Please note that should an expat couple living in Cayman decide to divorce, any non-working (previously) dependent spouse will have no particular right to stay in Cayman. Residence based purely on the presence of children is not contemplated by the Immigration Law. Children in such circumstances can remain as approved dependants of the parent who is on a work permit or government contract and continue to attend full-time education until adulthood (as late as 24 if attending university).
However, the formerly dependent parent will likely only be able to remain if they obtain their own work permit (including through the Special Economic Zone regime) or government contract; or alternatively secure some form of residency as a person of independent means. They may be permitted to remain as a tourist, but remaining in such a capacity for more than 90 days can present difficulties, and no permission ought to be expected after six months in any year.
On the other hand, the former spouse of a Caymanian, who is the mother of Caymanian children, will usually be allowed to remain (subject to various approvals) and be permitted to work until the children complete their education or their 24th birthday, whichever happens sooner.
Couples Who Are Separating or Divorcing in the Cayman Islands
(If you are experiencing marital difficulties, please do go for legal advice regarding your immigration status, as current legislation is not supportive of those who cannot swear in an affidavit that they are in a stable marriage.)
Problems will occur whether the non-dependent spouse is supportive of the other party remaining on Island or not.
You should consider:
• The length of time you and your spouse have lived on the Islands and what implication that has on your term limit and applications for Permanent Residency.
• Get naturalised – remember this option is available on the grounds of both marriage and residency (although separated or divorcing couples should plainly not seek this benefit on the grounds of marriage).
• Naturalisation is an option for a dependent spouse with an RERC based on PR, but not with an RERC based on marriage to someone who has obtained the Right to be Caymanian.
• Remember that under current legislation it is an offense punishable by a fine of CI$10,000 not to inform the Director of WORC of a change in your marital status within six months of the breakdown.
Divorce For Expats/Work Permit Holders
Should an expat couple living in Cayman decide to divorce, or even to separate, the non-working (previously) dependent spouse will have no particular right to stay in Cayman. Residence based purely on the presence of children is not allowed by the Caymanian Protection Act. Children in such circumstances can remain as approved dependants of the parent who is on a work permit or government contract, and continue to attend full-time education until adulthood (as late as 24 if attending university). However, the formerly dependent parent will likely only be able to remain if they obtain their own work permit (including through the Special Economic Zone regime) or government contract; or alternatively secure some form of residency as a person of independent means. They may be permitted to remain as a tourist but remaining in such a capacity for more than 90 days can present difficulties, and no permission ought to be expected after a total of 182 days of physical presence in any 12 month period.
On the other hand, the former spouse of a Caymanian, who is the parent of a Caymanian child, will be allowed to remain (subject to various approvals) and be permitted to work until the child completes their education or their 24th birthday, whichever happens sooner.
Spouses of Permanent Residents
The dependant spouse of a Permanent Resident can and (in most cases) should apply for their own Residence and Employment Rights Certificate in their own right as soon as their spouse is granted Permanent Residence. With effect from 1 May, 2026, these RERC’s are no longer to be “permanent” in nature and, like the equivalent permission for spouses of Caymanians, are to be issued for only an initial fifteen-year period. After fourteen years, application can be made for the certificate to be renewed indefinitely. Ideally, spouses who qualify should in any event consider applying for Permanent Residence in their own right once they have been legally and ordinarily resident for eight (and less than nine) years. Where a spouse chooses to remain on a marriage-based RERC, or otherwise as a dependant, an issue arises when one of the spouses applies for and is granted the Right to be Caymanian. At this point the RERC holder/spouse must have their immigration status in the Islands ‘regulated’ within 45 days, i.e. they must have their RERC changed to that of the Spouse of a Caymanian. If they forget, or even (for example) divorce then as they are no longer married to a Permanent Resident their certificate arguably becomes void. There will in effect be nothing to extend. This has caused a lot of problems for couples/parents who then decide to separate. One of the requirements in the Immigration Law is that you can hand-on-heart tick the box saying you have a stable marriage. If you cannot then there are no particular rights remaining for you in the law: your life is in limbo, and you may not be allowed to stay in the Cayman Islands.
Going forward, when the spouse of a Caymanian is awarded an RERC there is a time limit on this residency. It would only be issued for an initial period of fifteen years. However, at fourteen years, application can be made for the certificate to be made indefinite. Once it is made indefinite, the holder may, should their spouse be a BOTC, be eligible to apply for naturalisation on the grounds of marriage. Should the spouse not be a BOTC, or in any event, the holder will, one year later, be eligible to apply for naturalisation as a BOTC on the grounds of residence.
Further, whether or not the spouse of a Caymanian is a BOTC, they are eligible to apply for the right to be Caymanian on grounds of marriage or civil partnership. Where the union took place before 1 May, 2026, eligibitly to apply on this basis arises after seven years of marriage/civil partnership. Where the union took place on or after 1 May, 2026, the marriage or civil partnership is required to subsist for a minimum of fifteen years before eligibility to apply for the right to be Caymanian on grounds of marriage/civil partnership arises. However, if the marriage is viewed to have irretrievably broken down in the meantime, the Department of WORC can revoke your RERC and it may in any event become void. If the RERC is revoked, one of the only ways for your spouse to stay in the Islands is by being granted a work permit under the Caymanian Protection Act and even then, subject to term limits and only for a period of up to three years. At the end of three years, and if you have passed your term limit, then the non-Caymanian spouse will have to leave the Islands for one year to reset their clock. The implication of this in the lives of young children can be dramatic. An application for permanent residence under the Points System may be appropriate in some circumstances.
