Leading immigration lawyer Nick Joseph, of Reside Cayman, has welcomed plans to introduce term limits for expat civil servants, but says they don’t go far enough.
The government last week announced that, from 1 Jan. next year, it would be make non-Caymanian civil service employees subject to similar immigration rules as those that apply to work permit holders.
Noting the long-time disparity between the immigration rules for expats in the private sector and those employed by government, Joseph told the Compass, “I do think that basic fairness demands that we implement and maintain rules that are appropriate and proportionate and can be applied fairly and consistently to everyone.”
Describing the existing system as “rules for thee, but not for me,” Joseph said any imposition of such rules should “only have only limited occurrence in a modern democracy”.
Joseph said he was “uncomfortable” with term limits for existing civil servants starting from 1 Jan. 2026.
“Assuming term limits are to remain at nine years, providing 9.5 years’ notice to persons who have already been here for several years or decades seems to undermine the full potential of the proposed changes to make a meaningful difference,” he said.
“It next to guarantees a Cayman passport and lifelong right to reside to any Cayman-born child of a civil servant who is today 6 months old or older – and, accordingly, the authorities may wish to reconsider the position.”
Joseph noted that, under the British Nationality Act, any child born in Cayman to an expat resident is entitled to a British Overseas Territories Citizenship Cayman Islands passport once the child reaches the age of 10 if he or she has remained here since birth. Once that has been attained, under Cayman’s Immigration (Transition) Act, that child then has the right to reside permanently in Cayman.
‘Chipping away’
He also pointed out that any expat civil servant who has resided in Cayman for eight years already has the right to apply for permanent residency under the points system, and queried why those who have lived in Cayman for many years have not done so.
He said he was hopeful that there will be continued “chipping away” of any inappropriate disparities of treatment and legal protections between the public and private sectors.
Alastair David, a partner with HSM law firm, in a statement noted that civil servants have always been excluded from term limits. “As such, these changes will require legislative change and as a result one can expect, in the near future, a number of Bills being put before Parliament seeking to enact the changes the Government wish,” he said.
He said it appeared that these changes, such as the extension of the rollover period from one year to two years, “will be mirrored in the private sector”.
David recommended that anyone concerned about their status in Cayman should obtain legal advice about the potential ramifications of the changes the government is introducing.