Fiancé reaching end of term limit
My fiancé is approaching his term limit. I still have five years left. If we get married now rather than later, am I able to add him to my work permit as a dependent and give him five more years to live/work here before we have to decide on whether to apply for PR?
Au
ntie’s answer: There are two different issues at play here. A Department of Immigration official explained what options are available to your fiancé.
Adding him as your dependent after you marry will allow him to continue to reside in Cayman, but would not legally enable him to work. For information on the requirements to apply for dependency, you can go to this page on the Immigration website.
If he wants to work here he needs to have a valid work permit. As someone married to a work-permit holder, he is allowed to apply for a permit under Section 52(10) of the Immigration Law. In addition to the application, you will have to submit a certified copy of the marriage certificate and an affidavit which is available at this link.
Importantly for your concerns, the Immigration official explained that you (the wife) must have a valid work permit at the time the husband’s permit is being reviewed and under the law, the Caymanian Status and Permanent Residency Board or the Chief Immigration Officer “may grant the application for a period not exceeding that of the spouse’s work permit”.
The official also pointed out that if he submits the application under Section 52(10) before his current work permit expires, he will be allowed to continue working while it’s being processed once the employer and job title remain the same.
In short, in your situation, the best way forward would seem to be for your fiancé to apply for a work permit as your spouse. If approved, that would enable him to live and work here through the five years remaining on your term limit, as long as you continue to have a valid work permit.
The law mentioned in this column can be found on the CNS Library
Category: Ask Auntie, Immigration Questions
On yer bike! Toodles
Honestly, my advice is don’t get married. You will be miserable and never have sex again.
I find myself in the same situation, where my fiance says we have to get married or she will have to leave. I will miss her.
So many loop holes to the permit process but non for the Caymanian obtaining a job.
Auntie, following up this question; What about the spouse of a permanent resident?
I am thinking it would be the same thing, they could stay either as a dependent or on a work permit 52(10) but with no term limit, is that correct?
No – s.30(16) or applying for PR themselves before getting to 9 years would be better.
Ummm, I don’t think you get to stay beyond your term limit just because your spouse has time left. Would kind of make the term limit a moot point.
You do, but of course you are correct as to the effect.
Leave NOW so Caymanians can get the job . ADIOS ?
Most Caymanians have jobs. Your inability to find work is not anyone’s problem but your own.
Just remember you have to stay married…much more difficult…
Our Immigration system has long accelerated matrimonial timelines, and not necessarily for the better. It’s sadly patriarchal in design through the dated assumption that the male partner is the primary household leader, and breadwinner. If it were me, I’d join fiancé on a long holiday, and later, have him come back on a BC10 Visitor Extension, or buy a shared home where he can stay up to 6 months. The roll-over year can fly by if you know how, and the relationship can last if you’re both into it. Some choices anyway.
…and as long no Caymanian, spouse of a Caymanian, or Permanent Resident is capable of doing his job and applies. Much better would for him to apply for PR and work under a PCW. That way no advertising would be required. If PR is denied then he could always fall back on a s52(10) Permit as suggested.
Yet the fiance of a Caymanian cannot stay past their term limit, sounds fair.
Nor can their gay spouse.
Marry the fella.
The timeline of my relationship/marriage shouldn’t be dictated by the Government.
That’s because fiance has no basis in the law. Its essentially meaningless and undocumented…