Cayman Government to amend immigration law

The Cayman Islands Government is preparing additional amendments to its immigration law ahead of debate in Parliament next week, aiming to grandfather in existing status applications and clarify eligibility rules.

Immigration Minister Michael Myles has introduced a series of changes as consultations continue, even though the updated legislation was passed in December.

Premier André Ebanks previously confirmed that certain fee adjustments are under review. Myles also announced that Caymanians born before 1977 will no longer need an acknowledgement letter from Workforce Opportunities and Residency Cayman (WORC) to confirm their status.

According to a government release issued Wednesday, Cabinet has approved drafting instructions to further amend the Immigration (Transition) Act (2022 Revision) to clarify eligibility for Caymanian Status. The amendment bill will also establish a legal framework for expedited processing of immigration applications and validate previously collected expedited fees.

Officials said the changes are intended to protect individuals who reasonably believed they would qualify under the existing 15-year residency rule.

“We want to honour the original intent of the legislation, which would allow persons who were on track and submitted their application at their appropriate timeline [to] be processed under the law during the time of their submission,” Myles said.

Under the proposed amendments, additional time requirements introduced by the new law will not apply to individuals who applied for permanent residence before the law came into force but whose applications have not yet been reviewed or decided by the Cayman Status and Permanent Residency Board.

The revisions would also ensure that holders of Residency and Employment Rights Certificates (RERCs) granted under Section 39 of the current law, as well as British Overseas Territories Citizens with independent permanent residency, are assessed under the previous legislation.

Adult dependent relatives listed on another person’s RERC and asylum grantees who have applied for or received indefinite leave to remain would also be grandfathered in.

Another significant amendment would automatically deem individuals born in the Cayman Islands on or before March 1977 as Caymanian, removing the requirement to apply to the Director of WORC for confirmation.

The bill also includes a validation clause permitting the Director of WORC to collect express processing fees without prior statutory authority under the existing Act.

Government officials say the amendments are designed to reinforce fairness, transparency and the protection of legitimate expectations within the territory’s immigration system.