HSM

HSM LAW

03/07/2026 | hsmoffice

Trump v Barbara: Why Birthright Citizenship Still Matters in Cayman

A U.S. case with a Cayman history behind it At first glance, Trump v Barbara looks like a purely American case. It concerns President Trump’s attempt to restrict birthright citizenship under the United States Fourteenth Amendment. Cayman does not have Read more +

09/06/2026 | hsmoffice

Cayman Islands Immigration Update – June 2026: An Act of Unintended Consequences, New Work Permit Conditions and Statistics

When the Cayman Islands Government proposed changes to the Immigration Law, released last year, there was one change that stood out and that was the proposed changes to Section 64 of the Immigration (Transition) Act (2022 Revision). This was the Read more +

25/05/2026 | hsmoffice

Cayman Kind and Compassion: A Question for the Caymanian Status and Permanent Residency Board

Over the past 24 months, HSM Chambers have dealt with two cases involving individuals who obtained the Right to be Caymanian through marriage. In both cases, the Caymanian spouse subsequently passed away before three years had elapsed from the grant Read more +

15/04/2026 | hsmoffice

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 +

Permanent Residence as a Person of Independent Means in the Cayman Islands

There have been recent reports in the UK Press about certain Caribbean countries “selling” citizenship. The BBC report that Antigua and Barbuda, Dominica, Grenada, St Kitts and Nevis, and St Lucia all provide Citizenship by Investment (“CBI”) for as little as $200,000.

While such programmes are not new, they occasionally attract controversy. For instance, in 2003, Nauru, a small Pacific Island, sold Citizenship to an individual who was later arrested as a member of Al-Qaeda.

More recently in April 2025, the EU Court of Justice ruled that the Maltese scheme which one could purchase Maltese Citizenship (and thus become a citizen of the EU) for 600,000 Euros was unlawful.

The Cayman Islands’ approach differs significantly and is unlikely to fall foul of similar legal or ethical scrutiny. Notably, obtaining Permanent Residence in the Cayman Islands as a Person of Independent Means (“PIMS”) does not automatically confer British Overseas Territories Citizenship (“BOTC”).

For $2million invested in developed real estate in the Cayman Islands, one can become a Permanent Resident of the Cayman Islands as a Person of Independent Means (“PIMS”). That means the individual has only crossed the first step into becoming a BOTC.  To become a BOTC, the individual would still have to live in the Cayman Islands for at least 5 years and the Cayman Islands will have to be their home throughout that period. We are noticing several applications for BOTC are being rejected when the individual has spent more than 90 days outside of the Cayman Islands in the year proceeding the application, or more than 450 days outside the islands in the previous 5 years.

It therefore would be highly unlikely for a PIMS to become Naturalised as a BOTC if they had spent minimal time in the Cayman Islands.

For these reasons, it is believed that the current residency programme in the Cayman Islands is far more secure and superior to those of other countries. Investors to the Cayman Islands should be aware that a PIMS permission is only the first step to becoming a BOTC and potentially to becoming a Caymanian. It is not an automatic endpoint. This long-term and merit-based structure makes the Cayman Islands progamme a more attractive and credible investment opportunity compared to the other international offerings.