My husband is non-Caymanian and I am Caymanian. He has RERC. We are now leaving the island for a few years but plan to visit on occasion. Can he lose his RERC? When we return, we plan to stay for a few months at a time rather than a week or two. Will this move affect the rights to be Caymanian for any children that we may have?


Ask Auntie, CNS Local Life, Caymanian status

Auntie’s answer: On your first question, whether your husband attained his Residency and Employment Rights Certificate as the spouse of a Caymanian or by being married to an RERC holder, the same stipulation applies – and is found in the Immigration (Transition) Law 2018 under Section 40(1) – to keep his RERC he must be considered a legal and ordinary resident of the Cayman Islands. Under this definition, which I have noted in other columns, he is allowed to be abroad for six months or less for “purposes of education, health, vacation or business”. It is not clear from your question exactly how many months you plan to be away, so this rule is worth noting.

For any children you may have, the relevant section is 27, which defines “Caymanian as of right” for a child. Since you didn’t say whether you expect to have your baby in Cayman or overseas, I suggest you read through options (a) and (b) to determine which would apply to you. In the case of (a), though, which specifies one parent has to be “settled in the Islands” and Caymanian, you will have to provide an affidavit confirming that information.

By the way, among the definitions of “settled” is that familiar “legal and ordinarily resident” condition.

The law mentioned above can be found on the CNS Library

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