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.
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;
- 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: 2010-08-10