Permanent Residency

further application, they can become a full British Citizen. Neither Cayman nor the United Kingdom require the surrenderof any existing citizenship. Finally, once a person has been a BOTC citizen for five years they can apply to become Caymanian. In order to qualify for the Certificate of Permanent Residence for Persons of Independent Means, applicants will be required to have invested a minimum of CI$2,000,000 in developed real estate and possess sufficient financial resources to maintain themselves and their dependants. An applicant will also need to demonstrate that they and their dependants are in good physical health and of good character. The number of these types of certificates is restricted to an annual quota of 250 set by the Cabinet. The application fee is CI$500 with a further CI$100,000 due upon grant and an additional CI$1,000 payable per dependant. The CI$1,000 dependant’s fee is then payable annually.

The right to work in an approved occupation can be gained subsequently with an annual fee thereafter payable, equivalent to a Work Permit fee, for as long as employment is maintained, or until the individual becomes a Caymanian.

Enforcement Breaches of the Immigration Law are treated as quasi-criminal by the Department of WORC and can have very serious consequences for all concerned. Overstaying, working (or employing someone) without or outside of the terms of permission granted may result in arrest and prosecution.

EXISTING RESIDENTS - CAYMAN CONNECTIONS

For those expatriates with a connection to the Cayman Islands various options may be available (in addition to the above). These are as follows:

1. Permanent Residency with the Right to Work a) Based on application made after 8 years of living in Cayman b) Based on being the Spouse of a Permanent

Resident c) Based on being the Child of a Permanent

Resident d) Based on being the Spouse of a Caymanian 2. Permanent Residency (without the Right to Work) as a British Overseas Territories Citizen registered by entitlement by virtue of a connection with the Cayman Islands 3. Naturalisation 4. Acquisition of the Right to be Caymanian.

1. PERMANENT RESIDENCY WITH THE RIGHT TO WORK a) Based on application made after eight years of living in Cayman Almost all persons who reach eight years of continuous legal ordinary residence in the Cayman Islands are eligible to apply for Permanent Residence with the Right to Work. Applicants are assessed under a points system which seeks to be as objective and transparent as possible, and those achieving 110 points or more are assured of a grant. If you are successful in gaining a Certificate, then you must annually submit a declaration in respect of your job,

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investments and other factors including the status of your dependants. There is a condition whereby if the Certificate holder sells an investment that was listed in his/her application for PR, then they must purchase an alternative qualifying investment within 180 days and inform the Board with the details of the transaction, within 30 days.. An unsuccessful applicant will be given a permission to continue working for no less than 90 days, following which they will be expected to leave the Islands. An application for Permanent Residence with the Right to Work can be administratively onerous although applicants, particularly those individuals who prepare over the years leading up to it, are likely to find their application successful.

Under most conditions, if an applicant is successful, then they can remain in the Cayman Islands indefinitely, provided an annual fee is paid by them or their employer which is the equivalent to the fee paid for a full work permit. They can work for any employer, although limitations are placed on the specific role which they are entitled to fill. Variations may be granted with the prior approval of the Caymanian Status and Permanent Residency Board or Director of WORC. Factors considered in a Permanent Residence application include:

> Your Occupation; Including Whether it is

“Priority” in Nature: 15 points are presently available for each and every occupation, with (at least theoretically) another 15 bonus points available in relation to occupations which have been determined by the CI Government to be “Priority” in nature. No list of “Priority” occupations has been published as at time of writing. > Education, Training and Experience: A point is available for each year of experience that an applicant has been in their role (after a minimum threshold of two years with a max of 10 years). Points are also available based on levels of academic or other qualification relevant to their occupation or role. For example, persons with professional qualifications are eligible for 15 points, whilst possessing an Associate’s degree will garner 8 points. A total of 25 points are

available under this factor. > Local Investments: Investment in Cayman

Islands real estate and/or in a locally licensed company has the potential to generate up to 30 points. The total amount paid towards such investment(s) (including the full amount of any mortgage payments, the cost of renovations, where applicable and stamp duty paid) is assessed relative to an applicant’s income over the prior five years. This is subject to a minimum threshold of CI$50,000. Investments in excess of CI$500,000 are guaranteed maximum points. > Financial Stability: Evidence of savings held in local bank accounts (again relative to income) generates points. The maximum 15 points available will be awarded to any applicant who can demonstrate that they have (and have maintained) in excess of 5% of their last 12 months income in a local bank account. Further additional points are based on annual salary and income. By way of example, a person earning CI$55,000 each year will (generally) be awarded seven points. However, in calculating the points available for a given salary a deduction is made from the salary in respect of dependant children. Of vital importance is your ability to provide for the healthcare and educational needs of your family. > Community Involvement and Integration into the Caymanian Community: Up to 20 points are available. By way of example (provided more than 35 hours are spent over a year in relation to relevant participation) two points will be awarded for each year an applicant has been engaged in relation to the rehabilitation of offenders, whilst participation and assistance in a local service club will generate 1.5 points for each year. Other points can be gained through charitable donations. Working with children and vulnerable adults may grant more points to your contribution to the community. Outstanding initiatives to get involved in include the Aim Higher mentoring programme (email: pamella. mitchell@kobrekim.ky) and the LIFE (Literacy is For Everyone) programme (email: volunteer@life.org.ky) or see the

Community Life chapter to get other ideas of where to get involved. You may be eligible for slightly higher points if you can demonstrate that you have been training or mentoring Caymanians, especially if the mentoring is outside of normal work hours. > History and Culture Test: You will be asked 40 multiple choice questions and will receive half a point for each correct answer. The questions on the test have generally been taken from The Cayman

Islands in Transition (by J.A. Bodden; Roy

Bodden), Founded Upon the Seas: A History of the Cayman Islands and Their People (by Michael Craton), Foundation - The

Arts and Culture of the Cayman Islands

Volumes 1-4 (Cayman National Cultural

Foundation), Caymanian Expressions: A

Collection of Sayings and Expressions Used in the Cayman Islands (by Kevin M. Goring) plus the media as well as community and cultural events. The University College of the Cayman Islands is offering a four-week course that covers the history, culture, political system, general facts and the evolution of the economy of the Islands. > Close Caymanian Connections: Having a close relative who is Caymanian will result in an automatic award of points. The amount of points vary depending on the nature of the relationship. > Demographics and Cultural Diversity:

Points are awarded based on an applicant’s country of origin, provided their nationality is below 10% of the number of work permits in force. At present, Jamaicans and Filipinos are ineligible for points: citizens of those countries already comprise approximately 42% and 13% of work permits in force in the Cayman Islands. UK nationals presently comprise approximately 6% and can expect as little as 5 points. Citizens of all other countries can presently expect 10 points.. > Age: Applicants are eligible for varying points depending on their age. The most

“desirable” bracket is in respect of applicants aged between 25 and 35. Ten points are awarded for persons falling within this range as at the date of application. > Deductible Components: Points can be lost in defined circumstances including where

an applicant suffers from a contagious disease that could make them a danger to the community, are proved to have mistreated fellow workers, or where they do not have an adequately funded pension. The Board has the power to revoke the Permanent Residence of any holder who “fails to maintain the level of financial investment stated in the application”. The law also states that if false information is provided, or a material fact is concealed in the application, the Board may revoke any permanent residence granted. Permanent Residents are required to report details of their circumstances annually. Finally, if persons become destitute, subsequent to the grant of permanent residence, it may be revoked. Harsh as this might sound, without a large tax base available to provide an extensive social safety net, the Cayman Immigration (Transition) Actseeks to ensure that only persons who will not become a burden on the society are awarded PR. As the current system stands, unless you own a property or shares in a business in Cayman, it can be difficult to make enough points to qualify for Permanent Residency. Applicants are likely to gain the most points should they purchase a property well before being eligible to apply, as any mortgage payments (including interest) will count in the assessment.

Permission to Continue Working (PCW) When a person applies for Permanent Residency, he/she must apply for and be granted Permission to Continue Working (PCW) before any existing work permit expires, otherwise they will have to cease work when their latest permit expires. If the applicant’s final work permit has already expired, they are not entitled to work whilst awaiting the outcome of their application for permanent residence, until they have a ‘PCW’ stamp in their passport. A ‘PCW’ stamp attracts the same fee as a six month work permit and must be renewed every six months while the application is pending. Most Permanent Residence applications are presently dealt with within nine months. Statement’ which will include the reasons for the decision to turn down your PR. It will also include their scoring of your PR application plus all the paperwork which went with your original PR application. The IAT will then forward all of this to you. You are then required to file detailed grounds of your appeal with the IAT and serve a copy to on WORC within 28 days of receipt of the Appeals Statement. In your appeal you must provide written arguments as to why you disagree with the points given in each section, raise any relevant other factors, and provide any supporting evidence/documents. The use of an attorney in relation to the preparation of rebuttal grounds of appeal is strongly encouraged as many of the details can be very technical in nature.

The IAT will review all the documents and decide whether the appellant’s case has merit. If the IAT decides in favour of the appellant, this will be communicated. The successful appellant will then be given an opportunity to submit updates and/or provide fresh evidence for consideration, and any changes in circumstances as it relates to the application. The IAT will then reconsider your application, and assess you afresh against the points system. Once the Tribunal have made their decision the IAT Secretariat will inform you of it.

b) Permanent Residence as the Spouse of a Permanent Resident Permanent Residents will have to continue paying CI$500 per year per dependant until they (or the Permanent Resident) becomes Caymanian. If you are on a government contract, and receive PR, you appear to have the choice of putting your dependant children on your PR (and paying the CI$500 fee per year) or keeping them on your government contract and paying no fees for them. There are other rules worth considering.

The dependant spouse of a Permanent Resident can and (in most cases) should apply for their own Permanent Residence and Employment Rights Certificate (RERC) in their own right, as soon as their

The Next Step for Permanent Residents Many people have asked what happens next once someone has been granted Permanent Residency (PR). Below we explain.

> Naturalisation: Once you have been granted PR you only need to wait 12 months from the date of approval, and then you can apply to be naturalised on the grounds of residency. This is an essential step if you would ultimately like to apply for Cayman

Status (other than on the basis of being under 18 and the child of a Caymanian, or the spouse of a Caymanian). Please see the

Naturalisation section in this chapter for more information on the process. > The Right to be Caymanian (Caymanian

Status): Once you are naturalised and five years have passed (or you have been resident in the Cayman Islands for 15 years, whichever happens earlier), you can apply for Caymanian Status. Please see the Right to be Caymanian section in this chapter for all the details.

How to Appeal a Permanent Residency Refusal If your PR is turned down the first thing you have to do is decide whether you are going to appeal the decision or not. If you choose to appeal then the next step is to serve a formal Notice of Appeal on the Secretary of the Immigration Appeals Tribunal (IAT) – located in the Government Administration Building. Your Notice of Appeal ought to be received by the IAT within 28 days of your application being refused. At this point all you need to include in the letter are a) the grounds under which you are filing the appeal (i.e. that the refusal was (i) erroneous in law (ii) unreasonable (iii) contrary to the principals of natural justice or (iv) at variance with the Immigration Regulations) b) the decision against which the appeal is made c) a copy of your original application and the refusal letter (if that latter document is available) and d) a bank draft for CI$1,000 made payable to the CI Government, which is non-refundable.

Once the IAT receive your appeals paperwork you will be issued with a receipt and the IAT will request from the Department of WORC an ‘Appeals

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 to be naturalised after having PR for one year and then apply for the Right to be Caymanian as soon as five years have passed, or they have been living in the Cayman Islands for a total of 15 years. Do not overlook your children’s Naturalisation and Status application in this process!

However, many people just carry on having their Residency & Employment Rights Certificate as the Spouse of a Permanent Resident (RERC) ‘tied to’ their spouses’ PR since there is no time limit on the award. This can however create problems down the line. For example, a problem arises when one of the spouses applies for and is granted the Right to be Caymanian. At this point the RERC holder/spouse (and children) must have their Immigration status in the Islands ‘regularised’ within 45 days. In effect, the spouse can no longer be deemed the dependant of a PR holder when the person is now a Caymanian – and if applications are not made promptly, they can lose the right to live in the Cayman Islands.

As it pertains to accompanying children, as long as they are under the age of 18 and the parent acquires Cayman Status, they can apply for the Acknowledgement of the Right to be Caymanian by Entitlement within those 45 days provided they have resided in Cayman for a minimum of 1 year. If there are some accompanying children who are over the age of 18 they must apply, within 45 days, for a continuation of their Residency under Section 39, but only if that child has been legally and ordinarily resident in the Islands for a minimum of seven years. Being away for schooling does not affect their ability to apply (provided Cayman has remained their home throughout). Such applications are dealt with by the Director of WORC. It is very important that this rule is understood, as applying for Permanent Residency under Section 39 of the Immigration (Transition) Law grants the child PR independent of their parents.

Serious issues have also occurred when Permanent Residents have become Caymanians. A policy provides that all dependent spouses have exactly 45 days to apply for Caymanian Status (if they have been married for over seven years) or for a Residency & Employment Rights Certificate as the Spouse of a Caymanian (if they have been married for under seven years). However, people have run into immovable problems if their marriage has broken down in the intervening years. One of the requirements in the Immigration (Transition) Act is that you can handon-heart tick the box saying you have a stable marriage. If you cannot, then there is no particular rights remaining for you in the law: your certificate as the spouse of a Permanent Resident may have become void, and you cannot now swap it for Caymanian Status. You may not be allowed to stay in the Cayman Islands. If you have children the consequences can be devastating.

c) Permanent Residency based on being the Dependant Child of a Permanent Resident An expatriate child of a Permanent Resident (even if the child has a Cayman Passport) must in most cases be a dependant on a Parent’s Permanent Residence. Upon turning 18, most will be eligible to apply for Permanent Residence in their own right under section 39 of the Immigration (Transition) Act. They can do this without being subject to the points system, provided they have been legally and ordinarily resident in the Cayman Islands for seven years prior to the application being made, were named on their parent’s application and approved, and are of good character. Their parent must also continue to be a Permanent Resident, or have become Caymanian. Any such application must be made before the child turns 19 (ideally prepared even before they turn 18) but if the parent’s RERC has been varied to allow the child to be a dependent past 18, it can be made up until the child is 24, provided the child is still in tertiary education or within six months of the end of such education. They will then be able to apply to become Caymanian once they have been in Cayman for 15 years and are Naturalised or Registered, or five years after having been Naturalised or Registered and become a British Overseas Territories Citizen (BOTC). An expatriate child who is the child of the expatriate spouse of a Caymanian and whose expatriate parent holds a RERC (Residency & Employment Rights Certificate) as the spouse of a Caymanian can be added as a dependent on their parent, but only until they are 18, unless they continue into tertiary education and their permission is varied.

d) Permanent Residence as the Spouse of a Caymanian The spouse of a Caymanian has no inherent right to live or work in the Cayman Islands (apart from any unexpired permission they may have held before being married to a Caymanian) unless they apply for and have granted a Residency and Employment Rights Certificate as the Spouse of a Caymanian. The Cayman Islands Government has now amended the Law, and these RERC’s are now permanent in nature. Unlike other RERC’s, these place no restrictions on occupation, presently require no annual declaration, and require no annual fees. These certificates can however be revoked, and may become void in the event of a breakdown in marriage. It can take several months to obtain an RERC as the Spouse of a Caymanian and so it is recommended that you apply as soon as possible. Only where the application is made while the applicant has a work permit, can the applicant continue working while the application is pending.

Death or Divorce from a Permanent Resident The surviving or former spouse of a Permanent Resident is required to notify the Director of WORC and the Caymanian Status & Permanent Residency Board of their change in circumstances within

six months. Within these six months the surviving spouse, or former spouse, may be eligible to apply for the grant of a Residency & Employment Rights Certificate in their own right. It may be important to consult with a lawyer or reputable immigration services company to confirm your standing and options in the event of appropriate circumstances arising.

2. PERMANENT RESIDENCY BASED ON REGISTRATION BY ENTITLEMENT AS A BRITISH OVERSEAS TERRITORIES CITIZEN Any child who is born in the Cayman Islands and whose parent subsequently becomes a permanent resident or lives the first 10 years of their life here, may, immediately (or if their parent is not a Permanent Resident) upon their tenth birthday, seek Registration as a British Overseas Territories Citizen (BOTC) by Entitlement. All persons so registered have a prima facie right to remain in the Cayman Islands for life (and hold a BOTC (Cayman Islands) passport). Applications in relation to children who have lived in Cayman for the first 10 years of life are independent of a parent’s immigration status, and cannot be denied to a child who meets the criteria. This reality is both a reason for the rollover policy and creates an enormous opportunity for the Caymanborn children of those to whom the rollover is not applied (including Civil Servants and anyone exempted from term limits, including persons married to government employees or even work permit holders).

3. NATURALISATION If you are a Permanent Resident adult and not married to a Caymanian then getting Naturalised as a British Overseas Territories Citizen (BOTC) is an essential step in the process of acquiring Caymanian Status. Once you have had PR for 12 months (and have lived in Cayman for at least five years) you can apply under the British Nationality Act for Naturalisation as a British Overseas Territories Citizen (BOTC) by virtue of a connection with the Cayman Islands. For the application you will need to provide a copy of your PR approval letter, your PR certificate, your birth certificate, passport picture page, a passport-sized full-face photo, a police record, a current job letter, a marriage certificate (if it applies) plus the birth certificate for your spouse, and a current travel history from WORC/CBC. One thing worth noting is that the physical presence rules are totally different under the British Nationality Act than those under the Cayman Islands Immigration Law. If you have been outside of the Islands for longer than 90 days in total in one year, or a total of 540 days over the course of five years, then this may affect your ability to be granted Naturalisation on the grounds of residency. If you are applying for Naturalisation on the grounds of being married to a BOTC then you ought not to have been off the Islands for more than 270 days over the course of three years. Please note that you will still need to pay your PR work-related fees every year once you are Naturalised. However, the spouse of a Caymanian does not pay these fees.

The spouse of a Caymanian or Permanent (provided their Caymanian or Permanent Resident Spouse is a BOTC), be able to apply for Naturalisation 12 months from the date that their RERC was approved provided they have been resident in the Islands for at least three years and seek to apply on the basis of marriage to a BOTC. Application is made to the Deputy Governor and must include an up-to-date travel history covering the last five years (you can obtain this from WORC/CBC), as well as certified copies of your relevant documents and a fee of CI$825. Please note that a child under the age of 18 can (on successful application) be registered as a BOTC and the cost is CI$450.

Naturalisation entitles the applicant to a Cayman Islands passport but does not make the applicant a Caymanian (i.e. does not grant Status) or give them a right to work or even necessarily to reside in the Islands. It does however normally entitle the holder to ultimately apply for the right to be Caymanian on the basis of residence, provided they remain legally and ordinarily resident in Cayman.

Registration is the equivalent of Naturalisation for children, and the basis for Registration can vary widely depending on various factors, including age, immigration status of parents, and place of birth. The fact that many people who have become naturalised or registered or have otherwise become BOTC’s and possess Cayman Islands passports without being Caymanian can be potentially confusing. It is perhaps best to think of a Cayman Islands passport as a travel document, naturalisation (or registration) as becoming a BOTC (but not a Caymanian) and being Caymanian (known as possessing the Right to be Caymanian) as possessing a particular type of Immigration permission (whether by right, entitlement or grant). Not all Caymanians are BOTCs and accordingly, large numbers of Caymanians are not entitled to hold Cayman Islands Passports.

4. ACQUISITION OF THE RIGHT TO BE CAYMANIAN Any person who has been naturalised as a British Overseas Territories Citizen (BOTC) by virtue of his or her connection with the Islands may, upon satisfying various residency requirements (being resident for 15 years or be naturalised for five years, whichever happens sooner), apply for the Right to be Caymanian. Persons who have been married to a Caymanian for seven years, can also apply for the Right to be Caymanian. The surviving spouse of a Caymanian can apply for the Right to be Caymanian as long as they had been married for seven years and fulfil the other criteria. A person who is the child of a Caymanian, no matter the basis on which the parent became Caymanian, is generally considered a Caymanian if he/she is born subsequent to their parent becoming a Caymanian. Persons who can prove that they are the child or grandchild of a Caymanian who was born in the Islands can also apply to become Caymanian on the grounds of descent. The Cabinet may, in exceptional circumstances,

grant the Right to be Caymanian to up to four persons in any year.

Any individual who acquired the Right to be Caymanian can lose that right if they move away from the Cayman Islands for more than five years (other than if they are away for medical or education purposes) and if they are convicted of an offence which was made possible by, facilitated by or connected with the grant of the Right to be Caymanian. For further details see www.caymanresident.com.

Spouses & Children of Caymanians When a Permanent Resident is granted Caymanian Status the spouse and children of that new Caymanian must have their immigration status ‘regularised’ within 45 days. In effect, the spouse/children can no longer be deemed dependants of a PR holder once the person is a Caymanian!

In those 45 days the spouse of a Caymanian has two options depending on how long they have been married: a) if married for seven years then the spouse may be automatically entitled to apply for Caymanian Status as the Spouse of Caymanian, b) if married for less than seven years then the spouse needs to apply for a Residency & Employment Rights Certificate as the Spouse of a Caymanian. Then as soon as they have celebrated seven years of marriage they can apply for Status. Serious issues have however occurred when Permanent Residents have become Caymanians and their dependent spouses have to regularise their immigration status. As explained under the ‘Permanent Residence as the Spouse of a Permanent Resident’ heading one of the requirements in the Immigration Act is that you can hand-on-heart tick the box saying you have a stable marriage. If you cannot then your certificate as the spouse of a Permanent Resident may become void in 45 days, and you cannot now swap it for Caymanian Status. This is why you should always apply for Permanent Residency in your own right, and then apply for Naturalisation and Cayman Status the moment they can.

As it pertains to accompanying children, as long as they are under the age of 18 and the parent acquires Cayman Status they can apply for the Acknowledgement of the Right to be Caymanian by Entitlement within those 45 days. This Status however, will expire at age 18, so it is essential that you apply for “continuation” before they turn 18. For children applying for Status there is now an acknowledgment form in which you have to give proof of the schools your child has attended in the Cayman Islands (or school overseas), proof of how the child was able to remain and reside in Cayman (whether they were dependent on a PR or Government worker’s contract), the birth certificate of the child and marriage certificate of the parents; and CI$50. Children who go to boarding school will not be affected as long as their home has always been Cayman, and they return home with some frequency (ideally every holiday).

If there are some accompanying children who are over the age of 18 they must apply, within 45 days, for a continuation of their Residency under Section 39, but only if that child has been legally and ordinarily resident in the Islands for a minimum of seven years. Being away for full-time secondary schooling or tertiary studies (again provided Cayman remains their home and they return for holidays) does not affect their ability to apply. It is very important that this rule is understood, as applying for Permanent Residency under Section 39 of the Immigration Law grants the child PR independently of their parents.

Marrying a Caymanian A person who is newly married to a Caymanian needs to apply to the Caymanian Status and Permanent Residency Board for a Residency and Employment Rights Certificate as the Spouse of a Caymanian (RERC), which allows them to remain and work in any occupation and the certificate remains valid for as long as the marriage remains stable. It no longer expires at the seven year mark. If they are in possession of a work permit before they are married, then the work permit remains valid for its duration. Provided an application for a RERC is made before the expiry of the work permit, the right to live and work in the Cayman Islands continues whilst the application for a RERC is pending. If the RERC is approved then after the 7th anniversary of the wedding, and as long as the marriage is still stable, the holder may apply for the Right to be Caymanian. There is a non-refundable application filing fee of CI$300 and, when approved, there is an additional government fee of CI$400. A person who has been resident in the Cayman Islands for many years, and then goes on to marry a Caymanian, may apply for Permanent Residency in their own right as long as they apply before they have been resident for 8 years. They may also apply for an RERC. The difference is, that if the marriage does not last then they will not lose their residency status. Note that the RERC application must include an affidavit to the effect that your marriage is not one of convenience.

Marriages of Convenience The Cayman Islands Government is very aware that marriages of convenience have been arranged in order for foreigners to move to Cayman, remain, live and work without paying work permit fees. Offenders will be penalised if identified.

Former Spouse of a Caymanian In the instance where the former spouse of a Caymanian is the mother/father of a Caymanian child, they will usually be allowed to remain (subject to various approvals) and be permitted to work in the Cayman Islands until the children complete their education or reach their 24th birthday, whichever happens sooner. If their last child reaches the age of 18 or, is in full time tertiary education and the non-Caymanian parent has not obtained an alternative immigration permission before this point, then the parent will (according to the provisions of the law as presently drafted) have to leave the Cayman Islands. Such a parent will