Divorced Couples

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 his or her partner 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 provided on the grounds of both marriage and residency.
• 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 offence punishable by a fine of CI$10,000 not to inform the Chief Immigration Officer 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, 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 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 a total of 182 days of physical presence in any 12 month period.

Spouses of Permanent Residents

The dependant spouse of a Permanent Resident can and (in most cases) should apply for their own Permanent Residence and Employment Rights Certificate in their own right as soon as their spouse is granted Permanent Residence. They do not have to wait the usual eight years of residency and do not have to take any test or be subject to the points system. They should also apply for the Right to be Caymanian as soon as they have been living in the Cayman Islands for 15 years. 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. However, many people just carry on having their RERC (Residency and Employment Rights Certificate) ‘tied to’ their spouses’ Permanent Residency since there is no time limit on the award. The problem 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.

Further to this, when the spouse of a Caymanian is awarded an RERC there is a time limit on this residency status: after seven years of marriage the non-Caymanian spouse must apply for the Right to be Caymanian, or (before it expires) apply for the RERC to be renewed. However, if the marriage is viewed to have irretrievably broken down in the meantime, then the Immigration department can revoke your RERC and it may in any event become void. If the RERC is revoked then one of the only ways for your spouse to stay on the Island is by being granted a work permit under section 31 (7) of the Immigration 2015 Law, and only for a period of 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 is very sad indeed. However, short of an application to the Governor or the Cabinet (and neither entity seems to consider such applications at present) there is no leeway in the law, even though it has been asked for numerous times. The only avenue to fighting this is possibly on the grounds of human rights, and that process can be lengthy, costly and not always successful.