Any person who has been naturalised as a British Overseas Territories Citizen (BOTC) by virtue of his or her connection with the Islands may, upon satisfying various residency requirements (being resident for 15 years or be naturalised for five years, whichever happens sooner), apply for the Right to be Caymanian.
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These periods are expected to be shortly increased to 20 years and 10 years respectively – although much will depend o whether a prospective applicant qualifies for “grandfathering.” Individuals who have been married to a Caymanian for seven years can also apply for the Right to be Caymanian – although changes in the law are expected to shortly substantially increase this timeframe to 15 years for those that are not “grandfathered”. The surviving spouse of a Caymanian can apply for the Right to be Caymanian as long as they had been married for seven years and fulfil the other criteria. A person who is the child of a Caymanian, no matter the basis on which the parent became Caymanian, is generally Caymanian if they are born subsequent to their parent becoming a Caymanian, but only if they are born outside of Cayman and their parent is Caymanian “otherwise than by descent” A child born in Cayman to a Caymanian parent is only Caymanian if the Caymanian parent is settled in Cayman at the date of the child’s birth. Persons who can prove that they are the child or grandchild of a Caymanian who was born in the Islands can also apply to become Caymanian on the grounds of descent. The Cabinet may, in exceptional circumstances and with the recommendation of the Caymanian Status and Permanent Residency Board, grant the Right to be Caymanian to up to four persons in any year.
Any individual who acquired the Right to be Caymanian can lose that right if they move away from the Cayman Islands for more than five years (other than if they are away for medical or education purposes), and if they are convicted of an offence which was made possible by, facilitated by or connected with the grant of the Right to be Caymanian. This includes persons granted the Right to be Caymanian by Cabinet.
Spouses & Children of Caymanians
By operation of a policy required given unfortunate gaps in the law, when a Permanent Resident is granted Caymanian Status, the spouse and children of that new Caymanian must have their immigration status ‘regularised’ within 45 days. In effect, the spouse/children can no longer be deemed dependants of a PR holder once the person is a Caymanian!
In those 45 days, the spouse of a Caymanian has two options depending on how long they have been married: 1) if married for seven years, the spouse may be automatically entitled to apply for Caymanian Status as the Spouse of a Caymanian, or 2) if married for less than seven years then the spouse needs to apply for a Residency and Employment Rights Certificate as the Spouse of a Caymanian. Then, as soon as they have celebrated seven years of marriage, they can apply for Status.
In reality, it is recommended that both applications be made in any event. This given the potential for delays and the reality that the legislation contains no clear avenues for the applicant for the Right to be Caymanian on ground of marriage to live in the Islands while the application for the Right to be Caymanian, which can frequently take up to a year to be processed, is being considered.
Serious issues have occurred when Permanent Residents have become Caymanians and their dependent spouses have to regularise their immigration status. As explained in the ‘Permanent Residence as the Spouse of a Permanent Resident’ section earlier in this chapter, one of the requirements in the Immigration Act is that you can hand-on-heart tick the box saying you have a stable marriage. If you cannot, your certificate as the spouse of a Permanent Resident may become void immediately. This is why, if you are qualified to do so, you should always apply for Permanent Residency in your own right, and then apply for Naturalisation and the Right to be Caymanain the moment you can.
As it pertains to accompanying children, as long as they are under the age of 18 and the parent acquires the Right to be Caymanian, they can apply for the Acknowledgement of the Right to be Caymanian by Entitlement within those 45 days. This Status, however, will expire at age 18, so it is essential that they apply for “continuation” once they are 17 and before they turn 18 (provided they qualify for continuation by being legally and ordinarily resident in the islands for 5 of the 7 years preceding application). Application for the Right to be Caymanian by Entitlement requires proving that the child is under the age of 18, the child of a Caymanian, and has been continuously legally and ordinarily resident in the Islands for a minimum of 12 months. Te application fee is presently CI$50.. Children who go to boarding school will not be affected as long as their home has always remained Cayman, and they return home for each holiday.
If there are some accompanying children who are approaching the age of 18, then the parent must apply immediately for the child to be Caymanian by entitlement and then, before the child turns 18, for continuation of that status. Defects in the legislation which are not being corrected prevent Caymanians from having expatriate children as dependents. If the child is already 18, and accordingly ineligible to become Caymanian by entitlement they should be the subject of an immediate application, and in any event within 45 days, for their own Residency and Employment Rights Certificate under Section 39 - but only if that child has been legally and ordinarily resident in the Islands for a minimum of seven years. Being away for full-time secondary schooling or tertiary studies (again, provided Cayman remains their home and they return for holidays) does not affect their ability to apply. It is very important that this rule is understood, as applying for PR under Section 39 of the Immigration (Transition) Act grants the child PR independently of their parents which can be of critical importance as they approach graduation and seek to enter the workforce or otherwise wish to remain resident in Cayman after their dependency on their parents expires.
Marrying a Caymanian
A person who is newly married to a Caymanian needs to apply for a Residency and Employment Rights Certificate (RERC) as the Spouse of a Caymanian, which allows them to live in the Islands and to work in any occupation.
The current certificates remain valid for as long as the marriage remains stable. Those currently issued provide the holder with true Permanent Residence i.e. it no longer expires at the seven-year mark. If the spouse of a Caymanian is in possession of a work permit before they are married, then the work permit remains valid for its duration. Provided an application for a RERC is made before the expiry of the work permit, the right to live and work in the Cayman Islands continues whilst the application for a RERC is pending. If the RERC is approved, after the seventh anniversary of the wedding, and as long as the marriage is still stable, the holder (under the current regime) may apply for the Right to be Caymanian on grounds of marriage to a Caymanain.
There is a non-refundable application filing fee of CI$300 and, when approved, there is an additional government fee of CI$400. A person who has been resident in the Cayman Islands for many years and goes on to marry a Caymanian may in any event apply for Permanent Residency in their own right as long as they apply before they have been continuously legally and ordinarily resident in the islands for at least eight years. They may also apply for an RERC. The difference is that if the marriage does not last, they will not lose their residency status. Note: The RERC must include an affidavit to the effect that your marriage is not one of convenience.
Marriages of Convenience
The Cayman Islands Government is very aware that marriages of convenience have been arranged in order for foreigners to move to Cayman, remain, live and work without paying work permit fees. Offenders will be penalised if identified. The Cayman Islands Government has recently been focusing on this issue. Hundreds of so-called “sham marriages” have been identified. They appear to fall into two distinct categories. The first, and most obvious, being where the marriage is itself an artificial arrangement to seek to defeat the immigration legislation. The second, proving more difficult to police, is where the marriage concerned started as a genuine relationship but has broken down without that change in circumstances being reported to the authorities. Legislative amendments are coming – and amongst the requirements of the forthcoming regime will be strict annual declaration obligations, with both parties to a marriage being required to confirm various factors on an annual basis.
Former Spouse of a Caymanian
In the instance where the former spouse of a Caymanian is the mother/father of a Caymanian child, they will usually be allowed to remain (subject to various approvals) and be permitted to work in the Cayman Islands until the child(ren) turns 18, complete their education or reach their 24th birthday, whichever happens sooner. If their youngest Caymanain child reaches the age of 18 (or, if older, concludes full-time tertiary education) and the parent has not obtained an alternative immigration permission before this point, then the parent will, according to the provisions of the law as presently drafted, have to leave the Cayman Islands. Such a parent will, however, have had an opportunity to apply for Permanent Residence pursuant to the points system, provided Cayman is and has remained their home for more than eight years.
Immigration Consultants
If you have an immigration or residency question, call one of Cayman’s immigration specialists. You can also find information on the WORC website or you can call them on (345) 945 9672.
Work Permits
Learn about the requirements to obtain a work permit in the Cayman Islands and the difference between Temporary Work Permits and Full Work Permits.
Immigration Consultants
Find immigration consultants and professionals in the Cayman Islands for all of your immigration needs.
Passports
How to apply, renew or replace your passport while living in the Cayman Islands.
Getting a Passport for Your Child
What are the requirements for child passports and visas in the Cayman Islands? Here's what you'll need to make sure this process is hassle-free.
