Permanent Residence

Eligibility

Any person who has been legally and ordinarily resident in the Cayman Islands for a period of at least eight years, other than

1. the holder of a Residency Certificate for Persons of Independent Means; or
2. the holder of a Residency Certificate for Retirees; or
3. the holder of a Certificate of Direct Investment or a Direct Investment Holder’s (Dependant’s) Certificate; or
4. an employee named in a Certificate for Specialist Caregivers; or
5. the holder of a current Term Limit Exemption Permit; or
6. a person who was granted permanent residence previously in circumstances analogous to (i) and (ii) above

may apply to the Caymanian Status & Permanent Residency Board for permission for himself, his spouse and his dependants, if any, to reside permanently in the Cayman Islands. Such an application may be made whilst the person continues to be legally and ordinarily resident or within ninety days of ceasing to be legally and ordinarily resident.

How much does it cost to make an application?

At the time of making an application the applicant must pay a non-refundable filing fee of CI$300.00. If the application is approved, the applicant must pay a grant fee based on their income as follows:

$0.00 to $20,000 per annum	$500
Between $20,001 and $40,000 per annum	$1,250
Between $40,001 and $60,000 per annum	$2,500
Between $60,001 and $80,000 per annum	$3,750
Between $80,001 and $100,000 per annum	$5,000
Between $100,001 and $150,000 per annum	$9,000
$150,000 and over per annum	$12,500

 

For the holder of a Residency and Employment Rights Certificate engaging in a gainful occupation (other than the spouse of a Caymanian, the surviving spouse of a Caymanian who has not remarried a non-Caymanian, a contracted Government employee, a Cuban national who has been exempted from work permit requirements, an employee of the Cayman Islands Monetary Authority or a person working for a non-profit cultural, educational or charitable body) there is an annual fee payable by the holder or his employer equivalent to that payable by a person authorized by a work permit to engage in the same occupation.

Note: Where more than one occupation is authorized in the Certificate the fee payable is the equivalent to whichever occupation attracts the higher fee. Where a Certificate is varied to change occupation and the new occupation attracts a higher annual fee, the fee payable until the following anniversary date is the difference between what was payable for the former occupation and that of the new occupation. Thereafter, the fee payable is the fee for the new occupation.

Persons who have resided in the Islands for fifteen years or more

Where a worker has, on 1 January 2004, been legally and ordinarily resident in the Islands for fifteen years or more and he has applied for a grant of permanent residence, the Caymanian Status & Permanent Residency Board is required by law to approve his application unless there are exceptional circumstances for not doing so.

How an application for permanent residence is assessed

Applications are assessed by reference to a points system. Points are awarded in relation to a set of prescribed criteria. These include, for example, a close family connection to the Islands, the applicant's financial investment in the Islands, their skills and expertise, and their contribution to the community. Points may also be deducted in cases where the applicant has or has had a criminal conviction. To be approved, an application must score one hundred out of a possible two hundred and five points.

As a Permanent Resident, what are my entitlements?

When an application for permanent residence is approved, the Caymanian Status & Permanent Residency Board will issue the applicant a Residency and Employment Rights Certificate which entitles him or her

1. to accept employment from any employer of his choice; and
2. to have reside with him any dependants who were listed in his permanent residence application and who were approved by the Caymanian Status & Permanent Residency Board. The Certificate may also be varied subsequently to add or remove dependants.

but the holder is restricted to working within the particular occupation or occupations specified by the Board. (These will normally be those specified by the applicant on the application form). The certificate may, however, be varied subsequently by the Board if the holder changes occupation.

May the spouse of a permanent resident work?

The spouse of a permanent resident may apply to the Caymanian Status & Permanent Residency Board for a Residency & Employment Rights Certificate in their own right which, if approved, will entitle them to the same rights as those listed above. Alternatively, a spouse may apply for a work permit.

Death of, or divorce from, the holder of a Residency & Employment Rights Certificate

Upon the death of, or divorce from, the holder of a Residency & Employment Rights Certificate the right of the surviving or former spouse to reside in the Islands may be revoked at the discretion of the Caymanian Status & Permanent Residency Board but the surviving or former spouse may, within a period of three months of any revocation, apply for the grant of a Residency & Employment Rights Certificate in their own right. The same eligibility requirements set out above must be satisfied.

Where an application for a Residency & Employment Rights Certificate has been made within the three months from the date of the revocation, the applicant's right to reside in the Islands shall continue upon such terms and conditions until the Caymanian Status & Permanent Residency Board determines the application.

Dependant children of the holder of a Residency & Employment Rights Certificate

The right of a dependant child to reside in the Islands as a dependant ceases upon completion of their full-time tertiary education or when they reach the age of twenty-four, whichever happens earlier.

If my application for Permanent Residence 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:

1. erroneous in law;
2. unreasonable;
3. contrary to the principles of natural justice; or
4. at variance with the Immigration Regulations

Last Updated: 2012-09-30