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 Substantial Business Presence Dependant's Certificate permits residence in the Cayman Islands. After the principal holder's death or dissolution of the marriage or civil partnership, the dependent spouse or civil partner's residence ends after one year unless the person can support themselves and dependent children without gainful occupation in the Islands or receives permission under another provision. A dependent child's residence ends on completion of full-time tertiary education or at age twenty-four, whichever is earlier, unless special circumstances apply. The official source does not state the application process.
See recorded sources
Limits of the record- The operational process for invoking an exception is not stated in the captured section.
- section 50(7)-(8), PDF text lines 2443-2469
(7) Upon —
(a) the death of the holder of an Approval-in-Principle Residency Certificate
(Substantial Business Presence) or a Residency Certificate (Substantial
Business Presence); or
(b) the dissolution of the marriage or civil partnership of the holder of an
Approval-in-Principle Residency Certificate (Substantial Business
Presence) or a Residency Certificate (Substantial Business Presence),
the right of the dependent spouse or civil partner to reside in the Islands shall
cease after a period of one year from the date of the death or the dissolution
unless —
(i) the spouse or civil partner can demonstrate to the satisfaction of the
Director of WORC that that spouse or civil partner can support
themselves and any dependent children without having to become
gainfully occupied in the Islands; or
(ii) the holder is granted permission to remain under any other provision
of this Act.54
(8) The right of a dependent child to reside in the Islands as a dependant shall cease
upon completion of that dependent child’s full time tertiary education or when
c Revised as at 31st December, 2021 Page 57
Section 50 Immigration (Transition) Act (2022 Revision)
that dependent child reaches the age of twenty-four years, whichever happens
earlier, unless the Director of WORC is satisfied that there are special
circumstances.
- section 50(6), PDF text lines 2438-2442
(6) The spouse, or civil partner and dependent children (where applicable) of the
holder of an Approval-in-Principle Residency Certificate (Substantial Business
Presence) shall be granted a Substantial Business Presence (Dependant’s)
Certificate, the holder of which is permitted, subject to this section, to reside in
the Islands.53
