Can my husband lose his RERC?

| 21/05/2019

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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Comments (12)

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  1. Anonymous says:

    Thanks! This means he won’t lose it. Did I understand this correctly?

  2. Anonymous says:

    CNS, not quite correct. You cannot be legally and ordinarily resident in Cayman if Cayman is not home. You cannot move away, visit for a couple of weeks within every 6 months, not maintain a home here while you are away, and expect to be treated as legally and ordinarily resident. You would also certainly not be settled.

    • Anonymous says:

      There is no mention of not maintaining a home. A person can maintain a home in Cayman by leaving a full set of clothing and household goods in the home, have a gardener come by, cameras monitoring the home and cleaners coming by to regularly keep it clean.

      Are you saying that students living away for 4 years can not be said to be legally and ordinarily resident? What about workers overseas? If you say the latter worker is not legally and ordinarily resident then how did Tara Rivers convince some judge that her working overseas for many years was for educational purposes.

      • Anonymous says:

        Cayman needs to be your “usual place of abode”. That means Cayman has to stay your home. Going away for school does not mean that Cayman stops being your home. If stopped on the street and asked, where do you live ? – the answer has to be and remain “Cayman.”

        If you cannot answer that Cayman is home, you cannot be legally and ordinarily resident here.

        • Anonymous says:

          Anyone can say Cayman is their home according to your definition. Is it legally their home? Does it pass the litmus test? More importantly does it pass the Tara Rivers test? Lol

          Otherwise anybody can say that their home is Cayman but legally it isn’t. If I fly to Miami every weekend or even every other weekend, that doesn’t make Miami my home, nor does it make me American.

          Cayman is my home and always will be and I will always call it my home even if I move to another country.

          However, legally when are you no longer considered ordinarily resident factoring in all the loop holes. I can go to study to be a doctor for 10 years overseas or work in my field for at least 4 years similar to Tara Rivers and pass the test. However, how long does it take until you’re not a resident?

          • Anonymous says:

            You can not be resident the day you leave. It depends on a mix of fact and intention.

            • Anonymous says:

              So I can factually live in multiple jurisdictions or none at all and intend to travel like a wanderlust but still maintain my place of abode of Cayman. How is that decided?

              Wealthy travellers have multiple homes and travel frequently. Students similar and Tara Rivers well, how do you classify what she did?

              • Anonymous says:

                Yes, you can live in multiple places at once. You cannot however be legally and ordinarily resident in multiple places at once. The concept of domicile enters the mix and can prevent you from being treated as truly living nowhere.

                Various factors are balanced usually centering on the center of your social, family and economic life, in determining where you reside. There can be conflict with different countries interpretations, making it particularly messy when it comes to taxation.

                Where do you spend the most nights? Where is your workplace? Where are your spouse and children? Where is your greatest investment in real estate? etc. can all come into consideration.

                Tara Rivers claims to have been only away to learn and gain experience for a short/defined period. If she maintained a home here and travelled to Cayman every few months it is entirely possible she remained legally and ordinarily resident in the Cayman Islands.

                • Anonymous says:

                  Your definition fits any business traveller or wealthy traveller.

                  • Anonymous says:

                    Covers students too!

                  • Anonymous says:

                    Yes, and they can claim residence in Cayman, for so long as Cayman remains home.

                    • Anonymous says:

                      Cayman is always home for tax purposes. That’s what it is for many yachts and many wealthy. Even if they live elsewhere. For tax reasons, Cayman will always be home.