How does the application work at a high level, what rights does the family member receive, how long does the status last, and how can it become independent or longer-term where officially stated?
The spouse or civil partner of a Caymanian applies in the prescribed form and manner to the Director of WORC or the Caymanian Status and Permanent Residency Board, with evidence of the stability of the marriage or civil partnership, a statement of the number of dependants, and the prescribed fee. If successful, a Residency and Employment Rights Certificate is granted for fifteen years; the spouse or civil partner must hold it in order to reside or be gainfully employed in the Islands, and is not entitled to a work permit or its renewal, although a work permit in effect on the date of the marriage or civil partnership may be used until it expires. The holder must file an annual declaration with the prescribed fee. No more than one year before the end of the fifteen-year period, the holder may apply for the certificate to be renewed indefinitely, at the authority's discretion; after holding the indefinitely renewed certificate for at least one year, the holder may apply for naturalisation or registration under the British Nationality Act, 1981. These rules come from the 2025 amending Act, which comes into force on dates appointed by Cabinet order; the official source does not state whether they are already in force.
See recorded sources
Limits of the record- These rules come from the 2025 amending Act, which comes into force on dates appointed by Cabinet order; the official source does not state whether they are already in force.
- https://gov.ky/documents/43485/45951/Immigration(Transition)(AmendmentandValidation)Act2025.pdf/4a8d7504-e84f-da1f-825c-18274a69dd6c?t=1766076382321
(a) the spouse or civil partner of a Caymanian may apply to the
Director of WORC or the Caymanian Status and Permanent
Residency Board in the prescribed form and manner for
permission to reside in the Islands; and
(b) if the application is successful the Director of WORC or the
Caymanian Status and Permanent Residency Board, as the case
may be, shall grant to the applicant a Residency and
Employment Rights Certificate which will be for a period of
fifteen years.”;
- https://gov.ky/documents/43485/45951/Immigration(Transition)(AmendmentandValidation)Act2025.pdf/4a8d7504-e84f-da1f-825c-18274a69dd6c?t=1766076382321
“(2) The application under subsection (1) shall be accompanied by —
(a) evidence as to the stability of the marriage or civil partnership
and a statement as to the number of dependants, if any, of the
spouse or civil partner; and
(b) the prescribed fee.”;
- https://gov.ky/documents/43485/45951/Immigration(Transition)(AmendmentandValidation)Act2025.pdf/4a8d7504-e84f-da1f-825c-18274a69dd6c?t=1766076382321
“(6) Subject to subsection (6B), the non-Caymanian spouse or civil
partner of a Caymanian shall apply for a Residency and Employment
Rights Certificate under this section in order that the spouse or civil
partner may reside or be gainfully employed in the Islands.
- https://gov.ky/documents/43485/45951/Immigration(Transition)(AmendmentandValidation)Act2025.pdf/4a8d7504-e84f-da1f-825c-18274a69dd6c?t=1766076382321
(6A) The non-Caymanian spouse or civil partner of a Caymanian shall not
be entitled to apply for, or to be granted, a work permit or the renewal
of a work permit but where a work permit is in effect on the date of
the marriage or civil partnership, the spouse or civil partner may
continue to work under the terms and conditions of the work permit
until its expiration.
- https://gov.ky/documents/43485/45951/Immigration(Transition)(AmendmentandValidation)Act2025.pdf/4a8d7504-e84f-da1f-825c-18274a69dd6c?t=1766076382321
“(10) The holder of a Residency and Employment Rights Certificate issued
under this section shall provide annually a declaration containing
prescribed particulars in respect of the holder and the holder’s
dependants —
c Act 14 of 2025 Page 21
Section 16 Immigration (Transition) (Amendment and Validation) Act, 2025
(a) on the anniversary of the date of issue of the Residency and
Employment Rights Certificate; or
(b) on the date that the Board or the Director of WORC may
specify,
and the declaration shall be accompanied by the prescribed fee for
the filing of the declaration.
- https://gov.ky/documents/43485/45951/Immigration(Transition)(AmendmentandValidation)Act2025.pdf/4a8d7504-e84f-da1f-825c-18274a69dd6c?t=1766076382321
“(3A)Subject to section 40(3), where the spouse or civil partner of a
Caymanian who was granted a Residency and Employment Rights
Certificate under subsection (1) continues to hold the Residency and
Employment Rights Certificate, no more than one year prior to the
end of the fifteen-year period —
(a) the spouse or civil partner may make an application to the
Director of WORC or the Caymanian Status and Permanent
Residency Board in the prescribed form and manner,
accompanied by the prescribed fee, for the Residency and
Employment Rights Certificate to be renewed indefinitely; and
(b) the Residency and Employment Rights Certificate may be
renewed indefinitely at the discretion of the Director of WORC
or the Caymanian Status and Permanent Residency Board.
- https://gov.ky/documents/43485/45951/Immigration(Transition)(AmendmentandValidation)Act2025.pdf/4a8d7504-e84f-da1f-825c-18274a69dd6c?t=1766076382321
(b) after continuing to hold the Residency and Employment Rights
Certificate that has been renewed indefinitely for a period of at
least one year, the spouse or civil partner of a Caymanian in
respect of whom the Residency and Employment Rights
Certificate is renewed indefinitely may apply for a certificate of
naturalisation or registration issued under the British
Nationality Act, 1981.”;
- https://gov.ky/documents/43485/45951/Immigration(Transition)(AmendmentandValidation)Act2025.pdf/4a8d7504-e84f-da1f-825c-18274a69dd6c?t=1766076382321
(2) Subject to subsection (3), this Act comes into force on such date as may be
appointed by Order made by the Cabinet and different dates may be appointed
for different provisions of this Act and in relation to different matters.