Customs and Border Control Law, 2018 provides the director of CBC with powers to remove certain people who are unlawfully in the islands, where those people are not a Caymanian, a permanent resident, a work permit holder, nor the holder of a Residency and Employment Rights Certificate, a Residency Certificate for Persons of Independent Means or a holder of a student visa.
Estimates indicate that several hundred people are currently residing in the Cayman Islands without permission to remain.
Nationalities with the highest amount of overstayers are –
· Jamaica
· Philippines
· United States
· Honduras
· United Kingdom
· India
· Canada
The amnesty is intended to reflect the spirit of compassion and humanitarianism which underpins the government’s approach to policies in response to COVID-19.
For people who have overstayed their time in the Islands or who are otherwise in the Cayman Islands illegally, the amnesty seeks to remove ‘fear of prosecution’ as a potential barrier to making urgent arrangements for departure from the Islands via special evacuation flights or other airlift coordinated opportunities.
People who fall into this category are requested to contact the emergency travel hotline at 244-3333 or via email at emergencytravel@gov.ky
Many of these “overstayers” are persons who have lost their jobs. They are usually stuck here, and of course we should have compassion for them.
Will our compassion however extend to ensuring they have access to the redundancy payments guaranteed to them by law, or are we hoping they get shipped off (and are out of sight and out of mind) long before any questions get asked as to where their money is?
There has been no effective enforcement of employee rights for a decade. Most employers who do not meet their obligations to their staff never have to face the music, and those that do can seemingly keep matters tied up in court for a decade.