HSM LAW
Cayman Immigration: Section 64 Update
In a press release dated 15 April 2026, the Ministry of Caymanian Employment and Immigration announced: ”The Immigration (Transition) (Amendment and Validation) Act, 2025 introduces updated rules for work permit holders changing jobs, effective 1 May 2026. Work permit holders Read more +
HSM Tribute to Oscar DaCosta
It is with deep sadness that we mark the passing of our much‑loved colleague and friend, Oscar DaCosta, who died this weekend past following a courageous battle with brain cancer. Oscar obtained an LLB (Hons) Degree from the University of Read more +
The ‘X Trusts’ Case – The Privy Council Confirms Protectors May Have a Substantive Fiduciary Role
On 19 March 2026, the Judicial Committee of the Privy Council delivered its judgment in A and Ors (Appellants) v C and others (Respondents) [2026] UKPC 11, overturning the Bermuda Court of Appeal and holding that the protectors of the Read more +
Cayman Immigration Law Changes Will Take Effect on 1 May 2026
On Friday, 27 March 2026, the Government announced that the “Immigration Law changes will take effect on Friday, 1 May 2026”. It appears that the Act which was passed in December 2025 and amended, prior to coming into force on Read more +
Aspects of Law Relating to Border Control Found to be Incompatible with Bill of Rights
On 8 October 2020, the Court of Appeal of the Cayman Islands, affirmed the earlier Judgment of Williams J in finding that Section 82 of the Immigration Law (2015 Revision) and Section 109 of the Customs and Border Control Law, 2018 are incompatible with the Cayman Islands Bill of Rights.
The Judgment in the case of Ellington v Chief Immigration Officer, in which Mr Alastair David of HSM Chambers represented Mr Ellington both before the Grand Court and Court of Appeal of the Cayman Islands made it clear that the previous Law in respects to Prohibited Immigrants and its current incarnation are incompatible with the Bill of Rights and in particular the right to the family and private life.
It is hoped that this decision will lead to a much needed change in the Law which will lead to clarity in how the relevant authorities deal with Prohibited Immigrants. The Court of Appeal noted with some concern that there are no directives or rules governing Prohibited Immigrants and it is hoped that this will also be addressed shortly. Furthermore, it is also hoped that at the same time thoughts can be given to amending other sections of the Immigration Law which may be incompatible with the Bill of Rights.
Click here to read more details on The Effect of Ellington v Chief Immigration Officer of the Cayman Islands.