HSM LAW
Enforcement of Foreign Arbitral Awards in the Cayman Islands
As a signatory to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention“), the Cayman Islands has adopted a robust framework for enforcing foreign arbitral awards, encapsulated in the Foreign Arbitral Awards Read more +
Privy Council Clarifies Status of Land Use and Property Rights in the Cayman Islands
In the matter of Cayman Shores Development Ltd v The Proprietors of Strata Plan No. 79 [2025] UKPC 27, the Privy Council issued their judgment confirming that property rights attached to resort facilities remain valid and binding, even where documentation Read more +
Five Non-Financial Reasons to do a Will
While the primary purpose of any Will is to ensure your valuable property passes in accordance with your wishes, it is often forgotten that a Will can accomplish several non-financial objectives. HSM Partner Robert Mack shares these details as they Read more +
Overview on Registering and Paying Stamp Duty on Leases in the Cayman Islands
In the Cayman Islands, the registration and payment of stamp duty on leases is essential to ensure compliance with local statutory requirements. HSM Property Partner Linda DaCosta provides an overview of the legal obligations related to leases exceeding two years Read more +
Cayman Islands Immigration Update - March 2024
There has been a significant increase compared with prior periods in the determination of status applications based on marriage or naturalisation. In February 2024, 57 such applications were determined.
The previous statistics which we obtained showed a noticeable downturn in the conclusion of certain applications in particular the applications for the Right to be Caymanian on the basis of marriage or naturalisation.
In 2022, the Board concluded 432 applications on the basis of marriage or naturalisation, that figure was fairly consistent with the 2021 figures which showed the Board concluded 413 applications. However in 2023 only 160 applications were concluded a decrease of over half. If on average the Board were to continue to process 50 applications per month then we could see 550 applications processed this year.
In February 2024, 35 new applications for status (based on marriage or naturalisation) were submitted which means that it will take a considerable amount of time before the current wait time is shortened for new applicants.
Latest Statistics
As a result of a recent Freedom of Information request we can confirm:
- As of 11 March 2024, there were 36,972 work permits in effect. This is an increase of 1,438 since 1 February 2024 and a total increase of 1,529 since January 2024.
- Jamaican’s still hold the largest amount of permits (15,439) followed by Filipinos (6,219) and then British (2,051) and Indians (2,032).
- In regards to the PR Points system, the position remains that all applicants for PR are obtaining 10 points for their nationality, apart from Jamaicans and Filipinos, who score zero and British and Indians who score 5 points.
- There are currently 6,086 individuals who have Permanent Residence in the Cayman Islands. Of that number the largest groups of nationalities are: Jamaicans, British Overseas Territory Citizens (“BOTC”), British, Canadians and Americans.
Expected Timelines
In our experience, as of today’s date, applications on average can be expected to be determined as follows:
- Permanent Residence, via the points system | 12-14 months
(a few determinations have been received in less than 12 months) - Permanent Residence, as the Spouse of a PR Holder | 8 months
- Permanent Residence, as the Spouse of a Caymanian | 6 months
- Naturalisation | 12 months
- Right to be Caymanian on the basis of Naturalisation | 23 months
- Right to be Caymanian on the basis of Marriage | 19 months
Success Stories at the Immigration Appeals Tribunal
What was of particular concern to us, was the fact that in 2023, the Board rejected 24 applications for the Right to be Caymanian on the Basis of Naturalisation. HSM Chambers were instructed on 8 appeals arising from those 24 rejections and 6 of these rejections can be broadly grouped into two different groups, with the other two rejections being fact specific. The first group consisted of 4 children of Permanent Residents who have been Registered / Naturalised as a BOTCs. The second group consisted of 2 adults who stated in their application forms that they might one day wish to open a business in the Cayman Islands.
The 4 children of Permanent Residents, some of whom were Permanent Residents themselves, were informed that despite spending all of their formative years in the Cayman Islands that it was not in the public interest to grant them the Right to be Caymanian. These 4 decisions were made despite the fact that in 2022, the Immigration Appeals Tribunal had already overturned a decision of the Board and granted a child the Right to be Caymanian in similar circumstances.
On 5 February 2024, we received 6 decisions from the Immigration Appeals Tribunal and all 6 decisions were favorably to HSM’s clients. In relation to the children of Permanent Residents (4 of the 6 appeals), the Immigration Appeals Tribunal noted that:
1. The Board had not provided an explanation as to what they had considered before they determined that the Grant would not be in the public interest.
2. That the Board continued to apply a subjective assessment of the applications in the absence of policies.
In February 2024 the Board granted 2 applications by children of permanent residents, which suggests they are now following the guidance laid down in these recent Immigration Appeals Tribunal decisions.
The continued failing to produce policies and guidance to the Board, will only lead to more and more challengeable decisions being made and those decisions being overturned on Appeal. It is sincerely hoped that these 4 individuals will be the last children of permanent residents who have their Right to be Caymanian applications rejected on the basis that it is not in the “public interest” when that public interest is not set out and that there are no facts in the specific cases which supported such a finding.
In respect of the second group of 2 adults, they had both said in their applications that they wished to open a business if they acquired the Right to be Caymanian. Both applications were rejected on the basis that “it was desirable to keep economic resources of the Islands in the control of Caymanians”. The Immigration Appeals Tribunal overturned both decisions and granted the appeals on the basis that the decisions were unreasonable.
Therefore of the 24 applications for status which were rejected in 2023, at least one quarter of those decisions (6) have already been overturned on appeal by this firm’s immigration team.