Can same-sex spouse be granted dependency under work permit?

| 09/04/2019

What happens if the Work Permit Board decides not to grant dependency to a same-sex spouse because they say they have “no power”? What is the recourse one would have to take in that case?

Ask Auntie, CNS Local Life, Caymanian status

Auntie’s answer: This question came up in the comments to a column last week on the rights of same-sex couple married overseas.

I think with all the attention being paid to the recent decision by the chief justice to legalise same-sex marriage in Cayman, it may have been lost that this issue you are asking about came up three years ago.

In that situation, Dr Leo Raznovich (who supported Chantelle Day and Vickie Bodden in their case) was appealing the denial of the Work Permit Board to allow him to become a dependent on his same-sex spouse’s permit; the couple, both expats, were legally married overseas. The Immigration Appeals Tribunal ruled in the couple’s favour, enabling Raznovich to become a dependent.

Since your question involved the Work Permit Board (now coming under Workforce Opportunities and Residency Cayman) granting dependency to a same-sex spouse, I am assuming both you and your partner are non-Caymanian. I would say your recourse is to appeal the decision to the tribunal. If you are uncertain, I recommend you seek legal advice.

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  1. Anonymous says:

    They would grant it or deny it, most likely grant. If they denied it I would not bother appealing. What would be the point other than time and expense. The IAT have already decided there is no issue. If it was denied or no powered, just go straight to court and seek damages. You would have lots of support.