The new Immigration Law explained: The right to be Caymanian

Tuesday, February 17, 2004

This is the first of four articles explaining the major changes in the Immigration Law 2003. 

The new immigration law for the Cayman Islands, which took effect on 1 January, has brought with it a number of important changes. 

Among the provisions are new requirements for people wishing to visit, reside, work, conduct business or study in the Cayman Islands. The law also defines who is a Caymanian as of right, and introduces powers, procedures and mechanisms to improve efficiency in administering the system. 

For example, three smaller boards now replace the Immigration Board. The boards, which will operate independently of each other, are the Work Permit Board, the Caymanian Status and Permanent Residency Board, and the Business Staffing Plan Board. In addition, the Chief Immigration Officer (rather than a board) now has authority to decide on certain categories of work permit and residency applications.

The Immigration Law 2003 retains most of the provisions that were presented in the Bill, but also incorporates input received from the public. 

To help people better understand these changes, the Immigration Department has provided a series of information bulletins giving an overview of the law. 

The new legislation clarifies what constitutes the right to be Caymanian. Among the main effects of these provisions is that a person born outside of the Islands and who has a Caymanian grandparent can now obtain the right to be Caymanian without having to prove that one of his or her parents is/was Caymanian. 

However, people born overseas, whether it is their parents or grandparents who are/were Caymanian, must now be legally and ordinarily be resident in the Islands before they can apply to the board for the right to be Caymanian. 

In the case of non-Caymanians who marry Caymanians on or after 1 January this year, they will now have to wait seven years instead of five before they can apply. For people with no family ties to the Islands, the law now requires them to have been resident for at least 15 years and to be naturalized before being eligible. 

There are five categories of people who have the right to be Caymanian. The first is: A Caymanian at the commencement of the law, that is, a person who already had Caymanian Status under the Immigration Law (2003 Revision) or any earlier law.

The other four categories are made up of people who receive the right to be Caymanian under Part III of the new law. These are: 

• A Caymanian as of right - This refers to a person in one of three groups:
  • A child born inside or outside the Islands after the start of the law and who, at the date of his birth, had at least one parent who was settled in the Islands and was Caymanian;
  • A child born outside the Islands after the start of the law and who, at the date of his birth, had at least one parent who was Caymanian by any means except by descent; or
  • A child who gains the status of Caymanian on the basis of being the legitimate child, step-child or adopted child of a person who possesses Caymanian Status. A child born out of wedlock to a Caymanian man will have the right to be Caymanian if the man can prove to the board's satisfaction that he is the father, if the court rules that he is the father under the Affiliation Law (1995 Revision), and if the court orders him to pay for the child's maintenance and education.
• A Caymanian by grant of the Caymanian Status and Permanent Residency Board. Such grants can be made on the basis of the person being:
  • The child or grandchild of a Caymanian born in the Islands;
  • A person who is a British Overseas Territories citizen by reason of naturalisation or registration;
  • A person married to a Caymanian for at least five years, where the marriage took place before the start of this law, or at least seven years where the marriage took place on or after the commencement of this law;
  • The surviving spouse of a Caymanian; or
  • A person who possesses Caymanian status but who will lose such status upon reaching the age of 18 years.
• A person obtaining the right by automatic acquisition. This refers to the child of someone granted the right to be Caymanian and who is under 18 years old and who lives in the Islands.
• A person granted the right by the Governor. The Governor can grant the right to be Caymanian to any person if, in his opinion, he finds special reason for so doing. 

The next article in this series will deal with permanent residency and arrangements for current long-term residents.

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