s.83Student visas
83
Section 83Part 6 — Entry and Landing

Student visas

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Subject to section 67(2), no student may attend an educational institution in the Islands unless he is a student to whom a student visa has been issued.
Leave to land may be granted for the duration of the student’s course, but leave to remain shall not be granted for a period in excess of four years.
Unless the context otherwise requires, a reference to the Chief Immigration Officer in relation to the granting, extending, varying or revoking of a student visa shall be construed as including a reference to anyone specifically designated by him to perform those duties.
A student may apply to the Chief Immigration Officer for a student visa on the prescribed form accompanied by the prescribed fee and any required documentary evidence.
Any of the powers conferred upon the Chief Immigration Officer under subsections (5) and (6) may be delegated by him to an immigration officer of the rank of Assistant Chief Immigration Officer or above.
The Chief Immigration Officer or his designate in considering an application under this section shall, subject to any general directions that the Cabinet may, from time to time, give in respect of the consideration of such application, take particularly into account the following matters —
the character, reputation and health of the applicant and his dependants, if any;
whether he intends to leave the Island at the end of his studies;
the sufficiency of his financial resources and his ability adequately to maintain his dependants without recourse to public funds;
the quality of the living accommodation available to him and his dependants, if any;
his facility in the use of the English language;
whether he intends to engage in business or take up employment, other than unpaid student work undertaken in connection with the intended course of study; and
whether, from information available to the Chief Immigration Officer regarding the applicant’s conduct and associations, the refusal of the application would be conducive to the public good.
The Chief Immigration Officer or his designate —
may grant, refuse, or defer the application either unconditionally or subject to such conditions as he may think fit; and
where the application is granted, may extend, revoke, vary or modify the student visa.
The holder of a four-year student visa may apply to the Chief Immigration Officer in the prescribed manner for an extension of stay as a student, which extension, if granted, shall be limited to twelve months.
An applicant under subsection (6) shall satisfy the Chief Immigration Officer or his designate that —
he was admitted to the Cayman Islands as a student;
he has continued to meet the requirements of such admission;
he has been regular in attendance during the course that he has already begun and any other course for which he was enrolled in the past; and
he has made satisfactory progress in his course of study and has been successful in his examinations.
Every educational institution shall —
make available to the Chief Immigration Officer or his designate, upon request, information concerning the non-Caymanians enrolled at that institution; and
await receipt of a copy of the student visa from the Chief Immigration Officer before enrolling the student at the institution.
The holder of a student visa may not engage in gainful occupation in the Islands other than unpaid student work undertaken in connection with his course of study.
Notwithstanding anything contained in this section, a child entering the Islands for the express purpose of adoption proceedings shall, with the express permission of the Chief Immigration Officer, be allowed to remain and attend school in the Islands.

Cross References