{"kind":"expression","expression":{"expr_id":"1531","doc_id":"1531","label":"Immigration (Transition) (Amendment) (No.2) Law, 2020 (law 39 of 2020)","is_as_enacted":"f","commenced_on":null,"superseded_on":null,"valid_from":null,"valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/act\/amending\/2020\/39\/eng@2020-01-01","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/amending\/2020\/39\", \"expression\": \"\/akn\/ky\/act\/amending\/2020\/39\/eng@2020-01-01\", \"manifestation\": \"\/akn\/ky\/act\/amending\/2020\/39\/eng@2020-01-01.pdf\"}, \"pdf\": {\"md5\": \"e763a0fd146265ecb1215cb435553029\", \"path\": \"\/Users\/q\/kyleg-data\/working\/AMENDING\/2020\/2020-0039\/2020-0039.pdf\", \"pages\": 18, \"filename\": \"2020-0039.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 4822, \"paragraph_count\": 22, \"text_char_count\": 29732}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"Immigration (Transition) (Amendment) (No.2) Law, 2020 Law 39 of 2020 19. 20. Immigration (Transition) (Amendment) (No.2) Law, 2020 Law 39 of 2020 IMMIGRATION (TRANSITION) (AMENDMENT) (NO.2) LAW, 2020 (Law 39 of 2020) A LAW TO AMEND THE IMMIGRATION (TRANSITION) LAW, 2018 AS A CONSEQUENCE OF THE ENACTMENT OF THE CIVIL PARTNERSHIP LAW, 2020; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Governor in accordance with section 81 of the Constitution, after consultation with the Premier, with the prior approval of the Secretary of State, and pursuant to instructions issued in accordance with section 31 of the Constitution.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title and commencement 1. (1) This Law may be cited as the Immigration (Transition) (Amendment) (No.2) Law, 2020. (2) This Law comes into force immediately after the commencement of the Civil Partnership Law, 2020.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Amendment of section 2 of the Immigration Law (2020 Revision) \u2013 interpretation 2. The Immigration (Transition) Law, 2018, in this Law referred to as the \u201cprincipal Law\u201d, is amended in section 2 as follows \u2014 (a) in the definition of the word \u201cdependant\u201d by inserting after the word \u201cspouse\u201d the words \u201cor civil partner\u201d; (Law 39 of 2020) I Assent, Martyn Roper Governor Date: 4th day of September, 2020 Immigration (Transition) (Amendment) (No.2) Law, 2020 Law 39 of 2020 (b) in the definition of the word \u201cstep-child\u201d by inserting after the word \u201cmarriage\u201d the words \u201cor a civil partnership\u201d; (c) in the definition of the word \u201cstudent\u201d by inserting after the word \u201cspouse\u201d the words \u201cor civil partner\u201d; and (d) by inserting, in the appropriate alphabetical sequence, the following definitions \u2014 \u201c \u201cCivil Registrar\u201d means a Civil Registrar for civil partnerships appointed under section 29 of the Civil Partnership Law, 2020; \u201ccivil partner\u201d has the meaning assigned by section 2 of the Civil Partnership Law, 2020; \u201ccivil partnership\u201d has the meaning assigned by section 2 of the Civil Partnership Law, 2020; \u201ccivil partnership of convenience\u201d means a civil partnership entered into with the primary intention of avoiding, or benefiting from, any of the provisions of this Law; \u201ccivil partnership officer\u201d means a person appointed under section 26 of the Civil Partnership Law, 2020 or licensed under section 33 or 34 of that Law; and \u201cRegistrar\u201d means the Registrar of Civil Partnerships who shall be the Registrar-General;\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Amendment of section 13 - functions of Boards; Head of Work Permits, Cayman Status and Permanent Residence 3. The principal Law is amended in section 13(3)(b)(iii) by inserting after the word \u201cspouse\u201d the words \u201cor civil partner\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Amendment of section 28 - acquisition of the right to be Caymanian by grant of the Board 4. The principal Law is amended in section 28 as follows \u2014 (a) by repealing subsection (5) and substituting the following subsection \u2014 \u201c(5) A person \u2014 (a) who has been married to, or been in a civil partnership with, a Caymanian \u2014 (i) for at least five years immediately preceding the application, where the marriage took place prior to the 1st January, 2004; (ii) for at least seven years immediately preceding the application, where the marriage took place on or after the 1st January, 2004; or Immigration (Transition) (Amendment) (No.2) Law, 2020 Law 39 of 2020 (iii) in the case of a civil partnership, for at least seven years immediately preceding the application; (b) whose marriage is not a marriage of convenience; (c) whose civil partnership is not a civil partnership of convenience; (d) who is not living apart from his or her spouse or civil partner under a decree of a competent court or under a deed of separation; (e) who has not lived apart from his or her spouse or civil partner for an aggregate period of three months \u2014 (i) out of the five years immediately preceding the application where the marriage took place prior to the 1st January, 2004; (ii) out of the seven years immediately preceding the application where the marriage took place on or after the 1st January, 2004; or (iii) in the case of a civil partnership, out of the seven years immediately preceding the application; (f) who is legally and ordinarily resident in the Islands immediately preceding his or her application; and (g) who has not in any country been convicted of an offence for which a sentence of imprisonment not exceeding twelve months has been passed other than for non-payment of a fine unless \u2014 (i) the conviction has been quashed on appeal or has been the subject of a free pardon; (ii) the act or omission giving rise to such conviction would not be an offence if done or omitted in the Islands in similar circumstances; or (iii) the conviction is one which, in the interest of justice, the Board directs to be ignored for the purposes of this section, may apply to the Board for the grant of the right to be Caymanian.\u201d; (b) in subsection (6) as follows \u2014 (i) by inserting after the word \u201cspouse\u201d the words \u201cor civil partner\u201d; and (ii) by inserting after the word \u201cspouses\u201d the words \u201cor civil partners\u201d; (c) in subsection (7) \u2014 (i) by repealing the following \u2014 \u201c(7) The surviving spouse of a Caymanian who \u2014 Immigration (Transition) (Amendment) (No.2) Law, 2020 Law 39 of 2020 (a) was married to the deceased for at least seven years;\u201d; and (ii) by substituting therefor the following \u2014 \u201c(7) The surviving spouse or civil partner of a Caymanian who \u2014 (a) was married to, or in a civil partnership with, the deceased for at least seven years;\u201d; and (d) by repealing subsection (8) and substituting the following subsection \u2014 \u201c(8) Where the marriage or civil partnership referred to in subsection (7)(a) has not subsisted for a period of seven years or the grant of the right to be Caymanian has been refused by the Board, the surviving spouse or civil partner may apply to the Director of WORC for the right to permanently reside in the Islands and the Director of WORC shall take into account \u2014 (a) the length of the marriage or civil partnership; (b) whether there are any children of the marriage or civil partnership; (c) whether immediately prior to the death the marriage or civil partnership was no longer subsisting as evidenced by a decree of a competent court, a deed of separation or what appears to be the breakdown of the marriage or civil partnership; (d) the applicant\u2019s ability to support himself or herself and any dependants; and (e) the applicant\u2019s health and character.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Amendment of section 33 - revocation of right to be Caymanian 5. The principal Law is amended in section 33(1) as follows \u2014 (a) by deleting the word \u201cor\u201d at the end of paragraph (c); (b) by inserting after paragraph (c) the following paragraph \u2014 \u201c(ca) where the civil partnership of the holder, being the civil partner of a Caymanian, is deemed by the Board to have been a civil partnership of convenience; or\u201d; and (c) in paragraph (d) as follows \u2014 (i) by inserting after the word \u201cspouse\u201d the words \u201cor civil partner\u201d; and (ii) by inserting after the word \u201cmarriage\u201d the words \u201cor civil partnership\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Amendment of section 36 - categories of permanent residence 6. The principal Law is amended in section 36 by repealing subsections (1) and (2) and substituting the following subsections \u2014 Immigration (Transition) (Amendment) (No.2) Law, 2020 Law 39 of 2020 \u201c(1) The Caymanian Status and Permanent Residency Board and the Director of WORC may grant the right to reside permanently in the Islands to the following non-Caymanian applicants \u2014 (a) persons, including their spouses and civil partners, who have been legally and ordinarily resident in the Islands for a minimum period of eight years; (b) the spouse or civil partner of a Caymanian; and (c) a dependant of a Residency and Employment Rights Certificate who meets the requirements set out in section 39. (2) The Director of WORC may grant the right to reside permanently to \u2014 (a) the surviving spouse or civil partner of a Caymanian under section 28(7); and (b) persons of independent means, including their spouses or civil partners, under section 42.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Amendment of section 37 - persons legally and ordinarily resident in the Islands for at least eight years 7. The principal Law is amended in section 37 as follows \u2014 (a) in subsection (1), by inserting after the word \u201cspouse\u201d the words \u201cor civil partner\u201d; (b) in subsection (8), by inserting after the word \u201cspouse\u201d the words \u201cor civil partner\u201d; (c) in subsection (10), by repealing paragraph (e) and substituting the following paragraph \u2014 \u201c(e) any change in the status of the applicant\u2019s marriage or civil partnership or in respect of the applicant\u2019s dependants,\u201d; (d) in subsection (16), by inserting after the word \u201cspouse\u201d the words \u201cor civil partner\u201d; (e) in subsection (18) \u2014 (i) by inserting after the word \u201cmarriage\u201d the words \u201cor civil partnership\u201d; and (ii) by inserting after the word \u201cspouse\u201d wherever it appears the words \u201cor civil partner\u201d; and (f) in subsection (19) \u2014 (i) by inserting after the word \u201cmarriage\u201d wherever it appears the words \u201cor civil partnership\u201d; and (ii) by inserting after the word \u201cspouse\u201d wherever it appears the words \u201cor civil partner\u201d. Immigration (Transition) (Amendment) (No.2) Law, 2020 Law 39 of 2020\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Amendment of section 38 - Residency and Employment Rights Certificate for spouse of a Caymanian 8. The principal Law is amended in section 38 as follows \u2014 (a) in the section heading, by inserting after the word \u201cspouse\u201d the words \u201cor civil partner\u201d; (b) in subsection (1), by inserting after the word \u201cspouse\u201d the words \u201cor civil partner\u201d; (c) in subsection (2) as follows \u2014 (i) by inserting after the word \u201cmarriage\u201d the words \u201cor civil partnership\u201d; and (ii) by inserting after the word \u201cspouse\u201d the words \u201cor civil partnership\u201d; (d) in subsection (3) \u2014 (i) in paragraph (a), by inserting after the word \u201cspouse\u201d the words \u201cor civil partner\u201d; (ii) by inserting after paragraph (b) the following paragraph \u2014 \u201c(ba) the civil partnership is not a civil partnership of convenience;\u201d; (iii) in paragraph (e), by inserting after the word \u201cmarriage\u201d the words \u201cor civil partnership\u201d; and (iv) in paragraph (f), by inserting after the word \u201cspouse\u201d the words \u201cor civil partner\u201d; (e) in subsection (4), by inserting after the word \u201cmarriage\u201d the words \u201cor civil partnership\u201d; (f) by repealing subsection (6) and substituting the following subsection \u2014 \u201c(6) The spouse or civil partner of a Caymanian shall have no right to reside or be gainfully employed in the Islands unless the spouse or the civil partner is the holder of a Residency and Employment Rights Certificate granted under this section; and the spouse or civil partner shall not be entitled to apply for, or to be granted, a work permit or the renewal of a work permit, but where a work permit is in effect on the date of the marriage or civil partnership, the spouse or civil partner may continue to work under the terms and conditions of the work permit until its expiration.\u201d; (g) in subsection (7) \u2014 (i) by inserting after the word \u201cspouse\u201d the words \u201cor civil partner\u201d; and (ii) by inserting after the word \u201cmarriage\u201d the words \u201cor civil partnership\u201d; and (h) in subsections (8) and (9), by inserting after the word \u201cspouse\u201d the words \u201cor civil partner\u201d. Immigration (Transition) (Amendment) (No.2) Law, 2020 Law 39 of 2020\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Amendment of section 40 - loss of Residency and Employment Rights Certificate 9. The principal Law is amended by repealing section 40 and substituting the following \u2014 \u201cLoss of Residency and Employment Rights Certificate\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_40\", \"num\": \"40.\", \"text\": \"(1) Subject to subsection (2), the holder of a Residency and Employment Rights Certificate who is the spouse or civil partner of a Caymanian or has obtained a Residency and Employment Rights Certificate as a result of his or her marriage to or civil partnership with, the holder of a Residency and Employment Rights Certificate under section 37(16) or any other earlier analogous provision, shall forfeit his or her rights under that Certificate if \u2014 (a) the holder falls within any of the provisions of section 51; (b) the holder\u2019s spouse or civil partner ceases to be a Caymanian or to be a Residency and Employment Rights Certificate holder; (c) within ten years of the marriage or the civil partnership, the marriage or civil partnership is dissolved or annulled; (d) the holder ceases to be legally and ordinarily resident in the Islands; or (e) the holder and his or her spouse or civil partner are living apart \u2014 (i) under a decree of a competent court; (ii) under a deed of separation; or (iii) in circumstances where, in the opinion of the Board or the Director of WORC, the marriage or civil partnership has irretrievably broken down. (2) A person who has forfeited his or her rights under subsection (1) and \u2014 (a) is or was the spouse or civil partner of a Caymanian; and (b) is the parent of a Caymanian child, may apply to the Board or the Director of WORC for a continuation of the Residency and Employment Rights Certificate \u2014 (i) until the child reaches the age of eighteen years; or (ii) where the child is enrolled in tertiary education, until the child completes his or her education or has reached the age of twenty-four years, whichever happens earlier. (3) Notwithstanding section 38(1), where the holder of a Residency and Employment Rights Certificate is the surviving spouse or civil Immigration (Transition) (Amendment) (No.2) Law, 2020 Law 39 of 2020 partner of a Caymanian, that surviving spouse or civil partner shall be required, in order to continue to hold that Certificate, to apply to the Board or the Director of WORC for the right to continue to hold the Certificate and \u2014 (a) the Board or the Director of WORC shall, in considering the application take into account \u2014 (i) the length of the marriage or the civil partnership; (ii) whether there are any children; (iii) whether immediately prior to the death, the marriage or civil partnership was no longer subsisting as evidenced by a decree of a competent court, a deed of separation or what appears to be the breakdown of the marriage or civil partnership; (iv) the applicant\u2019s ability to support himself or herself and any dependants; and (v) the applicant\u2019s health and character; and (b) thereafter, the Board or the Director of WORC shall either revoke the Certificate or allow the continuation of the Certificate.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Amendment of section 42 \u2013 Certificate of Permanent Residence for persons of Independent Means 10. The principal Law is amended in section 42 as follows \u2014 (a) in subsection (2)(b) and (c), by inserting after the word \u201cspouse\u201d the words \u201cor civil partner\u201d; and (b) in subsection (3) by inserting after the word \u201cspouse\u201d the words \u201cor civil partner\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Amendment of section 43 - spouse and dependants of the holder of a Residency Certificate for Persons of Independent Means or a Certificate of Permanent Residence for Persons of Independent Means 11. The principal Law is amended in section 43 as follows \u2014 (a) in the section header, by inserting after the word \u201cspouse\u201d the words \u201cor civil partner\u201d; (b) in subsection (1), by inserting after the word \u201cspouse\u201d the words \u201c, civil partner\u201d; and (c) by repealing subsection (3) and substituting the following subsection \u2014 \u201c(3) Upon \u2014 Immigration (Transition) (Amendment) (No.2) Law, 2020 Law 39 of 2020 (a) the death of the holder of a Residency Certificate for Persons of Independent Means or a Certificate of Permanent Residence for Persons of Independent Means; or (b) the dissolution of the marriage or civil partnership of the holder of a Residency Certificate for Persons of Independent Means or a Certificate of Permanent Residence for Persons of Independent Means, the right of the surviving or former spouse or civil partner to reside in the Islands may be revoked at the discretion of the Director of WORC but the surviving or former spouse or civil partner may, within a period of three months of any revocation, apply for the grant of a Residency Certificate for Persons of Independent Means or a Certificate of Permanent Residence for Persons of Independent Means upon satisfying the requirements of this section.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Amendment of section 47 - Certificate of Direct Investment 12. The principal Law is amended in section 47 as follows \u2014 (a) in subsection (2)(a) and (b), by inserting after the word \u201cspouse\u201d the words \u201cor civil partner\u201d; (b) in subsection (6), by inserting after the word \u201cspouse\u201d the words \u201c, civil partner\u201d; (c) in subsection (7) \u2014 (i) by inserting after the word \u201cmarriage\u201d the words \u201cor civil partnership\u201d; and (ii) by inserting after the word \u201cspouse\u201d where it twice appears the words \u201cor civil partner\u201d; and (d) by repealing subsection (10) and substituting the following subsection \u2014 \u201c(10) Where \u2014 (a) there is a change in the number of children who are dependants of the holder of a Certificate of Direct Investment; (b) the holder \u2014 (i) marries or enters into a civil partnership; (ii) divorces; or (iii) dissolves a civil partnership, subsequent to the issue of the Certificate; or (c) changes his or her occupation within the business or businesses, the holder shall so inform the Director of WORC of the fact and the Director of WORC may amend the Certificate accordingly and Immigration (Transition) (Amendment) (No.2) Law, 2020 Law 39 of 2020 subject to such conditions as Director of WORC may, in the Director\u2019s absolute discretion, determine.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Amendment of section 48 - revocation of Certificate of Direct Investment 13. The principal Law is amended in section 48(g) by inserting after the word \u201cspouse\u201d the words \u201cor civil partner\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Amendment of section 49 - Certificate for Specialist Caregivers 14. The principal Law is amended in section 49(7) by inserting after the word \u201cspouse\u201d the words \u201c, civil partner\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Amendment of section 50 - Residency Certificate (Substantial Business Presence) 15. The principal Law is amended in section 50 as follows \u2014 (a) in subsection (3) \u2014 (i) in paragraph (a), by inserting after the word \u201cspouse\u201d the words \u201cor civil partner\u201d; and (ii) in paragraph (b), by inserting after the words \u201cspouse\u201d the words \u201c, or civil partner,\u201d; (b) in subsection (6), by inserting after the words \u201cspouse\u201d the words \u201c, or civil partner,\u201d; (c) by repealing subsection (7) and substituting the following subsection \u2014 \u201c(7) Upon \u2014 (a) the death of the holder of an Approval-in-Principle Residency Certificate (Substantial Business Presence) or a Residency Certificate (Substantial Business Presence); or (b) the dissolution of the marriage or civil partnership of the holder of an Approval-in-Principle Residency Certificate (Substantial Business Presence) or a Residency Certificate (Substantial Business Presence), the right of the dependent spouse or civil partner to reside in the Islands shall cease after a period of one year from the date of the death or the dissolution unless \u2014 (i) the spouse or civil partner can demonstrate to the satisfaction of the Director of WORC that he or she can support himself or herself and any dependent children without having to become gainfully occupied in the Islands; or (ii) the holder is granted permission to remain under any other provision of this Law.\u201d; Immigration (Transition) (Amendment) (No.2) Law, 2020 Law 39 of 2020 (d) by repealing subsection (9) and substituting the following subsection \u2014 \u201c(9) Where \u2014 (a) there is a change in the number of children who are dependants of the holder of a Certificate issued under this section; (b) the holder \u2014 (i) marries or enters into a civil partnership; (ii) divorces; (iii) dissolves a civil partnership; subsequent to the issue of the Certificate; or (c) the holder changes his or her occupation within the business, the holder shall so inform the Director of WORC of the fact and the Director of WORC may amend the Certificate accordingly and subject to such conditions as Director of WORC may, in the Director\u2019s absolute discretion, determine.\u201d; and (e) in subsection (11)(f), by inserting after the word \u201cspouse\u201d the words \u201cor civil partner\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Amendment of section 53 - persons exempted 16. The principal Law is amended in section 53(1)(d) by inserting after the word \u201cspouse\u201d the words \u201cor civil partner\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Amendment of section 58 - consideration of work permit by Board etc. 17. The principal Law is amended in section 58 as follows \u2014 (a) in subsection (3)(d), by inserting after the word \u201cspouse\u201d where it twice appears the words \u201cor civil partner\u201d; and (b) in subsection (5)(a), by inserting after the word \u201cspouse\u201d the words \u201cor civil partner\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Amendment of section 63 - grant or refusal of work permit 18. The principal Law is amended in section 63(10) by inserting after the word \u201cspouse\u201d the words \u201cor civil partner\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Amendment of section 66 - term limits 19. The principal Law is amended in section 66 as follows \u2014 (a) by repealing subsection (10) and substituting the following subsection \u2014 \u201c(10) A person \u2014 (a) who is married to, or in a civil partnership with \u2014 (i) a worker; Immigration (Transition) (Amendment) (No.2) Law, 2020 Law 39 of 2020 (ii) a person employed by the Government of the Islands; (iii) a person employed by the Government of the United Kingdom, in the Islands; (iv) a person employed by any statutory authority or Government owned company, the employees of which are by law not required to hold work permits; or (v) a person who is working by operation of law with the permission granted under subsection (4) or (8), and whose right to work in the Islands will expire before that of his or her spouse or civil partner; (b) whose marriage is, in the opinion of the Board or the Director of WORC, not a marriage of convenience; or (c) whose civil partnership is, in the opinion of the Board or the Director of WORC, not a civil partnership of convenience; (d) who is not living apart from his or her spouse or civil partner under a decree of a competent court or under a deed of separation; and (e) who has not lived apart from his or her spouse or civil partner for an aggregate period of three months out of the twelve months immediately preceding the application for the grant in circumstances which, in the opinion of the Board or the Director of WORC, have led it to conclude that the marriage or civil partnership has broken down, may, during the currency of the spouse\u2019s or the civil partner\u2019s work permit or contract of employment with the Government of the Islands or with the Government of the United Kingdom in the Islands or in the period during which his or her spouse or civil partner is working by operation of law with permission granted under subsection (4) or (8), apply for the grant of a work permit or the renewal of an existing work permit; and the Board or the Director of WORC may \u2014 (i) grant the application for a period not exceeding that of the spouse\u2019s or civil partner\u2019s work permit or any renewal thereof; (ii) grant the application for a period not exceeding that of the spouse\u2019s or civil partner\u2019s contract of employment; or (iii) grant the application for a period not exceeding that of the period for which his or her spouse or civil partner is working by operation of law or under permission granted under subsection (4) or (8).\u201d; (b) by repealing subsection (11) and substituting the following subsection \u2014 Immigration (Transition) (Amendment) (No.2) Law, 2020 Law 39 of 2020 \u201c(11) A person working under subsection (10) whose spouse or civil partner is granted permanent residence under section 37 and who has applied for a Residency and Employment Rights Certificate as the spouse or civil partner of a permanent resident under section 37(16) will not lose his or her right to work and may continue to be granted work permits until the final determination of his or her application where that application was submitted within ninety days of the grant of his or her spouse\u2019s or civil partner\u2019s permanent residence.\u201d; (c) in subsection (12), by inserting after the word \u201cspouse\u201d where it twice appears the words \u201cor civil partner\u201d; and (d) by repealing subsection (13) and substituting the following subsection \u2014 \u201c(13) The Board or the Director of WORC, in calculating under subsection (10)(d), the period of time that an applicant has spent apart from his or her spouse or civil partner , shall not take into account those occasions when either spouse\u2019s or civil partner\u2019s absences were because of medical, educational, business, vacation or other analogous circumstances.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"Amendment of section 70 - marriages of convenience 20. The principal Law is amended by repealing section 70 and substituting the following section \u2014 \u201cMarriages and civil partnerships of convenience 70. (1) A person who enters into a marriage of convenience or a civil partnership of convenience commits an offence and is liable on summary conviction to a fine of ten thousand dollars and to imprisonment for one year. (2) If \u2014 (a) a marriage officer has reasonable grounds for suspecting that a marriage will be a marriage of convenience; or (b) the Registrar, a Civil Registrar or a civil partnership officer has reasonable grounds for suspecting that a civil partnership will be a civil partnership of convenience, and fails to report his or her suspicion to the Director of WORC without delay and in such form and manner as may be prescribed, the marriage officer, the Registrar, the Civil Registrar or the civil partnership officer commits an offence. (3) Subsection (2) also applies where \u2014 (a) a marriage is solemnised in the presence of a marriage officer; and Immigration (Transition) (Amendment) (No.2) Law, 2020 Law 39 of 2020 (b) a civil partnership is formalised in the presence of the Registrar, a Civil Registrar or a civil partnership officer, who, before, during or immediately after solemnisation of the marriage or formalisation of the civil partnership, has reasonable grounds for suspecting that the marriage or civil partnership will be, or is, a marriage of convenience or a civil partnership of convenience.\u201d. Assented to by the Governor the 4th day of September, 2020.\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2020_01_01\", \"date\": \"2020-01-01\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror (kyleg)\"}]}, \"temporalData\": {\"source\": \"#cilegis\", \"temporalGroup\": [{\"eId\": \"tg_inforce_2020_01_01\", \"timeInterval\": [{\"end\": null, \"start\": \"#e_commence_2020_01_01\", \"duration\": null, \"refersTo\": \"#inForce\"}]}]}, \"classification\": null, \"identification\": {\"source\": \"#cilegis\", \"FRBRWork\": {\"FRBRuri\": \"\/akn\/ky\/act\/amending\/2020\/39\", \"FRBRdate\": [{\"date\": \"2020-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/amending\/2020\/39\/!main\", \"FRBRalias\": [{\"name\": \"cmsId\", \"value\": \"2020-0039\"}], \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRnumber\": \"39 of 2020\", \"FRBRcountry\": \"ky\", \"FRBRsubtype\": \"amending\"}, \"FRBRExpression\": {\"FRBRuri\": \"\/akn\/ky\/act\/amending\/2020\/39\/eng@2020-01-01\", \"FRBRdate\": [{\"date\": \"2020-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/amending\/2020\/39\/eng@2020-01-01\/!main\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRlanguage\": \"eng\"}, \"FRBRManifestation\": {\"FRBRuri\": \"\/akn\/ky\/act\/amending\/2020\/39\/eng@2020-01-01.xml\", \"FRBRdate\": [{\"date\": \"2026-06-22\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/amending\/2020\/39\/eng@2020-01-01.xml\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRformat\": \"application\/xml\"}}}, \"name\": \"act\", \"header\": {\"title\": \"Immigration (Transition) (Amendment) (No.2) Law, 2020 (law 39 of 2020)\", \"actNumber\": \"39 of 2020\", \"longTitle\": null}}, \"doc\": null, \"bill\": null, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nIMMIGRATION (TRANSITION)\n(AMENDMENT) (NO.2) LAW, 2020\n(Law 39 of 2020)\nSupplement No. 5 published with Legislation Gazette No. 64 dated 4th September, 2020.\n\u2000\n\nPage 2\nLaw 39 of 2020\nc\n\nPUBLISHING DETAILS\n\nImmigration (Transition) (Amendment) (No.2) Law, 2020\nArrangement of Sections\n\nc\nLaw 39 of 2020\nPage 3\n\nCAYMAN ISLANDS\n\nIMMIGRATION (TRANSITION) (AMENDMENT)\n(NO.2) LAW, 2020\n(Law 39 of 2020)\nArrangement of Sections\nSection\nPage\n1.\nShort title and commencement ..................................................................................................5\n2.\nAmendment of section 2 of the Immigration Law (2020 Revision) \u2013 interpretation ......................5\n3.\nAmendment of section 13 - functions of Boards; Head of Work Permits, Cayman Status\nand Permanent Residence ........................................................................................................6\n4.\nAmendment of section 28 - acquisition of the right to be Caymanian by grant of the Board ........6\n5.\nAmendment of section 33 - revocation of right to be Caymanian ................................................8\n6.\nAmendment of section 36 - categories of permanent residence .................................................8\n7.\nAmendment of section 37 - persons legally and ordinarily resident in the Islands for at\nleast eight years ........................................................................................................................9\n8.\nAmendment of section 38 - Residency and Employment Rights Certificate for spouse of a\nCaymanian .............................................................................................................................. 10\n9.\nAmendment of section 40 - loss of Residency and Employment Rights Certificate ................... 11\n10.\nAmendment of section 42 \u2013 Certificate of Permanent Residence for persons of\nIndependent Means ................................................................................................................. 12\n11.\nAmendment of section 43 - spouse and dependants of the holder of a Residency\nCertificate for Persons of Independent Means or a Certificate of Permanent Residence\nfor Persons of Independent Means .......................................................................................... 12\n12.\nAmendment of section 47 - Certificate of Direct Investment ..................................................... 13\n13.\nAmendment of section 48 - revocation of Certificate of Direct Investment ................................ 14\n14.\nAmendment of section 49 - Certificate for Specialist Caregivers .............................................. 14\n15.\nAmendment of section 50 - Residency Certificate (Substantial Business Presence) ................ 14\n16.\nAmendment of section 53 - persons exempted ........................................................................ 15\n17.\nAmendment of section 58 - consideration of work permit by Board etc..................................... 15\n18.\nAmendment of section 63 - grant or refusal of work permit ...................................................... 15\n\nArrangement of Sections\nImmigration (Transition) (Amendment) (No.2) Law, 2020\n\nPage 4\nLaw 39 of 2020\nc\n\n19.\nAmendment of section 66 - term limits ..................................................................................... 15\n20.\nAmendment of section 70 - marriages of convenience ............................................................. 17\n\nImmigration (Transition) (Amendment) (No.2) Law, 2020\nSection 1\n\nc\nLaw 39 of 2020\nPage 5\n\nCAYMAN ISLANDS\n\nIMMIGRATION (TRANSITION) (AMENDMENT)\n(NO.2) LAW, 2020\n(Law 39 of 2020)\nA LAW TO AMEND THE IMMIGRATION (TRANSITION) LAW, 2018 AS A\nCONSEQUENCE OF THE ENACTMENT OF THE CIVIL PARTNERSHIP LAW, 2020; AND\nFOR INCIDENTAL AND CONNECTED PURPOSES\nENACTED by the Governor in accordance with section 81 of the Constitution, after\nconsultation with the Premier, with the prior approval of the Secretary of State, and\npursuant to instructions issued in accordance with section 31 of the Constitution.\n1.\nShort title and commencement\n1.\n(1) This Law may be cited as the Immigration (Transition) (Amendment) (No.2)\nLaw, 2020.\n(2) This Law comes into force immediately after the commencement of the Civil\nPartnership Law, 2020.\n2.\nAmendment of section 2 of the Immigration Law (2020 Revision) \u2013\ninterpretation\n2.\nThe Immigration (Transition) Law, 2018, in this Law referred to as the \u201cprincipal\nLaw\u201d, is amended in section 2 as follows \u2014\n(a)\nin the definition of the word \u201cdependant\u201d by inserting after the word\n\u201cspouse\u201d the words \u201cor civil partner\u201d;\n(Law 39 of 2020)\nI Assent,\nMartyn Roper\nGovernor\nDate: 4th day of September, 2020\n\nSection 3\nImmigration (Transition) (Amendment) (No.2) Law, 2020\n\nPage 6\nLaw 39 of 2020\nc\n\n(b) in the definition of the word \u201cstep-child\u201d by inserting after the word\n\u201cmarriage\u201d the words \u201cor a civil partnership\u201d;\n(c)\nin the definition of the word \u201cstudent\u201d by inserting after the word \u201cspouse\u201d\nthe words \u201cor civil partner\u201d; and\n(d) by inserting, in the appropriate alphabetical sequence, the following\ndefinitions \u2014\n\u201c \u201cCivil Registrar\u201d means a Civil Registrar for civil partnerships\nappointed under section 29 of the Civil Partnership Law, 2020;\n\u201ccivil partner\u201d has the meaning assigned by section 2 of the Civil\nPartnership Law, 2020;\n\u201ccivil partnership\u201d has the meaning assigned by section 2 of the\nCivil Partnership Law, 2020;\n\u201ccivil partnership of convenience\u201d means a civil partnership\nentered into with the primary intention of avoiding, or benefiting\nfrom, any of the provisions of this Law;\n\u201ccivil partnership officer\u201d means a person appointed under\nsection 26 of the Civil Partnership Law, 2020 or licensed under\nsection 33 or 34 of that Law; and\n\u201cRegistrar\u201d means the Registrar of Civil Partnerships who shall be\nthe Registrar-General;\u201d.\n3.\nAmendment of section 13 - functions of Boards; Head of Work Permits,\nCayman Status and Permanent Residence\n3.\nThe principal Law is amended in section 13(3)(b)(iii) by inserting after the word\n\u201cspouse\u201d the words \u201cor civil partner\u201d.\n4.\nAmendment of section 28 - acquisition of the right to be Caymanian by grant\nof the Board\n4.\nThe principal Law is amended in section 28 as follows \u2014\n(a)\nby repealing subsection (5) and substituting the following subsection \u2014\n\u201c(5) A person \u2014\n(a)\nwho has been married to, or been in a civil partnership with, a\nCaymanian \u2014\n(i)\nfor at least five years immediately preceding the\napplication, where the marriage took place prior to the 1st\nJanuary, 2004;\n(ii) for at least seven years immediately preceding the\napplication, where the marriage took place on or after the\n1st January, 2004; or\n\nImmigration (Transition) (Amendment) (No.2) Law, 2020\nSection 4\n\nc\nLaw 39 of 2020\nPage 7\n\n(iii) in the case of a civil partnership, for at least seven years\nimmediately preceding the application;\n(b) whose marriage is not a marriage of convenience;\n(c)\nwhose civil partnership is not a civil partnership of\nconvenience;\n(d) who is not living apart from his or her spouse or civil partner\nunder a decree of a competent court or under a deed of\nseparation;\n(e)\nwho has not lived apart from his or her spouse or civil partner\nfor an aggregate period of three months \u2014\n(i)\nout of the five years immediately preceding the\napplication where the marriage took place prior to the 1st\nJanuary, 2004;\n(ii) out of the seven years immediately preceding the\napplication where the marriage took place on or after the\n1st January, 2004; or\n(iii) in the case of a civil partnership, out of the seven years\nimmediately preceding the application;\n(f)\nwho is legally and ordinarily resident in the Islands immediately\npreceding his or her application; and\n(g) who has not in any country been convicted of an offence for\nwhich a sentence of imprisonment not exceeding twelve months\nhas been passed other than for non-payment of a fine unless \u2014\n(i)\nthe conviction has been quashed on appeal or has been the\nsubject of a free pardon;\n(ii) the act or omission giving rise to such conviction would\nnot be an offence if done or omitted in the Islands in\nsimilar circumstances; or\n(iii) the conviction is one which, in the interest of justice, the\nBoard directs to be ignored for the purposes of this\nsection,\nmay apply to the Board for the grant of the right to be Caymanian.\u201d;\n(b) in subsection (6) as follows \u2014\n(i)\nby inserting after the word \u201cspouse\u201d the words \u201cor civil partner\u201d; and\n(ii) by inserting after the word \u201cspouses\u201d the words \u201cor civil partners\u201d;\n(c)\nin subsection (7) \u2014\n(i)\nby repealing the following \u2014\n\u201c(7) The surviving spouse of a Caymanian who \u2014\n\nSection 5\nImmigration (Transition) (Amendment) (No.2) Law, 2020\n\nPage 8\nLaw 39 of 2020\nc\n\n(a)\nwas married to the deceased for at least seven years;\u201d; and\n(ii) by substituting therefor the following \u2014\n\u201c(7) The surviving spouse or civil partner of a Caymanian who \u2014\n(a)\nwas married to, or in a civil partnership with, the deceased for\nat least seven years;\u201d; and\n(d) by repealing subsection (8) and substituting the following subsection \u2014\n\u201c(8) Where the marriage or civil partnership referred to in subsection\n(7)(a) has not subsisted for a period of seven years or the grant of the\nright to be Caymanian has been refused by the Board, the surviving\nspouse or civil partner may apply to the Director of WORC for the\nright to permanently reside in the Islands and the Director of WORC\nshall take into account \u2014\n(a)\nthe length of the marriage or civil partnership;\n(b) whether there are any children of the marriage or civil\npartnership;\n(c)\nwhether immediately prior to the death the marriage or civil\npartnership was no longer subsisting as evidenced by a decree\nof a competent court, a deed of separation or what appears to be\nthe breakdown of the marriage or civil partnership;\n(d) the applicant\u2019s ability to support himself or herself and any\ndependants; and\n(e)\nthe applicant\u2019s health and character.\u201d.\n5.\nAmendment of section 33 - revocation of right to be Caymanian\n5.\nThe principal Law is amended in section 33(1) as follows \u2014\n(a)\nby deleting the word \u201cor\u201d at the end of paragraph (c);\n(b) by inserting after paragraph (c) the following paragraph \u2014\n\u201c(ca) where the civil partnership of the holder, being the civil partner\nof a Caymanian, is deemed by the Board to have been a civil\npartnership of convenience; or\u201d; and\n(c)\nin paragraph (d) as follows \u2014\n(i)\nby inserting after the word \u201cspouse\u201d the words \u201cor civil partner\u201d; and\n(ii) by inserting after the word \u201cmarriage\u201d the words \u201cor civil\npartnership\u201d.\n6.\nAmendment of section 36 - categories of permanent residence\n6.\nThe principal Law is amended in section 36 by repealing subsections (1) and (2) and\nsubstituting the following subsections \u2014\n\nImmigration (Transition) (Amendment) (No.2) Law, 2020\nSection 7\n\nc\nLaw 39 of 2020\nPage 9\n\n\u201c(1) The Caymanian Status and Permanent Residency Board and the\nDirector of WORC may grant the right to reside permanently in the\nIslands to the following non-Caymanian applicants \u2014\n(a)\npersons, including their spouses and civil partners, who have\nbeen legally and ordinarily resident in the Islands for a\nminimum period of eight years;\n(b) the spouse or civil partner of a Caymanian; and\n(c)\na dependant of a Residency and Employment Rights Certificate\nwho meets the requirements set out in section 39.\n(2) The Director of WORC may grant the right to reside permanently\nto \u2014\n(a)\nthe surviving spouse or civil partner of a Caymanian under\nsection 28(7); and\n(b) persons of independent means, including their spouses or civil\npartners, under section 42.\u201d.\n7.\nAmendment of section 37 - persons legally and ordinarily resident in the\nIslands for at least eight years\n7.\nThe principal Law is amended in section 37 as follows \u2014\n(a)\nin subsection (1), by inserting after the word \u201cspouse\u201d the words \u201cor civil\npartner\u201d;\n(b) in subsection (8), by inserting after the word \u201cspouse\u201d the words \u201cor civil\npartner\u201d;\n(c)\nin subsection (10), by repealing paragraph (e) and substituting the\nfollowing paragraph \u2014\n\u201c(e) any change in the status of the applicant\u2019s marriage or civil\npartnership or in respect of the applicant\u2019s dependants,\u201d;\n(d) in subsection (16), by inserting after the word \u201cspouse\u201d the words \u201cor civil\npartner\u201d;\n(e)\nin subsection (18) \u2014\n(i)\nby inserting after the word \u201cmarriage\u201d the words \u201cor civil\npartnership\u201d; and\n(ii) by inserting after the word \u201cspouse\u201d wherever it appears the words\n\u201cor civil partner\u201d; and\n(f)\nin subsection (19) \u2014\n(i)\nby inserting after the word \u201cmarriage\u201d wherever it appears the words\n\u201cor civil partnership\u201d; and\n(ii) by inserting after the word \u201cspouse\u201d wherever it appears the words\n\u201cor civil partner\u201d.\n\nSection 8\nImmigration (Transition) (Amendment) (No.2) Law, 2020\n\nPage 10\nLaw 39 of 2020\nc\n\n8.\nAmendment of section 38 - Residency and Employment Rights Certificate for\nspouse of a Caymanian\n8.\nThe principal Law is amended in section 38 as follows \u2014\n(a)\nin the section heading, by inserting after the word \u201cspouse\u201d the words \u201cor\ncivil partner\u201d;\n(b) in subsection (1), by inserting after the word \u201cspouse\u201d the words \u201cor civil\npartner\u201d;\n(c)\nin subsection (2) as follows \u2014\n(i)\nby inserting after the word \u201cmarriage\u201d the words \u201cor civil\npartnership\u201d; and\n(ii) by inserting after the word \u201cspouse\u201d the words \u201cor civil partnership\u201d;\n(d) in subsection (3) \u2014\n(i)\nin paragraph (a), by inserting after the word \u201cspouse\u201d the words \u201cor\ncivil partner\u201d;\n(ii) by inserting after paragraph (b) the following paragraph \u2014\n\u201c(ba) the civil partnership is not a civil partnership of convenience;\u201d;\n(iii) in paragraph (e), by inserting after the word \u201cmarriage\u201d the words \u201cor\ncivil partnership\u201d; and\n(iv) in paragraph (f), by inserting after the word \u201cspouse\u201d the words \u201cor\ncivil partner\u201d;\n(e)\nin subsection (4), by inserting after the word \u201cmarriage\u201d the words \u201cor civil\npartnership\u201d;\n(f)\nby repealing subsection (6) and substituting the following subsection \u2014\n\u201c(6) The spouse or civil partner of a Caymanian shall have no right to\nreside or be gainfully employed in the Islands unless the spouse or\nthe civil partner is the holder of a Residency and Employment Rights\nCertificate granted under this section; and the spouse or civil partner\nshall not be entitled to apply for, or to be granted, a work permit or\nthe renewal of a work permit, but where a work permit is in effect on\nthe date of the marriage or civil partnership, the spouse or civil\npartner may continue to work under the terms and conditions of the\nwork permit until its expiration.\u201d;\n(g) in subsection (7) \u2014\n(i)\nby inserting after the word \u201cspouse\u201d the words \u201cor civil partner\u201d; and\n(ii) by inserting after the word \u201cmarriage\u201d the words \u201cor civil\npartnership\u201d; and\n(h) in subsections (8) and (9), by inserting after the word \u201cspouse\u201d the words\n\u201cor civil partner\u201d.\n\nImmigration (Transition) (Amendment) (No.2) Law, 2020\nSection 9\n\nc\nLaw 39 of 2020\nPage 11\n\n9.\nAmendment of section 40 - loss of Residency and Employment Rights\nCertificate\n9.\nThe principal Law is amended by repealing section 40 and substituting the\nfollowing \u2014\n\u201cLoss of Residency and Employment Rights Certificate\n40. (1) Subject to subsection (2), the holder of a Residency and Employment\nRights Certificate who is the spouse or civil partner of a Caymanian\nor has obtained a Residency and Employment Rights Certificate as a\nresult of his or her marriage to or civil partnership with, the holder of\na Residency and Employment Rights Certificate under section 37(16)\nor any other earlier analogous provision, shall forfeit his or her rights\nunder that Certificate if \u2014\n(a)\nthe holder falls within any of the provisions of section 51;\n(b) the holder\u2019s spouse or civil partner ceases to be a Caymanian or\nto be a Residency and Employment Rights Certificate holder;\n(c)\nwithin ten years of the marriage or the civil partnership, the\nmarriage or civil partnership is dissolved or annulled;\n(d) the holder ceases to be legally and ordinarily resident in the\nIslands; or\n(e)\nthe holder and his or her spouse or civil partner are living\napart \u2014\n(i)\nunder a decree of a competent court;\n(ii) under a deed of separation; or\n(iii) in circumstances where, in the opinion of the Board or the\nDirector of WORC, the marriage or civil partnership has\nirretrievably broken down.\n(2) A person who has forfeited his or her rights under subsection (1)\nand \u2014\n(a)\nis or was the spouse or civil partner of a Caymanian; and\n(b) is the parent of a Caymanian child,\nmay apply to the Board or the Director of WORC for a continuation\nof the Residency and Employment Rights Certificate \u2014\n(i)\nuntil the child reaches the age of eighteen years; or\n(ii) where the child is enrolled in tertiary education, until the\nchild completes his or her education or has reached the age\nof twenty-four years, whichever happens earlier.\n(3) Notwithstanding section 38(1), where the holder of a Residency and\nEmployment Rights Certificate is the surviving spouse or civil\n\nSection 10\nImmigration (Transition) (Amendment) (No.2) Law, 2020\n\nPage 12\nLaw 39 of 2020\nc\n\npartner of a Caymanian, that surviving spouse or civil partner shall\nbe required, in order to continue to hold that Certificate, to apply to\nthe Board or the Director of WORC for the right to continue to hold\nthe Certificate and \u2014\n(a)\nthe Board or the Director of WORC shall, in considering the\napplication take into account \u2014\n(i)\nthe length of the marriage or the civil partnership;\n(ii) whether there are any children;\n(iii) whether immediately prior to the death, the marriage or\ncivil partnership was no longer subsisting as evidenced by\na decree of a competent court, a deed of separation or what\nappears to be the breakdown of the marriage or civil\npartnership;\n(iv) the applicant\u2019s ability to support himself or herself and\nany dependants; and\n(v) the applicant\u2019s health and character; and\n(b) thereafter, the Board or the Director of WORC shall either\nrevoke the Certificate or allow the continuation of the\nCertificate.\u201d.\n10.\nAmendment of section 42 \u2013 Certificate of Permanent Residence for persons\nof Independent Means\n10. The principal Law is amended in section 42 as follows \u2014\n(a)\nin subsection (2)(b) and (c), by inserting after the word \u201cspouse\u201d the words\n\u201cor civil partner\u201d; and\n(b) in subsection (3) by inserting after the word \u201cspouse\u201d the words \u201cor civil\npartner\u201d.\n11.\nAmendment of section 43 - spouse and dependants of the holder of a\nResidency Certificate for Persons of Independent Means or a Certificate of\nPermanent Residence for Persons of Independent Means\n11. The principal Law is amended in section 43 as follows \u2014\n(a)\nin the section header, by inserting after the word \u201cspouse\u201d the words \u201cor\ncivil partner\u201d;\n(b) in subsection (1), by inserting after the word \u201cspouse\u201d the words \u201c, civil\npartner\u201d; and\n(c)\nby repealing subsection (3) and substituting the following subsection \u2014\n\u201c(3) Upon \u2014\n\nImmigration (Transition) (Amendment) (No.2) Law, 2020\nSection 12\n\nc\nLaw 39 of 2020\nPage 13\n\n(a)\n the death of the holder of a Residency Certificate for Persons\nof Independent Means or a Certificate of Permanent Residence\nfor Persons of Independent Means; or\n(b) the dissolution of the marriage or civil partnership of the holder\nof a Residency Certificate for Persons of Independent Means or\na Certificate of Permanent Residence for Persons of\nIndependent Means,\nthe right of the surviving or former spouse or civil partner to reside\nin the Islands may be revoked at the discretion of the Director of\nWORC but the surviving or former spouse or civil partner may,\nwithin a period of three months of any revocation, apply for the grant\nof a Residency Certificate for Persons of Independent Means or a\nCertificate of Permanent Residence for Persons of Independent\nMeans upon satisfying the requirements of this section.\u201d.\n12.\nAmendment of section 47 - Certificate of Direct Investment\n12. The principal Law is amended in section 47 as follows \u2014\n(a)\nin subsection (2)(a) and (b), by inserting after the word \u201cspouse\u201d the words\n\u201cor civil partner\u201d;\n(b) in subsection (6), by inserting after the word \u201cspouse\u201d the words \u201c, civil\npartner\u201d;\n(c)\nin subsection (7) \u2014\n(i)\nby inserting after the word \u201cmarriage\u201d the words \u201cor civil\npartnership\u201d; and\n(ii) by inserting after the word \u201cspouse\u201d where it twice appears the words\n\u201cor civil partner\u201d; and\n(d) by repealing subsection (10) and substituting the following subsection \u2014\n\u201c(10) Where \u2014\n(a)\nthere is a change in the number of children who are dependants\nof the holder of a Certificate of Direct Investment;\n(b) the holder \u2014\n(i)\nmarries or enters into a civil partnership;\n(ii) divorces; or\n(iii) dissolves a civil partnership,\nsubsequent to the issue of the Certificate; or\n(c)\nchanges his or her occupation within the business or businesses,\nthe holder shall so inform the Director of WORC of the fact and the\nDirector of WORC may amend the Certificate accordingly and\n\nSection 13\nImmigration (Transition) (Amendment) (No.2) Law, 2020\n\nPage 14\nLaw 39 of 2020\nc\n\nsubject to such conditions as Director of WORC may, in the\nDirector\u2019s absolute discretion, determine.\u201d.\n13.\nAmendment of section 48 - revocation of Certificate of Direct Investment\n13. The principal Law is amended in section 48(g) by inserting after the word \u201cspouse\u201d\nthe words \u201cor civil partner\u201d.\n14.\nAmendment of section 49 - Certificate for Specialist Caregivers\n14. The principal Law is amended in section 49(7) by inserting after the word \u201cspouse\u201d\nthe words \u201c, civil partner\u201d.\n15.\nAmendment of section 50 - Residency Certificate (Substantial Business\nPresence)\n15. The principal Law is amended in section 50 as follows \u2014\n(a)\nin subsection (3) \u2014\n(i)\nin paragraph (a), by inserting after the word \u201cspouse\u201d the words \u201cor\ncivil partner\u201d; and\n(ii) in paragraph (b), by inserting after the words \u201cspouse\u201d the words \u201c,\nor civil partner,\u201d;\n(b) in subsection (6), by inserting after the words \u201cspouse\u201d the words \u201c, or\ncivil partner,\u201d;\n(c)\nby repealing subsection (7) and substituting the following subsection \u2014\n\u201c(7) Upon \u2014\n(a)\nthe death of the holder of an Approval-in-Principle Residency\nCertificate (Substantial Business Presence) or a Residency\nCertificate (Substantial Business Presence); or\n(b) the dissolution of the marriage or civil partnership of the holder\nof an Approval-in-Principle Residency Certificate (Substantial\nBusiness Presence) or a Residency Certificate (Substantial\nBusiness Presence),\nthe right of the dependent spouse or civil partner to reside in the\nIslands shall cease after a period of one year from the date of the\ndeath or the dissolution unless \u2014\n(i)\nthe spouse or civil partner can demonstrate to the\nsatisfaction of the Director of WORC that he or she can\nsupport himself or herself and any dependent children\nwithout having to become gainfully occupied in the\nIslands; or\n(ii) the holder is granted permission to remain under any other\nprovision of this Law.\u201d;\n\nImmigration (Transition) (Amendment) (No.2) Law, 2020\nSection 16\n\nc\nLaw 39 of 2020\nPage 15\n\n(d) by repealing subsection (9) and substituting the following subsection \u2014\n\u201c(9) Where \u2014\n(a)\nthere is a change in the number of children who are dependants\nof the holder of a Certificate issued under this section;\n(b) the holder \u2014\n(i)\nmarries or enters into a civil partnership;\n(ii) divorces;\n(iii) dissolves a civil partnership;\nsubsequent to the issue of the Certificate; or\n(c)\nthe holder changes his or her occupation within the business,\nthe holder shall so inform the Director of WORC of the fact and the\nDirector of WORC may amend the Certificate accordingly and\nsubject to such conditions as Director of WORC may, in the\nDirector\u2019s absolute discretion, determine.\u201d; and\n(e)\nin subsection (11)(f), by inserting after the word \u201cspouse\u201d the words \u201cor\ncivil partner\u201d.\n16.\nAmendment of section 53 - persons exempted\n16. The principal Law is amended in section 53(1)(d) by inserting after the word \u201cspouse\u201d\nthe words \u201cor civil partner\u201d.\n17.\nAmendment of section 58 - consideration of work permit by Board etc.\n17. The principal Law is amended in section 58 as follows \u2014\n(a)\nin subsection (3)(d), by inserting after the word \u201cspouse\u201d where it twice\nappears the words \u201cor civil partner\u201d; and\n(b) in subsection (5)(a), by inserting after the word \u201cspouse\u201d the words \u201cor\ncivil partner\u201d.\n18.\nAmendment of section 63 - grant or refusal of work permit\n18. The principal Law is amended in section 63(10) by inserting after the word \u201cspouse\u201d\nthe words \u201cor civil partner\u201d.\n19.\nAmendment of section 66 - term limits\n19. The principal Law is amended in section 66 as follows \u2014\n(a)\nby repealing subsection (10) and substituting the following subsection \u2014\n\u201c(10) A person \u2014\n(a)\nwho is married to, or in a civil partnership with \u2014\n(i)\na worker;\n\nSection 19\nImmigration (Transition) (Amendment) (No.2) Law, 2020\n\nPage 16\nLaw 39 of 2020\nc\n\n(ii) a person employed by the Government of the Islands;\n(iii) a person employed by the Government of the United\nKingdom, in the Islands;\n(iv) a person employed by any statutory authority or\nGovernment owned company, the employees of which are\nby law not required to hold work permits; or\n(v) a person who is working by operation of law with the\npermission granted under subsection (4) or (8),\nand whose right to work in the Islands will expire before that of\nhis or her spouse or civil partner;\n(b) whose marriage is, in the opinion of the Board or the Director\nof WORC, not a marriage of convenience; or\n(c)\nwhose civil partnership is, in the opinion of the Board or the\nDirector of WORC, not a civil partnership of convenience;\n(d) who is not living apart from his or her spouse or civil partner\nunder a decree of a competent court or under a deed of\nseparation; and\n(e)\nwho has not lived apart from his or her spouse or civil partner\nfor an aggregate period of three months out of the twelve\nmonths immediately preceding the application for the grant in\ncircumstances which, in the opinion of the Board or the Director\nof WORC, have led it to conclude that the marriage or civil\npartnership has broken down,\nmay, during the currency of the spouse\u2019s or the civil partner\u2019s work\npermit or contract of employment with the Government of the Islands\nor with the Government of the United Kingdom in the Islands or in\nthe period during which his or her spouse or civil partner is working\nby operation of law with permission granted under subsection (4) or\n(8), apply for the grant of a work permit or the renewal of an existing\nwork permit; and the Board or the Director of WORC may \u2014\n(i)\ngrant the application for a period not exceeding that of the\nspouse\u2019s or civil partner\u2019s work permit or any renewal thereof;\n(ii) grant the application for a period not exceeding that of the\nspouse\u2019s or civil partner\u2019s contract of employment; or\n(iii) grant the application for a period not exceeding that of the\nperiod for which his or her spouse or civil partner is working by\noperation of law or under permission granted under subsection\n(4) or (8).\u201d;\n(b) by repealing subsection (11) and substituting the following subsection \u2014\n\nImmigration (Transition) (Amendment) (No.2) Law, 2020\nSection 20\n\nc\nLaw 39 of 2020\nPage 17\n\n\u201c(11) A person working under subsection (10) whose spouse or civil\npartner is granted permanent residence under section 37 and who has\napplied for a Residency and Employment Rights Certificate as the\nspouse or civil partner of a permanent resident under section 37(16)\nwill not lose his or her right to work and may continue to be granted\nwork permits until the final determination of his or her application\nwhere that application was submitted within ninety days of the grant\nof his or her spouse\u2019s or civil partner\u2019s permanent residence.\u201d;\n(c)\nin subsection (12), by inserting after the word \u201cspouse\u201d where it twice\nappears the words \u201cor civil partner\u201d; and\n(d) by repealing subsection (13) and substituting the following subsection \u2014\n\u201c(13) The Board or the Director of WORC, in calculating under subsection\n(10)(d), the period of time that an applicant has spent apart from his\nor her spouse or civil partner , shall not take into account those\noccasions when either spouse\u2019s or civil partner\u2019s absences were\nbecause of medical, educational, business, vacation or other\nanalogous circumstances.\u201d.\n20.\nAmendment of section 70 - marriages of convenience\n20. The principal Law is amended by repealing section 70 and substituting the following\nsection \u2014\n\n\u201cMarriages and civil partnerships of convenience\n70. (1) A person who enters into a marriage of convenience or a civil\npartnership of convenience commits an offence and is liable on\nsummary conviction to a fine of ten thousand dollars and to\nimprisonment for one year.\n(2) If \u2014\n(a)\n a marriage officer has reasonable grounds for suspecting that a\nmarriage will be a marriage of convenience; or\n(b) the Registrar, a Civil Registrar or a civil partnership officer has\nreasonable grounds for suspecting that a civil partnership will\nbe a civil partnership of convenience,\nand fails to report his or her suspicion to the Director of WORC\nwithout delay and in such form and manner as may be prescribed, the\nmarriage officer, the Registrar, the Civil Registrar or the civil\npartnership officer commits an offence.\n(3) Subsection (2) also applies where \u2014\n(a)\na marriage is solemnised in the presence of a marriage officer;\nand\n\nSection 20\nImmigration (Transition) (Amendment) (No.2) Law, 2020\n\nPage 18\nLaw 39 of 2020\nc\n\n(b) a civil partnership is formalised in the presence of the Registrar,\na Civil Registrar or a civil partnership officer,\nwho, before, during or immediately after solemnisation of the\nmarriage or formalisation of the civil partnership, has reasonable\ngrounds for suspecting that the marriage or civil partnership will be,\nor is, a marriage of convenience or a civil partnership of\nconvenience.\u201d.\n\nAssented to by the Governor the 4th day of September, 2020.","akn_extracted_at":"2026-06-22 15:41:39.203623+00","cms_id":"2020-0039","law_type":"amending","year":"2020","number":"39","title":"Immigration (Transition) (Amendment) (No.2) Law, 2020 (law 39 of 2020)","status":"spent"},"provenance":{"files":[{"file_id":"6372","expr_id":"1531","kind":"akn_xml","filename":"2020-0039.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/AMENDING\/2020\/2020-0039\/2020-0039.akn.xml","content_md5":"7e4545e107f41bc695c85ffe1359775c","byte_size":"31784","http_last_modified":null,"fetched_at":"2026-06-22 15:41:39.486539+00"},{"file_id":"3061","expr_id":"1531","kind":"pristine_pdf","filename":"2020-0039.pdf","source_url":"\/cms\/images\/LEGISLATION\/AMENDING\/2020\/2020-0039\/2020-0039.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/AMENDING\/2020\/2020-0039\/2020-0039.pdf","content_md5":"e763a0fd146265ecb1215cb435553029","byte_size":"934338","http_last_modified":null,"fetched_at":"2026-06-16 04:01:10.829376+00"},{"file_id":"3062","expr_id":"1531","kind":"working_pdf","filename":"2020-0039.pdf","source_url":"\/cms\/images\/LEGISLATION\/AMENDING\/2020\/2020-0039\/2020-0039.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/AMENDING\/2020\/2020-0039\/2020-0039.pdf","content_md5":"e763a0fd146265ecb1215cb435553029","byte_size":"934338","http_last_modified":null,"fetched_at":"2026-06-16 04:01:10.829376+00"}],"paragraph_count":13,"latest_history":null},"quality":{"expr_id":"1531","doc_id":"1531","quality_state":"needs_review","quality_score":"72","needs_human_review":"t","deterministic_categories":"{commencement_metadata_problem,duplicate_text,page_header_footer_noise}","llm_categories":"{}","repair_actions":"{collapse_duplicate_text,strip_page_furniture,verify_commencement_metadata}","finding_severity_counts":"{\"low\": 1, \"medium\": 2}","finding_summary":"repeated line furniture detected: cayman islands x3; law 39 of 2020 x21; immigration transition amendment no 2 law 2020 x16; duplicate-line ratio is 17.10%","assessed_at":"2026-06-22 15:29:46.425228+00","updated_at":"2026-06-22 15:29:46.425228+00"}}