Certificate for Commercial Farmhands

20. Insertion of section 49A - Certificate for Commercial Farmhands 20. The principal Act is amended by inserting after section 49 the following section — “Certificate for Commercial Farmhands 49A.(1) A Certificate for Commercial Farmhands may be issued in accordance with this section to the employer of a person specified in subsection (2) to permit the person to work or to continue to work with the employer at an agricultural enterprise named in the Certificate in the capacity of a commercial farmhand or in another capacity where the person is caring for a farm or cultivating land. (2) A person is eligible to be employed under a Certificate for Commercial Farmhands if — (a) in the case where the person is or was the holder of a work permit, either — (i) the person holds a final work permit; or (ii) the person held a final work permit that has expired and the person has departed the Islands, and an application for employment under a Certificate for Commercial Farmhands is made within one year from the date of that departure; c Act 14 of 2025 Page 29 Section 20 Immigration (Transition) (Amendment and Validation) Act, 2025 (b) in any other case, either — (i) the person holds permission granted under section 66(4); or (ii) the person held permission granted under section 66(4) that has expired and an application for employment under a Certificate for Commercial Farmhands is made if the person is otherwise legally resident in the Islands or remains in the Islands on the basis of permission granted under the Customs and Border Control Act (2024 Revision); (c) in relation to paragraphs (a) and (b), the final work permit or the permission — (i) is or was for employment with an agricultural enterprise that is registered with the Department of Agriculture as a commercial agricultural producer; and (ii) is or was due to the person being employed with the employer or former employer making the application as a farmer, livestock farmer, general farmhand or farmer helper, or in another capacity where the person is caring for a farm or cultivating land; (d) the person is in good health and possesses health insurance coverage; and (e) the person has not attained the age of sixty-five years. (3) The employer or former employer of a person referred to in subsection (2) may apply to — (a) the Work Permit Board or the Director of WORC; or (b) where the employment relates to employment in Cayman Brac or Little Cayman, to the Cayman Brac and Little Cayman Immigration Board, for the grant or renewal of a Certificate for Commercial Farmhands in respect of that person. (4) Where, having received an application under subsection (3), the Work Permit Board or the Director of WORC is satisfied that the criteria in subsection (2) are met, the Work Permit Board or the Director of WORC, having regard to the criteria in section 58(3) and on payment of the prescribed fee, may issue a Certificate for Commercial Farmhands, valid for five years from the date of issuance of the Certificate, to take effect — (a) on the expiry of the employee’s final work permit or permission granted under section 66(4); or Page 30 Act 14 of 2025 c Immigration (Transition) (Amendment and Validation) Act, 2025 Section 20 (b) in the event that the employee’s final work permit or permission granted under section 66(4) has expired, on the date of the decision of the Board or the Director of WORC, and the Certificate shall be renewable for one further period of five years, on application to the Board or the Director of WORC and on payment of the prescribed fee, if the criteria in subsection (2) remain satisfied. (5) On the issue of a Certificate for Commercial Farmhands, the name of the agricultural enterprise that is registered with the Department of Agriculture as a commercial agricultural producer shall be inscribed on the Certificate. (6) Where, during the currency of a final work permit or permission granted under section 66(4), an application had been made to the Work Permit Board or to the Director of WORC — (a) for the grant of a Certificate for Commercial Farmhands where the applicant is eligible to make such an application; or (b) for the renewal of a Certificate for Commercial Farmhands prior to the expiry of the current Certificate, if the application — (i) has not yet been determined by the Work Permit Board or the Director of WORC; or (ii) has been refused by the Work Permit Board or the Director of WORC and that refusal has been appealed under section 21 to the Immigration Appeals Tribunal within the prescribed time for doing so, notwithstanding the fact that the final work permit, the permission granted under section 66(4) or the Certificate for Commercial Farmhands has expired, it shall not be an offence for the employee to whom the application relates to continue to be engaged in gainful occupation on the same terms and conditions of the final work permit, the permission granted under section 66(4) or the Certificate for Commercial Farmhands while awaiting a notification of the determination of the application or appeal. (7) A Certificate for Commercial Farmhands shall not confer on the employee’s spouse or civil partner or dependants any rights with respect to residence and employment in the Islands. (8) An application for the renewal of a Certificate for Commercial Farmhands, where the applicant was eligible to make the application, may be refused and a Certificate may be revoked by the Work Permit Board or the Director of WORC if — c Act 14 of 2025 Page 31 Section 21 Immigration (Transition) (Amendment and Validation) Act, 2025 (a) the employee named in the Certificate ceases to be employed by the employer named in the Certificate; (b) the person named in the Certificate as being the employer dies or becomes in the opinion of the Work Permit Board or the Director of WORC no longer capable of holding the Certificate; (c) the agricultural enterprise named in the Certificate is dissolved or ceases to operate; or (d) in the opinion of the Work Permit Board or the Director of WORC, any of the matters referred to in section 51(1)(a), (c), (d), (e), (f), (g), (h), (k) or (n) applies to the employee named in the Certificate. (9) Where the employment arrangement between the employee and the employer who is the Certificate holder ceases or the Certificate holder or the agricultural enterprise named in the Certificate is dissolved or ceases to operate, the employee named in the Certificate or the employer who is the Certificate holder shall inform the Board or the Director of WORC within thirty days of the cessation or dissolution, and failure to do so is an offence for which both the Certificate holder and the employee named in the Certificate are liable. (10) Unless the employee named in the Certificate for Commercial Farmhands is allowed to remain under another provision of this Act, the employee shall leave the Islands where — (a) a Certificate for Commercial Farmhands expires and no application is made for its renewal; (b) an application for renewal of a Certificate for Commercial Farmhands is not permitted to be made; or (c) an application for renewal of a Certificate for Commercial Farmhands is made but is refused and no appeal has been made, and neither the Board nor the Director of WORC shall grant or renew a work permit for the employee for at least one year after the employee has left the Islands. (11) A Certificate for Commercial Farmhands ceases to be valid on the holder of the Certificate attaining the age of sixty-five years.”.

20. Insertion of section 49A - Certificate for Commercial Farmhands 20. The principal Act is amended by inserting after section 49 the following section — “Certificate for Commercial Farmhands 49A.(1) A Certificate for Commercial Farmhands may be issued in accordance with this section to the employer of a person specified in subsection (2) to permit the person to work or to continue to work with the employer at an agricultural enterprise named in the Certificate in the capacity of a commercial farmhand or in another capacity where the person is caring for a farm or cultivating land. (2) A person is eligible to be employed under a Certificate for Commercial Farmhands if — (a) in the case where the person is or was the holder of a work permit, either — (i) the person holds a final work permit; or (ii) the person held a final work permit that has expired and the person has departed the Islands, and an application for employment under a Certificate for Commercial Farmhands is made within one year from the date of that departure; c Act 14 of 2025 Page 29 Section 20 Immigration (Transition) (Amendment and Validation) Act, 2025 (b) in any other case, either — (i) the person holds permission granted under section 66(4); or (ii) the person held permission granted under section 66(4) that has expired and an application for employment under a Certificate for Commercial Farmhands is made if the person is otherwise legally resident in the Islands or remains in the Islands on the basis of permission granted under the Customs and Border Control Act (2024 Revision); (c) in relation to paragraphs (a) and (b), the final work permit or the permission — (i) is or was for employment with an agricultural enterprise that is registered with the Department of Agriculture as a commercial agricultural producer; and (ii) is or was due to the person being employed with the employer or former employer making the application as a farmer, livestock farmer, general farmhand or farmer helper, or in another capacity where the person is caring for a farm or cultivating land; (d) the person is in good health and possesses health insurance coverage; and (e) the person has not attained the age of sixty-five years. (3) The employer or former employer of a person referred to in subsection (2) may apply to — (a) the Work Permit Board or the Director of WORC; or (b) where the employment relates to employment in Cayman Brac or Little Cayman, to the Cayman Brac and Little Cayman Immigration Board, for the grant or renewal of a Certificate for Commercial Farmhands in respect of that person. (4) Where, having received an application under subsection (3), the Work Permit Board or the Director of WORC is satisfied that the criteria in subsection (2) are met, the Work Permit Board or the Director of WORC, having regard to the criteria in section 58(3) and on payment of the prescribed fee, may issue a Certificate for Commercial Farmhands, valid for five years from the date of issuance of the Certificate, to take effect — (a) on the expiry of the employee’s final work permit or permission granted under section 66(4); or Page 30 Act 14 of 2025 c Immigration (Transition) (Amendment and Validation) Act, 2025 Section 20 (b) in the event that the employee’s final work permit or permission granted under section 66(4) has expired, on the date of the decision of the Board or the Director of WORC, and the Certificate shall be renewable for one further period of five years, on application to the Board or the Director of WORC and on payment of the prescribed fee, if the criteria in subsection (2) remain satisfied. (5) On the issue of a Certificate for Commercial Farmhands, the name of the agricultural enterprise that is registered with the Department of Agriculture as a commercial agricultural producer shall be inscribed on the Certificate. (6) Where, during the currency of a final work permit or permission granted under section 66(4), an application had been made to the Work Permit Board or to the Director of WORC — (a) for the grant of a Certificate for Commercial Farmhands where the applicant is eligible to make such an application; or (b) for the renewal of a Certificate for Commercial Farmhands prior to the expiry of the current Certificate, if the application — (i) has not yet been determined by the Work Permit Board or the Director of WORC; or (ii) has been refused by the Work Permit Board or the Director of WORC and that refusal has been appealed under section 21 to the Immigration Appeals Tribunal within the prescribed time for doing so, notwithstanding the fact that the final work permit, the permission granted under section 66(4) or the Certificate for Commercial Farmhands has expired, it shall not be an offence for the employee to whom the application relates to continue to be engaged in gainful occupation on the same terms and conditions of the final work permit, the permission granted under section 66(4) or the Certificate for Commercial Farmhands while awaiting a notification of the determination of the application or appeal. (7) A Certificate for Commercial Farmhands shall not confer on the employee’s spouse or civil partner or dependants any rights with respect to residence and employment in the Islands. (8) An application for the renewal of a Certificate for Commercial Farmhands, where the applicant was eligible to make the application, may be refused and a Certificate may be revoked by the Work Permit Board or the Director of WORC if — c Act 14 of 2025 Page 31 Section 21 Immigration (Transition) (Amendment and Validation) Act, 2025 (a) the employee named in the Certificate ceases to be employed by the employer named in the Certificate; (b) the person named in the Certificate as being the employer dies or becomes in the opinion of the Work Permit Board or the Director of WORC no longer capable of holding the Certificate; (c) the agricultural enterprise named in the Certificate is dissolved or ceases to operate; or (d) in the opinion of the Work Permit Board or the Director of WORC, any of the matters referred to in section 51(1)(a), (c), (d), (e), (f), (g), (h), (k) or (n) applies to the employee named in the Certificate. (9) Where the employment arrangement between the employee and the employer who is the Certificate holder ceases or the Certificate holder or the agricultural enterprise named in the Certificate is dissolved or ceases to operate, the employee named in the Certificate or the employer who is the Certificate holder shall inform the Board or the Director of WORC within thirty days of the cessation or dissolution, and failure to do so is an offence for which both the Certificate holder and the employee named in the Certificate are liable. (10) Unless the employee named in the Certificate for Commercial Farmhands is allowed to remain under another provision of this Act, the employee shall leave the Islands where — (a) a Certificate for Commercial Farmhands expires and no application is made for its renewal; (b) an application for renewal of a Certificate for Commercial Farmhands is not permitted to be made; or (c) an application for renewal of a Certificate for Commercial Farmhands is made but is refused and no appeal has been made, and neither the Board nor the Director of WORC shall grant or renew a work permit for the employee for at least one year after the employee has left the Islands. (11) A Certificate for Commercial Farmhands ceases to be valid on the holder of the Certificate attaining the age of sixty-five years.”.

20. Insertion of section 49A - Certificate for Commercial Farmhands 20. The principal Act is amended by inserting after section 49 the following section — “Certificate for Commercial Farmhands 49A.(1) A Certificate for Commercial Farmhands may be issued in accordance with this section to the employer of a person specified in subsection (2) to permit the person to work or to continue to work with the employer at an agricultural enterprise named in the Certificate in the capacity of a commercial farmhand or in another capacity where the person is caring for a farm or cultivating land. (2) A person is eligible to be employed under a Certificate for Commercial Farmhands if — (a) in the case where the person is or was the holder of a work permit, either — (i) the person holds a final work permit; or (ii) the person held a final work permit that has expired and the person has departed the Islands, and an application for employment under a Certificate for Commercial Farmhands is made within one year from the date of that departure; c Act 14 of 2025 Page 29 Section 20 Immigration (Transition) (Amendment and Validation) Act, 2025 (b) in any other case, either — (i) the person holds permission granted under section 66(4); or (ii) the person held permission granted under section 66(4) that has expired and an application for employment under a Certificate for Commercial Farmhands is made if the person is otherwise legally resident in the Islands or remains in the Islands on the basis of permission granted under the Customs and Border Control Act (2024 Revision); (c) in relation to paragraphs (a) and (b), the final work permit or the permission — (i) is or was for employment with an agricultural enterprise that is registered with the Department of Agriculture as a commercial agricultural producer; and (ii) is or was due to the person being employed with the employer or former employer making the application as a farmer, livestock farmer, general farmhand or farmer helper, or in another capacity where the person is caring for a farm or cultivating land; (d) the person is in good health and possesses health insurance coverage; and (e) the person has not attained the age of sixty-five years. (3) The employer or former employer of a person referred to in subsection (2) may apply to — (a) the Work Permit Board or the Director of WORC; or (b) where the employment relates to employment in Cayman Brac or Little Cayman, to the Cayman Brac and Little Cayman Immigration Board, for the grant or renewal of a Certificate for Commercial Farmhands in respect of that person. (4) Where, having received an application under subsection (3), the Work Permit Board or the Director of WORC is satisfied that the criteria in subsection (2) are met, the Work Permit Board or the Director of WORC, having regard to the criteria in section 58(3) and on payment of the prescribed fee, may issue a Certificate for Commercial Farmhands, valid for five years from the date of issuance of the Certificate, to take effect — (a) on the expiry of the employee’s final work permit or permission granted under section 66(4); or Page 30 Act 14 of 2025 c Immigration (Transition) (Amendment and Validation) Act, 2025 Section 20 (b) in the event that the employee’s final work permit or permission granted under section 66(4) has expired, on the date of the decision of the Board or the Director of WORC, and the Certificate shall be renewable for one further period of five years, on application to the Board or the Director of WORC and on payment of the prescribed fee, if the criteria in subsection (2) remain satisfied. (5) On the issue of a Certificate for Commercial Farmhands, the name of the agricultural enterprise that is registered with the Department of Agriculture as a commercial agricultural producer shall be inscribed on the Certificate. (6) Where, during the currency of a final work permit or permission granted under section 66(4), an application had been made to the Work Permit Board or to the Director of WORC — (a) for the grant of a Certificate for Commercial Farmhands where the applicant is eligible to make such an application; or (b) for the renewal of a Certificate for Commercial Farmhands prior to the expiry of the current Certificate, if the application — (i) has not yet been determined by the Work Permit Board or the Director of WORC; or (ii) has been refused by the Work Permit Board or the Director of WORC and that refusal has been appealed under section 21 to the Immigration Appeals Tribunal within the prescribed time for doing so, notwithstanding the fact that the final work permit, the permission granted under section 66(4) or the Certificate for Commercial Farmhands has expired, it shall not be an offence for the employee to whom the application relates to continue to be engaged in gainful occupation on the same terms and conditions of the final work permit, the permission granted under section 66(4) or the Certificate for Commercial Farmhands while awaiting a notification of the determination of the application or appeal. (7) A Certificate for Commercial Farmhands shall not confer on the employee’s spouse or civil partner or dependants any rights with respect to residence and employment in the Islands. (8) An application for the renewal of a Certificate for Commercial Farmhands, where the applicant was eligible to make the application, may be refused and a Certificate may be revoked by the Work Permit Board or the Director of WORC if — c Act 14 of 2025 Page 31 Section 21 Immigration (Transition) (Amendment and Validation) Act, 2025 (a) the employee named in the Certificate ceases to be employed by the employer named in the Certificate; (b) the person named in the Certificate as being the employer dies or becomes in the opinion of the Work Permit Board or the Director of WORC no longer capable of holding the Certificate; (c) the agricultural enterprise named in the Certificate is dissolved or ceases to operate; or (d) in the opinion of the Work Permit Board or the Director of WORC, any of the matters referred to in section 51(1)(a), (c), (d), (e), (f), (g), (h), (k) or (n) applies to the employee named in the Certificate. (9) Where the employment arrangement between the employee and the employer who is the Certificate holder ceases or the Certificate holder or the agricultural enterprise named in the Certificate is dissolved or ceases to operate, the employee named in the Certificate or the employer who is the Certificate holder shall inform the Board or the Director of WORC within thirty days of the cessation or dissolution, and failure to do so is an offence for which both the Certificate holder and the employee named in the Certificate are liable. (10) Unless the employee named in the Certificate for Commercial Farmhands is allowed to remain under another provision of this Act, the employee shall leave the Islands where — (a) a Certificate for Commercial Farmhands expires and no application is made for its renewal; (b) an application for renewal of a Certificate for Commercial Farmhands is not permitted to be made; or (c) an application for renewal of a Certificate for Commercial Farmhands is made but is refused and no appeal has been made, and neither the Board nor the Director of WORC shall grant or renew a work permit for the employee for at least one year after the employee has left the Islands. (11) A Certificate for Commercial Farmhands ceases to be valid on the holder of the Certificate attaining the age of sixty-five years.”.

20. Insertion of section 49A - Certificate for Commercial Farmhands 20. The principal Act is amended by inserting after section 49 the following section — “Certificate for Commercial Farmhands 49A.(1) A Certificate for Commercial Farmhands may be issued in accordance with this section to the employer of a person specified in subsection (2) to permit the person to work or to continue to work with the employer at an agricultural enterprise named in the Certificate in the capacity of a commercial farmhand or in another capacity where the person is caring for a farm or cultivating land. (2) A person is eligible to be employed under a Certificate for Commercial Farmhands if — (a) in the case where the person is or was the holder of a work permit, either — (i) the person holds a final work permit; or (ii) the person held a final work permit that has expired and the person has departed the Islands, and an application for employment under a Certificate for Commercial Farmhands is made within one year from the date of that departure; c Act 14 of 2025 Page 29 Section 20 Immigration (Transition) (Amendment and Validation) Act, 2025 (b) in any other case, either — (i) the person holds permission granted under section 66(4); or (ii) the person held permission granted under section 66(4) that has expired and an application for employment under a Certificate for Commercial Farmhands is made if the person is otherwise legally resident in the Islands or remains in the Islands on the basis of permission granted under the Customs and Border Control Act (2024 Revision); (c) in relation to paragraphs (a) and (b), the final work permit or the permission — (i) is or was for employment with an agricultural enterprise that is registered with the Department of Agriculture as a commercial agricultural producer; and (ii) is or was due to the person being employed with the employer or former employer making the application as a farmer, livestock farmer, general farmhand or farmer helper, or in another capacity where the person is caring for a farm or cultivating land; (d) the person is in good health and possesses health insurance coverage; and (e) the person has not attained the age of sixty-five years. (3) The employer or former employer of a person referred to in subsection (2) may apply to — (a) the Work Permit Board or the Director of WORC; or (b) where the employment relates to employment in Cayman Brac or Little Cayman, to the Cayman Brac and Little Cayman Immigration Board, for the grant or renewal of a Certificate for Commercial Farmhands in respect of that person. (4) Where, having received an application under subsection (3), the Work Permit Board or the Director of WORC is satisfied that the criteria in subsection (2) are met, the Work Permit Board or the Director of WORC, having regard to the criteria in section 58(3) and on payment of the prescribed fee, may issue a Certificate for Commercial Farmhands, valid for five years from the date of issuance of the Certificate, to take effect — (a) on the expiry of the employee’s final work permit or permission granted under section 66(4); or Page 30 Act 14 of 2025 c Immigration (Transition) (Amendment and Validation) Act, 2025 Section 20 (b) in the event that the employee’s final work permit or permission granted under section 66(4) has expired, on the date of the decision of the Board or the Director of WORC, and the Certificate shall be renewable for one further period of five years, on application to the Board or the Director of WORC and on payment of the prescribed fee, if the criteria in subsection (2) remain satisfied. (5) On the issue of a Certificate for Commercial Farmhands, the name of the agricultural enterprise that is registered with the Department of Agriculture as a commercial agricultural producer shall be inscribed on the Certificate. (6) Where, during the currency of a final work permit or permission granted under section 66(4), an application had been made to the Work Permit Board or to the Director of WORC — (a) for the grant of a Certificate for Commercial Farmhands where the applicant is eligible to make such an application; or (b) for the renewal of a Certificate for Commercial Farmhands prior to the expiry of the current Certificate, if the application — (i) has not yet been determined by the Work Permit Board or the Director of WORC; or (ii) has been refused by the Work Permit Board or the Director of WORC and that refusal has been appealed under section 21 to the Immigration Appeals Tribunal within the prescribed time for doing so, notwithstanding the fact that the final work permit, the permission granted under section 66(4) or the Certificate for Commercial Farmhands has expired, it shall not be an offence for the employee to whom the application relates to continue to be engaged in gainful occupation on the same terms and conditions of the final work permit, the permission granted under section 66(4) or the Certificate for Commercial Farmhands while awaiting a notification of the determination of the application or appeal. (7) A Certificate for Commercial Farmhands shall not confer on the employee’s spouse or civil partner or dependants any rights with respect to residence and employment in the Islands. (8) An application for the renewal of a Certificate for Commercial Farmhands, where the applicant was eligible to make the application, may be refused and a Certificate may be revoked by the Work Permit Board or the Director of WORC if — c Act 14 of 2025 Page 31 Section 21 Immigration (Transition) (Amendment and Validation) Act, 2025 (a) the employee named in the Certificate ceases to be employed by the employer named in the Certificate; (b) the person named in the Certificate as being the employer dies or becomes in the opinion of the Work Permit Board or the Director of WORC no longer capable of holding the Certificate; (c) the agricultural enterprise named in the Certificate is dissolved or ceases to operate; or (d) in the opinion of the Work Permit Board or the Director of WORC, any of the matters referred to in section 51(1)(a), (c), (d), (e), (f), (g), (h), (k) or (n) applies to the employee named in the Certificate. (9) Where the employment arrangement between the employee and the employer who is the Certificate holder ceases or the Certificate holder or the agricultural enterprise named in the Certificate is dissolved or ceases to operate, the employee named in the Certificate or the employer who is the Certificate holder shall inform the Board or the Director of WORC within thirty days of the cessation or dissolution, and failure to do so is an offence for which both the Certificate holder and the employee named in the Certificate are liable. (10) Unless the employee named in the Certificate for Commercial Farmhands is allowed to remain under another provision of this Act, the employee shall leave the Islands where — (a) a Certificate for Commercial Farmhands expires and no application is made for its renewal; (b) an application for renewal of a Certificate for Commercial Farmhands is not permitted to be made; or (c) an application for renewal of a Certificate for Commercial Farmhands is made but is refused and no appeal has been made, and neither the Board nor the Director of WORC shall grant or renew a work permit for the employee for at least one year after the employee has left the Islands. (11) A Certificate for Commercial Farmhands ceases to be valid on the holder of the Certificate attaining the age of sixty-five years.”.

20. Insertion of section 49A - Certificate for Commercial Farmhands 20. The principal Act is amended by inserting after section 49 the following section — “Certificate for Commercial Farmhands 49A.(1) A Certificate for Commercial Farmhands may be issued in accordance with this section to the employer of a person specified in subsection (2) to permit the person to work or to continue to work with the employer at an agricultural enterprise named in the Certificate in the capacity of a commercial farmhand or in another capacity where the person is caring for a farm or cultivating land. (2) A person is eligible to be employed under a Certificate for Commercial Farmhands if — (a) in the case where the person is or was the holder of a work permit, either — (i) the person holds a final work permit; or (ii) the person held a final work permit that has expired and the person has departed the Islands, and an application for employment under a Certificate for Commercial Farmhands is made within one year from the date of that departure; c Act 14 of 2025 Page 29 Section 20 Immigration (Transition) (Amendment and Validation) Act, 2025 (b) in any other case, either — (i) the person holds permission granted under section 66(4); or (ii) the person held permission granted under section 66(4) that has expired and an application for employment under a Certificate for Commercial Farmhands is made if the person is otherwise legally resident in the Islands or remains in the Islands on the basis of permission granted under the Customs and Border Control Act (2024 Revision); (c) in relation to paragraphs (a) and (b), the final work permit or the permission — (i) is or was for employment with an agricultural enterprise that is registered with the Department of Agriculture as a commercial agricultural producer; and (ii) is or was due to the person being employed with the employer or former employer making the application as a farmer, livestock farmer, general farmhand or farmer helper, or in another capacity where the person is caring for a farm or cultivating land; (d) the person is in good health and possesses health insurance coverage; and (e) the person has not attained the age of sixty-five years. (3) The employer or former employer of a person referred to in subsection (2) may apply to — (a) the Work Permit Board or the Director of WORC; or (b) where the employment relates to employment in Cayman Brac or Little Cayman, to the Cayman Brac and Little Cayman Immigration Board, for the grant or renewal of a Certificate for Commercial Farmhands in respect of that person. (4) Where, having received an application under subsection (3), the Work Permit Board or the Director of WORC is satisfied that the criteria in subsection (2) are met, the Work Permit Board or the Director of WORC, having regard to the criteria in section 58(3) and on payment of the prescribed fee, may issue a Certificate for Commercial Farmhands, valid for five years from the date of issuance of the Certificate, to take effect — (a) on the expiry of the employee’s final work permit or permission granted under section 66(4); or Page 30 Act 14 of 2025 c Immigration (Transition) (Amendment and Validation) Act, 2025 Section 20 (b) in the event that the employee’s final work permit or permission granted under section 66(4) has expired, on the date of the decision of the Board or the Director of WORC, and the Certificate shall be renewable for one further period of five years, on application to the Board or the Director of WORC and on payment of the prescribed fee, if the criteria in subsection (2) remain satisfied. (5) On the issue of a Certificate for Commercial Farmhands, the name of the agricultural enterprise that is registered with the Department of Agriculture as a commercial agricultural producer shall be inscribed on the Certificate. (6) Where, during the currency of a final work permit or permission granted under section 66(4), an application had been made to the Work Permit Board or to the Director of WORC — (a) for the grant of a Certificate for Commercial Farmhands where the applicant is eligible to make such an application; or (b) for the renewal of a Certificate for Commercial Farmhands prior to the expiry of the current Certificate, if the application — (i) has not yet been determined by the Work Permit Board or the Director of WORC; or (ii) has been refused by the Work Permit Board or the Director of WORC and that refusal has been appealed under section 21 to the Immigration Appeals Tribunal within the prescribed time for doing so, notwithstanding the fact that the final work permit, the permission granted under section 66(4) or the Certificate for Commercial Farmhands has expired, it shall not be an offence for the employee to whom the application relates to continue to be engaged in gainful occupation on the same terms and conditions of the final work permit, the permission granted under section 66(4) or the Certificate for Commercial Farmhands while awaiting a notification of the determination of the application or appeal. (7) A Certificate for Commercial Farmhands shall not confer on the employee’s spouse or civil partner or dependants any rights with respect to residence and employment in the Islands. (8) An application for the renewal of a Certificate for Commercial Farmhands, where the applicant was eligible to make the application, may be refused and a Certificate may be revoked by the Work Permit Board or the Director of WORC if — c Act 14 of 2025 Page 31 Section 21 Immigration (Transition) (Amendment and Validation) Act, 2025 (a) the employee named in the Certificate ceases to be employed by the employer named in the Certificate; (b) the person named in the Certificate as being the employer dies or becomes in the opinion of the Work Permit Board or the Director of WORC no longer capable of holding the Certificate; (c) the agricultural enterprise named in the Certificate is dissolved or ceases to operate; or (d) in the opinion of the Work Permit Board or the Director of WORC, any of the matters referred to in section 51(1)(a), (c), (d), (e), (f), (g), (h), (k) or (n) applies to the employee named in the Certificate. (9) Where the employment arrangement between the employee and the employer who is the Certificate holder ceases or the Certificate holder or the agricultural enterprise named in the Certificate is dissolved or ceases to operate, the employee named in the Certificate or the employer who is the Certificate holder shall inform the Board or the Director of WORC within thirty days of the cessation or dissolution, and failure to do so is an offence for which both the Certificate holder and the employee named in the Certificate are liable. (10) Unless the employee named in the Certificate for Commercial Farmhands is allowed to remain under another provision of this Act, the employee shall leave the Islands where — (a) a Certificate for Commercial Farmhands expires and no application is made for its renewal; (b) an application for renewal of a Certificate for Commercial Farmhands is not permitted to be made; or (c) an application for renewal of a Certificate for Commercial Farmhands is made but is refused and no appeal has been made, and neither the Board nor the Director of WORC shall grant or renew a work permit for the employee for at least one year after the employee has left the Islands. (11) A Certificate for Commercial Farmhands ceases to be valid on the holder of the Certificate attaining the age of sixty-five years.”.