More changes coming to new immigration law in Cayman Islands

GEORGE TOWN, Cayman Islands, CMC – The Cayman Islands government is moving to further amend immigration legislation ahead of debate in Parliament next week, introducing provisions to grandfather in certain existing status applications and clarify eligibility rules.

Immigration Minister Michael Myles has continued consultations on the law, even after it was passed in December, and confirmed additional changes before full implementation.

Premier André Ebanks has already indicated that some fee adjustments are under review.

Meanwhile, Myles announced that Caymanians born before March 1977 will no longer require an acknowledgement letter from Workforce Opportunities and Residency Cayman (WORC) to confirm their status.

In a statement issued Wednesday, the government said the Cabinet has approved drafting instructions to further amend the Immigration (Transition) Act (2022 Revision) to clarify eligibility for Caymanian Status.

The proposed amendment bill will also establish a legal framework for expedited processing of immigration applications and validate previously charged express processing fees.

The changes are intended to protect individuals who reasonably believed they qualified under the existing 15-year residency rule and had submitted applications in line with the law at the time.

“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 residency requirements introduced under the new law will not apply to applicants who filed for permanent residence before the legislation came into force but whose applications remain pending before the Cayman Status and Permanent Residency Board.

Holders of Residency and Employment Rights Certificates (RERCs) granted under Section 39 of the current law, as well as individuals registered as British Overseas Territories Citizens with independent permanent residency, will also be assessed under the previous legal framework.

Adult dependent relatives listed on another person’s RERC and asylum grantees who have applied for or been granted indefinite leave to remain are likewise set to be grandfathered.

The amendments further propose automatically deeming 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.

A validation clause will also allow the Director of WORC to lawfully collect expedited processing fees that were previously charged without explicit statutory authority.

The revised bill is expected to be brought before Parliament next week.

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