Marriage

Eligibility

Any person who

• who has been married to a Caymanian-
  • for at least five years immediately preceding the application, where the marriage took place prior to the 1st January 2004; or
  • for at least seven years immediately preceding the application, where the marriage took place on or after 1st January 2004
• whose marriage is not a marriage of convenience;
• who is not living apart from his spouse under a decree of a competent court or under a deed of separation;
• who has not lived apart from his spouse for an aggregate period of three months
  • out of the five years immediately preceding the application where the marriage took place prior to 1st January 2004; or
  • out of the seven years immediately preceding the application where the marriage took place on or after 1st January, 2004.
• who is legally and ordinarily resident* in the Islands immediately preceding his application; and
• who has not in any country been convicted of an offence for which a sentence of imprisonment not exceeding twelve months has been passed other than for non-payment of a fine unless-
  • the conviction has been quashed on appeal or has been the subject of a free pardon;
  • the act or omission giving rise to such conviction would not be an offence if done or omitted in the Islands in similar circumstances; or
  • the conviction is one which, in the interest of justice, the Board directs to be ignored for the purposes of this section,

may apply to the Caymanian Status & Permanent Residency Board for the grant of the right to be Caymanian.

^{* "legal and ordinary residence” is defined in the Immigration Law (2007 Revision) as meaning “…a person’s 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 (a) 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; (b) 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 (c) absences abroad for twelve consecutive months or more shall constitute a break in residence".}

How is any period of time that I have spent apart from my spouse or away from the Islands calculated by the Caymanian Status & Permanent Residency Board?

In calculating the period of time that the applicant and his spouse have spent apart, the Board will not, where the absences are occasioned by one or other of the spouses having been away from the Islands, take into account those occasions when the absences were temporary for medical, educational, business or similar reasons. A detailed written explanation of the circumstances regarding the absence may be required by the Board together with a request for copies of any relevant proof in respect thereof.

Making an application

The following must be submitted:

Cover Letter:

Please provide a letter addressed to the Secretary of the Caymanian Status and Permanent Residency Board, clearly stating the grounds upon which you are applying and any other information that you consider relevant to your application.

Duplicate Application Forms:

Please provide two fully completed application forms.

Fees:

When you submit your application you will be required to pay a non-refundable administrative filing fee of CI$250.00. If your application is approved, you will be required to pay a grant fee of CI$500.00.

Evidence of Marital Status:

Please provide a notarized copy of your marriage certificate and, if applicable, notarized copies of any previous marriage certificate(s), divorce decree(s) or death certificate(s).

Affidavit:

You must provide an affidavit that has been completed and signed by you and your Caymanian spouse in the presence of a Justice of the Peace or a Notary Public. To download the blank affidavit please click here

Evidence that your Spouse is Caymanian:

Please provide proof that your spouse is Caymanian. This can be done as follows:

• notarised copy of your spouse's Certificate of the Right to be Caymanian (previously Caymanian Status certificate); or
• notarised copy of the Chief Immigration Officer's letter to your spouse acknowledging that he/she possesses the right to be Caymanian (previously Caymanian Status); or
• if your spouse was born in the Cayman Islands before 27 March 1977, a notarised copy of their birth certificate; or
• if your spouse was born in the Cayman Islands on or after 27 March 1977, a notarized copy of their birth certificate, evidence of Caymanian parent at the time of your birth and notarized copy of marriage certificate if applicable.

Dependant Children:

Please provide notarised copies of birth certificates or adoption orders in respect of any dependant children under the age of eighteen (18) years old. (Note: This is for information purposes only. Dependant children cannot be added to applicant’s right to be Caymanian. Dependant children if eligible, must make application in their own right.)

References:

You must provide three written references from Caymanians who are not relatives and who have known you for a minimum of three years. Proof of Caymanian Status must accompany each reference. Please note that these references must be sent directly by the referees to the Secretary, Caymanian Status and Permanent Residency Board and not submitted with your application

Photographs:

We need one full face and one profile photograph (passport size). Please print name and date of birth on reverse side of each photograph.

Medical Questionnaire:

You must submit a medical questionnaire that has been completed by you (Part 1) and your physician (Part 2). To download a copy of the questionnaire please click here. You must also provide the lab report (original) showing the HIV/VDRL test results. Note: the HIV/VDRL tests must be taken within the six months preceding your application.

Property:

If you own property in the Islands, please provide a certified copy of the Land Transfer Certificate and the extract from the Land Register with respect to such property.

Proof of Legal and Ordinary Residence:

You must provide proof that you are legally and ordinarily resident in the Cayman Islands. This could be, for example, a copy of your current work permit, Residency & Employment Rights Certificate, Certificate of Permanent Residence or Student visa approval letter.

Proof of Identity for Applicant and Spouse:

So that we may confirm your identity, please provide a copy of the data page from your current passport(s) which shows your name and photograph.

How will my application be assessed?

In the course of processing an application for the right to be Caymanian, the Caymanian Status & Permanent Residency Board is required by law to satisfy itself that-

• such grant would be in the public interest;
• adequate consideration has been given to the number of dependants who would be entitled to reside in the Islands or become Caymanian by entitlement should the application be granted;
• that it would be in the interest of the Islands to grant such application if the number of dependants becoming Caymanian by entitlement would be more than three;
• the applicant has not committed an act of insolvency or bankruptcy, or been involved as a shareholder or director of any company or other entity which has been the subject of liquidation especially where creditors have been adversely affected;
• the applicant-
  • is of good character and conduct;
  • has to his credit three good character references received by the Board directly from three Caymanians; and
  • has a clean criminal record and has not been involved with illegal drugs;
• the applicant is of good health and does not suffer from any form of communicable or mental disease that would make him a danger to the community;
• the applicant has not been involved in organising or engaging in any subversive political activity, nor has he organised, caused or promoted racialism or any illegal activity within the Islands;
• the continued residence of the applicant and his family will contribute to the well being of the Islands;
• the economic situation of the Islands and the protection of persons already engaged in similar gainful occupations have been duly considered;
• adequate consideration has been given to the desirability of granting the right to be Caymanian to applicants with different backgrounds and from different geographical areas so that a suitable balance in the social and economic life of the Islands may be maintained; and
• adequate consideration has been given to the desirability of retaining the economic resources of the Island in the control of Caymanians.

If my application is refused, will I have the right of appeal?

Yes. An appeal against the decision of the Caymanian Status & Permanent Residency Board to refuse the application may be made to the Immigration Appeals Tribunal within twenty-eight days of the communication of the decision. The fee for making an appeal is CI$250.00. An appeal may be lodged on the ground that it is:

• erroneous in law;
• unreasonable;
• contrary to the principles of natural justice; or
• at variance with the Immigration Regulations

Can the right to be Caymanian be lost?

Yes. For detailed information on how the right to be Caymanian may be lost, please see our revocation page.

Last Updated: 2008-01-07