s.31Residency and Employment Rights Certificate for spouse of a Caymanian
31
Section 31Part 4 — Permanent Residence and Extended Residence Categories

Residency and Employment Rights Certificate for spouse of a Caymanian

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The spouse of a Caymanian may apply to the Chief Immigration Officer or the Caymanian Status and Permanent Residency Board for permission to reside in the Islands and if such application is successful the Chief Immigration Officer or the Board, as the case may be, shall grant to the applicant a Residency and Employment Rights Certificate for a period of seven years and such Certificate when granted may, upon application, be renewed at the discretion of the Chief Immigration Officer or the Board.
The application shall be accompanied by evidence as to the stability of the marriage and a statement as to the number of dependants, if any, of the spouse.
The Chief Immigration Officer or the Board shall take into account the following, namely that —
the spouse of the applicant is Caymanian;
the marriage is not a marriage of convenience;
the applicant is of good character;
the applicant is in good health as evidenced by a recent medical certificate;
the marriage is stable; and
the applicant and his spouse have sufficient financial means to support himself and his dependants listed on the application as accompanying him.
A person to whom a Residency and Employment Rights Certificate is granted under this section shall, as long as the marriage remains stable, be entitled —
to remain and work in the Islands in any occupation without the need to possess a work permit; and
to have such of his dependants as were listed on the application and were approved by the Board or the Chief Immigration Officer reside in the Islands until they have attained the age of eighteen unless the Certificate has been varied to reflect the fact that the dependant is engaged in full-time tertiary education or the Board or the Chief Immigration Officer is satisfied that there are special circumstances.
Subsection (4)(b), insofar as it relates to the listing of dependants and their approval by the Board or the Chief Immigration Officer, shall not apply to a person who became the holder of a Residency and Employment Rights Certificate prior to the 21st December, 2006 and such person shall continue to enjoy the same rights to which he was entitled immediately prior to the 21st December, 2006.
The spouse of a Caymanian shall have no right to reside or be gainfully employed in the Islands unless he is the holder of a Residency and Employment Rights Certificate granted under this section and he shall not be entitled to apply for, or to be granted, a work permit or the renewal of a work permit, but where a work permit is in effect on the date of the marriage he may continue to work under the terms and conditions of the work permit until its expiration.
Notwithstanding subsection (6), whenever the Board or the Chief Immigration Officer is satisfied that there are exceptional circumstances it or he may grant or renew a work permit for the spouse of a Caymanian for a period not exceeding three years in total after which no further permits may be granted or renewed in respect of that person unless the marriage is dissolved.
Notwithstanding subsection (6) —
where the holder of a Residency and Employment Rights Certificate granted by the Board or the Chief Immigration Officer applies prior to its expiration to have it renewed, he may continue working after it has expired until such time as his application is determined by the Board or the Chief Immigration Officer, or where he has appealed the Board’s or the Chief Immigration Officer’s decision, by the Immigration Appeals Tribunal; and
where the spouse referred to in paragraph (a) is the holder of a work permit and he applies for a Residency and Employment Rights Certificate prior to the expiration of his work permit, he may continue to work during the period between the expiration of the work permit and the final determination of his application for the said Certificate by the Board or the Chief Immigration Officer, or where he has appealed the Board’s or the Chief Immigration Officer’s decision, by the Immigration Appeals Tribunal.
Where a person who is the spouse of a Caymanian and who has at any time been —
the holder of a work permit;
employed by the Government of the Islands; or
employed in the Islands by the Government of the United Kingdom,
applies for a Residency and Employment Rights Certificate under this section, then in the absence of exceptional circumstances the Board or the Chief Immigration Officer shall approve his application.

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