Common-law relationship and PR points
My boyfriend of six-plus years is approaching his term limit. I am Caymanian and we have lived together for the majority of our relationship and we were wondering how his relationship with me might count in regards to the points system for PR as there seem to be no allowances for a close Caymanian connection that is not a parent, sibling or child. I know elsewhere in the world we would be considered married due to common law and am curious as to how Cayman sees it. It would seem ridiculous for me to have to leave my home and find a new job in a another country if he doesn’t get enough points to qualify for the opportunity to stay.
Auntie’s answer: I asked your question of an immigration official and the news is not good for you. There is no leeway in the rules for the points system when it comes to a relationship like yours.
This is what the official said: “For the purposes of permanent residence under the points system the only relationships that are taken into consideration are those having a close Caymanian connection, which is defined under the law as an applicant who is either the parent, son, daughter, brother, sister or grandparent of a Caymanian.”
I guess unless the law is expanded to include a common-law relationship with a Caymanian, your boyfriend will not be able to get any points towards permanent residence from living with you.
Category: Ask Auntie, Immigration Questions
He can always appeal to the Immigration Appeals Tribunal saying he has a right to family life (if you guys have a child). So, maybe there is an opening……
If they had a child he’d get an extra 40 points and we probably wouldn’t be having this conversation. Not everyone can have kids or necessarily wants to have kids.
Can someone explain right to family life? Has this been used before for work permit appeals or PR/Status Appeals?
The whole idea of a points system is to measure how committed you are. If you can’t commit to marriage then you don’t get the points. You have a choice and so do the immigration rules.
It seems that she doesn’t want for whatever reasons to make it legal, and I don’t blame her, especially if she is loaded. May be here it is not so complicated, but in the US the other part almost always get the piece of a pie he or she did not contribute to. Even in the common-law relationship cases.
So the only measure of commitment is marriage? Really? You’re a fool. Telling someone they must marry their partner or leave their home country in order to stay with them is not a choice anyone should need to make.
This isn’t Burger King, you can’t have it your way just because thats what you want. No one has said commitment is the only way it is the way immigration has chosen to award points, and it not uncommon in many countries. And seriously ‘I’m a fool’? Is that really your best argument?
There is no thing as a “common law” relationship. The entire concept is a myth.
Oh well. Make it official!
Marry him, get enough points, or leave. The choice is there.
Not everyone wants to be married believe it or not and if he doesn’t get enough points then she is effectively being forced out of her home country. Great system, not that they’re even sitting residency tests or making decisions on applications at the moment anyway.
This is not her home country! This sense of entitlement among some expatriates is unbelievable. There is a fair (although currently suspended) means by which persons who want to make Cayman their home country can do so, but right now she holds a one year work permit and nothing else.
Did you even read the question? She IS Caymanian therefore this is her home country!
So, the real beef is that you abhor that Cayman respects the institution of marriage? Well suck it up, because you will find that many places still do and I for one support it.
Get married and NO POINTS are needed! Otherwise, the door is always open at ORIA! The “choice” is yours. Show a commitment . . .. or not.
You shoulda put a ring on it.