s.2Definitions
2
Section 2Part 1 — Preliminary

Definitions

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In this Law — “adopted” means adopted in such manner as is recognised by the law of the domicile of the person adopted at the time of the adoption; “Appellate Tribunal” means the Work Permit Board or the Immigration Appeals Tribunal, as the case may be, acting in an appellate capacity; “appointed date” means the date of commencement of the Immigration (Amendment) (No. 2) Law, 2013 [Law 23 of 2013]; “appropriate authority” means a body or other entity charged with the responsibility for regulating the particular profession; “arms” means firearms as defined in the Firearms Law (2008 Revision), and includes batons and handcuffs; “Board” means one of the three Boards established under section 4 and includes, for the purposes of sections 44(4)(b), 49, 52 and 56, the Cayman Brac and Little Cayman Immigration Board; “Business Staffing Plan” means the Plan referred to in section 45; “Business Staffing Plan Board” means the Business Staffing Plan Board established under section 4(4); “Business Staffing Plan Certificate” means the certificate that is issued by the Business Staffing Plan Board to the holder of an approved Business Staffing Plan; “business visitor” means a person who has been issued with a business visitor’s permit granted under section 54; “by entitlement” in relation to the right to be Caymanian under section 20(1)(d) means entitlement by a person by virtue only of his being, in the determination of the Chief Immigration Officer; (a) the child of a Caymanian; (b) under the age of eighteen years; and (c) legally and ordinarily resident in the Islands for a period of not less than one year “career development bureau” means a bureau established by a special economic zone developer and approved by the Special Economic Zone Authority to review and aid the training, employment and advancement of Caymanians in a special economic zone; “Cayman Brac and Little Cayman Immigration Board” means the Immigration Board appointed under section 5; “Caymanian” means a person who possesses Caymanian status under the repealed Immigration Law (2003 Revision) or any earlier law providing for the same or similar rights, and includes a person who acquired that status under Part III; “Caymanian Status and Permanent Residency Board” means the Caymanian Status and Permanent Residency Board established under section 4(3); “Chairman” means the Chairman of the pertinent Board; “child” means the biological or adopted child, whether or not born in wedlock; “convicted and deportable”, in relation to a person, means a person in respect of whom any court — (a) certifies to the Governor that he has been convicted by that court, or by an inferior court from which his case has been brought by way of appeal, of any offence punishable with imprisonment otherwise than only in default of payment of a fine; and (b) recommends that a deportation order should be made in his case, either in addition to or in lieu of sentence; “court” means a court in any jurisdiction but where a foreign court hands down a conviction, the offence in relation to that conviction shall be one which is recognised as such in the Islands; “crew” means persons employed in the working or service of a vessel; “cut-off date” means a date falling two years after the appointed date; “dependant”, in relation to a person, other than a person referred to in section 67 means the spouse of that person, or one of the following relations of that person, namely a child, step-child, adopted child, grandchild, parent, step- parent, grandparent, brother, sister, half-brother, half-sister, being, in each case, wholly or substantially dependent upon that person; “deportation order” means an order made or in force under Part VIII requiring the person in respect of whom it is made to leave and remain out of the Islands; “destitute person” means a person who is, or is likely to be, a charge on public funds by reason of mental or bodily ill-health or insufficiency of means to support himself and his dependants, if any; “Director of Boards and Work Permits” means the Director of Boards and Work Permits holding office under section 7(1); “disembark” includes alight from; “elderly person” means a person over the age of sixty-five years; “electoral district” bears the meaning ascribed to that expression in section 2 of the Elections Law (2013 Revision); “employee” means a person who engages in gainful occupation in the service of himself or an employer; “employer” means a person who for reward engages the services of another and includes a prospective employer; “employment generating business” means business in which at least thirty per cent of the total number of employees are Caymanians unless overriding circumstances dictate a lower percentage; “final work permit”, other than in section 52(10), means a work permit which at the time of its grant or renewal is stated to be the final work permit for a worker in accordance with his term limit or, where not so expressly stated, is the last work permit that can be granted or renewed in respect of a worker as a consequence thereof; “fixed term work permit” means the special work permit that the Chief Immigration Officer may grant under section 52; “full-time”, in relation to a student, means attendance at a single educational institution for a minimum of ten hours per week of organised daytime study; “gainful occupation” means the carrying on of or employment in any profession, trade, business or other vocation in or in relation to the Islands and, for the purposes of Part V, a person so engaged is deemed to be working for gain or reward unless the contrary is proved; “Health Officer” means a registered medical practitioner appointed by the Cabinet to be a Health Officer for the purposes of this Law; “health practitioner” bears the meaning ascribed to that expression in the Health Practice Law (2013 Revision); “immigration advice” means advice which — (a) relates to a particular individual; (b) is given in connection with one or more relevant matters; (c) is given by a person who knows that he is giving it in relation to a particular individual and in connection with one or more relevant matters; and (d) is not given in connection with representing an individual before a court in legal proceedings or matters ancillary to such proceedings; “Immigration Appeals Tribunal” means the Immigration Appeals Tribunal established under section 11; “immigration function” means a function of an immigration officer under this Law; “immigration officer” means the Chief Immigration Officer or any other immigration officer holding office under section 3(1); “immigration services” means the making of representations on behalf of a particular individual — (a) in civil proceedings before a court, tribunal or adjudicator in the Islands; or (b) in correspondence with a Government department in connection with one or more relevant matters; “immigration stamp” means a device which is designed for the purpose of stamping documents in the exercise of an immigration function; “keeper”, where used in relation to premises where accommodation is provided for reward, includes a person who, for reward, is licensed under the Tourism Law (1995 Revision) to provide accommodation to another to lodge in the premises whether on his own behalf or as a manager or otherwise on behalf of any other person; “key employee” means a person who has been identified by his employer and designated by the Work Permit Board or the Business Staffing Plan Board as such for having satisfied any criterion contained in section 49(4); “land” means to go to, to be, to remain or to reside in any place in the Islands other than — (a) on board a vessel; or (b) in a place under the control of an immigration officer in his official capacity; “legal and ordinary residence” means a person’s uninterrupted voluntary physical presence in the Islands for a period of time without legal impediment (other than a tourist visitor or transit passenger) during which period the Islands are regarded as his normal place of abode for the time being, save that — (a) absences abroad of six consecutive months’ duration or less for, inter alia, purposes of education, health, vacation or business during such period shall count as residence in the Islands; (b) absences abroad of more than six consecutive months but less than one year shall raise the presumption that there has been a break in residence; and (c) absences abroad for twelve consecutive months or more shall constitute a break in residence; “levy” means the annual work permit fee applicable to a worker — (a) at the date when he first engaged in gainful occupation without a valid work permit; or (b) at the date of the first failure to comply with the conditions and limitations of his work permit, as the case may be; and a certificate issued by the Chief Immigration Officer shall be prima facie evidence of such fee; “local agent”, in relation to a vessel, means — (a) the owner of the vessel, if the owner is in the Islands; (b) any corporate body owning or operating, whether under charter or otherwise, the vessel for the time being, where such corporate body maintains an office in the Islands; or (c) the agent in the Islands for the person or corporate body for the time being owning or operating the vessel; “marriage of convenience” means a marriage entered into with the primary intention of avoiding, or benefiting from, any of the provisions of this Law; “Marriage Officer” means a Marriage Officer under the Marriage Law (2010 Revision); “master of a vessel” includes the pilot of an aircraft or hovercraft; “offence” for the purposes of a grant of a work permit, the revocation of a work permit or the refusal to renew a work permit by the Board under Parts III, (other than sections 22 and 28), IV or V means a contravention against this or any other Law of the Islands in respect of which — (a) a term of imprisonment in excess of six months could be imposed otherwise than in default of payment of a fine; or (b) lesser terms of imprisonment totalling in excess of six months in the aggregate as a result of multiple convictions could be imposed, and (c) no appeal is pending and the time for lodging an appeal has expired; “passenger” means a person, other than a member of the crew, travelling on board a vessel; “passport” means a current valid passport furnished with a photograph and duly issued in favour of the person named therein; “permanent resident” means a person who has been granted permission — (a) under Part IV; or (b) by virtue of any earlier law, to remain permanently in the Islands and whose permission to so remain is still current and has not been revoked or lost in any way; “person with a disability” means a person who suffers from a permanent physical or mental disability which has been documented by a doctor and who as a result of this disability is dependent on the care of a specialist caregiver; “points system” means the guidelines set out in Schedule 2 to the Regulations whereby the Caymanian Status and Permanent Residency Board or the Chief Immigration Officer shall evaluate the merits of an application for permanent residence by awarding to, or discounting from the applicant, credits based on his personal and occupational attributes as well as his potential value to the community; “prescribed” in relation to any matter, means prescribed by this Law or by regulations made under this Law; “professional employee” means a person qualified as a lawyer, accountant, medical professional, architect, surveyor, teacher, minister of religion or qualified in any other occupation that may be prescribed; “prohibited immigrant”, has the meaning ascribed to it in section 82; “recreational sports fishing vessel” means a sports fishing boat based in the Cayman Islands and registered in accordance with prescribed procedure; “refugee” bears the meaning ascribed to that expression in the Refugee Convention; “Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on the 28th July, 1951 and the Protocol to the Convention; “regulation” means any rule, order, proclamation, direction, notification or other subsidiary legislation made under this Law; “relevant matters” means any of the following — (a) a claim for asylum; (b) an application for a work permit, visa or an extension of permission to enter or remain in the Islands; (c) unlawful entry into the Islands; (d) an application for the right to be Caymanian; (e) an application to reside permanently in the Islands; (f) an application for a Residency and Employment Rights Certificate; (g) an application for a Residency Certificate for Persons of Independent Means; (h) removal or deportation from the Islands; (i) an application for bail for an immigration offence; or (j) an appeal against, or an application for judicial review in relation to any decision taken in connection with a matter referred to in paragraphs (a) to (i); “replica immigration stamp” means a device which is designed for the purpose of stamping a document so that it appears to have been stamped in the exercise of an immigration function; “restricted area of employment” means any profession, trade, business, occupation, vocation or type of employment, designated by the Cabinet under section 46A; “seasonal worker” means a person who has been or may be granted a temporary work permit by the Chief Immigration Officer under section 53 for employment in the tourism, hospitality or water sports industry during the peak tourism season for a continuous period not exceeding eight months in any period of twelve months; “Secretary” means the Secretary of the pertinent Board; “settled”, in relation to a person residing in the Islands, means a person who — (a) is legally and ordinarily resident in the Islands; (b) is not subject to any immigration restriction or control on the duration of his stay in the Islands; and (c) has not voluntarily emigrated with the intention of making his home elsewhere; “sick person” means a person who suffers from an illness which has been certified by a doctor as not being short-term in nature and as a result of which the person is dependent on the care of a specialist caregiver; “special circumstances”, in relation to a change of employer or occupation, includes a situation where — (a) the position has become redundant; (b) the worker is being victimised by the employer or by other employees of that employer; (c) the employer has changed due to corporate action such as merger or amalgamation; or (d) the worker has been given written consent by his present employer; “special economic zone” has the meaning assigned to that expression under section 2 of the Special Economic Zone Law, 2011 [Law 22 of 2011]; “Special Economic Zone Authority” means the authority established as such under section 3 of the Special Economic Zone Law, 2011; “special economic zone developer” means a person declared to be a developer pursuant to section 12 of the Special Economic Zone Law, 2011; “special economic zone enterprise” has the meaning assigned to that expression under section 2 of the Special Economic Zone Law, 2011; “specialist caregiver” means a person who, in the capacity of domestic helper, nurse, nanny or in some other care-giving capacity, cares for an elderly person, a person with a disability or a sick person; “sponsor”, in relation to a tourist visitor, means a person who accepts responsibility for the tourist visitor’s care, upkeep and departure from the islands; “step-child” means a child of one of the parties to a marriage; “stop list” has the meaning ascribed to it in section 81; “student” means a non-Caymanian who is neither the spouse of a Caymanian, a permanent resident of the Islands nor the holder of a Residency and Employment Rights Certificate and who — (a) is eighteen years of age or older; (b) is seeking to enter the Cayman Islands for the purpose of attending a recognised educational institution on a full-time basis; (c) intends to leave the Islands at the end of his studies; and (d) is not named as a dependant for the purposes of this Law; “substantial management control” means control exercisable by the applicant by virtue of his being a director on the Board of Directors of each business entity in which he has invested or will be investing; “term limit” means the maximum period of time in respect of which work permits may be granted or renewed for a worker as prescribed in section 52(1); “Term Limit Exemption Permit” means a Permit granted under section 52A; “tourist visitor” means a person arriving in the Islands for a visit of not more than six months’ duration otherwise than for a professional, financial trade or business purpose or for the purpose of seeking or engaging in employment; “transit passenger” means a passenger who has arrived in the Islands for a period of not more than twenty-four hours, is in possession of the required travel documents and is on his way to a destination other than the country from which he arrived; “undesirable person” means a person who in the opinion of the Governor is, or has been, so conducting himself, whether within or outside the Islands, that his presence in the Islands is or is likely to be prejudicial to the maintenance of peace, order and good government or public morals in the Islands; “vessel” includes aircraft or hovercraft; “worker” means a person in respect of whom a work permit or a Term Limit Exemption Permit has been or may be granted or renewed, respectively, under Part V; “work permit” means a work permit granted under section 48, and, subject to section 56, includes a temporary work permit or a temporary work permit for seasonal workers granted under section 53; and “Work Permit Board” means the Work Permit Board established under section 4(2).

Defined Terms

adoptedAppellate Tribunalappointed dateappropriate authorityarmsBoardBusiness Staffing PlanBusiness Staffing Plan BoardBusiness Staffing Plan Certificatebusiness visitorby entitlementcareer development bureauCayman Brac and Little Cayman Immigration BoardCaymanianCaymanian Status and Permanent Residency BoardChairmanchildconvicted and deportablecourtcrewcut-off datedependantdeportation orderdestitute personDirector of Boards and Work Permitsdisembarkelderly personelectoral districtemployeeemployeremployment generating businessfinal work permitfixed term work permitfull-timegainful occupationHealth Officerhealth practitionerimmigration adviceImmigration Appeals Tribunalimmigration functionimmigration officerimmigration servicesimmigration stampkeeperkey employeelandlegal and ordinary residencelevylocal agentmarriage of convenienceMarriage Officermaster of a vesseloffencepassengerpassportpermanent residentperson with a disabilitypoints systemprescribedprofessional employeeprohibited immigrantrecreational sports fishing vesselrefugeeRefugee Conventionregulationrelevant mattersreplica immigration stamprestricted area of employmentseasonal workerSecretarysettledsick personspecial circumstancesspecial economic zoneSpecial Economic Zone Authorityspecial economic zone developerspecial economic zone enterprisespecialist caregiversponsorstep-childstop liststudentsubstantial management controlterm limitTerm Limit Exemption Permittourist visitortransit passengerundesirable personvesselworkerwork permitWork Permit Board

Cross References

Referenced By