Obtaining Caymanian status through marriage

| 28/07/2016 | 3 Comments

When a non-Caymanian is conferred status by virtue of marriage to a Caymanian and subsequently divorces their Caymanian spouse, can they confer their status to another non-Caymanian through marriage?


Auntie’s answer: The advice on this question from an immigration official is first to check with the Caymanian Status and Permanent Residency Board to confirm that after the divorce they “continue to retain their status as a Caymanian”, and that depends on different factors, as outlined in the Immigration Law (2015 Revision).

Section 27 (1) of the law states that the right to be Caymanian may be lost:

(c) where the marriage of the holder, being the spouse of a Caymanian, is deemed by the board to have been a marriage of convenience; or

(d) where within three years of the grant to the spouse of a Caymanian of the right to be Caymanian under this or any earlier law, the marriage of the holder-

(i) in the opinion of the board or the chief immigration officer has broken down;

(ii) has declined to the point where the parties have separated as a result of a decree of a competent court or a deed of separation; or

(iii) no longer subsists.

Once it is confirmed that the Caymanian status is retained, the immigration representative said, “Then upon marriage to a non-Caymanian, the non-Caymanian spouse may apply for permanent residence as the spouse of a Caymanian, which is valid for seven years. After seven years of marriage they may then apply for Caymanian status on the grounds of being married to a Caymanian.”

Of course, everyone’s circumstances might be slightly different so rather than just look at the law, I encourage you to take the official’s advice and seek clarification from the Caymanian Status and Permanent Residency Board.

Tags:

Category: Ask Auntie, Immigration Questions

Comments (3)

Trackback URL | Comments RSS Feed

  1. Anonymous says:

    Whilst this could happen, the bigger issue is those long term resident ex-pats (say 7 years residence) who then marry a Caymanian and have to wait another 7 years for status whereas if they remained single (and lived in sin) they could get status much quicker !!

  2. Anonymous says:

    If it is valid for 7 years it is not Permanent Residence.

  3. Anonymous says:

    Quite a mouthful.

You can comment anonymously. Please read the CNS Comment Policy at the top of this page.

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Please support independent journalism in the Cayman Islands