Government Protects Residents Who Applied for Permanent Residency and Caymanian Status Under Previous Rules

Cabinet has approved drafting instructions for amendments to the Immigration (Transition) Act (2022 Revision) to provide clarity and certainty regarding eligibility for Caymanian Status. The amendment bill also seeks to establish a legal framework for the expedited processing of immigration applications and to validate previously charged expedited immigration fees.

The proposed changes are designed to make sure that people who reasonably believed they would qualify under the current 15-year residency rule in the Act are treated fairly and have their expectations properly considered. This step reflects Government’s commitment to fairness, transparency, and the protection of legitimate expectations within the immigration framework.

As a result, the additional time requirements introduced under the Immigration (Transition)(Amendment and Validation) Act, 2025  will not apply to these categories of persons:

1.       Persons who have applied for their permanent residence (PR), prior to commencement of the Immigration (Transition)(Amendment and Validation) Act, 2025 , but have not had their applications reviewed by the Cayman Status and Permanent Residency (CSPR) Board and received a decision,

2.       Residency and Employment Rights Certificate (RERC) holders granted under section 39 of the current Immigration (Transition) Act (2022 Revision); and

3.       Persons registered as British Overseas Territories (BOT) citizens under sections 15(1) or 15(4) of the British Nationality Act, and have independent PR under section 36(4) of the current Immigration (Transition) Act (2022 Revision).

4.       Adult dependent relatives listed on another person’s RERC (e.g., parents; spouses of PR holders who are listed as dependents but do not hold an RERC of their own); and

5.       Asylum grantees who have applied for or received indefinite leave to remain under under section 111(3) of the Customs and Border Control Act (2024 Revision).

Minister for Caymanian Employment & Immigration, Hon. Michael Myles, said “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, would be processed under the law during the time of their submission.”

The amendments will also seek to automatically deem those persons born in the Cayman Islands on or before 26^th March 1977 as Caymanian, without the need to apply to the Director or WORC.

Lastly, the amendments include a validation provision validating the collection of express fees by the Director of WORC without previous statutory authority under the Immigration (Transition) Act (2022 Revision).

To review the amendment to the immigration legislation visit https://gov.ky/web/mcei/immigrationreform or gov.ky/mcei.