If you are married to a Caymanian and there are minor children from the marriage, and the marriage breaks down through divorce or separation, and your residency/right to work is revoked, are you able to re-apply for residency/right to work on the basis of having young Caymanian children?
Auntie’s answer: I will be passing on information from the Department of Immigration but an official cautioned that the answer is given in general terms since the exact details of your case aren’t known.
For one thing, it is not clear if your Residency and Employment Rights Certificate (RERC) has already been revoked or you are simply anticipating you will be getting divorced and will lose your RERC.
For the purposes of this answer, let’s say you are still married and so hold a RERC. The official explained that Section 33(2) of the Immigration Law provides that “the holder of a Residency and Employment Rights Certificate who is or was the spouse of a Caymanian and who is the parent of a Caymanian child may apply to the Board for the continuation of the RERC”.
But if you are divorced, “it’s unlikely that the applicant would be successful in such an application where the RERC has already been revoked”.
The law mentioned in this column can be found on the CNS Library