Retaining right to work after a divorce

| 13/06/2017

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For one thing, it is not clear if your Residency and Employment Rights Certificate (RERC) has already been revoked or you are simply anticipating you will be getting divorced and will lose your RERC.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are divorced, “it’s unlikely that the applicant would be successful in such an application where the RERC has already been revoked”.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


Category: Ask Auntie, Immigration Questions

Comments (12)

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  1. Sharkey says:

    I think that Immigration is saying that it’s possible for him to get a work permit, but it would cost him big money in Lawyer fees and applications fees , just like how PR system works.

    I think that a Judge should be able to look at this situation a little more humane and make a better decision for the kids and mom and dad.

    My advice to him is to get the best Lawyer and let him take it to the Judge .

  2. Anonymous says:

    It sounds like the children are paws and are being used to accomplish your long standing objectives.

  3. Anonymous says:

    Take your kids and get out of here away from this place. Cayman is a virtual warzone on a daily basis with armed thugs robbing stores and sending gunfire through the air.

    • Anonymous says:

      10:13 why don’t you get away from here, if here is so bad, please go ASAP

  4. Anonymous says:

    What? Am I reading this right? A person is married to a Caymanian and has young children. The marriage breaks down and ends in divorce and the right to reside here is revoked forcing the parent to leave the country and their children? That seems inhumane for both the parent and the children. What if the parent is the care-giver for the children?

    • Anonabike says:

      It’s always been the way. If an expat-Caymanian marriage breaks up, the expat in most cases has to leave. That’s nice and neat and convenient after all isn’t it? Not at all unfair on anyone!

  5. Anonymous says:

    RERC’s do not require a divorce to be void and so no longer exist. All it takes is for the parties to be living apart, or for the Board to hold the opinion that the marriage has irretrievably broken down. (s.33(1))

    • Jotnar says:

      So the Caymanian doesn’t even need to bother with the divorce, eh? Just tell Immigration your marriage has broken down and they will happily deport your spouse. Classy.