Ministry Takes Legal Advice on Print Job-Ad Rule as Cayman Marl Road Threatens Court Challenge

Analysis
11 min read
Printed classified advertising pages from three Cayman Islands newspapers
Classified pages of the Cayman Independent, Caymanian Times and Cayman Compass, the three printed titles currently carrying work-permit job advertisements. The employers whose advertisements are visible have no connection to this report and are not its subject

Editorial Note: The Caymanian Journal (TCJ) is an affiliate of Stingray Media. Stingray Media owns eCayHire, which sells the work-permit advertising that the requirement discussed in this report generates. Stingray Media benefits commercially from the print requirement, and its interest lies in the requirement being upheld. TCJ is not among the media houses reported to be considering a judicial review, and will not be a party to any such proceedings, now or in the future.

The Ministry of Caymanian Employment and Immigration is seeking legal advice on whether the law needs to say that a newspaper must be printed before a job advertisement in it counts towards a work permit, it told TCJ on 17 September, as the founder of the online outlet Cayman Marl Road says notice has been given of an intended judicial review of the print-only rule.

Asked whether the Attorney General's Chambers had been consulted on reading "a local newspaper" in the Caymanian Protection Act as a printed newspaper, the Ministry said in a written response: "Historically, 'newspaper' has been understood to mean a printed publication. We are seeking advice on whether a further legal definition is needed to specify that a newspaper must be printed for this context." It did not say whether the Chambers had been consulted before the requirement took effect on 1 May 2026.

The Ministry also confirmed that no media have been prescribed by regulation under the Act, and that the instrument Workforce Opportunities and Residency Cayman (WORC) relies on when it declines applications advertised only in digital outlets is the government's Immigration Reform Guide Book. Asked to identify "the Act, regulation, policy or direction concerned", it answered: "The policy utilised is the Immigration Reform Guide Book", and quoted the guide's requirement to advertise "in both of the following prescribed media: the WORC electronic Jobs Portal; and a locally printed newspaper". The guide describes the printed newspaper as a "prescribed" medium, although, as the Ministry confirmed, no regulation prescribes it.

Sandra Hill, founder and managing director of Cayman Marl Road, told TCJ on 8 September that "preparations are being made to bring a judicial review challenge against the government's print advertising requirement", and on 15 September that "the government has now been afforded notice of the intent and should rectify the situation. If they do not then legal action will be taken." She did not say in what form the notice was given, and would not name the applicant or give a timetable, though she said she might bring the application herself, citing her "experience with a successful judicial application". No other media house has confirmed involvement to TCJ: the Caymanian Times said it is not involved, and Compass Media and the Cayman Independent did not respond to emailed questions sent on 8 September. No application had been filed with the Grand Court as of 23 September. The latest of the fixed dates from which the three-month limit for such an application could run expires on 1 October.

The Words in Dispute

Section 58(2)(b) of the Caymanian Protection Act, which until this year was the Immigration (Transition) Act, has since 1 May 2026 required that "the prospective employer, unless exempted by the Cabinet, the Board or the Director of WORC, has (i) paid the prescribed non-refundable fee to register the vacancy to which the application relates for the vacancy to be posted on an electronic portal established and managed by WORC for twenty-one days before the submission of the application; and (ii) advertised the vacancy to which the application relates in a local newspaper or other prescribed media for twenty-one days before the submission of the application". Both limbs apply. Neither says "printed". WORC published its advertising policy on 13 May and, in a notice of 1 June, extended to 30 June a grace period during which applications could rely on advertisements meeting the previous 14-day, portal-only requirement; the newspaper limb was enforced from 1 July. Three printed newspapers currently sell the advertising the requirement generates; TCJ will become the fourth when it publishes its first print edition.

Cayman Marl Road, a digital-only outlet, reported on 6 September 2026 that media houses were weighing legal action. It says its Trade and Business Licensing record, dated June 2026, classifies it as a newspaper. "Minister Myles and WORC have interpreted 'newspaper' to mean exclusively a printed newspaper, and have enforced that interpretation without any amendment to the Regulations, any Gazette notice, or any other visible instrument that would give a minister the authority to redefine a term used in an Act of Parliament," Ms Hill told TCJ. "A minister does not have the power to narrow a statutory term by internal policy or public statement."

The Ministry had earlier supplied TCJ, "for transparency", a statement it said it had issued to Cayman Marl Road "when that outlet asked for its platform to be considered". Ms Hill disputed that: "Cayman Marl Road has no interest in job advertisements and we are not seeking to be recognized by WORC for that purpose. That was never the basis of our position." Asked why a legal challenge was preferable to launching a print edition, as the Cayman Independent did in July, she said: "An unlawful exercise of power does not become lawful because the people affected by it found a way to accommodate it."

Why WORC Insists on Print

Asked whether WORC accepts advertising in a digital-only publication that holds a Trade and Business Licence as a newspaper, the Ministry said: "No, WORC does not accept advertising in a digital only publication." It gave its reasons at length for the first time. "Unlike established local newspapers, digital-only publications can be created relatively easily and in significant numbers, which could result in a fragmented advertising landscape where job seekers are uncertain as to which online platforms they should routinely monitor for employment opportunities," it said. "A requirement for advertising in established, locally printed newspapers therefore provides a consistent and readily identifiable source through which Caymanians can access advertised vacancies. It also provides greater transparency and accountability in the recruitment process by making it more difficult for a vacancy to be advertised in a limited or obscure online forum that may not be readily accessible to the local workforce."

Since 1 May, the Ministry said, WORC's boards and administrators have refused 24 work-permit applications "for the position not being advertised on the portal", a category it said "can also include no newspaper advertisements being submitted", and have deferred five applications "specific to local newspaper only". Other deferral categories, such as re-advertising with the correct job title or salary, "could also incorporate newspaper advertisement requirements", it said.

In its first statement to TCJ on 7 September, the Ministry's Communications Manager, Martha Connolly, said the rationale for the changes "was originally shared publicly", and that the Ministry "maintains the importance of the ads being posted first on the WORC jobs portal and then in printed newspapers as an additional method to reach job seekers". "These changes were introduced to benefit Caymanian job-seekers, in an economy with significant numbers of work permits, yet which sees a number of locals still finding difficulties in obtaining employment," she said. Michael Myles MP, Minister for Caymanian Employment and Immigration, had described the print requirement in an earlier statement to Cayman Marl Road as a "medium-term measure to support jobseekers, while longer-term enhancements are implemented" to WORC's online platforms.

Asked what those enhancements are, when they will arrive and what they will cost, Ms Connolly said on 16 September that a team was working on "Phase 2" of WORC's payment and online services portal, to be built "predominantly in-house by the Cayman Islands Government's Computer Services Department, using existing government resources", with "no significant external development budget". She gave no completion date, and said an update on the jobs portal itself, the part of the system the print requirement supplements, would follow. TCJ contacted Mr Myles on 9 September and asked his office to identify a spokesperson in support of the requirement; neither Mr Myles nor his office had identified one by 23 September.

The Case for Print

Nick Joseph, an immigration lawyer and founder of Reside Cayman, whose practice files work-permit applications for employers, told TCJ by telephone on 10 September that the Minister's reading was open to him. Asked whether the executive could interpret "newspaper" as a printed newspaper when neither the Act nor regulations said so, he said: "Yes, I think they can. I think that is a policy decision." On the absence of any prescribed alternative, he said: "Until the government chooses to prescribe an alternative, then there is that limitation. There are those guardrails."

Mr Joseph said "written published newspapers are most accessible to the widest cross-section of our community", that the government's electronic interface for jobs "did not work", and that "the reality is that newspaper advertising works". Older jobseekers were unlikely to search online, he said: "The one thing that is going to work, and that they understand, is to pick up Friday's paper, which is free, scouring it for opportunities and making phone calls." His one concern was that the requirement "can be overly prescriptive."

The Caymanian Times, in a response its publisher Ralph Lewis asked to be attributed to the newspaper, said it "has no reason to query the requirement as being lawful under the applicable legislation", and answered "No" when asked whether it or anyone acting on its behalf was a party to the discussions Cayman Marl Road reported.

What the Mandate Is Worth

The Ministry supplied WORC's work-permit figures to TCJ on 16 September. Between January and August 2026 WORC approved 8,408 work-permit grants and refused 659, and approved 10,282 renewals and refused 278: 19,627 decisions in eight months, against 10,582 in the same months of 2025, when it approved 5,236 grants and refused 455 and approved 4,698 renewals and refused 193. Renewal decisions more than doubled year on year. The figures are decisions taken, not applications received, and the Ministry did not say whether they include temporary work permits, which do not have to be advertised, or how much of the increase reflects the clearing of earlier applications. WORC's portal recorded 19,059 postings in 2025 and 15,421 between January and August 2026, according to its December 2025 and August 2026 job postings reports, the latter stating that its data "represents jobs posted only through the online portal of WORC".

Every grant, renewal and annual amendment application that is not exempt must now also be advertised in a newspaper once a week for three weeks, according to WORC's policy, which applies the requirement to "work permit grant, renewal and (annual) amendment applications". None of the three titles currently carrying that advertising publishes a per-column-inch rate; each prices by module. Their published prices for the smallest module of comparable size are:

If the 19,627 permit decisions of January to August 2026 were repeated at the same rate for a year, about 29,400 decisions, and each had required a three-week run at the prices above, the gross spend would be between about CI$4.0 million and CI$6.6 million a year across the three titles: 29,400 multiplied by CI$135 is CI$4.0 million, and by CI$225 is CI$6.6 million. If the obligation fell on new grants alone, the 9,067 grant decisions to August, about 13,600 a year, would put the figure between CI$1.8 million and CI$3.1 million. That is a TCJ order-of-magnitude estimate, not a measurement. Some factors would lower it: temporary and exempt permits need no advertising, and applications decided in 2026 but advertised before 1 May needed no print. Others would raise it: employers may buy larger modules, and the figure varies with which title an employer chooses. Neither the Ministry nor WORC has published a comparison of job-advert readership in print and on the portal, or a count of Caymanians hired through newspaper advertising since 1 May.

The Clock

Under Order 53 of the Grand Court Rules, an application for leave to bring judicial review must be made promptly and in any event within three months of the date on which the grounds first arose, unless the Court extends time. When the grounds arose is itself open to argument. Three months from 1 May 2026, when the requirement took effect, expired on 1 August; three months from 13 May, when WORC published its advertising policy, expired on 13 August. WORC did not enforce the newspaper limb until its grace period ended on 30 June: three months from that date runs to 30 September, and from the first day of enforcement, 1 July, to 1 October. An applicant could also anchor a claim to a later decision, such as a refusal or deferral on newspaper grounds since 1 May. Ms Hill said that "it is not the case that time necessarily began running from either the commencement of section 58(2)(b) or the publication date of WORC's policy alone, given that the requirement continues to be applied and enforced on an ongoing basis", and that any extension needed "would be sought and granted without issue". On standing, she said any person or body "with sufficient interest" may apply, "including one that is not itself commercially impacted by the requirement". Whether the Court would accept either point is for the Court.

If the print requirement is struck down, employers could satisfy section 58 through the portal and any publication that qualifies as a local newspaper, in whatever form. If it is upheld, or if Parliament or the Cabinet supplies the definition the Ministry is now taking advice on, the three printed titles, and TCJ once it prints, will continue to carry advertising that employers are required by law to buy. The Ministry has not said when it expects that advice or what it will do with it.

Published September 23, 2026

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