We have purchased property in Cayman and want to build and live in our home hopefully within 8-9 years. Without residency or citizenship, what is the maximum length of time we can live in our home? When can we return? Have the amounts gone up yet to apply for residency? What is citizenship? Would any employer hire someone at 64 years old and pay for their work permit?


Ask Auntie, CNS Local Life, Caymanian status

Auntie’s answer: You have packed quite a few questions in there and I will address them one by one in order. I would also like to note the help of Customs and Border Control.

A visitor who owns property, as opposed to “raw land”, can come here and live in that home for up to six months at a time. However, to do so, the owner must provide proof that they can financially support themselves and any accompanying dependents over that half year without the need to work.

As for when the owner would be allowed to return to Cayman after the six months here, the answer is not as straightforward. Every case like this is viewed separately on its own merits, looking at such things as whether the person is in Cayman strictly as a tourist/visitor and again taking into account their financial situation.

A CBC official explained, however, that the Customs and Border Control Law, 2018 does not contain any provision specifying how long a visitor must remain off-island before returning after a six-month stay, adding, “The period for which a visitor is landed is determined upon arrival by the landing officer and is based on facts/materials provided to the officer. Financial standing does not ensure landing.”

The relevant part of the law, Section 95(1), also says that a CBC officer may require that the visitor has a plane ticket to an onward destination.

One other option available is if you qualify for a Residency Certificate for Persons of Independent Means which, judging from your questions, I would guess doesn’t apply to you. But, just in case, Sections 41-46 of the Immigration (Transition) Law, 2018 cover that process.

Moving on to your next question, according to Schedule 1 of the Immigration Regulations (2018 Revision) it costs $1,000 to apply for a Residency and Employment Rights Certificate and thus permanent residency, based on being legally and ordinarily resident in the Cayman Islands for eight years. The issuing fee and yearly renewal of the certificate are based on the person’s annual income, which is detailed in the schedule.

You also asked about citizenship, which means being granted Caymanian status. You can find details on the process to attain that status in this earlier column. But to summarise: a year after being granted permanent residency, you can apply to be naturalised as a British Overseas Territory Citizen. Five years after that — or once you have resided in Cayman for 15 years, whichever comes first — you would be eligible to apply for Caymanian status.

Finally, I can’t say whether an employer would be willing to apply for a work permit for a 64-year-old; that decision depends on a whole range of factors. But I can tell you that there is no mandatory retirement age in the private sector, so on a purely legal basis you should be eligible to be hired.

The laws mentioned above can be found on the CNS Library

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