HSM LAW
The Changing Face of Cayman: Immigration, Nationality, and the Permanent Residence Points System
Over the past decade, the demographic composition of the Cayman Islands’ expatriate workforce has undergone a notable transformation. These changes have important implications not only for labour market planning but also for the operation and perceived fairness of the Permanent Read more +
Chambers and Partners Features HSM Group in Global Legal Guide 2026
The HSM Group is pleased to be featured by Chambers & Partners in their 2026 Global Legal Guide. Our Intellectual property practice, HSM IP, has once again been ranked as a top tier law firm in their Global (Caribbean-Wide) Intellectual Read more +
Locked In: How Cayman’s New Section 64 Redefines Work Permit Mobility
Section 64 of the Immigration (Transition) Act (2022 Revision) (“the Act”) and its earlier iterations has long governed the circumstances in which a work permit holder may change employment in the Cayman Islands. Historically, the provision operated as a relatively Read more +
Cayman Immigration: There May be Trouble Ahead
As the government prepares for a commencement date of 1 March 2026 for the Immigration (Transition) (Amendment and Validation) Act 2025 (“the Amendment Act”), it is becoming increasingly obvious that there will be a large number of individuals adversely affected 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.