News

The Ministry of Border Control & Labour and Workforce Opportunities & Residency Cayman (WORC) remind the public that it is an offence to employ a person or to engage in gainful occupation without authorisation through relevant legislation.

It has been alleged that some of the irregular migrants who have arrived in Grand Cayman are being employed or are seeking employment while their applications for asylum are being considered.

Employers are reminded that unless exempted from the requirements of the law, it is an offence to employ someone without a work permit or other form of employment authorisation.

                Deputy Premier and Minister for Border Control Hon. Chris Saunders said, “It is very clearly stated in law that to employ any person without the relevant permission or right to work in the Cayman Islands is a criminal offence, punishable by both imprisonment and fines. Migrants who are seeking asylum do not have the permission or right to work in the Cayman Islands while their applications are being considered. So, it should be abundantly clear that they cannot be legally employed. The law will be enforced in this regard, and offenders will be prosecuted. I cannot state it any more plainly.”

Section 68 (1) of the Immigration (Transition) Act (2022 Revision) states as follows: “Subject to subsection (3), a person who, in contravention of this Part, engages in gainful occupation or fails to comply with any condition or limitation contained in a work permit commits an offence and is liable on summary conviction in respect of a first offence to a fine of five thousand dollars and to imprisonment for one year and in respect of a second or subsequent offence to a fine of ten thousand dollars and to imprisonment for two years.”

Subsection 5 reads: “A person who employs another in contravention of this Act or in contravention of any condition or limitation contained in a permit commits an offence and is liable on summary conviction in respect of a first offence to a fine of twenty thousand dollars and to imprisonment for one year and in respect of a second or subsequent offence to a fine of thirty thousand dollars and to imprisonment for two years.”

While irregular migrants are currently under the management and support of Cayman Islands Customs & Border Control (CBC), matters relating to their potential employment are handled by WORC.

CBC Deputy Director Gary Wong said, “Migrants who have applied for asylum are not allowed to work. In line with our Constitutional obligations and in accordance with the International Convention on the Treatment of Refugees, the Cayman Islands Government provides migrants with accommodations, medical care, food vouchers and calling cards to call home. However, there is no difficulty with migrants receiving financial support from family or friends, local or overseas.”

The public may email information of known employment breaches to worccomplaints@gov.ky or complete the department’s online complaints form by visiting www.worc.ky.