Naturalisation and same-sex marriage

| 28/07/2016

Can you be naturalised through marriage to a Caymanian in a same-sex partnership?

Auntie’s answer: There is nothing in the law that covers same-sex marriage in the Cayman Islands so the answer would have to be no. Same-sex unions are not legally sanctioned or recognised for purposes such as pension or inheritance.

Since you posted the question, you might have noticed that two male lawyers living in Cayman who are legally married in the UK and Argentina, the countries where they are from, recently won an appeal to have one of the partners named a dependent on his spouse’s work permit (See IAT finds in gay couple’s favour).

I do want to stress, though, that the two cases are very different and the definition of marriage under the law and the Cayman Islands Constitution does not include same-sex unions, but perhaps the goalposts have moved a bit.


Category: Ask Auntie, Immigration Questions

Comments (3)

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  1. Anonymous says:

    Also, to clarify, the Cayman Islands Constitution does not include a definition of marriage. Article 12 protects the rights of opposite sex persons to enter into a marriage, but does not define the term “marriage”. The Marriage Law, on the other hand, does define “marriage” as being between a husband and wife, but the application of that definition is limited to the matters governed under the Marriage Law (e.g., the solemnization of marriages in the Cayman Islands).

  2. Anonymous says:

    Aunty this is incorrect. British law governs naturalization as a BOTC Cayman Islands citizen. Accordingly Cayman law would not matter.

  3. Anonymous says:

    Auntie, I do not know where your information came from but Cayman Law is likely irrelevant to the issue. Naturalistion is covered by the British Nationality Act, not Cayman Law. If the marriage is recognized in the UK, the usual rules would seem to apply. The only factor of relevance from a Cayman law perspective would likely be is the person settled here.