s.2Interpretation
2
Section 2Part 0 —

Interpretation

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means adopted in such manner as is recognised by the law of the domicile of the person adopted at the time of the adoption;
means firearms as defined in the Firearms Act (2008 Revision) and includes batons and handcuffs;
means the Work Permit Board or the Immigration Appeals Tribunal acting in an appellate capacity;
means a body or other entity charged with the responsibility for regulating the particular profession;
means a vaccination course which —
prevents or suppresses any notifiable disease under Part 6 of the Public Health Act (2021 Revision);
has been approved for the purposes of this Act by Cabinet, acting on the advice of the Medical Officer of Health; and
has been notified in the Gazette or in any other official Government website or in any other official means of communication;
means one of the three Boards continued under section 10 and includes, for the purposes of sections 58(4)(b), 66 and 68, the Cayman Brac and Little Cayman Immigration Board;
means the Plan referred to in section 59;
means the Business Staffing Plan Board established under section 10(4);
means the certificate that is issued by the Business Staffing Plan Board to the holder of an approved Business Staffing Plan;
in relation to the right to be Caymanian under section 26(1)(d) means entitlement by a person by virtue only of the Caymanian being, in the determination of the Director of WORC —
the child of a Caymanian;
under the age of eighteen years; and
legally and ordinarily resident in the Islands for a period of not less than one year;
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;
means the Immigration Board appointed under section 11;
means a person who possesses Caymanian status under the repealed Immigration Law (2015 Revision) or any earlier law providing for the same or similar rights, and includes a person who acquired that status under Part 5;
means the Caymanian Status and Permanent Residency Board established under section 10(3);
means the chairperson of the pertinent Board;
means the biological or adopted child;
has the meaning assigned by section 2 of the Civil Partnership Act, 2020;
has the meaning assigned by section 2 of the Civil Partnership Act, 2020;
means a civil partnership entered into with the primary intention of avoiding, or benefiting from, any of the provisions of this Act;
means a person appointed under section 26 of the Civil Partnership Act, 2020 or licensed under section 33 or 34 of that Act;
means a Civil Registrar for civil partnerships appointed under section 29 of the Civil Partnership Act, 2020;
means an officer of WORC appointed under section 8;
in relation to a person, means a person in respect of whom any court certifies to the Cabinet that the person has been convicted by that court, or by an inferior court from which the person's case has been brought by way of appeal, of any offence punishable with imprisonment otherwise than only in default of payment of a fine;
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;
means persons employed in the working or service of a vessel;
in relation to a person means the spouse or civil partner 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;
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 themselves and that person's dependants, if any;
means the Director of the Workforce, Opportunities and Residency Cayman Department who is appointed under section 6;
means a person over the age of sixty-five years;
bears the meaning assigned to that expression in section 2 of the Elections Act (2022 Revision);
means a person who engages in gainful occupation in the service of themselves or an employer;
means a person who for reward engages the services of another and includes a prospective employer;
means business in which at least thirty per cent of the total number of employees are Caymanians unless overriding circumstances dictate a lower percentage;
other than in section 66(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 the worker's 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;
in relation to a student, means attendance at a single educational institution for a minimum of ten hours per week of organised daytime study;
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 7, a person so engaged is deemed to be working for gain or reward unless the contrary is proved;
means the Head of Work Permits, Cayman Status and Permanent Residence holding office under section 13(1);
means a registered medical practitioner appointed by the Cabinet to be a Health Officer for the purposes of this Act;
has the meaning assigned to that expression in the Health Practice Act (2021 Revision);
means advice which —
relates to a particular individual;
is given in connection with one or more relevant matters;
is given by a person who knows that that person is giving it in relation to a particular individual and in connection with one or more relevant matters; and
is not given in connection with representing an individual before a court in legal proceedings or matters ancillary to such proceedings;
means the Immigration Appeals Tribunal established under section 17;
means the making of representations on behalf of a particular individual —
in civil proceedings before a court, tribunal or adjudicator in the Islands; or
in correspondence with a Government department in connection with one or more relevant matters;
means a device which is designed for the purpose of stamping documents in the exercise of an immigration function;
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 that person's normal place of abode for the time being, except that —
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;
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
absences abroad for twelve consecutive months or more shall constitute a break in residence;
means the annual work permit fee applicable to a worker —
at the date when the worker first engaged in gainful occupation without a valid work permit; or
at the date of the first failure to comply with the conditions and limitations of that person's work permit, and a certificate issued by the Director of WORC shall be prima facie evidence of such fee;
means a marriage entered into with the primary intention of avoiding, or benefiting from, any of the provisions of this Act;
means a Marriage Officer under the Marriage Act (2010 Revision);
means a certificate which certifies that vaccination would be injurious to the health of a person who is eligible to be vaccinated in accordance with the Public Health Act (2021 Revision) and which is —
in the case of a person who is applying to land in or enter into the Islands, signed by a medical doctor in the person's country;
in the case of a person who resides in the Islands and who is applying to remain in the Islands, signed by a registered medical practitioner who is a medical doctor referred to under Schedule 4 of the Health Practice Act (2021 Revision); and
approved by the Medical Officer of Health;
has the meaning assigned by section 2 of the Public Health Act (2021 Revision);
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 Part 5, (other than sections 28 and 34), 6 or 7 means a contravention against this or any other Law of the Islands in respect of which —
a term of imprisonment in excess of six months could be imposed otherwise than in default of payment of a fine; or
lesser terms of imprisonment totalling in excess of six months in the aggregate as a result of multiple convictions could be imposed; and
no appeal is pending and the time for lodging an appeal has expired;
means the Director or any other officer of WORC holding office under section 8;
means a person, other than a member of the crew, travelling on board a vessel;
means a current valid passport furnished with a photograph and duly issued in favour of the person named in the passport;
means a person who has been granted permission —
under Part 6; or
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;
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;
means the guidelines set out in Schedule 2 to the Regulations whereby the Caymanian Status and Permanent Residency Board or the Director of WORC shall evaluate the merits of an application for permanent residence by awarding to, or discounting from the applicant, credits based on that person's personal and occupational attributes as well as that person's potential value to the community;
in relation to any matter, means prescribed by this Act or by regulations made under this Act;
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;
means a person registered to practise medicine under the Health Practice Act (2021 Revision);
means the Registrar of Civil Partnerships who shall be the Registrar-General;
means any rule, order, proclamation, direction, notification or other subsidiary legislation made under this Act;
means any of the following —
an application for a work permit, visa or an extension of permission to enter or remain in the Islands;
an application for the right to be Caymanian;
an application to reside permanently in the Islands;
an application for a Residency and Employment Rights Certificate;
an application for a Residency Certificate for Persons of Independent Means;
an application for bail for an immigration offence; or
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 (f);
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;
means any profession, trade, business, occupation, vocation or type of employment, designated by the Cabinet under section 61;
means the Secretary of the pertinent Board;
in relation to a person residing in the Islands, means a person who —
is legally and ordinarily resident in the Islands;
is not subject to any immigration restriction or control on the duration of the person's stay in the Islands; and
has not voluntarily emigrated with the intention of making that person's home elsewhere;
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;
in relation to a change of employer or occupation, includes a situation where —
the position has become redundant;
the worker is being victimised by the employer or by other employees of that employer;
the employer has changed due to corporate action such as merger or amalgamation; or
the worker has been given written consent by that person's present employer;
has the meaning assigned to that expression under section 2 of the Special Economic Zones Act (2017 Revision);
means the authority established as such under section 3 of the Special Economic Zones Act (2017 Revision);
means a person declared to be a developer pursuant to section 12 of the Special Economic Zones Act (2017 Revision);
has the meaning assigned to that expression under section 2 of the Special Economic Zones Act (2017 Revision);
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;
means a child of one of the parties to a marriage or a civil partnership;
means a non-Caymanian who is not the spouse or civil partner of a Caymanian, a permanent resident of the Islands or the holder of a Residency and Employment Rights Certificate and who —
is eighteen years of age or older;
is seeking to enter the Cayman Islands for the purpose of attending a recognised educational institution on a full-time basis;
intends to leave the Islands at the end of that person's studies; and
is not named as a dependant for the purposes of this Act;
means control exercisable by the applicant by virtue of the applicant being a director on the Board of Directors of each business entity in which that person has invested or will be investing;
means the maximum period of time in respect of which work permits may be granted or renewed for a worker as prescribed in section 66(1);
means a permit granted to allow a person to enter and remain in the Islands temporarily for a period of less than a year for the purposes of gainful occupation;
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;
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 that person's way to a destination other than the country from which that person arrived;
means a person who in the opinion of the Cabinet is, or has been, so conducting themselves, whether within or outside the Islands, in such a manner that the person's 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;
means a document which evidences that the person in respect of whom the document is issued was administered an approved vaccine course no later than fourteen days before an application is made under this Act in respect of such person;
includes aircraft or hovercraft;
means a person in respect of whom a work permit has been or may be granted or renewed under Part 7;
means the Department referred to under section 3;
means any type of work permit including a temporary work permit granted under section 63, and, subject to section 68, includes any type of work permit prescribed by regulations; and
means the Work Permit Board continued under section 10.

Defined Terms

adoptedarmsAppellate Tribunalappropriate authorityapproved vaccine courseBoardBusiness Staffing PlanBusiness Staffing Plan BoardBusiness Staffing Plan Certificateby entitlementcareer development bureauCayman Brac and Little Cayman Immigration BoardCaymanianCaymanian Status and Permanent Residency Boardchairpersonchildcivil partnercivil partnershipcivil partnership of conveniencecivil partnership officerCivil Registrarcompliance officerconvictedcourtcrewdependantdestitute personDirector of WORCelderly personelectoral districtemployeeemployeremployment generating businessfinal work permitfull-timegainful occupationHead of Work Permits, Cayman Status and Permanent ResidenceHealth Officerhealth practitionerimmigration adviceImmigration Appeals Tribunalimmigration servicesimmigration stamplegal and ordinary residencelevymarriage of convenienceMarriage Officermedical certificateMedical Officer of Healthoffenceofficerpassengerpassportpermanent residentperson with a disabilitypoints systemprescribedprofessional employeeregistered medical practitionerRegistrarregulationrelevant mattersreplica immigration stamprestricted area of employmentSecretarysettledsick personspecial circumstancesspecial economic zoneSpecial Economic Zone Authorityspecial economic zone developerspecial economic zone enterprisespecialist caregiverstep-childstudentsubstantial management controlterm limittemporary work permittourist visitortransit passengerundesirable personvaccination certificatevesselworkerWorkforce, Opportunities and Residency Cayman Officework permitWork Permit Board

Cross References

Referenced By