Cayman Islands - Immigration - Right to Be Caymanian - Surviving Spouse
Uploaded on Nov 7, 2015
Surviving Spouse - Eligibility
"The surviving spouse of a Caymanian who -
was married to the deceased for at least seven years;
immediately before the death of the deceased, was not living apart from the deceased
under the decree of a competent court;
under a deed of separation; or
in circumstances where in the opinion of the Board the marriage had irretrievably broken down; and
has been legally and ordinarily resident* in the Islands immediately preceding the death of the deceased; and
has not in any country been convicted of an offence for which a sentence of imprisonment, not exceeding twelve months, has been imposed other than for non-payment of a fine unless
such conviction has been quashed on appeal or has been the subject of a free pardon;
the act or omission giving rise to such conviction would not be an offence if done or omitted in the Islands in similar circumstances; or
the conviction is one which, in the interest of justice the Board directs to be ignored for the purposes of this section,
may apply to the Board for the grant of the right to be Caymanian."
* Legal and ordinary residence means a person’s uninterrupted voluntary physical presence in the Islands for a period of time without legal impediment (other than a tourist visitor or transit passenger) during which period the Islands are regarded as his normal place of abode for the time being, save that – (a) absences abroad of six consecutive months’ duration or less for, inter alia, purposes of education, health, vacation or business during such period shall count as residence in the Islands; (b) absences abroad of more than six consecutive months but less than one year shall raise the presumption that there has been a break in residence; and (c) absences abroad for twelve consecutive months or more shall constitute a break in residence..
Note: Where the marriage referred to in (a) above has not subsisted for a period of seven years or the grant of the right to be Caymanian has been refused by the Caymanian Status & Permanent Residency Board, the surviving spouse may apply to the Chief Immigration Officer for the right to permanently reside in the Islands. In considering such an application the Chief Immigration Officer is required by law to take into account the applicant's health and character.
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