By Alric Lindsay
As members of the public may be aware, under section 53(1)(b) of the Immigration (Transition) Act (2022 Revision), the Cabinet has the power to exempt any person from the requirement to have a work permit. To assist persons in applying to the Cabinet for such exemptions, the Cabinet published a policy on December 9, 2024.
According to the publication, “The objective of the policy framework is to ensure that such applications are evaluated and approved in a manner that prioritizes the national interest, addresses critical skills shortages, recognizes exceptional talent, and upholds fundamental rights.”
Details of the policy can be reviewed below:
https://www.gov.ky/publication-detail/governance-policy-framework-for-exemption-requests-2024
Notes to readers:
Below is the section of the Immigration (Transition) Act (2022 Revision) addressing exemptions from work permits.
Persons exempted
53. (1) Subject to Section 53A, this Part does not apply to (a) (i) a person employed by the Government of the Islands in respect of that person’s employment; (ii) a person employed in the Islands by the Government of the United Kingdom; (iii) a consular officer and that person’s staff; (iv) an accredited representative or agent of a government of any part of the Commonwealth; or (v) a member of Her Majesty’s armed forces; (b) any person who may, from time to time, be declared by the Cabinet to be exempt for any purpose either unconditionally or subject to such conditions as may be prescribed; (c) a member of the crew of any vessel that does not operate full-time in the Islands, while engaged in that person’s duties as such; (d) the beneficial owner of up to two units of property whose lawful presence in the Islands is to facilitate rental or lease arrangements in respect of those units and whose spouse or civil partner does not own, operate or have an interest in those units; or (e) such other class or classes of persons as may, from time to time, be prescribed.
(2) A certificate issued by the Governor, acting in the Governor’s discretion, shall be final in determining whether or not a person falls within one of the categories (i) to (v) referred to in subsection (1)(a).
