s.41Who may be gainfully occupied
41
Section 41Part 5 — Gainful Occupation of Non-Caymanians

Who may be gainfully occupied

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Subject to subsection (2), no person shall carry on gainful occupation in the Islands unless —
he is Caymanian;
he has acquired permanent residence with a right to work under this or any earlier law;
he has acquired the right to reside and to work in the Islands as a result of the issue of a Residency and Employment Rights Certificate;
he is authorised to do so by a visitor’s work visa granted under this Law;
he is authorised to do so by a work permit granted under this or any earlier law; or
he is a person entitled to work under any other provision of this Law.
No person shall carry on gainful occupation in the Islands, in respect of any restricted area of employment, unless —
he is Caymanian;
at the date of commencement of the Immigration (Amendment) Law, 2013, he is a key employee in a restricted area of employment;
he has acquired permanent residence with a right to work under this or any earlier Law;
he has acquired the right to remain and to work in the Islands as a result of the issue of a Residency and Employment Rights Certificate;
he is the parent of a Caymanian under the age of eighteen;
he is the holder of a work permit issued under section 31(7) or issued in accordance with a quota fixed by the Cabinet under section 46(A)(2);
he is a person whose employment under a temporary work permit is, in the opinion of the Chief Immigration Officer, justified due to exceptional circumstances; or
he is a person whose employment (otherwise than under a temporary work permit) is, in the opinion of the Work Permit Board, the Business Staffing Plan Board or the Cayman Brac and Little Cayman Immigration Board, justified due to exceptional circumstances,
but where, at the date of commencement of the Immigration (Amendment) Law, 2013 [Law 12 of 2013], in respect of such person —
a work permit is in force, he may continue to work under the terms and conditions of the permit until its expiration; or
an application for a work permit was received but did not come before the Work Permit Board, the Business Staffing Plan Board, the Cayman Brac and Little Cayman Immigration Board or the Chief Immigration Officer until after that date, then the relevant Board or the Chief Immigration Officer, as the case may be, shall give consideration to such application using the law that was in effect immediately before that date.

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