s.30Persons legally and ordinarily resident in the Islands for at least eight years
30
Section 30Part 4 — Permanent Residence and Extended Residence Categories

Persons legally and ordinarily resident in the Islands for at least eight years

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Any person who has been, and is legally and ordinarily resident in the Islands for a period of at least eight years but not more than nine years, other than —
the holder of a Residency Certificate for Persons of Independent Means;
the holder of a Residency Certificate for Retirees;
the holder of a Certificate of Direct Investment or a Direct Investment Holder’s (Dependant’s) Certificate;
the holder of a Residency Holders (Dependant’s) Certificate;
the holder of a Certificate of Permanent Residence for Persons of Independent Means; or
a person who was granted permanent residence under any earlier law in circumstances analogous to paragraphs (a) or (b),
may apply in the prescribed form and manner to the Board or the Chief Immigration Officer for permission for himself, his spouse and his dependants, if any, to reside permanently in the Islands and such application shall be accompanied by the prescribed application fee, issue fee, dependant fee and the annual fee with respect to the first year.
Notwithstanding subsection (1), where at the commencement of the Immigration (Amendment) (No. 2) Law, 2013 [Law 23 of 2013], a person has already been legally and ordinarily resident in the Islands in excess of nine years, he shall be entitled to a period of ninety days from such commencement within which to apply under this section for the right to reside permanently in the Islands.
For the purpose of assessing the suitability of an applicant for permanent residence, a points system shall be prescribed by the Cabinet.
In considering an application for permanent residence under subsection (1), the Board or the Chief Immigration Officer upon applying the criteria set out in the points system shall grant permanent residence to all applicants attaining one hundred and ten points or more.
Where an application under subsection (1) has been refused and the applicant has not appealed against such refusal or has appealed against such refusal and lost his appeal, he is debarred from re-applying under the provisions of that subsection and shall leave the Islands upon the expiration of any period during which he was allowed to work under section 52(4) unless he is entitled to remain by virtue of any other provision of this Law; and such debarment shall continue —
in the case of a worker, until he re-qualifies under the criteria contained in this section having taken the break in stay required under section 52(1); or
in the case of a Government employee, for a period of nine years following the date of the refusal of his application or any subsequent appeal in respect of that application.
Upon the grant of permanent residence, the Board or the Chief Immigration Officer shall issue to the successful applicant a Residency and Employment Rights Certificate, which Certificate shall entitle the holder —
to accept employment from any employer of his choice; and
to have reside with him such of his dependants as were listed in his application and were approved by the Board or the Chief Immigration Officer,
but the Certificate shall restrict him to working within the particular occupation or occupations specified by the Board or the Chief Immigration Officer; and such Certificate may be varied by the Board or the Chief Immigration Officer, but there shall be no entitlement to be self-employed.
For the avoidance of doubt where the prescribed fees have not been submitted as required under subsection (1), the Board or the Chief Immigration Officer shall have no power to entertain the application.
Where the Board or the Chief Immigration Officer varies a Certificate under subsection (6) to change an occupation, the original occupation specified by the Board or the Chief Immigration Officer shall remain and shall be the occupation upon which the annual fee is based unless the new occupation is in a higher fee category.
When applying under this section for the right to reside permanently in the Islands the applicant shall provide full particulars of his spouse and all dependants whether or not it is intended that they would accompany him if his application is successful; and the failure to provide such particulars in his application is an offence.
Where an application for the right to reside permanently in the Islands, or an appeal before the Immigration Appeals Tribunal is pending, and there is a change with respect to the dependants named in the application, the applicant or the appellant, as the case may be, shall so inform the Board or the Chief Immigration Officer in writing and may request that such dependants be included in the application or appeal when it is being determined.
An applicant referred to in subsection (10) shall also inform the Board or the Chief Immigration Officer in respect of his application if there is any change in his circumstances since making the application, in relation to —
any convictions he may have received;
whether he has become unemployed;
whether he has been charged with an offence;
whether he no longer holds any of the assets listed in the application; and
any change in his marital status or in respect of his dependants,
and failure to do so is an offence.
Where there is a change in the number of children who are dependants of the holder of a Residency and Employment Rights Certificate born subsequent to the issue thereof, the holder shall so inform the Board or the Chief Immigration Officer of the fact and the Board or the Chief Immigration Officer may amend the Certificate to include any additional children subject to such conditions as the Board or the Chief Immigration Officer may, in its or his absolute discretion, determine.
The holder of a Certificate issued under subsection (6) or section 34 or 34A shall provide annually a declaration containing prescribed particulars in respect of himself and his dependants and his failure to provide such declaration is both an offence and a ground for revocation of the Certificate.
Upon the grant to reside permanently in the Islands under this section, it shall be a condition of such grant that where the holder sells property that was listed in his application for permanent residence for the purpose of purchasing alternative property, such purchase shall be completed within one hundred and eighty days of the sale unless there are exceptional circumstances and he shall inform the Board or the Chief Immigration Officer of the details of the new property including the purchase price and the date on which the transaction was completed and such notification shall be made within thirty days of such transaction.
Where a person possesses permanent residence granted under any law that has been repealed, the Caymanian Status and Permanent Residency Board or the Chief Immigration Officer shall have the power to vary or amend the terms of the grant to add or remove dependants; but a dependant so removed shall have the right to apply to the Board or the Chief Immigration Officer for the grant of a Residency and Employment Rights Certificate in his own right.
The spouse of a permanent resident may apply to the Board or the Chief Immigration Officer for a Residency and Employment Rights Certificate, which if granted, will be subject to the same conditions and entitlements as specified in subsection (6).
It shall be the duty of the holder of a Residency and Employment Rights Certificate granted under this section and his employer to report to the Board or the Chief Immigration Officer any change in the holder’s employment circumstances such as —
the holder being employed; or
the holder being terminated, promoted, demoted or re-designated,
and the failure to do so is an offence and shall render both the holder and his employer, both previous and current, liable.
Upon the death of the holder of a Residency and Employment Rights Certificate issued under subsection (6) or upon the dissolution of his marriage the right of his surviving spouse or former spouse to reside in the Islands may be revoked at the discretion of the Board or the Chief Immigration Officer, but the said surviving or former spouse may, within a period of three months of the revocation apply for the grant of a Residency and Employment Rights Certificate upon satisfying the requirements of this section.
Upon the death of the holder of a Residency and Employment Rights Certificate issued under subsection (6), or upon the dissolution or breakdown of his marriage, it shall be the duty of —
the spouse of the deceased Certificate holder; and
the holder of the Certificate and his spouse in the case of the dissolution or breakdown of their marriage,
to notify the Board or the Chief Immigration Officer within six months of the death, dissolution or breakdown, and the failure to make such notification in the case of paragraph (b) is an offence for which the holder and his spouse shall be liable.
Where an application for a Residency and Employment Rights Certificate has been made under subsection (18) within the said period of three months from the date of any revocation, the applicant’s right to reside in the Islands shall continue upon the same terms and conditions until the Board or the Chief Immigration Officer determines the application or the Immigration Appeals Tribunal determines any subsequent appeal.
The right of a dependent child of the holder of a Residency and Employment Rights Certificate issued under subsection (6) or (18) to reside in the Islands as a dependant shall cease upon reaching the age of eighteen years unless his parent’s Residency and Employment Rights Certificate has been varied to reflect the fact that the dependent child is engaged in full-time tertiary education, or the Chief Immigration Officer is satisfied that there are special circumstances.
A person who enjoys the status of permanent resident granted prior to 1st January, 2004, may apply to the Board or the Chief Immigration Officer for a variation of that status to enable him to acquire the rights outlined in subsection (6), and in the absence of exceptional circumstances the Board or the Chief Immigration Officer shall approve the application.
Where the Chief Immigration Officer or his designate entertains an application under this section or section 31, it shall be their responsibility to record and keep, or cause to be recorded and kept, minutes of the deliberations including decisions taken.

Cross References

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