Part I - Introductory
It is proposed that several definitions contained in Part 1 of the principal law are to be created or amended:
“Offence”: The definition contained previously was not sufficiently wide to permit the respective Boards to take action against either a work permit holder, Permanent Residence holder or Caymanian Status holder where the relevant Board is of the opinion that the nature and circumstances of what has happened is sufficiently serious to warrant a revocation. The scope of the definition is to be broadened to allow the revocation of a temporary work permit, a work permit, permanent residence or the right to be Caymanian (previously Caymanian Status) (except for Caymanian Status granted under sections 22 or 27 of the Immigration Law, 2003) at a lower threshold where it is considered in the best interest of the community to do so.
“Legal and ordinary residence”: The definition is to be amended to clarify which absences constitute a break in residence in the Islands. Under the new definition absences abroad of six consecutive months or less for the purposes of education, health, vacation or business shall count has residence in the Islands. 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. Absences abroad for twelve consecutive months or more shall constitute a break in residence.
“Automatic acquisition”: It is proposed that the right to be Caymanian by automatic acquisition be replaced in section 20(1)(d) of the law by the right to be Caymanian by entitlement. The definition for ‘automatic acquisition’ will therefore be deleted and a new definition created for ‘by entitlement’ (see below).
“By entitlement”: In relation to the right to be Caymanian under section 20(1)(d) this is to be defined as meaning entitlement by a person by virtue only of his being, in the determination of the Chief Immigration Officer:
- the child of a Caymanian;
- under the age of eighteen years; and
- legally and ordinarily resident in the Islands for a period of not less than one year.
This inserts a minimum period of residence before a person may qualify for the right to be Caymanian by entitlement. However, provision is also to be made for children who are believed to possess the right to be Caymanian by entitlement to enter, remain and attend school in the Islands pending the outcome of an application for acknowledgement of the right to be Caymanian.