Permanent Residence FAQs

How long do I have to live in the Islands to qualify for permanent residence?

You have to be legally and ordinarily resident for at least 8 years.

What is legal and ordinary residence?

Legal and ordinary residence is defined as:-

A persons uninterrupted voluntary physical presence in the Islands for a period of time without legal impediment (other than a tourist visitor or transit passenger) during which period the Islands are regarded as his normal place of abode for the time being, save that­

• absences abroad of six consecutive months´ duration or less for, inter alia, purposes of education, health, vacation or business during such period shall count as residence in the Islands &
• absences abroad of more than six consecutive months but less than one year shall raise the presumption that there has been a break in residence; and
• absences abroad for twelve consecutive months or more shall constitute a break in residence.

What criteria will be used to determine my application for Permanent Residence?

The Caymanian Status and Permanent Residency Board will score your application in accordance with the Points System set out in the Immigration Regulations.

According to the Immigration Law I can only be granted work permits for seven years. How do I get to year eight?

Unless you were legally and ordinarily resident in the Islands for 5 years or more on the 1 January 2004, you will have to be designated as a Key Employee in order to reach year eight.

After reaching year eight, when must I submit my application for permanent residence?

After having been legally and ordinarily resident in the Islands for eight years you may apply for permanent residence at any time so long as you continue to be legally and ordinarily resident here or, if you have ceased to reside here, within ninety days of leaving.

What is my final work permit?

my final work permit means a work permit which at the time of its grant or renewal is stated to be the final work permit for a worker in accordance with his term limit or, where not so expressly stated, is the last work permit that can be granted or renewed in respect of a worker as a consequence thereof.

I have submitted my application for permanent residence and my work permit has now expired. What must I do to keep working.

Your employer must pay all fees that would have been paid had you continued to be employed on a work permit. Once these fees have been paid, your passport will be endorsed to reflect that you are working by operation of law. This endorsement will be valid for one year or until the determination of your application for permanent residence.

What can I do if my application for Permanent Residence is refused?

You may submit an appeal against the decision to the Immigration Appeals Tribunal. If you do, you may continue to work pending the outcome of the appeal. If the appeal is unsuccessful you have the right to a final non-renewable one-year work permit with any employer. Alternatively, if you do not submit an appeal to the Immigration Appeals Tribunal you are still entitled to the final non-renewable one-year work permit. In either case, upon the expiry of this final work permit you will be required to leave the Islands for at least one year before you can hold any further work permits.

I have appealed against the refusal of my permanent residence application to the Immigration Appeals Tribunal. What should I do next?

You should bring the receipt from the Immigration Appeals Tribunal to the Immigration Department and you will be allowed to continue Working by Operation of Law until your appeal is determined. Your employer may have to pay additional fees if your appeal is not heard within the period stamped in your passport.

While working by operation of law can I change employers?

Yes, but you must notify the Immigration Department in writing and your new employer will have to pay new Working by Operation of Law fees.

Last Updated: 2008-01-04