{"kind":"expression","expression":{"expr_id":"2359","doc_id":"2359","label":"Identification Register Regulations, 2025","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\/bill\/2025\/11\/eng@2025-01-01","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/bill\/2025\/11\", \"expression\": \"\/akn\/ky\/bill\/2025\/11\/eng@2025-01-01\", \"manifestation\": \"\/akn\/ky\/bill\/2025\/11\/eng@2025-01-01.pdf\"}, \"pdf\": {\"md5\": \"ff053a411e57fa205b08a53e4ec4ddb1\", \"path\": \"\/Users\/q\/kyleg-data\/working\/BILLS\/2025\/2025-0011\/2025-0011.pdf\", \"pages\": 58, \"filename\": \"2025-0011.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 20688, \"paragraph_count\": 38, \"text_char_count\": 128587}, \"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\": null, \"doc\": null, \"bill\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"IMMIGRATION (TRANSITION) (AMENDMENT AND VALIDATION) BILL, A BILL FOR AN ACT TO AMEND THE IMMIGRATION (TRANSITION) ACT (2022 REVISION) TO GIVE THE CAYMANIAN STATUS AND PERMANENT RESIDENCY BOARD AND THE DIRECTOR OF WORC THE DISCRETION TO ALLOW A RESIDENCY AND EMPLOYMENT RIGHTS CERTIFICATE TO REMAIN IN FORCE WHERE THE HOLDER\u2019S MARRIAGE OR CIVIL PARTNERSHIP IS, AMONG OTHER THINGS, DISSOLVED; TO MAKE EXEMPTIONS PROVIDED FOR UNDER SECTION 53(1)(b) EITHER UNCONDITIONAL OR SUBJECT TO SUCH CONDITIONS AS MAY BE DETERMINED BY CABINET; TO INTRODUCE TERM LIMITS FOR NON-CAYMANIAN CIVIL SERVANTS; TO INTRODUCE CERTIFICATES FOR COMMERCIAL FARMHANDS; TO PROVIDE FOR THE MAKING OF REGULATIONS TO DEAL WITH THE REFUNDS OF FEES IN CERTAIN CIRCUMSTANCES; TO PROVIDE FOR THE VALIDATION OF CERTAIN FEES CHARGED AND COLLECTED BY THE DIRECTOR OF WORC AND CERTAIN FINES IMPOSED; AND FOR INCIDENTAL AND CONNECTED PURPOSES Introduced PUBLISHING DETAILS Sponsoring Ministry\/Portfolio: Ministry of Caymanian Employment and Immigration Immigration (Transition) (Amendment and Validation) Bill, 2025 Objects and Reasons Introduced Memorandum of OBJECTS AND REASONS This Bill seeks to amend the Immigration (Transition) Act (2022 Revision) (the \u201cprincipal Act\u201d) to give the Caymanian Status and Permanent Residency Board and the Director of the Workforce, Opportunities and Residency Cayman Office (\u201cWORC\u201d) the discretion to permit a Residency and Employment Rights Certificate to remain in force where, among other things, the holder\u2019s marriage or civil partnership is dissolved. The Bill also seeks to amend the principal Act to make exemptions under section 53(1)(b) unconditional or subject to such conditions as may be determined by Cabinet. Additionally, the Bill amends the principal Act to introduce term limits for non-Caymanian civil servants and to introduce Certificates for Commercial Farmhands. The Bill amends the principal Act to provide for the refund of fees in prescribed circumstances. Further, the Bill provides for transitional arrangements for certain matters and for the validation of certain fees that were charged and collected without statutory authority by the Director of WORC and certain fines imposed without statutory authority. Clause 1 provides the short title and commencement of the legislation. Clause 2 amends section 1 of the principal Act by changing the short title. Clause 3 amends section 2 of the principal Act by introducing definitions for certain words, including definitions for the words \u201ccivil servant\u201d, \u201ccommercial farmhand\u201d and \u201cdeveloped real estate\u201d. Clause 4 amends the principal Act by inserting after section 8 proposed new section 8A. The proposed new section 8A provides that certain entities shall, on request, supply the Director of WORC or a relevant Board with information that is necessary for the exercise of the functions of the Director of WORC or the relevant Board. This requirement is subject to certain specified exceptions. Clause 5 amends section 11 of the principal Act as a consequence of the proposed new section 49A which provides for Certificates for Commercial Farmhands. The clause provides that among the functions and powers of the Cayman Brac and Little Cayman Immigration Board is the power to process and determine applications for commercial farmhands. Clause 6 amends section 13 of the principal Act as a consequence of the proposed new section 49A which provides for Certificates for Commercial Farmhands. The clause provides that among the functions and powers of the Work Permit Board is the power to process, determine and grant applications for commercial farmhands. Objects and Reasons Immigration (Transition) (Amendment and Validation) Bill, 2025 Introduced Clause 7 amends section 20 of the principal Act to delete the reference to appeals in respect of student visas, as student visas are dealt with under the Customs and Border Control Act (2024 Revision). The clause also amends section 20 of the principal Act by introducing prescribed financial standing requirements that an appellant under that section with dependants must meet to be allowed to remain in the Islands by the Director of WORC. Clause 8 amends section 21 of the principal Act the effect of which is to provide for appeals to the Immigration Appeals Tribunal by persons who are aggrieved by decisions of the Director of WORC relating to \u2014 (a) the loss of Residency and Employment Rights Certificates under section 40 of the principal Act; (b) a Certificate for Commercial Farmhands under the proposed new section 49A; and (c) the revocation of permission to reside permanently in the Islands based on the Director of WORC coming to the conclusion that the relevant marriage is a marriage of convenience or the relevant civil partnership is a civil partnership of convenience. Clause 9 amends section 26 of the principal Act, among other things, to provide for another mechanism by which a person who believes that that person possesses the right to be Caymanian under section 26(1)(b) may be formally confirmed by the Director of WORC as having that right. Clause 10 amends section 28 of the principal Act to vary the length of time for which certain categories of persons have to be legally and ordinarily resident in the Islands in order to acquire the right to be Caymanian under that section. Clause 10 also amends section 28 of the principal Act to vary the length of time for which a person has to be married or in a civil partnership with a Caymanian from a specified date before that person may apply for the grant of the right to be Caymanian. Additionally, the clause amends section 28 of the principal Act to provide for the requirement for a person who is granted the right to be Caymanian to provide annually a declaration containing prescribed particulars in respect of the person granted the right to be Caymanian and the person\u2019s dependants on the anniversary of the date of the grant of the right to be Caymanian or the date that the Board may specify. This obligation is proposed to last for a period of seven years after the person is granted the right to be Caymanian. Failure to provide the annual declaration is an offence and a ground for revocation of the right to be Caymanian. Further, clause 10 amends section 28 of the principal Act by introducing prescribed financial standing requirements for the surviving spouse or civil partner of a marriage or civil partnership who has dependants where the marriage or civil partnership has not subsisted for at least seven years, as part of the person\u2019s application for the right to permanently reside in the Islands. Immigration (Transition) (Amendment and Validation) Bill, 2025 Objects and Reasons Introduced Clause 11 amends section 33 of the principal Act, among other things, to provide that the holder of the right to be Caymanian by entitlement may lose that right where, after reaching the age of eighteen years, the person resides outside the Islands for a period of five years and the person fails to notify the Director of WORC accordingly. The clause also amends section 33 of the principal Act to provide that the right to be Caymanian granted by the Board may be revoked if the person fails to make the annual declaration required by proposed new section 28(6A). Clause 12 amends section 36 of the principal Act to clarify that a person shall pay the relevant prescribed fees in respect of the person, the person\u2019s spouse or civil partner and the person\u2019s dependants for the grant, and the continued approval, of the right to reside permanently in the Islands. Clause 13 amends section 37 of the principal Act to provide, among other things, that the spouse or civil partner of a permanent resident may apply to the Board or the Director of WORC for a Residency and Employment Rights Certificate, which if granted, will be for a period of fifteen years. The clause also provides that where the spouse or civil partner of a permanent resident who was granted a Residency and Employment Rights Certificate continues to hold the Residency and Employment Rights Certificate, the spouse or civil partner may, no more than one year prior to the end of the fifteen-year period, make an application to the Board or the Director of WORC, accompanied by the prescribed fee, for the Residency and Employment Rights Certificate to be renewed indefinitely. Then, after holding the Residency and Employment Rights Certificate that has been renewed indefinitely for a period of at least one year, the spouse or civil partner of a permanent resident in respect of whom the Residency and Employment Rights Certificate is renewed indefinitely may apply for a certificate of naturalisation or registration issued under the British Nationality Act, 1981. Clause 13 also amends section 37 of the principal Act to provide that where a nonCaymanian civil servant is granted permanent residence, the non-Caymanian civil servant may work within any occupation in the civil service without the requirement for the Residency and Employment Rights Certificate to be varied by the Board or the Director of WORC in order to specify that particular occupation. Further, clause 13 amends section 37 of the principal Act to provide for the repeal of subsections (18) and (20). The provisions relate to the discretion of the Board or the Director of WORC to revoke the right of a spouse or civil partner to reside in the Cayman Islands on the death of the holder of the Residency and Employment Rights Certificate or the dissolution of the holder\u2019s marriage or civil partnership. The repealed provisions have been amended and are proposed for insertion in section 40 of the principal Act by virtue of the amendments in clause 15. Clause 14 amends section 38 of the principal Act to make clear the entitlements and rights of the non-Caymanian spouse or civil partner of a Caymanian. Among other things, the clause sets out the steps to be taken by the non-Caymanian spouse or civil partner of a Objects and Reasons Immigration (Transition) (Amendment and Validation) Bill, 2025 Introduced Caymanian in order that the spouse or civil partner may reside or be gainfully employed in the Cayman Islands. The spouse or civil partner of a Caymanian may apply to the Director of WORC or the Caymanian Status and Permanent Residency Board for permission to reside in the Islands and if the application is successful the Director of WORC or the Board, as the case may be, shall grant to the applicant a Residency and Employment Rights Certificate which will be for a period of fifteen years. Where the spouse or civil partner of a Caymanian who was granted a Residency and Employment Rights Certificate continues to hold the Residency and Employment Rights Certificate, the spouse or civil partner may, no more than one year prior to the end of the fifteen-year period, make an application to the Director of WORC or the Board, accompanied by the prescribed fee, for the Residency and Employment Rights Certificate to be renewed indefinitely. Then, after holding the Residency and Employment Rights Certificate that has been renewed indefinitely for a period of at least one year, the spouse or civil partner of a Caymanian in respect of whom the Residency and Employment Rights Certificate is renewed indefinitely may apply for a certificate of naturalisation or registration issued under the British Nationality Act, 1981. Clause 14 also provides that the spouse or civil partner may continue to work under the terms and conditions of a work permit until its expiration where a work permit is in effect on the date of the marriage or civil partnership. Additionally, clause 14 provides that a person who is granted permanent residence under section 37 prior to entering into marriage or civil partnership with a Caymanian may apply for a Residency and Employment Rights Certificate under section 38 of the principal Act as the spouse or civil partner of a Caymanian. Further, the clause amends section 38 of the principal Act to provide for the requirement for a holder of a Residency and Employment Rights Certificate issued under that section to provide annually a declaration containing prescribed particulars in respect of the holder, and the holder\u2019s dependants on the anniversary of the date of issue of the Residency and Employment Rights Certificate or the date that the Board or the Director of WORC may specify. Failure to provide the annual declaration is an offence and a ground for revocation of the Residency and Employment Rights Certificate. Clause 15 amends section 40 of the principal Act to clarify that the rights of the holder of a Residency and Employment Rights Certificate who is the spouse or civil partner of a Caymanian or has obtained the Residency and Employment Rights Certificate as a result of marriage to or civil partnership with a holder of a Residency and Employment Rights Certificate may be revoked by the Board or the Director of WORC on a number of grounds. These grounds include where \u2014 (a) the marriage or civil partnership with a Caymanian or the holder of a Residency and Employment Rights Certificate is dissolved or annulled after seven years but before fifteen years of the marriage or civil partnership taking place; (b) the holder of the Residency and Employment Rights Certificate ceases to be legally and ordinarily resident in the Cayman Islands; or Immigration (Transition) (Amendment and Validation) Bill, 2025 Objects and Reasons Introduced (c) the holder of the Residency and Employment Rights Certificate and the spouse or civil partner are living apart under a decree of a competent court. The clause also sets out the steps to be taken by an affected person to apply for a Residency and Employment Rights Certificate where the Board or the Director of WORC exercises the discretion to revoke the original Residency and Employment Rights Certificate. Furthermore, clause 15 amends section 40 of the principal Act to clarify that where a person who is applying for a continuation of a Residency and Employment Rights Certificate on the basis that the person is or was the spouse of a Caymanian and that the person has a Caymanian child, the Caymanian child must be a child of both parties to the marriage or civil partnership with the Caymanian. The clause also amends section 40 of the principal Act to provide that where a person applies under section 40(2) for a continuation of the Residency and Employment Rights Certificate, the person shall provide the Board or the Director of WORC with proof \u2014 (a) of whether the person is able to support himself or herself, and whether the person meets the prescribed financial standing requirements to be able to support the Caymanian child and any other approved dependants; (b) that the person is financially supporting and contributing positively to the life of the person\u2019s Caymanian child and approved dependants; (c) that the person is of good character; and (d) that the person is in good health. Clause 16 amends section 42 of the principal Act to provide that an applicant for a Certificate of Permanent Residence for Persons of Independent Means must satisfy the Director of WORC that at the time that the application is made the applicant has invested the prescribed sum in developed real estate in the Islands and the paid-up amount of the investment as at the time of the application satisfies that prescribed sum. The clause also amends section 42 of the principal Act to provide that a Certificate of Permanent Residence for Persons of Independent Means, if granted, will be for a period of ten years. Further, the clause amends section 42 of the principal Act to provide that a Certificate of Permanent Residence for Persons of Independent Means may be renewed indefinitely, on application accompanied by the prescribed fee. Where the Certificate of Permanent Residence for Persons of Independent Means is renewed indefinitely, after continuing to hold that Certificate for a period of at least one year, the holder of that Certificate may apply for a certificate of naturalisation or registration issued under the British Nationality Act, 1981. Clause 17 amends section 47 of the principal Act to provide for a requirement that the holder of a Certificate of Direct Investment issued under section 47(3) provides an annual declaration in respect of the holder and the holder\u2019s dependants. Clause 18 amends section 49 of the principal Act to include an age limit in the list of eligibility criteria for a Certificate of Specialist Caregivers. Objects and Reasons Immigration (Transition) (Amendment and Validation) Bill, 2025 Introduced The clause also amends section 49 of the principal Act to provide that such a Certificate may be renewed for one further period of five years. Further, clause 18 amends section 49 of the principal Act to provide that a Certificate for Specialist Caregivers ceases to be valid on the holder of the Certificate attaining the age of sixty-five years. Clause 19 amends the principal Act by inserting after section 49 proposed new section 49A which introduces a Certificate for Commercial Farmhands. A Certificate for Commercial Farmhands permits a person to work or continue to work with an employer at an agricultural enterprise named in the Certificate in the capacity of a commercial farmhand or in another capacity where the person is caring for a farm or cultivating land. The proposed new section 49A provides that the employer or former employer of a person who meets certain criteria may apply to the Director of WORC or the relevant Board for the grant or renewal of a Certificate for Commercial Farmhands in respect of that person. Further, the proposed new section 49A provides that a Certificate for Commercial Farmhands ceases to be valid on the holder of the Certificate attaining the age of sixty-five years. Clause 20 amends section 50 of the principal Act to provide for a requirement that the holder of a Residency Certificate (Substantial Business Presence) issued under section 50(3) provides an annual declaration in respect of the holder and the holder\u2019s dependants. Clause 21 amends section 51 of the principal Act to introduce additional grounds on which a person\u2019s permission to reside permanently in the Islands may be revoked by the Board or the Director of WORC, including where there are reasonable grounds for suspecting that a marriage or civil partnership is one of convenience or that the person is not financially supporting, or contributing positively to the life of, the person\u2019s Caymanian child. Clause 22 amends section 52A of the principal Act as a consequence of the introduction of Certificates for Commercial Farmhands. The clause provides, among other things, that an employer or former employer who applies for a Certificate for Commercial Farmhands shall provide the Board or the Director of WORC with a vaccination certificate or other specified health information relating to the vaccination status of that employee or former employee. Clause 23 amends the principal Act by inserting after section 52B proposed new section 52C. The proposed new section 52C provides that for the purposes of certain specified sections of the principal Act, the reference to \u201cspecial circumstances\u201d shall be taken to mean instances where the child remains involuntarily either wholly or substantially dependent on the holder of the relevant certificate as a result of a physical or mental disability. Clause 24 amends section 53 of the principal Act to remove the exemption from the application of Part 7 of the principal Act that applied to persons employed by the Government of the Islands, as a consequence of the introduction of term limits in respect of non-Caymanian civil servants. Immigration (Transition) (Amendment and Validation) Bill, 2025 Objects and Reasons Introduced Notwithstanding this, the clause also amends section 53 of the principal Act to identify those provisions under Part 7 which will not apply with respect to the employment of nonCaymanian civil servants. The clause also amends section 53 of the principal Act to provide that Part 7 of the principal Act will not apply to judges, magistrates and persons employed by the Parliament Management Commission. Further, the clause amends section 53 of the principal Act to provide that an exemption of any person from the provisions under Part 7 may be unconditional or subject to conditions as may be determined by the Cabinet. Clause 25 amends section 55 of the principal Act to make it clear that persons employed as civil servants may carry on gainful occupation in the Islands, including gainful occupation in respect of any restricted area of employment. Clause 26 amends section 58 of the principal Act to make it mandatory for prospective employers, unless exempted by the Cabinet, the Board or the Director of WORC \u2014 (a) to pay the prescribed non-refundable fee to register a vacancy to which an application for a work permit relates for the vacancy to be posted on an electronic portal established and managed by WORC for a period of twenty-one days before the submission of the application; and (b) advertise the vacancy to which the application relates in a local newspaper or other prescribed media for a period of twenty-one days before the submission of the application. The clause also amends section 58 of the principal Act to provide that among the matters that are to be taken into account in respect of an application for the grant or renewal of a work permit is whether the resources or the proposed salary of the worker, are able to support the worker and, if applicable, the worker\u2019s spouse or civil partner. Where there are dependants, it will also be taken into account whether the resources or the proposed salary meet the prescribed financial standing requirements to be able to support the dependants. Clause 27 amends the principal Act by repealing and substituting section 64. The substituted section 64 provides that generally work permit holders are not permitted to change their employer within the first two years of the work permit being granted. This is subject to the exception where the person holding the work permit is a domestic helper seeking to be employed as a domestic helper by another employer. The clause further provides that unless the work permit holder satisfies the Director of WORC that there are certain prescribed circumstances which resulted in the work permit holder terminating employment within the first two years of the work permit granted, the former work permit holder shall leave the Islands for at least one year before any other prospective employer is able to apply for a work permit in respect of the person. Clause 28 amends section 66 of the principal Act to, among other things, deal with nonCaymanian civil servants who become workers as a consequence of the introduction of term limits in respect of non-Caymanian civil servants. Objects and Reasons Immigration (Transition) (Amendment and Validation) Bill, 2025 Introduced Clause 29 amends the principal Act by inserting proposed sections 66A, 66B and 66C. The proposed section 66A provides that the Cabinet may make regulations exempting a class, or categories of a class, of workers from the term limit requirement under section 66. The proposed section 66B provides for the introduction of term limits for non-Caymanian civil servants. The proposed section 66C provides that where an exemption relating to the appointment or reappointment of a non-Caymanian as a civil servant is granted under the Public Service Management Act (2018 Revision), that exemption shall be treated as an exemption from the term limit requirement under proposed section 66B for the period of the exemption granted under the Public Service Management Act (2018 Revision). Proposed section 66C also provides that where such an exemption is granted, the relevant appointing officer shall notify the Cabinet in writing of the exemption within thirty working days after the decision to grant the exemption is made. Clause 30 amends section 67 of the principal Act to empower the Director of WORC, after consultation with the Minister, to prescribe, by notice published in the Gazette, the fee for a work permit or temporary work permit in a case where an occupation for which a work permit or temporary work permit is being sought is not prescribed. The fee prescribed by the Director of WORC shall not exceed the highest annual work permit fee prescribed under section 72(2)(f). Clause 31 amends section 70 of the principal Act to provide that a marriage officer, a Registrar, a Civil Registrar or a civil partnership officer shall request prescribed information from the parties to an intended marriage or a marriage, or an intended civil partnership or a civil partnership for the purposes of determining whether there are reasonable grounds for suspicion that the marriage or civil partnership is one of convenience. The clause also amends section 70 of the principal Act to provide that the failure to comply with any such request shall be taken into account by the marriage officer, Registrar, Civil Registrar or civil partnership officer, unless there are exceptional circumstances that have caused the non-compliance. Clause 32 amends the principal Act by inserting proposed new section 71A. The proposed new section empowers the Director of WORC to re-issue certificates and provide duplicates of any licence or permit granted under the Act on the application by the person to whom the original was issued or granted and on the payment of the applicable fees. Clause 33 amends section 72 of the principal Act to empower the Cabinet to make regulations to prescribe the information which may be requested in order to determine whether there are reasonable grounds for suspicion that a marriage or civil partnership is a marriage or civil partnership of convenience. The clause also amends section 72 of the principal Act to provide at subsection (2)(f) that regulations may prescribe, among other things, the fees payable in respect of the reissue of a certificate or a document and the provision of any duplicate of a licence or permit. The clause provides further at proposed subsection (2)(fb) that regulations may provide for the Immigration (Transition) (Amendment and Validation) Bill, 2025 Objects and Reasons Introduced refund, waiver or reduction of those fees and may prescribe the circumstances under which the fees may be refunded, waived or reduced. Further, clause 33 amends section 72 of the principal Act, by way of the insertion of subsections (3) and (4). Proposed subsection (3) provides that regulations made under the legislation may prescribe that the contravention of the regulations constitutes an offence for which the person is liable on summary conviction, to a fine of twenty thousand dollars or to imprisonment for a term of two years, or to both. Proposed subsection (4) provides that the power to make regulations under subsection (2) includes, among other things, the power to provide for such exceptions, limitations or conditions that the Cabinet considers necessary or expedient. Clause 34 amends the principal Act by inserting after section 75 proposed new section 75A. The proposed new section provides for the offence of submitting false information concerning one\u2019s financial standing. The proposed new section also stipulates that the provision of false information in relation to one\u2019s financial standing is a ground for revocation of the relevant Certificate or work permit. Clause 35 amends the principal Act by inserting after section 83 proposed new section 83A. The proposed new section 83A provides for various transitional matters as a consequence of the amendments proposed under the legislation. Clause 36 provides for the validation of fees collected by and paid to the Director of WORC without statutory authority for the re-issuing of certificates or documents and for the provision of duplicates of licences and permits prior to the commencement of the relevant provision this legislation. Clause 36 also provides for the validation of certain fines imposed by the court without statutory authority prior to the commencement of the relevant provision of this legislation. Clause 37 provides that this legislation does not affect any order or determination made by a court relating to fees collected by and paid to the Director of WORC for the re-issuing of certificates or documents and for the provision of duplicates of licences and permits prior to the commencement of the relevant provision of this legislation. Clause 37 also provides that this legislation does not affect any order or determination made by a court relating to fines imposed by the court on persons convicted of offences under regulations made under the principal Act prior to the commencement of the relevant provision of this legislation. Immigration (Transition) (Amendment and Validation) Bill, 2025 Arrangement of Clauses Introduced IMMIGRATION (TRANSITION) (AMENDMENT AND VALIDATION) BILL, 2025 Arrangement of Clauses Clause 1. 2. 3. 4. 5.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Amendment of section 13 - functions of Boards; Head of Work Permits, Cayman Status 7. 8. 9. 10. 11. 12.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Amendment of section 37 - persons legally and ordinarily resident in the Islands for at\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Amendment of section 38 - Residency and Employment Rights Certificate for spouse or 15.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Amendment of section 42 - Certificate of Permanent Residence for Persons of 17.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Arrangement of Clauses Immigration (Transition) (Amendment and Validation) Bill, 2025 Introduced 19. 20. 21. 22. 23. 24. 25. 26. 27. 28.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_29\", \"num\": \"29.\", \"text\": \"Insertion of sections 66A, 66B and 66C - exemption from term limits under section 66; term limits for non-Caymanian civil servants; exemption from term limits under section 30. 31. 32. 33.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_34\", \"num\": \"34.\", \"text\": \"Insertion of section 75A - offence to submit false information concerning financial 35. 36.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_37\", \"num\": \"37.\", \"text\": \"Immigration (Transition) (Amendment and Validation) Bill, 2025 Clause 1 Introduced IMMIGRATION (TRANSITION) (AMENDMENT AND VALIDATION) BILL, 2025 A BILL FOR AN ACT TO AMEND THE IMMIGRATION (TRANSITION) ACT (2022 REVISION) TO GIVE THE CAYMANIAN STATUS AND PERMANENT RESIDENCY BOARD AND THE DIRECTOR OF WORC THE DISCRETION TO ALLOW A RESIDENCY AND EMPLOYMENT RIGHTS CERTIFICATE TO REMAIN IN FORCE WHERE THE HOLDER\u2019S MARRIAGE OR CIVIL PARTNERSHIP IS, AMONG OTHER THINGS, DISSOLVED; TO MAKE EXEMPTIONS PROVIDED FOR UNDER SECTION 53(1)(b) EITHER UNCONDITIONAL OR SUBJECT TO SUCH CONDITIONS AS MAY BE DETERMINED BY CABINET; TO INTRODUCE TERM LIMITS FOR NON-CAYMANIAN CIVIL SERVANTS; TO INTRODUCE CERTIFICATES FOR COMMERCIAL FARMHANDS; TO PROVIDE FOR THE MAKING OF REGULATIONS TO DEAL WITH THE REFUNDS OF FEES IN CERTAIN CIRCUMSTANCES; TO PROVIDE FOR THE VALIDATION OF CERTAIN FEES CHARGED AND COLLECTED BY THE DIRECTOR OF WORC AND CERTAIN FINES IMPOSED; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title and commencement 1. (1) This Act may be cited as the Immigration (Transition) (Amendment and Validation) Act, 2025. Clause 2 Immigration (Transition) (Amendment and Validation) Bill, 2025 Introduced (2) Subject to subsection (3), this Act comes into force on such date as may be appointed by Order made by the Cabinet and different dates may be appointed for different provisions of this Act and in relation to different matters. (3) The following sections come into force immediately after the commencement of the regulations made under section 67(1)(aa) and 67(1)(ab) of the Public Service Management Act (2018 Revision) \u2014 (a) section 3(b)(iii) and (iv); (b) section 13(a), (b) and (c); (c) section 24(a)(i), (b) and (c); (d) section 28(a), (b), (c), (d), (e)(i) (only as it relates to the amendments to section 66(10)(a)(ii) and (iv) of the principal Act) and (e)(iv); (e) section 29; and (f) proposed section 83A(7) in section 35.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Amendment of section 1 of the Immigration (Transition) Act (2022 Revision) - short title 2. The Immigration (Transition) Act (2022 Revision), in this Act referred to as the \u201cprincipal Act\u201d, is amended in section 1 by deleting the words \u201cImmigration (Transition)\u201d and substituting the words \u201cCaymanian Protection\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Amendment of section 2 - interpretation 3. The principal Act is amended in section 2 as follows \u2014 (a) by renumbering section 2 as section 2(1); (b) in section 2(1) as renumbered, as follows \u2014 (i) in the definition of the words \u201cmedical certificate\u201d, by inserting after the words \u201cmeans\u201d the words \u201c, in relation to sections 52A, 52B, 53A(3), 56(4A), 63(7B) and 66(5A),\u201d; (ii) by deleting the definition of the words \u201cspecial circumstances\u201d; (iii) by deleting the definition of the words \u201cterm limit\u201d and substituting the following definition \u2014 \u201c \u201cterm limit\u201d means \u2014 (a) in relation to a worker, the maximum period of time in respect of which work permits may be granted or renewed for a worker as prescribed in section 66(1); and (b) in relation to a non-Caymanian civil servant, the maximum period of time as prescribed in section 66B(1);\u201d; (iv) by deleting the definition of the word \u201cworker\u201d and substituting the following definition \u2014 Immigration (Transition) (Amendment and Validation) Bill, 2025 Clause 3 Introduced \u201c \u201cworker\u201d means a person, including an employee of a statutory authority or a government company, in respect of whom a work permit has been or may be granted or renewed under Part 7;\u201d; and (v) by inserting in the appropriate alphabetical sequence, the following definitions \u2014 \u201c \u201ccivil servant\u201d means a person employed by the government and is a public officer for the purposes of the Constitution, but does not include \u2014 (a) a person employed by a government company or statutory authority; (b) a Member of the Parliament other than an Official Member; or (c) a person referred to in section 53(1)(a)(i); \u201ccivil service\u201d means the group comprising all civil servants; \u201ccommercial farmhand\u201d means \u2014 (a) a farmer, livestock farmer, general farmhand, farmer helper or a person who otherwise cares for a farm or who cultivates land; and (b) who is employed with an agricultural enterprise that is registered with the Department of Agriculture as a commercial agricultural producer; \u201cCustoms and Border Control Service\u201d has the meaning assigned by section 2 of the Customs and Border Control Act (2024 Revision); \u201cDepartment of Community Rehabilitation\u201d means the department of Government having responsibility for providing services relating to the rehabilitation and management of adult offenders; \u201cDepartment of Children and Family Services\u201d means the department of Government having responsibility for the welfare of children; \u201cDepartment of Financial Assistance\u201d means the department of Government referred to in section 3 of the Financial Assistance Act, 2022; \u201cdeveloped real estate\u201d means \u2014 (a) one strata lot; (b) one parcel; or (c) one set of contiguous parcels, that has undergone a physical improvement to land in the nature of buildings, structures or other improvements that enhances the value of the land for industrial, agricultural, commercial or residential Clause 3 Immigration (Transition) (Amendment and Validation) Bill, 2025 Introduced purposes, and in the case of real estate for industrial, commercial or residential purposes, a certificate of occupancy has been issued, where applicable; \u201cgovernment company\u201d means \u2014 (a) a company in which the Government has a controlling interest; and (b) in respect of each such company, includes all subsidiary entities of the company; \u201cgovernment entity\u201d means any body of the Government and includes a ministry, portfolio, statutory authority, government company, the Office of the Ombudsman, the Office of the Director of Public Prosecutions and the Audit Office; \u201cHealth Insurance Commission\u201d means the Health Insurance Commission established under section 3 of the Health Insurance Commission Act (2016 Revision); \u201cHealth Services Authority\u201d means the Cayman Islands Health Services Authority established by section 3 of the Health Services Authority Act (2018 Revision); \u201cmagistrate\u201d has the meaning assigned by section 2 of the Summary Jurisdiction Act (2025 Revision); \u201cOfficial Member\u201d means the Deputy Governor or the Attorney General; \u201cpaid-up amount\u201d, in relation to an investment in developed real estate, means the amount that has been paid toward the purchase price, mortgage principal or development cost by an applicant at the time of a relevant application, and which is free from any outstanding financing obligations; \u201cparcel\u201d has the meaning assigned by section 2 of the Registered Land Act (2018 Revision); \u201cParliament Management Commission\u201d means the Parliament Management Commission established by section 3 of the Parliament (Management) Act (2023 Revision); \u201cPortfolio of the Civil Service\u201d has the meaning assigned by section 2(1) of the Public Service Management Act (2018 Revision); \u201cRoyal Cayman Islands Police Service\u201d means the Royal Cayman Islands Police Service referred to in section 3 of the Police Act (2021 Revision); \u201cstatutory authority\u201d means an entity established by a law to carry out functions that are capable, under that law, of being funded, partly or entirely, by money provided by the Government, and for which Immigration (Transition) (Amendment and Validation) Bill, 2025 Clause 4 Introduced the Governor, the Cabinet or the Government has the power to appoint or dismiss the majority of the Board or other governing body; \u201cstrata lot\u201d has the meaning assigned by section 2(1) of the Strata Titles Registration Act (2013 Revision); and \u201cworking day\u201d means a day of the week, excluding Saturdays, Sundays and public general holidays.\u201d; and (c) by inserting after subsection (1) the following subsection \u2014 \u201c(2) Where, for the purposes of an application under this Act \u2014 (a) a person\u2019s health is to be taken into consideration; or (b) there is a requirement for the person to be in good health, as evidence of such health, the person shall provide a medical certificate dated no more than three months before the date on which the relevant application is made.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Insertion of section 8A - sharing of information with WORC or a Board 4. The principal Act is amended by inserting after section 8 the following section \u2014 \u201cSharing of information with WORC or a Board 8A.(1) The entities referred to in subsection (2) shall, on request, supply the Director of WORC, or a relevant Board, with information that is necessary for the exercise of the functions of the Director of WORC or the relevant Board in \u2014 (a) processing applications for work permits, grants for Caymanian status, permanent residence and any other category of residence; (b) exercising functions relating to the revocation of work permits, grants of Caymanian status, permanent residence and any other category of residence; and (c) promoting and facilitating the employment of Caymanians and other prescribed persons in the Islands, through the use of various facilities and services. (2) For the purposes of subsection (1), the entities are as follows \u2014 (a) the Royal Cayman Islands Police Service; (b) the Customs and Border Control Service; (c) the Director of Public Prosecutions; (d) the Department of Community Rehabilitation; (e) the Department of Children and Family Services; (f) the Department of Financial Assistance; Clause 5 Immigration (Transition) (Amendment and Validation) Bill, 2025 Introduced (g) the Health Insurance Commission; (h) the Health Services Authority; (i) the Portfolio of the Civil Service; (j) the department of Government known as the Department of Commerce and Investment; (k) the department of Government responsible for the administrative services relating to the delivery of the scholarships programme; and (l) the unit of Government responsible for national training and development. (3) An entity referred to in subsection (2) is not required to disclose information under this section if the disclosure of the particular information \u2014 (a) is likely to prejudice \u2014 (i) the conduct of legal proceedings, whether criminal or civil, and whether arising under, or by virtue of, this Act or otherwise; or (ii) the maintenance of the law, including prejudice to the prevention, detection, investigation, prosecution and punishment of offences, and this prejudice is likely to outweigh the benefits of disclosure; (b) the information would be privileged from production in legal proceedings on the ground of legal professional privilege; or (c) the disclosure would be in contempt of court. (4) This section does not affect any other power, duty or obligation conferred or imposed on an entity referred to in subsection (2) to provide information to the Director of WORC or a relevant Board.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Amendment of section 11 - Cayman Brac and Little Cayman Immigration Board 5. The principal Act is amended in section 11(6)(b) by inserting after the word \u201cCaregivers\u201d the words \u201cand Commercial Farmhands\u201d. 6. Amendment of section 13 - functions of Boards; Head of Work Permits, Cayman Status and Permanent Residence 6. The principal Act is amended in section 13(3)(a)(ii) by inserting after the word \u201cCaregivers\u201d the words \u201cand Commercial Farmhands\u201d. Immigration (Transition) (Amendment and Validation) Bill, 2025 Clause 7 Introduced\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Amendment of section 20 - appeals from decisions of an officer 7. The principal Act is amended in section 20 as follows \u2014 (a) in subsection (2), by repealing paragraph (a); (b) by repealing subsection (3) and substituting the following subsection \u2014 \u201c(3) An appellant under subsection (2) may be allowed to remain in the Islands if the appellant satisfies the Director of WORC that the person is able to support himself or herself and, where the person has dependants, that that person meets the prescribed financial standing requirements to be able to support the person\u2019s dependants.\u201d; and (c) in subsection (4), by deleting the words \u201csubsection (2)(b)\u201d and substituting the words \u201csubsection (2)\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Amendment of section 21 - appeals from decisions of Boards and Director of WORC 8. The principal Act is amended in section 21(1) by deleting the words \u201cunder section 37, 49 or 56(5)\u201d and substituting the words \u201cunder section 37, 40, 49, 49A, 51(1)(lb), 51(lc) or 56(5),\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Amendment of section 26 - categories of Caymanians 9. The principal Act is amended in section 26 as follows \u2014 (a) in subsection (2), by deleting the words \u201csubsection (1)\u201d and substituting the words \u201csubsection (1)(a), (c), (d) or (e)\u201d; (b) by inserting after subsection (2) the following subsection \u2014 \u201c(2A)A person who believes that the person possesses the right to be Caymanian under subsection (1)(b) \u2014 (a) may apply in the prescribed form and manner to the Director of WORC for the formal confirmation of that right in that person\u2019s passport; and (b) within fourteen days after receiving the application, the Director of WORC shall either provide the confirmation or give written reasons for the refusal to do so. (2B) Where the person under subsection (2A) is granted formal confirmation of the right to be Caymanian under subsection (1)(b) by virtue of having a Caymanian parent or grandparent, the Caymanian parent or grandparent, on presenting the Caymanian parent\u2019s or grandparent\u2019s passport to the Director of WORC, shall be formally confirmed by the Director of WORC in that passport, as having the right to be Caymanian.\u201d; and (c) in subsection (4), by deleting the words \u201cunder subsection (2) or (3)\u201d and substituting the words \u201cunder subsection (2), (2A), (2B) or (3)\u201d. Clause 10 Immigration (Transition) (Amendment and Validation) Bill, 2025 Introduced\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Amendment of section 28 - acquisition of the right to be Caymanian by grant of the Board 10. The principal Act is amended in section 28 as follows \u2014 (a) in subsection (3) as follows \u2014 (i) by deleting the words \u201cfifteen years\u201d and substituting the words \u201ctwenty years\u201d; and (ii) by deleting the words \u201cfive years\u201d and substituting the words \u201cten years\u201d; (b) in subsection (4), by deleting the words \u201cfifteen years\u201d and substituting the words \u201ctwenty years\u201d; (c) in subsection (5) as follows \u2014 (i) by repealing paragraph (a) and substituting the following paragraph \u2014 \u201c(a) who has been married to, or in a civil partnership with, a person who is Caymanian at the date of the marriage or civil partnership or who has been married to, or in a civil partnership with, a person who becomes Caymanian during the marriage or the civil partnership \u2014 (i) for at least five years immediately preceding the application, where the marriage took place prior to 1st January, 2004; (ii) for at least seven years immediately preceding the application, where the marriage took place on or after 1st January, 2004 but prior to the date of commencement of section 10(c) of the Immigration (Transition) (Amendment and Validation) Act, 2025; (iii) for at least seven years immediately preceding the application, where the civil partnership took place prior to the date of commencement of section 10(c) of the Immigration (Transition) (Amendment and Validation) Act, 2025; or (iv) for at least fifteen years immediately preceding the application, where the marriage or civil partnership took place on or after the date of commencement of section 10(c) of the Immigration (Transition) (Amendment and Validation) Act, 2025;\u201d; and (ii) by repealing paragraph (e) and substituting the following paragraph \u2014 \u201c(e) who has not lived apart from his or her spouse or civil partner for an aggregate period of three months \u2014 Immigration (Transition) (Amendment and Validation) Bill, 2025 Clause 10 Introduced (i) out of the five years immediately preceding the application, where the marriage took place prior to 1st January, 2004; (ii) out of the seven years immediately preceding the application, where the marriage took place on or after 1st January, 2004 but prior to the date of commencement of section 10(c) of the Immigration (Transition) (Amendment and Validation) Act, 2025; (iii) out of the seven years immediately preceding the application, where the civil partnership took place prior to the date of commencement of section 10(c) of the Immigration (Transition) (Amendment and Validation) Act, 2025; or (iv) out of the fifteen years immediately preceding the application, where the marriage or civil partnership took place on or after the date of commencement of section 10(c) of the Immigration (Transition) (Amendment and Validation) Act, 2025;\u201d; (d) by inserting after subsection (6) the following subsections \u2014 \u201c(6A) A person who is granted the right to be Caymanian pursuant to an application made under subsection (5) shall, for a period of seven years after being granted that right, provide annually a declaration containing prescribed particulars in respect of the person granted the right to be Caymanian and the person\u2019s dependants \u2014 (a) on the anniversary of the date of the grant of the right to be Caymanian; or (b) on the date that the Board may specify. (6B) The failure of the person who is granted the right to be Caymanian to provide the declaration under subsection (6A) is an offence and a ground for revocation of the right to be Caymanian.\u201d; (e) in subsection (7), by repealing paragraph (a) and substituting the following paragraph \u2014 \u201c(a) was married to, or in a civil partnership with, the deceased \u2014 (i) for at least seven years at the time of the death of the Caymanian spouse or civil partner, in the case of a person referred to in subsection (5)(a)(ii) or (iii); or (ii) for at least fifteen years at the time of the death of the Caymanian spouse or civil partner, in the case of a person referred to in subsection (5)(a)(iv);\u201d; (f) in subsection (8), as follows \u2014 Clause 11 Immigration (Transition) (Amendment and Validation) Bill, 2025 Introduced (i) by inserting after the words \u201cseven years\u201d the words \u201cor fifteen years, as applicable,\u201d; and (ii) by repealing paragraph (d) and substituting the following paragraph \u2014 \u201c(d) whether the applicant is able to support himself or herself and, where the applicant has dependants, whether the applicant meets the prescribed financial standing requirements to be able to support the applicant\u2019s dependants; and\u201d; and (g) by repealing subsection (10) and substituting the following subsection \u2014 \u201c(10) A person who is Caymanian by entitlement and \u2014 (a) who has attained the age of seventeen years; (b) whose Caymanian status by entitlement \u2014 (i) will expire when that person attains the age of eighteen years; or (ii) has expired on that person having attained the age of eighteen years; and (c) has been legally and ordinarily resident in the Islands for at least five out of the seven years immediately preceding the date of the application, may apply to the Board for the grant of the right to be Caymanian, and the application shall be granted unless the Board has compelling reasons for refusing it, and the grant shall take effect when the person attains the age of eighteen years or, where that person is already eighteen years, from the date of the grant.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Amendment of section 33 - revocation of right to be Caymanian 11. The principal Act is amended in section 33 as follows \u2014 (a) in subsection (1), by repealing paragraphs (c) and (ca) and substituting the following paragraphs \u2014 \u201c(c) where there are reasonable grounds for suspecting that the marriage of the holder, being the spouse of a Caymanian, is a marriage of convenience and which have led the Board to conclude that the marriage is a marriage of convenience; (ca) where there are reasonable grounds for suspecting that the civil partnership of the holder, being the civil partner of a Caymanian, is a civil partnership of convenience and which have led the Board to conclude that the civil partnership is a civil partnership of convenience; Immigration (Transition) (Amendment and Validation) Bill, 2025 Clause 12 Introduced (cb) where the person fails to make the annual declaration in respect of himself or herself and the person\u2019s dependants, as required by section 28(6A); or\u201d; and (b) by repealing subsection (2) and substituting the following subsection \u2014 \u201c(2) The holder of the right to be Caymanian by entitlement under this Act or under any analogous provision in an earlier Act \u2014 (a) may lose that right where \u2014 (i) the person has not been legally and ordinarily resident in the Islands for a period of seven years immediately before reaching the age of eighteen years; or (ii) after reaching the age of eighteen years, the person resides outside the Islands for a period of five years; and (b) shall notify the Director of WORC immediately of the relevant circumstances involving that person\u2019s legal and ordinary residence in the Islands or absence from the Islands, as applicable, and wilful failure to do so is an offence.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Amendment of section 36 - categories of permanent residence 12. The principal Act is amended in section 36 by inserting after subsection (2) the following subsection \u2014 \u201c(2A) In accordance with this Act and the regulations, a person shall pay the relevant prescribed fees in respect of the person, the person\u2019s spouse or civil partner and the person\u2019s dependants for the grant, and the continued approval, of the right to reside permanently in the Islands.\u201d. 13. Amendment of section 37 - persons legally and ordinarily resident in the Islands for at least eight years 13. The principal Act is amended in section 37 as follows \u2014 (a) in subsection (4), as follows \u2014 (i) by inserting after the words \u201csection 66(4)\u201d the words \u201cor 66B(3)\u201d; and (ii) by repealing paragraph (b) and substituting the following paragraph \u2014 \u201c(b) in the case of a non-Caymanian civil servant, until the nonCaymanian civil servant re-qualifies under the criteria contained in this section having taken the break in stay required under section 66B(1).\u201d; (b) in subsection (5), by deleting the words \u201cbut the Certificate\u201d and substituting the words \u201cbut, subject to subsection (5A), the Certificate\u201d; Clause 13 Immigration (Transition) (Amendment and Validation) Bill, 2025 Introduced (c) by inserting after subsection (5) the following subsection \u2014 \u201c(5A)Where a non-Caymanian civil servant is granted permanent residence, the non-Caymanian civil servant may work within any occupation in the civil service without the requirement for the Residency and Employment Rights Certificate to be varied by the Board or the Director of WORC in order to specify that particular occupation.\u201d; (d) in subsection (12), by inserting after the words \u201cthe holder\u2019s dependants\u201d the words \u201con the anniversary of the date of issue of the Residency and Employment Rights Certificate or on the date that the Board or the Director of WORC may specify\u201d; (e) by repealing subsection (16) and substituting the following subsections \u2014 \u201c(16) The spouse or civil partner of a permanent resident may apply in the prescribed form and manner to the Board or the Director of WORC for a Residency and Employment Rights Certificate, which if granted will be for a period of fifteen years, subject to the same conditions and entitlements as specified in subsection (5). (16A)The application under subsection (16) shall be accompanied by \u2014 (a) evidence as to the stability of the marriage or civil partnership and a statement as to the number of dependants, if any, of the spouse or civil partner; and (b) the prescribed fee. (16B)The Board or the Director of WORC shall take into account the following \u2014 (a) that the spouse or civil partner of the applicant is a permanent resident; (b) whether there are reasonable grounds to suspect that the marriage is a marriage of convenience; (c) whether there are reasonable grounds to suspect that the civil partnership is a civil partnership of convenience; (d) that the applicant is of good character; (e) that the applicant is in good health; (f) that the marriage or civil partnership is stable; and (g) that the applicant and the applicant\u2019s spouse or civil partner have sufficient financial means to support themselves and, where there are dependants listed on the application as accompanying the applicant, the applicant meets the prescribed financial standing requirements to be able to support those dependants. Immigration (Transition) (Amendment and Validation) Bill, 2025 Clause 14 Introduced (16C)Where the spouse or civil partner of a permanent resident who was granted a Residency and Employment Rights Certificate under subsection (16) continues to hold the Residency and Employment Rights Certificate, no more than one year prior to the end of the fifteen-year period \u2014 (a) the spouse or civil partner may make an application to the Board or the Director of WORC in the prescribed form and manner, accompanied by the prescribed fee, for the Residency and Employment Rights Certificate to be renewed indefinitely; and (b) the Residency and Employment Rights Certificate may be renewed indefinitely at the discretion of the Board or the Director of WORC. (16D)Where the Director of WORC or the Board renews the Residency and Employment Rights Certificate indefinitely under subsection (16C) \u2014 (a) the spouse or civil partner of a permanent resident in respect of whom the Residency and Employment Rights Certificate is renewed indefinitely shall continue to comply with any relevant requirements as the holder of a Residency and Employment Rights Certificate, including, where applicable, the payment of prescribed fees; and (b) after continuing to hold the Residency and Employment Rights Certificate that has been renewed indefinitely for a period of at least one year, the spouse or civil partner of a permanent resident in respect of whom the Residency and Employment Rights Certificate is renewed indefinitely may apply for a certificate of naturalisation or registration issued under the British Nationality Act, 1981.\u201d; (f) by repealing subsections (18) and (20); (g) in subsection (21), by deleting the words \u201csubsection (5) or (18)\u201d and substituting the words \u201csubsection (5) or section 40(1A)\u201d; and (h) in subsection (23), by deleting the words \u201cthis section or section 38\u201d and substituting the words \u201cthis section, section 38 or section 40(1A)\u201d. 14. Amendment of section 38 - Residency and Employment Rights Certificate for spouse or civil partner of a Caymanian 14. The principal Act is amended in section 38 as follows \u2014 (a) by repealing subsection (1) and substituting the following subsections \u2014 \u201c(1) Subject to section 40(3) \u2014 Clause 14 Immigration (Transition) (Amendment and Validation) Bill, 2025 Introduced (a) the spouse or civil partner of a Caymanian may apply to the Director of WORC or the Caymanian Status and Permanent Residency Board in the prescribed form and manner for permission to reside in the Islands; and (b) if the application is successful the Director of WORC or the Caymanian Status and Permanent Residency Board, as the case may be, shall grant to the applicant a Residency and Employment Rights Certificate which will be for a period of fifteen years.\u201d; (b) by repealing subsection (2) and substituting the following subsection \u2014 \u201c(2) The application under subsection (1) shall be accompanied by \u2014 (a) evidence as to the stability of the marriage or civil partnership and a statement as to the number of dependants, if any, of the spouse or civil partner; and (b) the prescribed fee.\u201d; (c) by repealing subsection (3) and substituting the following subsection \u2014 \u201c(3)The Director of WORC or the Board shall take into account the following \u2014 (a) that the spouse or civil partner of the applicant is a Caymanian; (b) whether there are reasonable grounds to suspect that the marriage is a marriage of convenience; (c) whether there are reasonable grounds to suspect that the civil partnership is a civil partnership of convenience; (d) that the applicant is of good character; (e) that the applicant is in good health; (f) that the marriage or civil partnership is stable; and (g) that the applicant and the applicant\u2019s spouse or civil partner have sufficient financial means to support themselves and, where there are dependants listed on the application as accompanying the applicant, the applicant meets the prescribed financial standing requirements to be able to support those dependants.\u201d; (d) by inserting after subsection (3) the following subsections \u2014 \u201c(3A)Subject to section 40(3), where the spouse or civil partner of a Caymanian who was granted a Residency and Employment Rights Certificate under subsection (1) continues to hold the Residency and Employment Rights Certificate, no more than one year prior to the end of the fifteen-year period \u2014 (a) the spouse or civil partner may make an application to the Director of WORC or the Caymanian Status and Permanent Immigration (Transition) (Amendment and Validation) Bill, 2025 Clause 14 Introduced Residency Board in the prescribed form and manner, accompanied by the prescribed fee, for the Residency and Employment Rights Certificate to be renewed indefinitely; and (b) the Residency and Employment Rights Certificate may be renewed indefinitely at the discretion of the Director of WORC or the Caymanian Status and Permanent Residency Board. (3B) Where the Director of WORC or the Caymanian Status and Permanent Residency Board renews the Residency and Employment Rights Certificate indefinitely under subsection (3A) \u2014 (a) the spouse or civil partner of a Caymanian in respect of whom the Residency and Employment Rights Certificate is renewed indefinitely shall continue to comply with any relevant requirements as the holder of a Residency and Employment Rights Certificate, including, where applicable, the payment of prescribed fees; and (b) after continuing to hold the Residency and Employment Rights Certificate that has been renewed indefinitely for a period of at least one year, the spouse or civil partner of a Caymanian in respect of whom the Residency and Employment Rights Certificate is renewed indefinitely may apply for a certificate of naturalisation or registration issued under the British Nationality Act, 1981.\u201d; (e) by repealing subsection (6) and substituting the following subsections \u2014 \u201c(6) Subject to subsection (6B), the non-Caymanian spouse or civil partner of a Caymanian shall apply for a Residency and Employment Rights Certificate under this section in order that the spouse or civil partner may reside or be gainfully employed in the Islands. (6A) The non-Caymanian spouse or civil partner of a Caymanian 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. (6B) A person who was granted permanent residence under section 37 prior to entering into marriage to or civil partnership with a Caymanian may apply for a Residency and Employment Rights Certificate under this section as the spouse or civil partner of a Caymanian.\u201d; (f) in subsection (7), by deleting the words \u201cNotwithstanding subsection (6)\u201d and substituting the words \u201cNotwithstanding subsections (6) and (6A)\u201d; Clause 15 Immigration (Transition) (Amendment and Validation) Bill, 2025 Introduced (g) in subsection (8), by deleting the words \u201cNotwithstanding subsection (6)\u201d and substituting the words \u201cNotwithstanding subsections (6) and (6A)\u201d; and (h) by inserting after subsection (9) the following subsections \u2014 \u201c(10) The holder of a Residency and Employment Rights Certificate issued under this section shall provide annually a declaration containing prescribed particulars in respect of the holder and the holder\u2019s dependants \u2014 (a) on the anniversary of the date of issue of the Residency and Employment Rights Certificate; or (b) on the date that the Board or the Director of WORC may specify. (11) The failure of the holder of a Residency and Employment Rights Certificate to provide the declaration under subsection (10) is an offence and a ground for revocation of the Residency and Employment Rights Certificate.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Amendment of section 40 - loss of Residency and Employment Rights Certificate 15. The principal Act is amended in section 40 as follows \u2014 (a) by repealing subsection (1) and substituting the following subsections \u2014 \u201c(1) Subject to subsections (1A) and (2), the rights of the holder of a Residency and Employment Rights Certificate who \u2014 (a) is the spouse or civil partner of a Caymanian; or (b) has obtained the Residency and Employment Rights Certificate as a result of 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, may be revoked at the discretion of the Board or the Director of WORC if \u2014 (i) the first-mentioned holder falls within any of the provisions of section 51; (ii) the first-mentioned holder\u2019s spouse or civil partner ceases to be a Caymanian or to be a Residency and Employment Rights Certificate holder; (iii) the marriage or civil partnership is dissolved or annulled, and at the time of the dissolution or annulment, the marriage or civil partnership subsisted for at least seven years but less than fifteen years; Immigration (Transition) (Amendment and Validation) Bill, 2025 Clause 15 Introduced (iv) the first-mentioned holder ceases to be legally and ordinarily resident in the Islands; or (v) the first-mentioned holder and the spouse or civil partner are living apart \u2014 (A) under a decree of a competent court; (B) under a deed of separation; or (C) in circumstances where, in the opinion of the Board or the Director of WORC, the marriage or civil partnership has irretrievably broken down. (1A) Where the Residency and Employment Rights Certificate is revoked in respect of a person under subsection (1)(iii) or (1)(v), the person may apply for the grant of a Residency and Employment Rights Certificate in accordance with section 37 within a period of three months after the revocation. (1B) Where an application for a Residency and Employment Rights Certificate has been made under subsection (1A) within the period of three months after the revocation, the applicant\u2019s right to reside in the Islands shall continue on the same terms and conditions until the Board or the Director of WORC determines the application or the Immigration Appeals Tribunal determines any subsequent appeal. (1C) Where a Residency and Employment Rights Certificate is granted in accordance with this section, the prescribed fees shall only be payable by the holder of the Residency and Employment Rights Certificate where the holder re-marries or re-enters into a civil partnership. (1D) The holder of a Residency and Employment Rights Certificate issued under this section shall provide an annual declaration containing prescribed particulars in respect of the holder and the holder\u2019s dependants \u2014 (a) on the anniversary of the date of issue of the Residency and Employment Rights Certificate; or (b) on the date that the Board or the Director of WORC may specify. (1E) The failure of the holder of a Residency and Employment Rights Certificate to provide the declaration under subsection (1D) is an offence and a ground for revocation of the Residency and Employment Rights Certificate. (1F) Where the Residency and Employment Rights Certificate is not revoked in respect of a person under subsection (1)(iii) \u2014 Clause 15 Immigration (Transition) (Amendment and Validation) Bill, 2025 Introduced (a) the person\u2019s right to reside in the Islands shall continue on the same terms and conditions; and (b) one year prior to the end of the fifteen-year period for which the Residency and Employment Rights Certificate is to be held, the person may apply for the grant of a Residency and Employment Rights Certificate in accordance with section 37.\u201d; (b) in subsection (2) as follows \u2014 (i) by deleting the chapeau and substituting the following chapeau \u2014 \u201c(2) A person whose Residency and Employment Rights Certificate may be revoked under subsection (1) and who \u2014\u201d; and (ii) in paragraph (b), by inserting after the words \u201cCaymanian child\u201d the words \u201cwho is a child of both parties to the marriage or civil partnership referred to in paragraph (a)\u201d; (c) by inserting after subsection (2) the following subsections \u2014 \u201c(2A) Where a person applies under subsection (2) (\u201cthe applicant\u201d) for a continuation of the Residency and Employment Rights Certificate, the applicant shall provide the Board or the Director of WORC with proof \u2014 (a) of whether the applicant is able to support himself or herself, and whether the applicant meets the prescribed financial standing requirements to be able to support the Caymanian child and any other dependants approved and added by the Board or the Director of WORC (\u201capproved dependants\u201d); (b) that the applicant is financially supporting and contributing positively to the life of the person\u2019s Caymanian child and approved dependants; (c) that the applicant is of good character; and (d) that the applicant is in good health. (2B) Where the Board or the Director of WORC is unable to obtain sufficient proof referred to in subsection (2A)(b) from the applicant, the Board or the Director of WORC shall request that the Department of Children and Family Services or the Department of Community Rehabilitation assess the applicant and prepare a report on whether the applicant is financially supporting, and contributing positively to the life of, the applicant\u2019s Caymanian child and approved dependants. (2C) Where the Board or the Director of WORC is not satisfied that the applicant is \u2014 (a) financially supporting the applicant\u2019s Caymanian child and approved dependants; or Immigration (Transition) (Amendment and Validation) Bill, 2025 Clause 15 Introduced (b) contributing positively to the life of the applicant\u2019s Caymanian child and approved dependants, the Board or the Director of WORC shall notify the applicant in writing that the application is under review and of the additional matters specified in subsection (2D). (2D) For the purposes of subsection (2C), the Board or the Director of WORC shall notify the applicant of the following additional matters \u2014 (a) that the applicant is being granted permission to continue working in the Islands in any occupation without the need to possess a work permit for a period of six months from the date of the written notice under subsection (2C); (b) that the applicant is entitled to have the applicant\u2019s approved dependants reside in the Islands for the period referred to in paragraph (a); and (c) that during the period referred to in paragraph (a), the Board or the Director of WORC may request any information or further particulars from the applicant as are reasonable for the Board or the Director of WORC to determine the matter. (2E) Where, pursuant to any information or further particulars provided under subsection (2D)(c), the Board or the Director of WORC is not satisfied that the person \u2014 (a) has financially supported or contributed positively to the life of the person\u2019s Caymanian child and approved dependants; or (b) is able to continue to financially support or contribute positively to the life of the person\u2019s Caymanian child and approved dependants, the Board or the Director of WORC shall refuse the application. (2F) Where a person who applies under subsection (2) for a continuation of the Residency and Employment Rights Certificate remarries or enters into a subsequent civil partnership with a non-Caymanian, the spouse or civil partner from the subsequent marriage or civil partnership shall not be added as a dependant on the continued Residency and Employment Rights Certificate.\u201d; and (d) by repealing subsection (3) and substituting the following subsections \u2014 \u201c(3) Notwithstanding section 38(1), where the holder of a Residency and Employment Rights Certificate is the surviving spouse or civil partner of a Caymanian and at the time of the death of the Caymanian \u2014 Clause 15 Immigration (Transition) (Amendment and Validation) Bill, 2025 Introduced (a) the marriage or the civil partnership subsisted for less than seven years, the Board or the Director of WORC shall revoke the Residency and Employment Rights Certificate of that surviving spouse or civil partner; or (b) the marriage or civil partnership subsisted for at least seven years, 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 within six months after the death of the Caymanian for the right to continue to hold the Certificate and 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) whether the applicant is able to support himself or herself, and where the applicant has dependants, whether the applicant meets the prescribed financial standing requirements to be able to support the applicant\u2019s dependants; and (v) the applicant\u2019s health and character, and after consideration of the application, the Board or the Director of WORC shall either revoke the Certificate or allow the continuation of the Certificate. (4) Where an application for the continuation of a Residency and Employment Rights Certificate has been made under subsection (3) within the period referred to in that section, the applicant\u2019s right to reside in the Islands shall continue on the same terms and conditions until the Board or the Director of WORC determines the application or the Immigration Appeals Tribunal determines any subsequent appeal. (5) Where a Residency and Employment Rights Certificate is revoked under subsection (3), the surviving spouse or civil partner may apply, within a period of three months after the revocation \u2014 (a) for the right to reside permanently in the Islands under section 28(8); or Immigration (Transition) (Amendment and Validation) Bill, 2025 Clause 16 Introduced (b) for the grant of a Residency and Employment Rights Certificate under section 37, where the surviving spouse or civil partner satisfies the requirements. (6) Where an application has been made pursuant to subsection (5) within the period referred to in that subsection, the applicant\u2019s right to reside in the Islands shall continue on the same terms and conditions until the Board or the Director of WORC determines the application or the Immigration Appeals Tribunal determines any subsequent appeal. (7) Where a person who is granted permanent residence under section 37 prior to entering into marriage to, or civil partnership with, a Caymanian applies for and is granted a Residency and Employment Rights Certificate under section 38 as the spouse or civil partner of a Caymanian, except where the provisions of section 51(1) apply, in the event of \u2014 (a) the death of the Caymanian spouse or civil partner; or (b) the dissolution, breakdown or annulment of the marriage or civil partnership, the person shall continue to have the right to remain permanently in the Islands if, at the time of the death or the dissolution, breakdown or annulment of the marriage or civil partnership, the person was married to or in a civil partnership with the Caymanian for at least fifteen years.\u201d. 16. Amendment of section 42 - Certificate of Permanent Residence for Persons of Independent Means 16. The principal Act is amended in section 42 as follows \u2014 (a) by repealing subsection (1) and substituting the following subsection \u2014 \u201c(1) A person may apply in the prescribed form and manner to the Director of WORC for a Certificate of Permanent Residence for Persons of Independent Means, which if granted will be for a period of ten years, subject to the same conditions and entitlements as specified in subsection (2).\u201d; and (b) in subsection (2), by repealing paragraph (a) and substituting the following paragraph \u2014 \u201c(a) at the time that the application is made, the applicant has invested in developed real estate in the Islands and the paid-up amount of the investment as at the time of the application satisfies the prescribed sum that is to be invested in developed real estate in the Islands for the purposes of this section;\u201d. Clause 17 Immigration (Transition) (Amendment and Validation) Bill, 2025 Introduced (c) by inserting after subsection (3) the following subsections \u2014 \u201c(3A)Where the person who is the holder of a Certificate of Permanent Residence for Persons of Independent Means continues to hold the Certificate, no more than one year prior to the end of the ten-year period \u2014 (b) the person may make an application to the Caymanian Status and Permanent Residency Board or the Director of WORC in the prescribed form and manner, accompanied by the prescribed fee, for the Certificate of Permanent Residence for Persons of Independent Means to be renewed indefinitely; and (b) the Certificate of Permanent Residence for Persons of Independent Means may be renewed indefinitely at the discretion of the Caymanian Status and Permanent Residency Board or the Director of WORC. (3B)Where the Caymanian Status and Permanent Residency Board or the Director of WORC renews the Certificate of Permanent Residence for Persons of Independent Means indefinitely under subsection (3A) \u2014 (a) the person in respect of whom the Certificate of Permanent Residence for Persons of Independent Means is renewed indefinitely shall continue to comply with any relevant requirements as the holder of a Certificate of Permanent Residence for Persons of Independent Means, including, where applicable, the payment of prescribed fees; and (b) after continuing to hold the Certificate of Permanent Residence for Persons of Independent Means that has been renewed indefinitely for a period of at least one year, the person in respect of whom the Certificate of Permanent Residence for Persons of Independent Means is renewed indefinitely may apply for a certificate of naturalisation or registration issued under the British Nationality Act, 1981.\u201d; and (d) in subsection (4), by deleting the word \u201cCertificates\u201d and substituting the words \u201cCertificates of Permanent Residence for Persons of Independent Means\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Amendment of section 47 - Certificate of Direct Investment 17. The principal Act is amended in section 47 by inserting after subsection (11) the following subsections \u2014 \u201c(12) The holder of a Certificate issued under subsection (3) shall provide an annual declaration containing prescribed particulars in respect of the holder and the holder\u2019s dependants \u2014 Immigration (Transition) (Amendment and Validation) Bill, 2025 Clause 18 Introduced (a) on the anniversary of the date of issue of the Certificate of Direct Investment; or (b) on the date that the Director of WORC may specify. (13) The failure by the holder of a Certificate of Direct Investment to provide the declaration under subsection (12) is an offence and a ground for revocation of the Certificate of Direct Investment.\u201d. 18. Amendment of section 49 - Certificate for Specialist Caregivers 18. The principal Act is amended in section 49 as follows \u2014 (a) in subsection (2), as follows \u2014 (i) in paragraph (h), by deleting the word \u201cand\u201d appearing at the end of the paragraph; and (ii) in paragraph (i), by deleting the full stop appearing at the end of the paragraph and substituting the words \u201c; and\u201d; and (iii) by inserting after paragraph (i) the following paragraph \u2014 \u201c(j) the person has not attained the age of sixty-five years.\u201d; (b) in subsection (3) by deleting the words \u201cshall be renewable for a period of five years\u201d and substituting the words \u201c, subject to section 83A(5), shall be renewable for one further period of five years\u201d; and (c) by inserting after subsection (11) the following subsection \u2014 \u201c(12) A Certificate for Specialist Caregivers ceases to be valid on the holder of the Certificate attaining the age of sixty-five years.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Insertion of section 49A - Certificate for Commercial Farmhands 19. The principal Act is amended by inserting after section 49 the following section \u2014 \u201cCertificate for Commercial Farmhands 49A.(1) A Certificate for Commercial Farmhands may be issued in accordance with this section to the employer of a person specified in subsection (2) to permit the person to work or to continue to work with the employer at an agricultural enterprise named in the Certificate in the capacity of a commercial farmhand or in another capacity where the person is caring for a farm or cultivating land. (2) A person is eligible to be employed under a Certificate for Commercial Farmhands if \u2014 (a) in the case where the person is or was the holder of a work permit, either \u2014 (i) the person holds a final work permit; or Clause 19 Immigration (Transition) (Amendment and Validation) Bill, 2025 Introduced (ii) the person held a final work permit that has expired and the person has departed the Islands, and an application for employment under a Certificate for Commercial Farmhands is made within one year from the date of that departure; (b) in any other case, either \u2014 (i) the person holds permission granted under section 66(4); or (ii) the person held permission granted under section 66(4) that has expired and an application for employment under a Certificate for Commercial Farmhands is made if the person is otherwise legally resident in the Islands or remains in the Islands on the basis of permission granted under the Customs and Border Control Act (2024 Revision); (c) in relation to paragraphs (a) and (b), the final work permit or the permission \u2014 (i) is or was for employment with an agricultural enterprise that is registered with the Department of Agriculture as a commercial agricultural producer; and (ii) is or was due to the person being employed with the employer or former employer making the application as a farmer, livestock farmer, general farmhand or farmer helper, or in another capacity where the person is caring for a farm or cultivating land; (d) the person is in good health and possesses health insurance coverage; and (e) the person has not attained the age of sixty-five years. (3) The employer or former employer of a person referred to in subsection (2) may apply to \u2014 (a) the Work Permit Board or the Director of WORC; or (b) where the employment relates to employment in Cayman Brac or Little Cayman, to the Cayman Brac and Little Cayman Immigration Board, for the grant or renewal of a Certificate for Commercial Farmhands in respect of that person. (4) Where, having received an application under subsection (3), the Work Permit Board or the Director of WORC is satisfied that the criteria in subsection (2) are met, the Work Permit Board or the Director of WORC, having regard to the criteria in section 58(3) and Immigration (Transition) (Amendment and Validation) Bill, 2025 Clause 19 Introduced on payment of the prescribed fee, may issue a Certificate for Commercial Farmhands, valid for five years from the date of issuance of the Certificate, to take effect \u2014 (a) on the expiry of the employee\u2019s final work permit or permission granted under section 66(4); or (b) in the event that the employee\u2019s final work permit or permission granted under section 66(4) has expired, on the date of the decision of the Board or the Director of WORC, and the Certificate shall be renewable for one further period of five years, on application to the Board or the Director of WORC and on payment of the prescribed fee, if the criteria in subsection (2) remain satisfied. (5) On the issue of a Certificate for Commercial Farmhands, the name of the agricultural enterprise that is registered with the Department of Agriculture as a commercial agricultural producer shall be inscribed on the Certificate. (6) Where, during the currency of a final work permit or permission granted under section 66(4), an application had been made to the Work Permit Board or to the Director of WORC \u2014 (a) for the grant of a Certificate for Commercial Farmhands where the applicant is eligible to make such an application; or (b) for the renewal of a Certificate for Commercial Farmhands prior to the expiry of the current Certificate, if the application \u2014 (i) has not yet been determined by the Work Permit Board or the Director of WORC; or (ii) has been refused by the Work Permit Board or the Director of WORC and that refusal has been appealed under section 21 to the Immigration Appeals Tribunal within the prescribed time for doing so, notwithstanding the fact that the final work permit, the permission granted under section 66(4) or the Certificate for Commercial Farmhands has expired, it shall not be an offence for the employee to whom the application relates to continue to be engaged in gainful occupation on the same terms and conditions of the final work permit, the permission granted under section 66(4) or the Certificate for Commercial Farmhands while awaiting a notification of the determination of the application or appeal. Clause 19 Immigration (Transition) (Amendment and Validation) Bill, 2025 Introduced (7) A Certificate for Commercial Farmhands shall not confer on the employee\u2019s spouse or civil partner or dependants any rights with respect to residence and employment in the Islands. (8) An application for the renewal of a Certificate for Commercial Farmhands, where the applicant was eligible to make the application, may be refused and a Certificate may be revoked by the Work Permit Board or the Director of WORC if \u2014 (a) the employee named in the Certificate ceases to be employed by the employer named in the Certificate; (b) the person named in the Certificate as being the employer dies or becomes in the opinion of the Work Permit Board or the Director of WORC no longer capable of holding the Certificate; (c) the agricultural enterprise named in the Certificate is dissolved or ceases to operate; or (d) in the opinion of the Work Permit Board or the Director of WORC, any of the matters referred to in section 51(1)(a), (c), (d), (e), (f), (g), (h), (k) or (n) applies to the employee named in the Certificate. (9) Where the employment arrangement between the employee and the employer who is the Certificate holder ceases or the Certificate holder or the agricultural enterprise named in the Certificate is dissolved or ceases to operate, the employee named in the Certificate or the employer who is the Certificate holder shall inform the Board or the Director of WORC within thirty days of the cessation or dissolution, and failure to do so is an offence for which both the Certificate holder and the employee named in the Certificate are liable. (10) Unless the employee named in the Certificate for Commercial Farmhands is allowed to remain under another provision of this Act, the employee shall leave the Islands where \u2014 (a) a Certificate for Commercial Farmhands expires and no application is made for its renewal; (b) an application for renewal of a Certificate for Commercial Farmhands is not permitted to be made; or (c) an application for renewal of a Certificate for Commercial Farmhands is made but is refused and no appeal has been made, and neither the Board nor the Director of WORC shall grant or renew a work permit for the employee for at least one year after the employee has left the Islands. Immigration (Transition) (Amendment and Validation) Bill, 2025 Clause 20 Introduced (11) A Certificate for Commercial Farmhands ceases to be valid on the holder of the Certificate attaining the age of sixty-five years.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"Amendment of section 50 - Residency Certificate (Substantial Business Presence) 20. The principal Act is amended in section 50 by repealing subsection (10) and substituting the following subsections \u2014 \u201c(10) When paying the prescribed annual fee the holder shall also submit a declaration signed by the holder confirming \u2014 (a) that the holder\u2019s permission to operate or work in the business has not been lost as a result of the revocation or non-renewal of a required licence; (b) that the holder was physically resident in the Islands for a minimum of ninety days in aggregate in the preceding calendar year; and (c) any other particulars as may be prescribed in respect of the holder and the holder\u2019s dependants. (10A)The failure of the holder of a Residency Certificate (Substantial Business Presence) issued under subsection (3) to provide the declaration under subsection (10) is an offence and a ground for revocation of the Residency Certificate (Substantial Business Presence).\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_21\", \"num\": \"21.\", \"text\": \"Amendment of section 51 - general provisions relating to loss of permanent residency 21. The principal Act is amended in section 51(1) as follows \u2014 (a) by repealing paragraph (f) and substituting the following paragraph \u2014 \u201c(f) the person is suffering from mental impairment or a serious mental illness as defined in the Mental Health Act (2023 Revision) that makes that person\u2019s continued residence in the Islands dangerous to the community;\u201d; (b) by repealing paragraph (j) and substituting the following paragraph \u2014 \u201c(j) the person fails to make the annual declaration as required by section 37(12), 38(10), 40(1D), 47(12) or 50(10), as applicable;\u201d; and (c) by inserting after paragraph (l) the following paragraphs \u2014 \u201c(la) either the Board or the Director of WORC is of the opinion that the person is not financially supporting or contributing positively to the life of the person\u2019s Caymanian child who was referenced in the application for permanent residence for the Clause 22 Immigration (Transition) (Amendment and Validation) Bill, 2025 Introduced purposes of demonstrating that the person possesses close Caymanian connections; (lb) there are reasonable grounds for suspecting that the marriage of the holder, being the spouse of a Caymanian, is a marriage of convenience and which have led the Board or the Director of WORC to conclude that the marriage is a marriage of convenience; (lc) there are reasonable grounds for suspecting that the civil partnership of the holder, being the civil partner of a Caymanian, is a civil partnership of convenience and which have led the Board or the Director of WORC to conclude that the civil partnership is a civil partnership of convenience;\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_22\", \"num\": \"22.\", \"text\": \"Amendment of section 52A - mandatory vaccinations for persons specified under Part 6 22. The principal Act is amended in section 52A(5) by inserting after the words \u201cunder section 49 for a Certificate for Specialist Caregivers\u201d the words \u201cor under section 49A for a Certificate for Commercial Farmhands\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_23\", \"num\": \"23.\", \"text\": \"Insertion of section 52C - references to \u201cspecial circumstances\u201d in certain sections 23. The principal Act is amended by inserting after section 52B the following section \u2014 \u201cReferences to \u201cspecial circumstances\u201d in certain sections 52C.For the purposes of sections 37(21), 38(4)(b), 40(2D)(b), 44(1), 47(9) and 50(8), special circumstances shall be taken to mean instances where the child remains involuntarily either wholly or substantially dependent on the holder as a result of a physical or mental disability.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_24\", \"num\": \"24.\", \"text\": \"Amendment of section 53 - persons exempted 24. The principal Act is amended in section 53 as follows \u2014 (a) in subsection (1), as follows \u2014 (i) in paragraph (a), by repealing subparagraph (i) and substituting the following subparagraph \u2014 \u201c(i) any of the following persons in respect of that person\u2019s employment \u2014 (A) judges of the Grand Court for the Cayman Islands; (B) judges of the Cayman Islands Court of Appeal; (C) magistrates; and (D) persons employed by the Parliament Management Commission;\u201d; and Immigration (Transition) (Amendment and Validation) Bill, 2025 Clause 25 Introduced (ii)  in paragraph (b), by deleting the word \u201cprescribed\u201d and substituting the words \u201cdetermined by the Cabinet\u201d; (b) in subsection (2), by deleting the words \u201c(i) to (v)\u201d; and (c) by inserting after subsection (2), the following subsection \u2014 \u201c(3) The following provisions under this Part do not apply with respect to the employment of non-Caymanian persons as civil servants \u2014 (a) section 56; (b) section 58; (c) section 59; (d) section 60; (e) section 61; (f) section 63; (g) section 65; (h) section 66, except where expressly provided otherwise; and (i) section 67.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_25\", \"num\": \"25.\", \"text\": \"Amendment of section 55 - who may be gainfully employed 25. The principal Act is amended in section 55 as follows \u2014 (a) in subsection (1) as follows \u2014 (i) in paragraph (d), by deleting the word \u201cor\u201d appearing at the end of the paragraph; and (ii) by inserting after paragraph (d) the following paragraph \u2014 \u201c(da) the person is employed as a civil servant; or\u201d; and (b) in subsection (2), by inserting after paragraph (e) the following paragraph \u2014 \u201c(ea) the person is employed as a civil servant;\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_26\", \"num\": \"26.\", \"text\": \"Amendment of section 58 - consideration of application for work permit by Board etc 26. The principal Act is amended in section 58 as follows \u2014 (a) in subsection (2), by repealing paragraph (b) and substituting the following paragraph \u2014 \u201c(b) the prospective employer, unless exempted by the Cabinet, the Board or the Director, has \u2014 (i) paid the prescribed non-refundable fee to register the vacancy to which the application relates for the vacancy to be posted on an electronic portal established and Clause 27 Immigration (Transition) (Amendment and Validation) Bill, 2025 Introduced managed by WORC for twenty-one days before the submission of the application; and (ii) advertised the vacancy to which the application relates in a local newspaper or other prescribed media for twentyone days before the submission of the application, in order to ascertain the availability of any one or more of the following in the order in which they are listed \u2014 (A) a Caymanian; (B) the holder of a Residency and Employment Rights Certificate issued under section 37(5), (16), or (16C) or section 38; and (C) a person legally and ordinarily resident in the Islands who is qualified and willing to fill the position; and\u201d; (b) by repealing subsection (2B); and (c) in subsection (3), by repealing paragraph (d) and substituting the following paragraph \u2014 \u201c(d) whether the proposed salary or the resources of \u2014 (i) the worker; and (ii) where the worker\u2019s spouse or civil partner is employed within the Islands, the worker\u2019s spouse or civil partner, are able to support the worker and, if applicable, the worker\u2019s spouse or civil partner; and where there are dependants, whether the proposed salary or the resources meet the prescribed financial standing requirements to be able to support the dependants;\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_27\", \"num\": \"27.\", \"text\": \"Repeal and substitution of section 64 - change of employer 27. The principal Act is amended by repealing section 64 and substituting the following section \u2014 \u201cRestriction on changing employer 64. (1) A person who is the holder of a work permit shall not change the person\u2019s employer within the first two years of the grant of the work permit. (2) Notwithstanding subsection (1), a person who holds a work permit as a domestic helper may change the person\u2019s employer within the first two years of the grant of the work permit if the person is seeking to be employed by another employer as a domestic helper. (3) Subject to subsections (4), (5) and (6), where a person who is the holder of a work permit terminates his or her employment within the Immigration (Transition) (Amendment and Validation) Bill, 2025 Clause 28 Introduced first two years of the grant of the work permit and the circumstances in subsection (2) do not apply, the person shall leave the Islands for a period of not less than one year before any other prospective employer is able to apply for a work permit in respect of the person. (4) A person who is the holder of a work permit and who terminates his or her employment within the first two years of the grant of the work permit in circumstances other than those set out in subsection (2) may apply to the Director of WORC in the prescribed form and manner to be exempted from the requirement to leave the Islands for a period of not less than one year before any other prospective employer is able to apply for a work permit in respect of the person. (5) An application under subsection (4) shall be accompanied by \u2014 (a) proof that during the person\u2019s employment there existed certain prescribed circumstances; and (b) any other particulars as may be prescribed. (6) Where an application is made under subsection (4), the person shall be permitted to reside in the Islands, but not to work, while awaiting a notification of the determination of that person\u2019s application. (7) This section does not apply where the holder of the work permit is an employee of a statutory authority or government company who is engaged as a government employee in a specified ministry or portfolio by the Head of the Civil Service in accordance with section 20(1)(c) of the Public Service Management Act (2018 Revision) in order to give effect to an administrative re-arrangement of ministry or portfolio responsibilities.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_28\", \"num\": \"28.\", \"text\": \"Amendment of section 66 - term limits 28. The principal Act is amended in section 66 as follows \u2014 (a) by repealing the section heading and substituting the following section heading \u2014 \u201cTerm limits for workers\u201d; (b) in subsection (1), as follows \u2014 (i) in paragraph (a), by deleting the word \u201cor\u201d appearing at the end of the paragraph; (ii) in paragraph (b), by deleting the comma appearing at the end of the paragraph and substituting a semi-colon; and (iii) by inserting after paragraph (b) the following paragraphs \u2014 \u201c(c) the date of commencement of the Public Service Management (Amendment) Act, 2025, if the worker was, on the Clause 28 Immigration (Transition) (Amendment and Validation) Bill, 2025 Introduced commencement of that Act, employed as a civil servant and then became a worker; or (d) the date on which the worker first entered the Islands, if the worker first entered the Islands after the commencement of the Public Service Management (Amendment) Act, 2025 as a civil servant and then became a worker,\u201d; (c) by repealing subsection (2) and substituting the following subsection \u2014 \u201c(2) A worker who leaves the Islands before the expiration of the worker\u2019s term limit and who has ceased to hold a work permit for not less than one year, may \u2014 (a) apply for and be granted a new work permit and shall, on the grant of the new work permit, have a new term limit as provided for in subsection (1); or (b) apply to be employed as a non-Caymanian civil servant in which case, section 66B shall apply if the person becomes employed as a non-Caymanian civil servant.\u201d; (d) by repealing subsection (9) and substituting the following subsection \u2014 \u201c(9) A person who, as an approved dependant, accompanies to the Islands \u2014 (a) a person who is a worker; or (b) a person employed by the Government of the United Kingdom, in the Islands, may become a worker or a civil servant but that person\u2019s term limit shall be deemed to have commenced on the date on which that person was first within the Islands as an approved dependant and that person shall be thereafter subject to the provisions of this section, as if that person had first entered the Islands as a worker, or section 66B, as if that person had first entered the Islands as a non-Caymanian civil servant, as applicable.\u201d; (e) in subsection (10) as follows \u2014 (i) in paragraph (a), by repealing subparagraphs (i), (ii) and (iv); (ii) by repealing paragraphs (b) and (c) and substituting the following paragraphs \u2014 \u201c(b) in respect of whose marriage the Board or the Director of WORC is of the opinion that there are no reasonable grounds for suspecting that the marriage is a marriage of convenience; (c) in respect of whose civil partnership the Board or the Director of WORC is of the opinion that there are no reasonable grounds Immigration (Transition) (Amendment and Validation) Bill, 2025 Clause 29 Introduced for suspecting that the civil partnership is a civil partnership of convenience;\u201d; (iii) by deleting the words \u201cduring the currency of the spouse\u2019s or the civil partner\u2019s work permit or\u201d and substituting the words \u201cduring the currency of the spouse\u2019s or the civil partner\u2019s\u201d; (iv) by deleting the words \u201cwith the Government of the Islands or\u201d; and (v) by repealing subparagraph (i) that appears after the words \u201cand the Board or the Director of WORC may \u2014\u201d; (f) by inserting after subsection (10) the following subsection \u2014 \u201c(10A)Where a person who is the holder of a work permit marries or enters into a civil partnership with a person who is also the holder of a work permit, the term limit that is applicable to both persons is that of the person in the marriage or civil partnership who has less time remaining until the expiration of that person\u2019s term limit.\u201d; and (g) in subsection (13), by deleting the words \u201csubsection (10)(d)\u201d and substituting the words \u201csubsection (10)(e)\u201d. 29. Insertion of sections 66A, 66B and 66C - exemption from term limits under section 66; term limits for non-Caymanian civil servants; exemption from term limits under section 66B 29. The principal Act is amended by inserting after section 66 the following sections \u2014 \u201cExemption from term limits under section 66 66A. (1) The Cabinet may make regulations exempting a class of workers or a category of a class of workers from the term limit requirement under section 66. (2) An exemption referred to in subsection (1) may be unconditional or subject to any conditions or for such purposes as may be prescribed. Term limits for non-Caymanian civil servants 66B.(1) Subject to subsections (3), (4), (6), (8), (9) and (10), the term limit of a non-Caymanian civil servant shall be nine years commencing with \u2014 (a) the date of commencement of the Public Service Management (Amendment) Act, 2025, if the non-Caymanian is employed as a civil servant as at the date of commencement of that Act; (b) the date on which the non-Caymanian first entered the Islands, if the non-Caymanian entered the Islands as a civil servant after the commencement of the Public Service Management (Amendment) Act, 2025; Clause 29 Immigration (Transition) (Amendment and Validation) Bill, 2025 Introduced (c) subject to paragraph (a), the date of commencement of the nonCaymanian\u2019s contract of employment as a civil servant, if the non-Caymanian first entered the Islands as a tourist visitor; or (d) the date on which the non-Caymanian first entered the Islands, if the non-Caymanian first entered the Islands as a worker and then became a civil servant, whether the contracts of employment are granted and held continuously or not; and on the expiration of the non-Caymanian\u2019s term limit, the non-Caymanian shall leave the Islands and shall not be employed as a civil servant or be granted a work permit by the Board or the Director of WORC until the non-Caymanian has ceased to be employed as a civil servant for not less than one year after the person has left the Islands. (2) A non-Caymanian civil servant who leaves the Islands before the expiration of the non-Caymanian civil servant\u2019s term limit and who has ceased to be a non-Caymanian civil servant for not less than one year, may \u2014 (a) apply for and be granted a work permit and shall, on the grant of the work permit, have a new term limit as provided for in section 66(1), and section 66 shall apply in respect of that person; or (b) apply to be employed as a non-Caymanian civil servant in which case, this section shall apply if the person becomes employed as a non-Caymanian civil servant. (3) Where a person is eligible to apply and has applied for permission to reside permanently in the Islands under section 37 during the currency of the person\u2019s employment as a non-Caymanian civil servant, the person \u2014 (a) shall comply with the relevant requirements under the Public Service Management Act (2018 Revision); and (b) if the person is seeking to become a worker, apply to the Director of WORC for permission \u2014 (i) to continue working on the same terms that applied to that person by operation of law; or (ii) to add or delete a dependant, and such permission may be granted or renewed by the Director of WORC until such time as that person\u2019s application or any appeal arising from it is determined. (4) A person who intends to work by operation of law shall first submit, or cause to be submitted, that person\u2019s passport to WORC and that Immigration (Transition) (Amendment and Validation) Bill, 2025 Clause 29 Introduced person\u2019s passport shall be endorsed acknowledging that person to be working by operation of law. (5) A person who fails to comply with subsection (4) commits an offence. (6) Where a person is working under permission granted under subsection (3) and \u2014 (a) the person\u2019s application for permission to reside permanently in the Islands has been unsuccessful and an appeal has not been filed within the time allowed for doing so; or (b) having filed for permission to reside permanently in the Islands the person has been unsuccessful and all further appeals have been exhausted, and in either event that person\u2019s term limit has expired, the person is entitled to continue receiving permission under subsection (3) for a period not exceeding ninety days from the date of the communication to that person of such refusal or the determination of any appeal or proceedings arising from the appeal, whichever shall be the later, and after such period expires that person shall leave the Islands; and neither the Board nor the Director of WORC shall issue or renew a work permit for the person until the person has ceased to hold a work permit for not less than one year thereafter nor shall the person be employed as a non-Caymanian civil servant until the person has ceased to be so employed for not less than one year thereafter. (7) A person who, as an approved dependant, accompanies to the Islands a person who is a non-Caymanian civil servant may become a worker or a civil servant but that person\u2019s term limit shall be deemed to have commenced \u2014 (a) in the case of an approved dependant who becomes a worker, on the date on which that person was first within the Islands as an approved dependant and that person shall be thereafter subject to the provisions of section 66 as if that person had first entered the Islands as a worker; or (b) in the case of an approved dependant who becomes a civil servant, on the date of commencement of the term limit of the non-Caymanian civil servant in respect of whom the person is an approved dependant, and that person shall be thereafter subject to the provisions of this section as if that person had first entered the Islands as a civil servant. (8) A person \u2014 (a) who is married to, or in a civil partnership with \u2014 Clause 29 Immigration (Transition) (Amendment and Validation) Bill, 2025 Introduced (i) a non-Caymanian civil servant; or (ii) a person who is working by operation of law with the permission granted under subsection (3) or (6), and whose right to work in the Islands will expire before that of that person\u2019s spouse or civil partner; (b) in respect of whose marriage the Board or the Director of WORC is of the opinion that there are no reasonable grounds for suspecting that the marriage is a marriage of convenience; (c) in respect of whose civil partnership the Board or the Director of WORC is of the opinion that there are no reasonable grounds for suspecting that the civil partnership is 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 that, 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, during the currency of the spouse\u2019s or the civil partner\u2019s contract of employment as a non-Caymanian civil servant or in the period during which his or her spouse or civil partner is working by operation of law with permission granted under subsection (3) or (6), may apply for the grant of a work permit or the renewal of an existing work permit. (9) Where an application is made under subsection (8), the Board or the Director of WORC may \u2014 (a) grant the application subject to the limitations on employment of non-Caymanian civil servants under the Public Service Management Act (2018 Revision); or (ii) 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 (3) or (6). (10) A person working under subsection (8) 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 Immigration (Transition) (Amendment and Validation) Bill, 2025 Clause 29 Introduced 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. (11) Where a work permit has been granted to a worker under subsection (9) and the worker\u2019s spouse or civil partner ceases to have the right to work and is required to leave the Islands, the work permit granted shall automatically terminate on the date on which the worker\u2019s spouse or civil partner ceases to have the right to work and the worker shall leave the Islands and not be entitled to the grant or renewal of any further work permits until the worker has ceased to hold a work permit for not less than one year after the worker has left the Islands. (12) The Board or the Director of WORC, in calculating under subsection (8)(e), 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. (13) On the grant or renewal of a contract of employment as a nonCaymanian civil servant, the non-Caymanian civil servant shall be notified by the Board or the Director of WORC of the person\u2019s term limit and its expiration date for the purposes of this Act. (14) Where a non-Caymanian civil servant is granted a temporary exemption under the Public Service Management Act (2018 Revision) \u2014 (a) the non-Caymanian civil servant \u2014 (i) shall not be considered to be in the Islands unlawfully for the duration of the temporary exemption; (ii) shall not seek to be employed as a worker for the duration of the temporary exemption or to otherwise operate in a manner that would contravene the provisions of this Act as it relates to term limits; and (iii) may, during the period of the temporary exemption, apply for permanent residence under section 37; and (b) unless the non-Caymanian civil servant is granted permanent residence under section 37, after the period of the temporary exemption expires the non-Caymanian civil servant shall leave the Islands and shall not be issued a work permit or employed as a non-Caymanian civil servant for a period of not less than one year. Clause 30 Immigration (Transition) (Amendment and Validation) Bill, 2025 Introduced Exemption from term limits under section 66B 66C. (1) Where an exemption relating to the appointment or reappointment of a non-Caymanian as a civil servant is granted under the Public Service Management Act (2018 Revision), that exemption shall be treated as an exemption from the term limit requirement under section 66B for the period of the exemption granted under the Public Service Management Act (2018 Revision). (2) Where an exemption referred to under subsection (1) is granted, the appointing officer in respect of the relevant non-Caymanian civil servant shall notify the Cabinet in writing of the exemption within thirty working days after the decision to grant the exemption is made. (3) For the purposes of this section, \u201cappointing officer\u201d means, in relation to the non-Caymanian civil servant who has been granted the exemption, the person with responsibility for the appointment or reappointment of that non-Caymanian civil servant, being \u2014 (a) the Governor; (b) the Head of the Civil Service; or (c) the relevant chief officer, or the relevant head of department or other manager in the relevant civil service entity with delegated authority from the chief officer to make personnel decisions.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_30\", \"num\": \"30.\", \"text\": \"Amendment of section 67 - work permit fees 30. The principal Act is amended in section 67 by inserting after subsection (2) the following subsections \u2014 \u201c(2A)Notwithstanding section 72(2)(f), the Director, after consultation with the Minister, may prescribe by notice the fee for a work permit or temporary work permit in a case where an occupation for which a work permit or temporary work permit is being sought is not prescribed. (2B) A fee prescribed under subsection (2A) shall not exceed the highest annual work permit fee prescribed under section 72(2)(f). (2C) The Director shall cause a notice specified under subsection (2A) to be published in the Gazette.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_31\", \"num\": \"31.\", \"text\": \"Amendment of section 70 - marriages and civil partnerships of convenience 31. The principal Act is amended in section 70 by inserting after subsection (3) the following subsections \u2014 \u201c(4) For the purposes of determining whether there are reasonable grounds for suspicion under subsection (2) or (3), the marriage officer, Registrar, Civil Registrar or civil partnership officer \u2014 Immigration (Transition) (Amendment and Validation) Bill, 2025 Clause 32 Introduced (a) shall request the prescribed information from the parties to the intended marriage or the marriage, or the intended civil partnership or the civil partnership; and (b) for the purposes of confirming the information provided by the parties, may request relevant documentary evidence, and the failure to comply with any such request shall be taken into account by the marriage officer, Registrar, Civil Registrar or civil partnership officer, unless there are exceptional circumstances that have caused the non-compliance. (5) The power to require the production of a document under subsection (4)(b) shall be construed as including a power to take copies of the document and to retain the document for a reasonable time for the purpose for which it was requested.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_32\", \"num\": \"32.\", \"text\": \"Insertion of section 71A - reissue of documents and provision of duplicates 32. The principal Act is amended by inserting after section 71 the following section \u2014 \u201cReissue of documents and provision of duplicates 71A. The Director of WORC may re-issue any certificate or document and provide a duplicate of any licence or permit granted under this Act \u2014 (a) on the application, in such form and manner as may be prescribed, by the person to whom the original was issued or granted; and (b) on the payment of any fees as may be prescribed.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_33\", \"num\": \"33.\", \"text\": \"Amendment of section 72 - regulations 33. The principal Act is amended in section 72 as follows \u2014 (a) in subsection (2) as follows \u2014 (i) by inserting after paragraph (e) the following paragraph \u2014 \u201c(ea) prescribe the information to be requested under section 70(4);\u201d; and (ii) by repealing paragraph (f) and substituting the following paragraphs \u2014 \u201c(f) prescribe the fees payable under this Act by a person or category of persons in respect of \u2014 (i) an application, licence or permit granted; (ii) a certificate or other document issued; Clause 34 Immigration (Transition) (Amendment and Validation) Bill, 2025 Introduced (iii) a reissue of any certificate or document or any duplicate of any licence or permit referred to under subparagraphs (i) and (ii); and (iv) the registration of a vacancy for it to be posted on the electronic portal established and managed by WORC, pursuant to section 58; (fa) prescribe the time or the intervals at which the fees under paragraph (f) are payable; (fb) provide for the refund, waiver or reduction of the fees under paragraph (f), which may include the circumstances under which the fees may be refunded, waived or reduced;\u201d; and (b) by inserting after subsection (2) the following subsections \u2014 \u201c(3) Regulations made under this Act may prescribe that the contravention of the regulations constitutes an offence for which the person is liable on summary conviction to a fine of twenty thousand dollars or to imprisonment for a term of two years, or to both. (4) The power of the Cabinet to make regulations under this Act includes the power to \u2014 (a) make different provision in relation to different categories of persons or in relation to different cases or circumstances; and (b) provide for such exceptions, limitations or conditions and make such consequential or transitional provisions as the Cabinet considers necessary or expedient.\u201d. 34. Insertion of section 75A - offence to submit false information concerning financial standing 34. The principal Act is amended by inserting after section 75 the following section \u2014 \u201cOffence to submit false information concerning financial standing 75A.Where a person is required under this Act to satisfy certain financial standing requirements and the person provides false information in relation to the person\u2019s financial standing \u2014 (a) the person commits an offence and is liable on summary conviction to a fine of ten thousand dollars or to imprisonment for a term of one year, or to both; and (b) the provision of that false information by the person is a ground for revocation of the relevant Certificate or work permit.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_35\", \"num\": \"35.\", \"text\": \"Insertion of section 83A - further transitional matters 35. The principal Act is amended by inserting after section 83 the following section \u2014 Immigration (Transition) (Amendment and Validation) Bill, 2025 Clause 35 Introduced \u201cFurther transitional matters 83A.(1) Where, prior to the commencement of the relevant amending section of the Immigration (Transition) (Amendment and Validation) Act, 2025 \u2014 (a) an application was made under the principal Act and the application has not been determined on the date of commencement of the applicable amending section of the Immigration (Transition) (Amendment and Validation) Act, 2025; or (b) an appeal or an application for judicial review was made against a decision in respect of an application made under the principal Act and the appeal or the application for judicial review has not been determined on the date of commencement of the applicable amending section of the Immigration (Transition) (Amendment and Validation) Act, 2025, the application, the appeal or the application for judicial review, as applicable, shall be determined as if the applicable amending section of the Immigration (Transition) (Amendment and Validation) Act, 2025 had not come into force. (2) Subject to subsection (3), where any permit, certificate, visa, permission or exemption issued under the principal Act, the repealed Immigration Act (2015 Revision) or under any prior immigration law saved by the repealed Immigration Act (2015 Revision) is in force at the date of the commencement of the Immigration (Transition) (Amendment and Validation) Act, 2025, that permit, certificate, visa, permission or exemption shall continue in force until its expiration, loss or cancellation in accordance with the relevant Act. (3) Where, in relation to a person employed by the Health Services Authority or the University College of the Cayman Islands, there is in force at the date of the commencement of section 3(b)(iv) of the Immigration (Transition) (Amendment and Validation) Act, 2025 any permission or exemption issued under the principal Act, the repealed Immigration Act (2015 Revision) or any prior immigration law saved by the repealed Immigration Act (2015 Revision), that permission or exemption shall continue in force until \u2014 (a) the expiration of the worker\u2019s contract of employment; or (b) the expiration of the period of one year after the date of commencement of the Immigration (Transition) (Amendment and Validation) Act, 2025, whichever is greater. Clause 35 Immigration (Transition) (Amendment and Validation) Bill, 2025 Introduced (4) Section 10(a) and (b) of the principal Act as amended by the Immigration (Transition) (Amendment and Validation) Act, 2025 shall not apply to a person in respect of whom a certificate, permission or exemption \u2014 (a) is issued under \u2014 (i) the principal Act; (ii) the repealed Immigration Act (2015 Revision); or (iii) any prior immigration law saved by the repealed Immigration Act (2015 Revision); and (b) is in force at the date of the commencement of the Immigration (Transition) (Amendment and Validation) Act, 2025, and such a person may apply in accordance with the relevant Act under which the person\u2019s certificate, permission or exemption is issued for the grant of the right to be Caymanian under section 28(3) or (4) of the principal Act or under any other earlier analogous provision. (5) Where, on the date of commencement of section 18 of the Immigration (Transition) (Amendment and Validation) Act, 2025, a person holds a Certificate for Specialist Caregivers, the Certificate shall be renewable for one further period of five years as if that section of the Immigration (Transition) (Amendment and Validation) Act, 2025 had not come into force. (6) Where, on the date of commencement of section 10(d), 14(h), 15(a), 17 or 20 of the Immigration (Transition) (Amendment and Validation) Act, 2025, a person holds a certificate referred to in the relevant provision, that person is required to comply with the requirement to file an annual declaration as set out in that provision. (7) Notwithstanding anything under the Immigration (Transition) (Amendment and Validation) Act, 2025, the term limit of a person who \u2014 (a) was a worker under the principal Act; and (b) on or after the commencement of the provisions referred to in section 1(3) of the Immigration (Transition) (Amendment and Validation) Act, 2025 becomes a civil servant, shall continue to run from the date on which the person became a worker and the end of that person\u2019s term limit shall be calculated based on that date and in accordance with the principal Act. Immigration (Transition) (Amendment and Validation) Bill, 2025 Clause 36 Introduced (8) Section 58(2) of the principal Act as amended by the Immigration (Transition) (Amendment and Validation) Act, 2025 shall not apply to an application under section 56 by a prospective employer where the application is made prior to the date of commencement of section 26(a) of the Immigration (Transition) (Amendment and Validation) Act, 2025; and the application shall be determined as if that provision of the Immigration (Transition) (Amendment and Validation) Act, 2025 had not come into force. (9) For the purposes of this section \u2014 \u201cthe principal Act\u201d means the Immigration (Transition) Act (2022 Revision) prior to being amended by the Immigration (Transition) (Amendment and Validation) Act, 2025; and \u201cUniversity College of the Cayman Islands\u201d means the University College of the Cayman Islands established by section 3(1) of the University College Act (2012 Revision).\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_36\", \"num\": \"36.\", \"text\": \"Validation 36. (1) The payment of fees to, and the charging and collection of fees by, the Director of WORC, without statutory authority, for the re-issuing of any certificate or document or the provision of a duplicate of any licence or permit under the principal Act prior to the commencement of section 32 of this amending and validating Act are validated and considered as lawfully charged by, paid to and collected by the Director of WORC as if the Director of WORC was empowered under the principal Act as amended by this amending and validating Act to charge and collect those fees. (2) The fines determined by the court in respect of persons convicted for offences under regulations made under the principal Act and which were imposed \u2014 (a) without statutory authority; and (b) prior to the commencement of section 33(b) of this amending and validating Act, are validated and considered as lawfully imposed as if the court was empowered under the principal Act as amended by this amending and validating Act to impose those fines. 37. Orders or determinations by court not affected 37. Section 36 does not affect any order or determination made by a court with respect to \u2014 (a) fees charged by, paid to or collected by the Director of WORC for the reissuing of any certificate or document or the provision of a duplicate of any licence or permit prior to the commencement of section 32 of this amending and validating Act; or Clause 37 Immigration (Transition) (Amendment and Validation) Bill, 2025 Introduced (b) fines imposed by the court on persons convicted of offences under regulations made under the principal Act prior to the commencement of section 33(b) of this amending and validating Act. Passed by the Parliament the        day of                              , 2025. Speaker Clerk of the Parliament\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2025_01_01\", \"date\": \"2025-01-01\", \"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_2025_01_01\", \"timeInterval\": [{\"end\": null, \"start\": \"#e_commence_2025_01_01\", \"duration\": null, \"refersTo\": \"#inForce\"}]}]}, \"classification\": null, \"identification\": {\"source\": \"#cilegis\", \"FRBRWork\": {\"FRBRuri\": \"\/akn\/ky\/bill\/2025\/11\", \"FRBRdate\": [{\"date\": \"2025-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/bill\/2025\/11\/!main\", \"FRBRalias\": [{\"name\": \"cmsId\", \"value\": \"2025-0011\"}], \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRnumber\": \"11 of 2025\", \"FRBRcountry\": \"ky\", \"FRBRsubtype\": \"bill\"}, \"FRBRExpression\": {\"FRBRuri\": \"\/akn\/ky\/bill\/2025\/11\/eng@2025-01-01\", \"FRBRdate\": [{\"date\": \"2025-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/bill\/2025\/11\/eng@2025-01-01\/!main\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRlanguage\": \"eng\"}, \"FRBRManifestation\": {\"FRBRuri\": \"\/akn\/ky\/bill\/2025\/11\/eng@2025-01-01.xml\", \"FRBRdate\": [{\"date\": \"2026-06-22\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/bill\/2025\/11\/eng@2025-01-01.xml\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRformat\": \"application\/xml\"}}}, \"name\": \"bill\", \"header\": {\"title\": \"Identification Register Regulations, 2025\", \"actNumber\": \"11 of 2025\", \"longTitle\": null}}, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nIMMIGRATION (TRANSITION)\n(AMENDMENT AND VALIDATION) BILL,\n2025\n\nSupplement No. 1 published with Legislation Gazette No. 39 dated 17th October, 2025.\nA BILL FOR AN ACT TO AMEND THE IMMIGRATION (TRANSITION) ACT (2022\nREVISION) TO GIVE THE CAYMANIAN STATUS AND PERMANENT RESIDENCY\nBOARD AND THE DIRECTOR OF WORC THE DISCRETION TO ALLOW A RESIDENCY\nAND EMPLOYMENT RIGHTS CERTIFICATE TO REMAIN IN FORCE WHERE THE\nHOLDER\u2019S MARRIAGE OR CIVIL PARTNERSHIP IS, AMONG OTHER THINGS,\nDISSOLVED; TO MAKE EXEMPTIONS PROVIDED FOR UNDER SECTION 53(1)(b)\nEITHER UNCONDITIONAL OR SUBJECT TO SUCH CONDITIONS AS MAY BE\nDETERMINED BY CABINET; TO INTRODUCE TERM LIMITS FOR NON-CAYMANIAN\nCIVIL\nSERVANTS;\nTO\nINTRODUCE\nCERTIFICATES\nFOR\nCOMMERCIAL\nFARMHANDS; TO PROVIDE FOR THE MAKING OF REGULATIONS TO DEAL WITH\nTHE REFUNDS OF FEES IN CERTAIN CIRCUMSTANCES; TO PROVIDE FOR THE\nVALIDATION OF CERTAIN FEES CHARGED AND COLLECTED BY THE DIRECTOR\nOF WORC AND CERTAIN FINES IMPOSED; AND FOR INCIDENTAL AND CONNECTED\nPURPOSES\n\nPage 2\nIntroduced\nc\n\nPUBLISHING DETAILS\n Sponsoring Ministry\/Portfolio: Ministry of Caymanian Employment and Immigration\n\nImmigration (Transition) (Amendment and Validation) Bill, 2025\nObjects and Reasons\n\nc\nIntroduced\nPage 3\n\nMemorandum of\nOBJECTS AND REASONS\nThis Bill seeks to amend the Immigration (Transition) Act (2022 Revision) (the \u201cprincipal\nAct\u201d) to give the Caymanian Status and Permanent Residency Board and the Director of\nthe Workforce, Opportunities and Residency Cayman Office (\u201cWORC\u201d) the discretion to\npermit a Residency and Employment Rights Certificate to remain in force where, among\nother things, the holder\u2019s marriage or civil partnership is dissolved.\nThe Bill also seeks to amend the principal Act to make exemptions under section 53(1)(b)\nunconditional or subject to such conditions as may be determined by Cabinet.\nAdditionally, the Bill amends the principal Act to introduce term limits for non-Caymanian\ncivil servants and to introduce Certificates for Commercial Farmhands.\nThe Bill amends the principal Act to provide for the refund of fees in prescribed\ncircumstances.\nFurther, the Bill provides for transitional arrangements for certain matters and for the\nvalidation of certain fees that were charged and collected without statutory authority by the\nDirector of WORC and certain fines imposed without statutory authority.\nClause 1 provides the short title and commencement of the legislation.\nClause 2 amends section 1 of the principal Act by changing the short title.\nClause 3 amends section 2 of the principal Act by introducing definitions for certain words,\nincluding definitions for the words \u201ccivil servant\u201d, \u201ccommercial farmhand\u201d and\n\u201cdeveloped real estate\u201d.\nClause 4 amends the principal Act by inserting after section 8 proposed new section 8A.\nThe proposed new section 8A provides that certain entities shall, on request, supply the\nDirector of WORC or a relevant Board with information that is necessary for the exercise\nof the functions of the Director of WORC or the relevant Board. This requirement is subject\nto certain specified exceptions.\nClause 5 amends section 11 of the principal Act as a consequence of the proposed new\nsection 49A which provides for Certificates for Commercial Farmhands. The clause\nprovides that among the functions and powers of the Cayman Brac and Little Cayman\nImmigration Board is the power to process and determine applications for commercial\nfarmhands.\nClause 6 amends section 13 of the principal Act as a consequence of the proposed new\nsection 49A which provides for Certificates for Commercial Farmhands. The clause\nprovides that among the functions and powers of the Work Permit Board is the power to\nprocess, determine and grant applications for commercial farmhands.\n\nObjects and Reasons\nImmigration (Transition) (Amendment and Validation) Bill, 2025\n\nPage 4\nIntroduced\nc\n\nClause 7 amends section 20 of the principal Act to delete the reference to appeals in respect\nof student visas, as student visas are dealt with under the Customs and Border Control Act\n(2024 Revision).\nThe clause also amends section 20 of the principal Act by introducing prescribed financial\nstanding requirements that an appellant under that section with dependants must meet to\nbe allowed to remain in the Islands by the Director of WORC.\nClause 8 amends section 21 of the principal Act the effect of which is to provide for appeals\nto the Immigration Appeals Tribunal by persons who are aggrieved by decisions of the\nDirector of WORC relating to \u2014\n(a) the loss of Residency and Employment Rights Certificates under section 40 of the\nprincipal Act;\n(b) a Certificate for Commercial Farmhands under the proposed new section 49A;\nand\n(c) the revocation of permission to reside permanently in the Islands based on the\nDirector of WORC coming to the conclusion that the relevant marriage is a\nmarriage of convenience or the relevant civil partnership is a civil partnership of\nconvenience.\nClause 9 amends section 26 of the principal Act, among other things, to provide for another\nmechanism by which a person who believes that that person possesses the right to be\nCaymanian under section 26(1)(b) may be formally confirmed by the Director of WORC\nas having that right.\nClause 10 amends section 28 of the principal Act to vary the length of time for which\ncertain categories of persons have to be legally and ordinarily resident in the Islands in\norder to acquire the right to be Caymanian under that section.\nClause 10 also amends section 28 of the principal Act to vary the length of time for which\na person has to be married or in a civil partnership with a Caymanian from a specified date\nbefore that person may apply for the grant of the right to be Caymanian.\nAdditionally, the clause amends section 28 of the principal Act to provide for the\nrequirement for a person who is granted the right to be Caymanian to provide annually a\ndeclaration containing prescribed particulars in respect of the person granted the right to\nbe Caymanian and the person\u2019s dependants on the anniversary of the date of the grant of\nthe right to be Caymanian or the date that the Board may specify. This obligation is\nproposed to last for a period of seven years after the person is granted the right to be\nCaymanian. Failure to provide the annual declaration is an offence and a ground for\nrevocation of the right to be Caymanian.\nFurther, clause 10 amends section 28 of the principal Act by introducing prescribed\nfinancial standing requirements for the surviving spouse or civil partner of a marriage or\ncivil partnership who has dependants where the marriage or civil partnership has not\nsubsisted for at least seven years, as part of the person\u2019s application for the right to\npermanently reside in the Islands.\n\nImmigration (Transition) (Amendment and Validation) Bill, 2025\nObjects and Reasons\n\nc\nIntroduced\nPage 5\n\nClause 11 amends section 33 of the principal Act, among other things, to provide that the\nholder of the right to be Caymanian by entitlement may lose that right where, after reaching\nthe age of eighteen years, the person resides outside the Islands for a period of five years\nand the person fails to notify the Director of WORC accordingly.\nThe clause also amends section 33 of the principal Act to provide that the right to be\nCaymanian granted by the Board may be revoked if the person fails to make the annual\ndeclaration required by proposed new section 28(6A).\nClause 12 amends section 36 of the principal Act to clarify that a person shall pay the\nrelevant prescribed fees in respect of the person, the person\u2019s spouse or civil partner and\nthe person\u2019s dependants for the grant, and the continued approval, of the right to reside\npermanently in the Islands.\nClause 13 amends section 37 of the principal Act to provide, among other things, that the\nspouse or civil partner of a permanent resident may apply to the Board or the Director of\nWORC for a Residency and Employment Rights Certificate, which if granted, will be for\na period of fifteen years.\nThe clause also provides that where the spouse or civil partner of a permanent resident who\nwas granted a Residency and Employment Rights Certificate continues to hold the\nResidency and Employment Rights Certificate, the spouse or civil partner may, no more\nthan one year prior to the end of the fifteen-year period, make an application to the Board\nor the Director of WORC, accompanied by the prescribed fee, for the Residency and\nEmployment Rights Certificate to be renewed indefinitely. Then, after holding the\nResidency and Employment Rights Certificate that has been renewed indefinitely for a\nperiod of at least one year, the spouse or civil partner of a permanent resident in respect of\nwhom the Residency and Employment Rights Certificate is renewed indefinitely may apply\nfor a certificate of naturalisation or registration issued under the British Nationality Act,\n1981.\nClause 13 also amends section 37 of the principal Act to provide that where a nonCaymanian civil servant is granted permanent residence, the non-Caymanian civil servant\nmay work within any occupation in the civil service without the requirement for the\nResidency and Employment Rights Certificate to be varied by the Board or the Director of\nWORC in order to specify that particular occupation.\nFurther, clause 13 amends section 37 of the principal Act to provide for the repeal of\nsubsections (18) and (20). The provisions relate to the discretion of the Board or the\nDirector of WORC to revoke the right of a spouse or civil partner to reside in the Cayman\nIslands on the death of the holder of the Residency and Employment Rights Certificate or\nthe dissolution of the holder\u2019s marriage or civil partnership. The repealed provisions have\nbeen amended and are proposed for insertion in section 40 of the principal Act by virtue of\nthe amendments in clause 15.\nClause 14 amends section 38 of the principal Act to make clear the entitlements and rights\nof the non-Caymanian spouse or civil partner of a Caymanian. Among other things, the\nclause sets out the steps to be taken by the non-Caymanian spouse or civil partner of a\n\nObjects and Reasons\nImmigration (Transition) (Amendment and Validation) Bill, 2025\n\nPage 6\nIntroduced\nc\n\nCaymanian in order that the spouse or civil partner may reside or be gainfully employed in\nthe Cayman Islands. The spouse or civil partner of a Caymanian may apply to the Director\nof WORC or the Caymanian Status and Permanent Residency Board for permission to\nreside in the Islands and if the application is successful the Director of WORC or the Board,\nas the case may be, shall grant to the applicant a Residency and Employment Rights\nCertificate which will be for a period of fifteen years.\nWhere the spouse or civil partner of a Caymanian who was granted a Residency and\nEmployment Rights Certificate continues to hold the Residency and Employment Rights\nCertificate, the spouse or civil partner may, no more than one year prior to the end of the\nfifteen-year period, make an application to the Director of WORC or the Board,\naccompanied by the prescribed fee, for the Residency and Employment Rights Certificate\nto be renewed indefinitely. Then, after holding the Residency and Employment Rights\nCertificate that has been renewed indefinitely for a period of at least one year, the spouse\nor civil partner of a Caymanian in respect of whom the Residency and Employment Rights\nCertificate is renewed indefinitely may apply for a certificate of naturalisation or\nregistration issued under the British Nationality Act, 1981.\nClause 14 also provides that the spouse or civil partner may continue to work under the\nterms and conditions of a work permit until its expiration where a work permit is in effect\non the date of the marriage or civil partnership.\nAdditionally, clause 14 provides that a person who is granted permanent residence under\nsection 37 prior to entering into marriage or civil partnership with a Caymanian may apply\nfor a Residency and Employment Rights Certificate under section 38 of the principal Act\nas the spouse or civil partner of a Caymanian.\nFurther, the clause amends section 38 of the principal Act to provide for the requirement\nfor a holder of a Residency and Employment Rights Certificate issued under that section\nto provide annually a declaration containing prescribed particulars in respect of the holder,\nand the holder\u2019s dependants on the anniversary of the date of issue of the Residency and\nEmployment Rights Certificate or the date that the Board or the Director of WORC may\nspecify. Failure to provide the annual declaration is an offence and a ground for revocation\nof the Residency and Employment Rights Certificate.\nClause 15 amends section 40 of the principal Act to clarify that the rights of the holder of\na Residency and Employment Rights Certificate who is the spouse or civil partner of a\nCaymanian or has obtained the Residency and Employment Rights Certificate as a result\nof marriage to or civil partnership with a holder of a Residency and Employment Rights\nCertificate may be revoked by the Board or the Director of WORC on a number of grounds.\nThese grounds include where \u2014\n(a) the marriage or civil partnership with a Caymanian or the holder of a Residency\nand Employment Rights Certificate is dissolved or annulled after seven years but\nbefore fifteen years of the marriage or civil partnership taking place;\n(b) the holder of the Residency and Employment Rights Certificate ceases to be\nlegally and ordinarily resident in the Cayman Islands; or\n\nImmigration (Transition) (Amendment and Validation) Bill, 2025\nObjects and Reasons\n\nc\nIntroduced\nPage 7\n\n(c) the holder of the Residency and Employment Rights Certificate and the spouse or\ncivil partner are living apart under a decree of a competent court.\nThe clause also sets out the steps to be taken by an affected person to apply for a Residency\nand Employment Rights Certificate where the Board or the Director of WORC exercises\nthe discretion to revoke the original Residency and Employment Rights Certificate.\nFurthermore, clause 15 amends section 40 of the principal Act to clarify that where a person\nwho is applying for a continuation of a Residency and Employment Rights Certificate on\nthe basis that the person is or was the spouse of a Caymanian and that the person has a\nCaymanian child, the Caymanian child must be a child of both parties to the marriage or\ncivil partnership with the Caymanian.\nThe clause also amends section 40 of the principal Act to provide that where a person\napplies under section 40(2) for a continuation of the Residency and Employment Rights\nCertificate, the person shall provide the Board or the Director of WORC with proof \u2014\n(a) of whether the person is able to support himself or herself, and whether the\nperson meets the prescribed financial standing requirements to be able to support\nthe Caymanian child and any other approved dependants;\n(b) that the person is financially supporting and contributing positively to the life of\nthe person\u2019s Caymanian child and approved dependants;\n(c) that the person is of good character; and\n(d) that the person is in good health.\nClause 16 amends section 42 of the principal Act to provide that an applicant for a\nCertificate of Permanent Residence for Persons of Independent Means must satisfy the\nDirector of WORC that at the time that the application is made the applicant has invested\nthe prescribed sum in developed real estate in the Islands and the paid-up amount of the\ninvestment as at the time of the application satisfies that prescribed sum.\nThe clause also amends section 42 of the principal Act to provide that a Certificate of\nPermanent Residence for Persons of Independent Means, if granted, will be for a period of\nten years.\nFurther, the clause amends section 42 of the principal Act to provide that a Certificate of\nPermanent Residence for Persons of Independent Means may be renewed indefinitely, on\napplication accompanied by the prescribed fee. Where the Certificate of Permanent\nResidence for Persons of Independent Means is renewed indefinitely, after continuing to\nhold that Certificate for a period of at least one year, the holder of that Certificate may\napply for a certificate of naturalisation or registration issued under the British Nationality\nAct, 1981.\nClause 17 amends section 47 of the principal Act to provide for a requirement that the\nholder of a Certificate of Direct Investment issued under section 47(3) provides an annual\ndeclaration in respect of the holder and the holder\u2019s dependants.\nClause 18 amends section 49 of the principal Act to include an age limit in the list of\neligibility criteria for a Certificate of Specialist Caregivers.\n\nObjects and Reasons\nImmigration (Transition) (Amendment and Validation) Bill, 2025\n\nPage 8\nIntroduced\nc\n\nThe clause also amends section 49 of the principal Act to provide that such a Certificate\nmay be renewed for one further period of five years.\nFurther, clause 18 amends section 49 of the principal Act to provide that a Certificate for\nSpecialist Caregivers ceases to be valid on the holder of the Certificate attaining the age of\nsixty-five years.\nClause 19 amends the principal Act by inserting after section 49 proposed new section 49A\nwhich introduces a Certificate for Commercial Farmhands. A Certificate for Commercial\nFarmhands permits a person to work or continue to work with an employer at an\nagricultural enterprise named in the Certificate in the capacity of a commercial farmhand\nor in another capacity where the person is caring for a farm or cultivating land.\nThe proposed new section 49A provides that the employer or former employer of a person\nwho meets certain criteria may apply to the Director of WORC or the relevant Board for\nthe grant or renewal of a Certificate for Commercial Farmhands in respect of that person.\nFurther, the proposed new section 49A provides that a Certificate for Commercial\nFarmhands ceases to be valid on the holder of the Certificate attaining the age of sixty-five\nyears.\nClause 20 amends section 50 of the principal Act to provide for a requirement that the\nholder of a Residency Certificate (Substantial Business Presence) issued under section\n50(3) provides an annual declaration in respect of the holder and the holder\u2019s dependants.\nClause 21 amends section 51 of the principal Act to introduce additional grounds on which\na person\u2019s permission to reside permanently in the Islands may be revoked by the Board or\nthe Director of WORC, including where there are reasonable grounds for suspecting that a\nmarriage or civil partnership is one of convenience or that the person is not financially\nsupporting, or contributing positively to the life of, the person\u2019s Caymanian child.\nClause 22 amends section 52A of the principal Act as a consequence of the introduction of\nCertificates for Commercial Farmhands. The clause provides, among other things, that an\nemployer or former employer who applies for a Certificate for Commercial Farmhands\nshall provide the Board or the Director of WORC with a vaccination certificate or other\nspecified health information relating to the vaccination status of that employee or former\nemployee.\nClause 23 amends the principal Act by inserting after section 52B proposed new section\n52C. The proposed new section 52C provides that for the purposes of certain specified\nsections of the principal Act, the reference to \u201cspecial circumstances\u201d shall be taken to\nmean instances where the child remains involuntarily either wholly or substantially\ndependent on the holder of the relevant certificate as a result of a physical or mental\ndisability.\nClause 24 amends section 53 of the principal Act to remove the exemption from the\napplication of Part 7 of the principal Act that applied to persons employed by the\nGovernment of the Islands, as a consequence of the introduction of term limits in respect\nof non-Caymanian civil servants.\n\nImmigration (Transition) (Amendment and Validation) Bill, 2025\nObjects and Reasons\n\nc\nIntroduced\nPage 9\n\nNotwithstanding this, the clause also amends section 53 of the principal Act to identify\nthose provisions under Part 7 which will not apply with respect to the employment of nonCaymanian civil servants.\nThe clause also amends section 53 of the principal Act to provide that Part 7 of the principal\nAct will not apply to judges, magistrates and persons employed by the Parliament\nManagement Commission.\nFurther, the clause amends section 53 of the principal Act to provide that an exemption of\nany person from the provisions under Part 7 may be unconditional or subject to conditions\nas may be determined by the Cabinet.\nClause 25 amends section 55 of the principal Act to make it clear that persons employed\nas civil servants may carry on gainful occupation in the Islands, including gainful\noccupation in respect of any restricted area of employment.\nClause 26 amends section 58 of the principal Act to make it mandatory for prospective\nemployers, unless exempted by the Cabinet, the Board or the Director of WORC \u2014\n(a) to pay the prescribed non-refundable fee to register a vacancy to which an\napplication for a work permit relates for the vacancy to be posted on an electronic\nportal established and managed by WORC for a period of twenty-one days before\nthe submission of the application; and\n(b) advertise the vacancy to which the application relates in a local newspaper or other\nprescribed media for a period of twenty-one days before the submission of the\napplication.\nThe clause also amends section 58 of the principal Act to provide that among the matters\nthat are to be taken into account in respect of an application for the grant or renewal of a\nwork permit is whether the resources or the proposed salary of the worker, are able to\nsupport the worker and, if applicable, the worker\u2019s spouse or civil partner. Where there are\ndependants, it will also be taken into account whether the resources or the proposed salary\nmeet the prescribed financial standing requirements to be able to support the dependants.\nClause 27 amends the principal Act by repealing and substituting section 64. The\nsubstituted section 64 provides that generally work permit holders are not permitted to\nchange their employer within the first two years of the work permit being granted. This is\nsubject to the exception where the person holding the work permit is a domestic helper\nseeking to be employed as a domestic helper by another employer. The clause further\nprovides that unless the work permit holder satisfies the Director of WORC that there are\ncertain prescribed circumstances which resulted in the work permit holder terminating\nemployment within the first two years of the work permit granted, the former work permit\nholder shall leave the Islands for at least one year before any other prospective employer\nis able to apply for a work permit in respect of the person.\nClause 28 amends section 66 of the principal Act to, among other things, deal with nonCaymanian civil servants who become workers as a consequence of the introduction of\nterm limits in respect of non-Caymanian civil servants.\n\nObjects and Reasons\nImmigration (Transition) (Amendment and Validation) Bill, 2025\n\nPage 10\nIntroduced\nc\n\nClause 29 amends the principal Act by inserting proposed sections 66A, 66B and 66C.\nThe proposed section 66A provides that the Cabinet may make regulations exempting a\nclass, or categories of a class, of workers from the term limit requirement under section 66.\nThe proposed section 66B provides for the introduction of term limits for non-Caymanian\ncivil servants.\nThe proposed section 66C provides that where an exemption relating to the appointment\nor reappointment of a non-Caymanian as a civil servant is granted under the Public Service\nManagement Act (2018 Revision), that exemption shall be treated as an exemption from\nthe term limit requirement under proposed section 66B for the period of the exemption\ngranted under the Public Service Management Act (2018 Revision). Proposed section 66C\nalso provides that where such an exemption is granted, the relevant appointing officer shall\nnotify the Cabinet in writing of the exemption within thirty working days after the decision\nto grant the exemption is made.\nClause 30 amends section 67 of the principal Act to empower the Director of WORC, after\nconsultation with the Minister, to prescribe, by notice published in the Gazette, the fee for\na work permit or temporary work permit in a case where an occupation for which a work\npermit or temporary work permit is being sought is not prescribed. The fee prescribed by\nthe Director of WORC shall not exceed the highest annual work permit fee prescribed\nunder section 72(2)(f).\nClause 31 amends section 70 of the principal Act to provide that a marriage officer, a\nRegistrar, a Civil Registrar or a civil partnership officer shall request prescribed\ninformation from the parties to an intended marriage or a marriage, or an intended civil\npartnership or a civil partnership for the purposes of determining whether there are\nreasonable grounds for suspicion that the marriage or civil partnership is one of\nconvenience.\nThe clause also amends section 70 of the principal Act to provide that the failure to comply\nwith any such request shall be taken into account by the marriage officer, Registrar, Civil\nRegistrar or civil partnership officer, unless there are exceptional circumstances that have\ncaused the non-compliance.\nClause 32 amends the principal Act by inserting proposed new section 71A. The proposed\nnew section empowers the Director of WORC to re-issue certificates and provide\nduplicates of any licence or permit granted under the Act on the application by the person\nto whom the original was issued or granted and on the payment of the applicable fees.\nClause 33 amends section 72 of the principal Act to empower the Cabinet to make\nregulations to prescribe the information which may be requested in order to determine\nwhether there are reasonable grounds for suspicion that a marriage or civil partnership is a\nmarriage or civil partnership of convenience.\nThe clause also amends section 72 of the principal Act to provide at subsection (2)(f) that\nregulations may prescribe, among other things, the fees payable in respect of the reissue of\na certificate or a document and the provision of any duplicate of a licence or permit. The\nclause provides further at proposed subsection (2)(fb) that regulations may provide for the\n\nImmigration (Transition) (Amendment and Validation) Bill, 2025\nObjects and Reasons\n\nc\nIntroduced\nPage 11\n\nrefund, waiver or reduction of those fees and may prescribe the circumstances under which\nthe fees may be refunded, waived or reduced.\nFurther, clause 33 amends section 72 of the principal Act, by way of the insertion of\nsubsections (3) and (4).\nProposed subsection (3) provides that regulations made under the legislation may prescribe\nthat the contravention of the regulations constitutes an offence for which the person is liable\non summary conviction, to a fine of twenty thousand dollars or to imprisonment for a term\nof two years, or to both.\nProposed subsection (4) provides that the power to make regulations under subsection (2)\nincludes, among other things, the power to provide for such exceptions, limitations or\nconditions that the Cabinet considers necessary or expedient.\nClause 34 amends the principal Act by inserting after section 75 proposed new section\n75A. The proposed new section provides for the offence of submitting false information\nconcerning one\u2019s financial standing. The proposed new section also stipulates that the\nprovision of false information in relation to one\u2019s financial standing is a ground for\nrevocation of the relevant Certificate or work permit.\nClause 35 amends the principal Act by inserting after section 83 proposed new section\n83A. The proposed new section 83A provides for various transitional matters as a\nconsequence of the amendments proposed under the legislation.\nClause 36 provides for the validation of fees collected by and paid to the Director of WORC\nwithout statutory authority for the re-issuing of certificates or documents and for the\nprovision of duplicates of licences and permits prior to the commencement of the relevant\nprovision this legislation.\nClause 36 also provides for the validation of certain fines imposed by the court without\nstatutory authority prior to the commencement of the relevant provision of this legislation.\nClause 37 provides that this legislation does not affect any order or determination made by\na court relating to fees collected by and paid to the Director of WORC for the re-issuing of\ncertificates or documents and for the provision of duplicates of licences and permits prior\nto the commencement of the relevant provision of this legislation.\nClause 37 also provides that this legislation does not affect any order or determination\nmade by a court relating to fines imposed by the court on persons convicted of offences\nunder regulations made under the principal Act prior to the commencement of the relevant\nprovision of this legislation.\n\nImmigration (Transition) (Amendment and Validation) Bill, 2025\nArrangement of Clauses\n\nc\nIntroduced\nPage 13\n\nCAYMAN ISLANDS\n\nIMMIGRATION (TRANSITION) (AMENDMENT\nAND VALIDATION) BILL, 2025\n\nArrangement of Clauses\nClause\nPage\n1.\nShort title and commencement ................................................................................................ 15\n2.\nAmendment of section 1 of the Immigration (Transition) Act (2022 Revision) - short title ......... 16\n3.\nAmendment of section 2 - interpretation................................................................................... 16\n4.\nInsertion of section 8A - sharing of information with WORC or a Board .................................... 19\n5.\nAmendment of section 11 - Cayman Brac and Little Cayman Immigration Board ..................... 20\n6.\nAmendment of section 13 - functions of Boards; Head of Work Permits, Cayman Status\nand Permanent Residence ...................................................................................................... 20\n7.\nAmendment of section 20 - appeals from decisions of an officer .............................................. 21\n8.\nAmendment of section 21 - appeals from decisions of Boards and Director of WORC ............. 21\n9.\nAmendment of section 26 - categories of Caymanians............................................................. 21\n10.\nAmendment of section 28 - acquisition of the right to be Caymanian by grant of the Board ...... 22\n11.\nAmendment of section 33 - revocation of right to be Caymanian .............................................. 24\n12.\nAmendment of section 36 - categories of permanent residence ............................................... 25\n13.\nAmendment of section 37 - persons legally and ordinarily resident in the Islands for at\nleast eight years ...................................................................................................................... 25\n14.\nAmendment of section 38 - Residency and Employment Rights Certificate for spouse or\ncivil partner of a Caymanian..................................................................................................... 27\n15.\nAmendment of section 40 - loss of Residency and Employment Rights Certificate ................... 30\n16.\nAmendment of section 42 - Certificate of Permanent Residence for Persons of\nIndependent Means ................................................................................................................. 35\n17.\nAmendment of section 47 - Certificate of Direct Investment ..................................................... 36\n18.\nAmendment of section 49 - Certificate for Specialist Caregivers .............................................. 37\n\nArrangement of Clauses\nImmigration (Transition) (Amendment and Validation) Bill, 2025\n\nPage 14\nIntroduced\nc\n\n19.\nInsertion of section 49A - Certificate for Commercial Farmhands ............................................. 37\n20.\nAmendment of section 50 - Residency Certificate (Substantial Business Presence) ................ 41\n21.\nAmendment of section 51 - general provisions relating to loss of permanent residency ........... 41\n22.\nAmendment of section 52A - mandatory vaccinations for persons specified under Part 6 ........ 42\n23.\nInsertion of section 52C - references to \u201cspecial circumstances\u201d in certain sections ................. 42\n24.\nAmendment of section 53 - persons exempted ........................................................................ 42\n25.\nAmendment of section 55 - who may be gainfully employed .................................................... 43\n26.\nAmendment of section 58 - consideration of application for work permit by Board etc .............. 43\n27.\nRepeal and substitution of section 64 - change of employer .................................................... 44\n28.\nAmendment of section 66 - term limits ..................................................................................... 45\n29.\nInsertion of sections 66A, 66B and 66C - exemption from term limits under section 66;\nterm limits for non-Caymanian civil servants; exemption from term limits under section\n66B .......................................................................................................................................... 47\n30.\nAmendment of section 67 - work permit fees ........................................................................... 52\n31.\nAmendment of section 70 - marriages and civil partnerships of convenience ........................... 52\n32.\nInsertion of section 71A - reissue of documents and provision of duplicates ............................ 53\n33.\nAmendment of section 72 - regulations .................................................................................... 53\n34.\nInsertion of section 75A - offence to submit false information concerning financial\nstanding ................................................................................................................................... 54\n35.\nInsertion of section 83A - further transitional matters ............................................................... 54\n36.\nValidation................................................................................................................................. 57\n37.\nOrders or determinations by court not affected ........................................................................ 57\n\nImmigration (Transition) (Amendment and Validation) Bill, 2025\nClause 1\n\nc\nIntroduced\nPage 15\n\nCAYMAN ISLANDS\n\nIMMIGRATION (TRANSITION) (AMENDMENT\nAND VALIDATION) BILL, 2025\n\nA BILL FOR AN ACT TO AMEND THE IMMIGRATION (TRANSITION) ACT (2022\nREVISION) TO GIVE THE CAYMANIAN STATUS AND PERMANENT RESIDENCY\nBOARD AND THE DIRECTOR OF WORC THE DISCRETION TO ALLOW A RESIDENCY\nAND EMPLOYMENT RIGHTS CERTIFICATE TO REMAIN IN FORCE WHERE THE\nHOLDER\u2019S MARRIAGE OR CIVIL PARTNERSHIP IS, AMONG OTHER THINGS,\nDISSOLVED; TO MAKE EXEMPTIONS PROVIDED FOR UNDER SECTION 53(1)(b)\nEITHER UNCONDITIONAL OR SUBJECT TO SUCH CONDITIONS AS MAY BE\nDETERMINED BY CABINET; TO INTRODUCE TERM LIMITS FOR NON-CAYMANIAN\nCIVIL\nSERVANTS;\nTO\nINTRODUCE\nCERTIFICATES\nFOR\nCOMMERCIAL\nFARMHANDS; TO PROVIDE FOR THE MAKING OF REGULATIONS TO DEAL WITH\nTHE REFUNDS OF FEES IN CERTAIN CIRCUMSTANCES; TO PROVIDE FOR THE\nVALIDATION OF CERTAIN FEES CHARGED AND COLLECTED BY THE DIRECTOR\nOF WORC AND CERTAIN FINES IMPOSED; AND FOR INCIDENTAL AND CONNECTED\nPURPOSES\nENACTED by the Legislature of the Cayman Islands.\n1.\nShort title and commencement\n1.\n(1) This Act may be cited as the Immigration (Transition) (Amendment and\nValidation) Act, 2025.\n\nClause 2\nImmigration (Transition) (Amendment and Validation) Bill, 2025\n\nPage 16\nIntroduced\nc\n\n(2) Subject to subsection (3), this Act comes into force on such date as may be\nappointed by Order made by the Cabinet and different dates may be appointed\nfor different provisions of this Act and in relation to different matters.\n(3) The following sections come into force immediately after the commencement\nof the regulations made under section 67(1)(aa) and 67(1)(ab) of the Public\nService Management Act (2018 Revision) \u2014\n(a)\nsection 3(b)(iii) and (iv);\n(b) section 13(a), (b) and (c);\n(c)\nsection 24(a)(i), (b) and (c);\n(d) section 28(a), (b), (c), (d), (e)(i) (only as it relates to the amendments to\nsection 66(10)(a)(ii) and (iv) of the principal Act) and (e)(iv);\n(e)\nsection 29; and\n(f)\nproposed section 83A(7) in section 35.\n2.\nAmendment of section 1 of the Immigration (Transition) Act (2022 Revision)\n- short title\n2.\nThe Immigration (Transition) Act (2022 Revision), in this Act referred to as the\n\u201cprincipal Act\u201d, is amended in section 1 by deleting the words \u201cImmigration\n(Transition)\u201d and substituting the words \u201cCaymanian Protection\u201d.\n3.\nAmendment of section 2 - interpretation\n3.\nThe principal Act is amended in section 2 as follows \u2014\n(a)\nby renumbering section 2 as section 2(1);\n(b) in section 2(1) as renumbered, as follows \u2014\n(i)\nin the definition of the words \u201cmedical certificate\u201d, by inserting after\nthe words \u201cmeans\u201d the words \u201c, in relation to sections 52A, 52B,\n53A(3), 56(4A), 63(7B) and 66(5A),\u201d;\n(ii) by deleting the definition of the words \u201cspecial circumstances\u201d;\n(iii) by deleting the definition of the words \u201cterm limit\u201d and substituting\nthe following definition \u2014\n\u201c \u201cterm limit\u201d means \u2014\n(a) in relation to a worker, the maximum period of time in respect\nof which work permits may be granted or renewed for a worker\nas prescribed in section 66(1); and\n(b) in relation to a non-Caymanian civil servant, the maximum\nperiod of time as prescribed in section 66B(1);\u201d;\n(iv) by deleting the definition of the word \u201cworker\u201d and substituting the\nfollowing definition \u2014\n\nImmigration (Transition) (Amendment and Validation) Bill, 2025\nClause 3\n\nc\nIntroduced\nPage 17\n\n\u201c \u201cworker\u201d means a person, including an employee of a statutory\nauthority or a government company, in respect of whom a work\npermit has been or may be granted or renewed under Part 7;\u201d; and\n(v) by inserting in the appropriate alphabetical sequence, the following\ndefinitions \u2014\n\u201c \u201ccivil servant\u201d means a person employed by the government and\nis a public officer for the purposes of the Constitution, but does not\ninclude \u2014\n(a) a person employed by a government company or statutory\nauthority;\n(b) a Member of the Parliament other than an Official Member; or\n(c) a person referred to in section 53(1)(a)(i);\n\u201ccivil service\u201d means the group comprising all civil servants;\n\u201ccommercial farmhand\u201d means \u2014\n(a) a farmer, livestock farmer, general farmhand, farmer helper or a\nperson who otherwise cares for a farm or who cultivates land;\nand\n(b) who is employed with an agricultural enterprise that is registered\nwith the Department of Agriculture as a commercial agricultural\nproducer;\n\u201cCustoms and Border Control Service\u201d has the meaning assigned\nby section 2 of the Customs and Border Control Act (2024 Revision);\n\u201cDepartment\nof\nCommunity\nRehabilitation\u201d\nmeans\nthe\ndepartment of Government having responsibility for providing\nservices relating to the rehabilitation and management of adult\noffenders;\n\u201cDepartment of Children and Family Services\u201d means the\ndepartment of Government having responsibility for the welfare of\nchildren;\n\u201cDepartment of Financial Assistance\u201d means the department of\nGovernment referred to in section 3 of the Financial Assistance Act,\n2022;\n\u201cdeveloped real estate\u201d means \u2014\n(a) one strata lot;\n(b) one parcel; or\n(c) one set of contiguous parcels,\nthat has undergone a physical improvement to land in the nature of\nbuildings, structures or other improvements that enhances the value\nof the land for industrial, agricultural, commercial or residential\n\nClause 3\nImmigration (Transition) (Amendment and Validation) Bill, 2025\n\nPage 18\nIntroduced\nc\n\npurposes, and in the case of real estate for industrial, commercial or\nresidential purposes, a certificate of occupancy has been issued,\nwhere applicable;\n\u201cgovernment company\u201d means \u2014\n(a) a company in which the Government has a controlling interest;\nand\n(b) in respect of each such company, includes all subsidiary entities\nof the company;\n\u201cgovernment entity\u201d means any body of the Government and\nincludes a ministry, portfolio, statutory authority, government\ncompany, the Office of the Ombudsman, the Office of the Director\nof Public Prosecutions and the Audit Office;\n\u201cHealth Insurance Commission\u201d means the Health Insurance\nCommission established under section 3 of the Health Insurance\nCommission Act (2016 Revision);\n\u201cHealth Services Authority\u201d means the Cayman Islands Health\nServices Authority established by section 3 of the Health Services\nAuthority Act (2018 Revision);\n\u201cmagistrate\u201d has the meaning assigned by section 2 of the Summary\nJurisdiction Act (2025 Revision);\n\u201cOfficial Member\u201d means the Deputy Governor or the Attorney\nGeneral;\n\u201cpaid-up amount\u201d, in relation to an investment in developed real\nestate, means the amount that has been paid toward the purchase\nprice, mortgage principal or development cost by an applicant at the\ntime of a relevant application, and which is free from any outstanding\nfinancing obligations;\n\u201cparcel\u201d has the meaning assigned by section 2 of the Registered\nLand Act (2018 Revision);\n\u201cParliament Management Commission\u201d means the Parliament\nManagement Commission established by section 3 of the Parliament\n(Management) Act (2023 Revision);\n\u201cPortfolio of the Civil Service\u201d has the meaning assigned by section\n2(1) of the Public Service Management Act (2018 Revision);\n\u201cRoyal Cayman Islands Police Service\u201d means the Royal Cayman\nIslands Police Service referred to in section 3 of the Police Act (2021\nRevision);\n\u201cstatutory authority\u201d means an entity established by a law to carry\nout functions that are capable, under that law, of being funded, partly\nor entirely, by money provided by the Government, and for which\n\nImmigration (Transition) (Amendment and Validation) Bill, 2025\nClause 4\n\nc\nIntroduced\nPage 19\n\nthe Governor, the Cabinet or the Government has the power to\nappoint or dismiss the majority of the Board or other governing body;\n\u201cstrata lot\u201d has the meaning assigned by section 2(1) of the Strata\nTitles Registration Act (2013 Revision); and\n\u201cworking day\u201d means a day of the week, excluding Saturdays,\nSundays and public general holidays.\u201d; and\n(c)\nby inserting after subsection (1) the following subsection \u2014\n\u201c(2) Where, for the purposes of an application under this Act \u2014\n(a) a person\u2019s health is to be taken into consideration; or\n(b) there is a requirement for the person to be in good health,\nas evidence of such health, the person shall provide a medical\ncertificate dated no more than three months before the date on which\nthe relevant application is made.\u201d.\n4.\nInsertion of section 8A - sharing of information with WORC or a Board\n4.\nThe principal Act is amended by inserting after section 8 the following section \u2014\n\u201cSharing of information with WORC or a Board\n8A.(1)\nThe entities referred to in subsection (2) shall, on request, supply the\nDirector of WORC, or a relevant Board, with information that is\nnecessary for the exercise of the functions of the Director of WORC\nor the relevant Board in \u2014\n(a)\nprocessing applications for work permits, grants for Caymanian\nstatus, permanent residence and any other category of\nresidence;\n(b) exercising functions relating to the revocation of work permits,\ngrants of Caymanian status, permanent residence and any other\ncategory of residence; and\n(c)\npromoting and facilitating the employment of Caymanians and\nother prescribed persons in the Islands, through the use of\nvarious facilities and services.\n(2) For the purposes of subsection (1), the entities are as follows \u2014\n(a)\nthe Royal Cayman Islands Police Service;\n(b) the Customs and Border Control Service;\n(c)\nthe Director of Public Prosecutions;\n(d) the Department of Community Rehabilitation;\n(e)\nthe Department of Children and Family Services;\n(f)\nthe Department of Financial Assistance;\n\nClause 5\nImmigration (Transition) (Amendment and Validation) Bill, 2025\n\nPage 20\nIntroduced\nc\n\n(g) the Health Insurance Commission;\n(h) the Health Services Authority;\n(i)\nthe Portfolio of the Civil Service;\n(j)\nthe department of Government known as the Department of\nCommerce and Investment;\n(k) the\ndepartment\nof\nGovernment\nresponsible\nfor\nthe\nadministrative services relating to the delivery of the\nscholarships programme; and\n(l)\nthe unit of Government responsible for national training and\ndevelopment.\n(3) An entity referred to in subsection (2) is not required to disclose\ninformation under this section if the disclosure of the particular\ninformation \u2014\n(a)\nis likely to prejudice \u2014\n(i)\nthe conduct of legal proceedings, whether criminal or\ncivil, and whether arising under, or by virtue of, this Act\nor otherwise; or\n(ii) the maintenance of the law, including prejudice to the\nprevention, detection, investigation, prosecution and\npunishment of offences,\nand this prejudice is likely to outweigh the benefits of\ndisclosure;\n(b) the information would be privileged from production in legal\nproceedings on the ground of legal professional privilege; or\n(c)\nthe disclosure would be in contempt of court.\n(4) This section does not affect any other power, duty or obligation\nconferred or imposed on an entity referred to in subsection (2) to\nprovide information to the Director of WORC or a relevant Board.\u201d.\n5.\nAmendment of section 11 - Cayman Brac and Little Cayman Immigration\nBoard\n5.\nThe principal Act is amended in section 11(6)(b) by inserting after the word\n\u201cCaregivers\u201d the words \u201cand Commercial Farmhands\u201d.\n6.\nAmendment of section 13 - functions of Boards; Head of Work Permits,\nCayman Status and Permanent Residence\n6.\nThe principal Act is amended in section 13(3)(a)(ii) by inserting after the word\n\u201cCaregivers\u201d the words \u201cand Commercial Farmhands\u201d.\n\nImmigration (Transition) (Amendment and Validation) Bill, 2025\nClause 7\n\nc\nIntroduced\nPage 21\n\n7.\nAmendment of section 20 - appeals from decisions of an officer\n7.\nThe principal Act is amended in section 20 as follows \u2014\n(a)\nin subsection (2), by repealing paragraph (a);\n(b) by repealing subsection (3) and substituting the following subsection \u2014\n\u201c(3) An appellant under subsection (2) may be allowed to remain in the\nIslands if the appellant satisfies the Director of WORC that the\nperson is able to support himself or herself and, where the person has\ndependants, that that person meets the prescribed financial standing\nrequirements to be able to support the person\u2019s dependants.\u201d; and\n(c)\nin subsection (4), by deleting the words \u201csubsection (2)(b)\u201d and\nsubstituting the words \u201csubsection (2)\u201d.\n8.\nAmendment of section 21 - appeals from decisions of Boards and Director\nof WORC\n8.\nThe principal Act is amended in section 21(1) by deleting the words \u201cunder section\n37, 49 or 56(5)\u201d and substituting the words \u201cunder section 37, 40, 49, 49A, 51(1)(lb),\n51(lc) or 56(5),\u201d.\n9.\nAmendment of section 26 - categories of Caymanians\n9.\nThe principal Act is amended in section 26 as follows \u2014\n(a)\nin subsection (2), by deleting the words \u201csubsection (1)\u201d and substituting\nthe words \u201csubsection (1)(a), (c), (d) or (e)\u201d;\n(b) by inserting after subsection (2) the following subsection \u2014\n\u201c(2A)A person who believes that the person possesses the right to be\nCaymanian under subsection (1)(b) \u2014\n(a) may apply in the prescribed form and manner to the Director of\nWORC for the formal confirmation of that right in that person\u2019s\npassport; and\n(b) within fourteen days after receiving the application, the Director\nof WORC shall either provide the confirmation or give written\nreasons for the refusal to do so.\n(2B) Where the person under subsection (2A) is granted formal\nconfirmation of the right to be Caymanian under subsection (1)(b) by\nvirtue of having a Caymanian parent or grandparent, the Caymanian\nparent or grandparent, on presenting the Caymanian parent\u2019s or\ngrandparent\u2019s passport to the Director of WORC, shall be formally\nconfirmed by the Director of WORC in that passport, as having the\nright to be Caymanian.\u201d; and\n(c)\nin subsection (4), by deleting the words \u201cunder subsection (2) or (3)\u201d and\nsubstituting the words \u201cunder subsection (2), (2A), (2B) or (3)\u201d.\n\nClause 10\nImmigration (Transition) (Amendment and Validation) Bill, 2025\n\nPage 22\nIntroduced\nc\n\n10.\nAmendment of section 28 - acquisition of the right to be Caymanian by grant\nof the Board\n10. The principal Act is amended in section 28 as follows \u2014\n(a)\nin subsection (3) as follows \u2014\n(i)\nby deleting the words \u201cfifteen years\u201d and substituting the words\n\u201ctwenty years\u201d; and\n(ii) by deleting the words \u201cfive years\u201d and substituting the words \u201cten\nyears\u201d;\n(b) in subsection (4), by deleting the words \u201cfifteen years\u201d and substituting the\nwords \u201ctwenty years\u201d;\n(c)\nin subsection (5) as follows \u2014\n(i)\nby repealing paragraph (a) and substituting the following\nparagraph \u2014\n\u201c(a) who has been married to, or in a civil partnership with, a person\nwho is Caymanian at the date of the marriage or civil\npartnership or who has been married to, or in a civil partnership\nwith, a person who becomes Caymanian during the marriage or\nthe civil partnership \u2014\n(i)\nfor at least five years immediately preceding the\napplication, where the marriage took place prior to 1st\nJanuary, 2004;\n(ii) for at least seven years immediately preceding the\napplication, where the marriage took place on or after 1st\nJanuary, 2004 but prior to the date of commencement of\nsection 10(c) of the Immigration (Transition) (Amendment\nand Validation) Act, 2025;\n(iii) for at least seven years immediately preceding the\napplication, where the civil partnership took place prior to\nthe date of commencement of section 10(c) of the\nImmigration (Transition) (Amendment and Validation)\nAct, 2025; or\n(iv) for at least fifteen years immediately preceding the\napplication, where the marriage or civil partnership took\nplace on or after the date of commencement of section\n10(c) of the Immigration (Transition) (Amendment and\nValidation) Act, 2025;\u201d; and\n(ii) by repealing paragraph (e) and substituting the following\nparagraph \u2014\n\u201c(e) who has not lived apart from his or her spouse or civil partner\nfor an aggregate period of three months \u2014\n\nImmigration (Transition) (Amendment and Validation) Bill, 2025\nClause 10\n\nc\nIntroduced\nPage 23\n\n(i)\nout of the five years immediately preceding the\napplication, where the marriage took place prior to 1st\nJanuary, 2004;\n(ii) out of the seven years immediately preceding the\napplication, where the marriage took place on or after 1st\nJanuary, 2004 but prior to the date of commencement of\nsection 10(c) of the Immigration (Transition) (Amendment\nand Validation) Act, 2025;\n(iii) out of the seven years immediately preceding the\napplication, where the civil partnership took place prior to\nthe date of commencement of section 10(c) of the\nImmigration (Transition) (Amendment and Validation)\nAct, 2025; or\n(iv) out of the fifteen years immediately preceding the\napplication, where the marriage or civil partnership took\nplace on or after the date of commencement of section\n10(c) of the Immigration (Transition) (Amendment and\nValidation) Act, 2025;\u201d;\n(d) by inserting after subsection (6) the following subsections \u2014\n\u201c(6A) A person who is granted the right to be Caymanian pursuant to an\napplication made under subsection (5) shall, for a period of seven\nyears after being granted that right, provide annually a declaration\ncontaining prescribed particulars in respect of the person granted the\nright to be Caymanian and the person\u2019s dependants \u2014\n(a) on the anniversary of the date of the grant of the right to be\nCaymanian; or\n(b) on the date that the Board may specify.\n(6B) The failure of the person who is granted the right to be Caymanian to\nprovide the declaration under subsection (6A) is an offence and a\nground for revocation of the right to be Caymanian.\u201d;\n(e)\nin subsection (7), by repealing paragraph (a) and substituting the following\nparagraph \u2014\n\u201c(a) was married to, or in a civil partnership with, the deceased \u2014\n(i)\nfor at least seven years at the time of the death of the\nCaymanian spouse or civil partner, in the case of a person\nreferred to in subsection (5)(a)(ii) or (iii); or\n(ii) for at least fifteen years at the time of the death of the\nCaymanian spouse or civil partner, in the case of a person\nreferred to in subsection (5)(a)(iv);\u201d;\n(f)\nin subsection (8), as follows \u2014\n\nClause 11\nImmigration (Transition) (Amendment and Validation) Bill, 2025\n\nPage 24\nIntroduced\nc\n\n(i)\nby inserting after the words \u201cseven years\u201d the words \u201cor fifteen years,\nas applicable,\u201d; and\n(ii) by repealing paragraph (d) and substituting the following\nparagraph \u2014\n\u201c(d) whether the applicant is able to support himself or herself and,\nwhere the applicant has dependants, whether the applicant\nmeets the prescribed financial standing requirements to be able\nto support the applicant\u2019s dependants; and\u201d; and\n(g) by repealing subsection (10) and substituting the following subsection \u2014\n\u201c(10) A person who is Caymanian by entitlement and \u2014\n(a) who has attained the age of seventeen years;\n(b) whose Caymanian status by entitlement \u2014\n(i)\nwill expire when that person attains the age of eighteen\nyears; or\n(ii) has expired on that person having attained the age of\neighteen years; and\n(c) has been legally and ordinarily resident in the Islands for at least\nfive out of the seven years immediately preceding the date of\nthe application,\nmay apply to the Board for the grant of the right to be Caymanian,\nand the application shall be granted unless the Board has compelling\nreasons for refusing it, and the grant shall take effect when the person\nattains the age of eighteen years or, where that person is already\neighteen years, from the date of the grant.\u201d.\n11.\nAmendment of section 33 - revocation of right to be Caymanian\n11. The principal Act is amended in section 33 as follows \u2014\n(a)\nin subsection (1), by repealing paragraphs (c) and (ca) and substituting the\nfollowing paragraphs \u2014\n\u201c(c) where there are reasonable grounds for suspecting that the\nmarriage of the holder, being the spouse of a Caymanian, is a\nmarriage of convenience and which have led the Board to\nconclude that the marriage is a marriage of convenience;\n(ca) where there are reasonable grounds for suspecting that the civil\npartnership of the holder, being the civil partner of a\nCaymanian, is a civil partnership of convenience and which\nhave led the Board to conclude that the civil partnership is a\ncivil partnership of convenience;\n\nImmigration (Transition) (Amendment and Validation) Bill, 2025\nClause 12\n\nc\nIntroduced\nPage 25\n\n(cb) where the person fails to make the annual declaration in respect\nof himself or herself and the person\u2019s dependants, as required\nby section 28(6A); or\u201d; and\n(b) by repealing subsection (2) and substituting the following subsection \u2014\n\u201c(2) The holder of the right to be Caymanian by entitlement under this\nAct or under any analogous provision in an earlier Act \u2014\n(a)\nmay lose that right where \u2014\n(i)\nthe person has not been legally and ordinarily resident in\nthe Islands for a period of seven years immediately before\nreaching the age of eighteen years; or\n(ii) after reaching the age of eighteen years, the person resides\noutside the Islands for a period of five years; and\n(b) shall notify the Director of WORC immediately of the relevant\ncircumstances involving that person\u2019s legal and ordinary\nresidence in the Islands or absence from the Islands, as\napplicable, and wilful failure to do so is an offence.\u201d.\n12.\nAmendment of section 36 - categories of permanent residence\n12. The principal Act is amended in section 36 by inserting after subsection (2) the\nfollowing subsection \u2014\n\u201c(2A) In accordance with this Act and the regulations, a person shall pay\nthe relevant prescribed fees in respect of the person, the person\u2019s\nspouse or civil partner and the person\u2019s dependants for the grant,\nand the continued approval, of the right to reside permanently in\nthe Islands.\u201d.\n13.\nAmendment of section 37 - persons legally and ordinarily resident in the\nIslands for at least eight years\n13. The principal Act is amended in section 37 as follows \u2014\n(a)\nin subsection (4), as follows \u2014\n(i)\nby inserting after the words \u201csection 66(4)\u201d the words \u201cor 66B(3)\u201d;\nand\n(ii) by repealing paragraph (b) and substituting the following\nparagraph \u2014\n\u201c(b) in the case of a non-Caymanian civil servant, until the nonCaymanian civil servant re-qualifies under the criteria\ncontained in this section having taken the break in stay required\nunder section 66B(1).\u201d;\n(b) in subsection (5), by deleting the words \u201cbut the Certificate\u201d and\nsubstituting the words \u201cbut, subject to subsection (5A), the Certificate\u201d;\n\nClause 13\nImmigration (Transition) (Amendment and Validation) Bill, 2025\n\nPage 26\nIntroduced\nc\n\n(c)\nby inserting after subsection (5) the following subsection \u2014\n\u201c(5A)Where a non-Caymanian civil servant is granted permanent\nresidence, the non-Caymanian civil servant may work within any\noccupation in the civil service without the requirement for the\nResidency and Employment Rights Certificate to be varied by the\nBoard or the Director of WORC in order to specify that particular\noccupation.\u201d;\n(d) in subsection (12), by inserting after the words \u201cthe holder\u2019s dependants\u201d\nthe words \u201con the anniversary of the date of issue of the Residency and\nEmployment Rights Certificate or on the date that the Board or the Director\nof WORC may specify\u201d;\n(e)\nby repealing subsection (16) and substituting the following subsections \u2014\n\u201c(16) The spouse or civil partner of a permanent resident may apply in the\nprescribed form and manner to the Board or the Director of WORC\nfor a Residency and Employment Rights Certificate, which if granted\nwill be for a period of fifteen years, subject to the same conditions\nand entitlements as specified in subsection (5).\n(16A)The application under subsection (16) shall be accompanied by \u2014\n(a) evidence as to the stability of the marriage or civil partnership\nand a statement as to the number of dependants, if any, of the\nspouse or civil partner; and\n(b) the prescribed fee.\n(16B)The Board or the Director of WORC shall take into account the\nfollowing \u2014\n(a) that the spouse or civil partner of the applicant is a permanent\nresident;\n(b) whether there are reasonable grounds to suspect that the\nmarriage is a marriage of convenience;\n(c) whether there are reasonable grounds to suspect that the civil\npartnership is a civil partnership of convenience;\n(d) that the applicant is of good character;\n(e) that the applicant is in good health;\n(f) that the marriage or civil partnership is stable; and\n(g) that the applicant and the applicant\u2019s spouse or civil partner have\nsufficient financial means to support themselves and, where\nthere are dependants listed on the application as accompanying\nthe applicant, the applicant meets the prescribed financial\nstanding requirements to be able to support those dependants.\n\nImmigration (Transition) (Amendment and Validation) Bill, 2025\nClause 14\n\nc\nIntroduced\nPage 27\n\n(16C)Where the spouse or civil partner of a permanent resident who was\ngranted a Residency and Employment Rights Certificate under\nsubsection (16) continues to hold the Residency and Employment\nRights Certificate, no more than one year prior to the end of the\nfifteen-year period \u2014\n(a) the spouse or civil partner may make an application to the Board\nor the Director of WORC in the prescribed form and manner,\naccompanied by the prescribed fee, for the Residency and\nEmployment Rights Certificate to be renewed indefinitely; and\n(b) the Residency and Employment Rights Certificate may be\nrenewed indefinitely at the discretion of the Board or the\nDirector of WORC.\n(16D)Where the Director of WORC or the Board renews the Residency\nand Employment Rights Certificate indefinitely under subsection\n(16C) \u2014\n(a) the spouse or civil partner of a permanent resident in respect of\nwhom the Residency and Employment Rights Certificate is\nrenewed indefinitely shall continue to comply with any relevant\nrequirements as the holder of a Residency and Employment\nRights Certificate, including, where applicable, the payment of\nprescribed fees; and\n(b) after continuing to hold the Residency and Employment Rights\nCertificate that has been renewed indefinitely for a period of at\nleast one year, the spouse or civil partner of a permanent resident\nin respect of whom the Residency and Employment Rights\nCertificate is renewed indefinitely may apply for a certificate of\nnaturalisation or registration issued under the British Nationality\nAct, 1981.\u201d;\n(f)\nby repealing subsections (18) and (20);\n(g) in subsection (21), by deleting the words \u201csubsection (5) or (18)\u201d and\nsubstituting the words \u201csubsection (5) or section 40(1A)\u201d; and\n(h) in subsection (23), by deleting the words \u201cthis section or section 38\u201d and\nsubstituting the words \u201cthis section, section 38 or section 40(1A)\u201d.\n14.\nAmendment of section 38 - Residency and Employment Rights Certificate for\nspouse or civil partner of a Caymanian\n14. The principal Act is amended in section 38 as follows \u2014\n(a)\nby repealing subsection (1) and substituting the following subsections \u2014\n\u201c(1) Subject to section 40(3) \u2014\n\nClause 14\nImmigration (Transition) (Amendment and Validation) Bill, 2025\n\nPage 28\nIntroduced\nc\n\n(a) the spouse or civil partner of a Caymanian may apply to the\nDirector of WORC or the Caymanian Status and Permanent\nResidency Board in the prescribed form and manner for\npermission to reside in the Islands; and\n(b) if the application is successful the Director of WORC or the\nCaymanian Status and Permanent Residency Board, as the case\nmay be, shall grant to the applicant a Residency and\nEmployment Rights Certificate which will be for a period of\nfifteen years.\u201d;\n(b) by repealing subsection (2) and substituting the following subsection \u2014\n\u201c(2) The application under subsection (1) shall be accompanied by \u2014\n(a) evidence as to the stability of the marriage or civil partnership\nand a statement as to the number of dependants, if any, of the\nspouse or civil partner; and\n(b) the prescribed fee.\u201d;\n(c)\nby repealing subsection (3) and substituting the following subsection \u2014\n\u201c(3)The Director of WORC or the Board shall take into account the\nfollowing \u2014\n(a) that the spouse or civil partner of the applicant is a Caymanian;\n(b) whether there are reasonable grounds to suspect that the\nmarriage is a marriage of convenience;\n(c) whether there are reasonable grounds to suspect that the civil\npartnership is a civil partnership of convenience;\n(d) that the applicant is of good character;\n(e) that the applicant is in good health;\n(f) that the marriage or civil partnership is stable; and\n(g) that the applicant and the applicant\u2019s spouse or civil partner have\nsufficient financial means to support themselves and, where\nthere are dependants listed on the application as accompanying\nthe applicant, the applicant meets the prescribed financial\nstanding requirements to be able to support those dependants.\u201d;\n(d) by inserting after subsection (3) the following subsections \u2014\n\u201c(3A)Subject to section 40(3), where the spouse or civil partner of a\nCaymanian who was granted a Residency and Employment Rights\nCertificate under subsection (1) continues to hold the Residency and\nEmployment Rights Certificate, no more than one year prior to the\nend of the fifteen-year period \u2014\n(a)\nthe spouse or civil partner may make an application to the\nDirector of WORC or the Caymanian Status and Permanent\n\nImmigration (Transition) (Amendment and Validation) Bill, 2025\nClause 14\n\nc\nIntroduced\nPage 29\n\nResidency Board in the prescribed form and manner,\naccompanied by the prescribed fee, for the Residency and\nEmployment Rights Certificate to be renewed indefinitely; and\n(b) the Residency and Employment Rights Certificate may be\nrenewed indefinitely at the discretion of the Director of WORC\nor the Caymanian Status and Permanent Residency Board.\n(3B) Where the Director of WORC or the Caymanian Status and\nPermanent Residency Board renews the Residency and Employment\nRights Certificate indefinitely under subsection (3A) \u2014\n(a) the spouse or civil partner of a Caymanian in respect of whom\nthe Residency and Employment Rights Certificate is renewed\nindefinitely shall continue to comply with any relevant\nrequirements as the holder of a Residency and Employment\nRights Certificate, including, where applicable, the payment of\nprescribed fees; and\n(b) after continuing to hold the Residency and Employment Rights\nCertificate that has been renewed indefinitely for a period of at\nleast one year, the spouse or civil partner of a Caymanian in\nrespect of whom the Residency and Employment Rights\nCertificate is renewed indefinitely may apply for a certificate of\nnaturalisation or registration issued under the British\nNationality Act, 1981.\u201d;\n(e)\nby repealing subsection (6) and substituting the following subsections \u2014\n\u201c(6) Subject to subsection (6B), the non-Caymanian spouse or civil\npartner of a Caymanian shall apply for a Residency and Employment\nRights Certificate under this section in order that the spouse or civil\npartner may reside or be gainfully employed in the Islands.\n(6A) The non-Caymanian spouse or civil partner of a Caymanian shall not\nbe entitled to apply for, or to be granted, a work permit or the renewal\nof a work permit but where a work permit is in effect on the date of\nthe marriage or civil partnership, the spouse or civil partner may\ncontinue to work under the terms and conditions of the work permit\nuntil its expiration.\n(6B) A person who was granted permanent residence under section 37\nprior to entering into marriage to or civil partnership with a\nCaymanian may apply for a Residency and Employment Rights\nCertificate under this section as the spouse or civil partner of a\nCaymanian.\u201d;\n(f)\nin subsection (7), by deleting the words \u201cNotwithstanding subsection (6)\u201d\nand substituting the words \u201cNotwithstanding subsections (6) and (6A)\u201d;\n\nClause 15\nImmigration (Transition) (Amendment and Validation) Bill, 2025\n\nPage 30\nIntroduced\nc\n\n(g) in subsection (8), by deleting the words \u201cNotwithstanding subsection (6)\u201d\nand substituting the words \u201cNotwithstanding subsections (6) and (6A)\u201d;\nand\n(h) by inserting after subsection (9) the following subsections \u2014\n\u201c(10) The holder of a Residency and Employment Rights Certificate issued\nunder this section shall provide annually a declaration containing\nprescribed particulars in respect of the holder and the holder\u2019s\ndependants \u2014\n(a) on the anniversary of the date of issue of the Residency and\nEmployment Rights Certificate; or\n(b) on the date that the Board or the Director of WORC may\nspecify.\n(11) The failure of the holder of a Residency and Employment Rights\nCertificate to provide the declaration under subsection (10) is an\noffence and a ground for revocation of the Residency and\nEmployment Rights Certificate.\u201d.\n15.\nAmendment of section 40 - loss of Residency and Employment Rights\nCertificate\n15. The principal Act is amended in section 40 as follows \u2014\n(a)\nby repealing subsection (1) and substituting the following subsections \u2014\n\u201c(1) Subject to subsections (1A) and (2), the rights of the holder of a\nResidency and Employment Rights Certificate who \u2014\n(a)\nis the spouse or civil partner of a Caymanian; or\n(b) has obtained the Residency and Employment Rights Certificate\nas a result of marriage to or civil partnership with the holder of\na Residency and Employment Rights Certificate under section\n37(16) or any other earlier analogous provision,\nmay be revoked at the discretion of the Board or the Director of\nWORC if \u2014\n(i)\nthe first-mentioned holder falls within any of the\nprovisions of section 51;\n(ii) the first-mentioned holder\u2019s spouse or civil partner ceases\nto be a Caymanian or to be a Residency and Employment\nRights Certificate holder;\n(iii) the marriage or civil partnership is dissolved or annulled,\nand at the time of the dissolution or annulment, the\nmarriage or civil partnership subsisted for at least seven\nyears but less than fifteen years;\n\nImmigration (Transition) (Amendment and Validation) Bill, 2025\nClause 15\n\nc\nIntroduced\nPage 31\n\n(iv) the first-mentioned holder ceases to be legally and\nordinarily resident in the Islands; or\n(v) the first-mentioned holder and the spouse or civil partner\nare living apart \u2014\n(A) under a decree of a competent court;\n(B) under a deed of separation; or\n(C) in circumstances where, in the opinion of the Board\nor the Director of WORC, the marriage or civil\npartnership has irretrievably broken down.\n(1A) Where the Residency and Employment Rights Certificate is revoked\nin respect of a person under subsection (1)(iii) or (1)(v), the person\nmay apply for the grant of a Residency and Employment Rights\nCertificate in accordance with section 37 within a period of three\nmonths after the revocation.\n(1B) Where an application for a Residency and Employment Rights\nCertificate has been made under subsection (1A) within the period of\nthree months after the revocation, the applicant\u2019s right to reside in the\nIslands shall continue on the same terms and conditions until the\nBoard or the Director of WORC determines the application or the\nImmigration Appeals Tribunal determines any subsequent appeal.\n(1C) Where a Residency and Employment Rights Certificate is granted in\naccordance with this section, the prescribed fees shall only be\npayable by the holder of the Residency and Employment Rights\nCertificate where the holder re-marries or re-enters into a civil\npartnership.\n(1D) The holder of a Residency and Employment Rights Certificate issued\nunder this section shall provide an annual declaration containing\nprescribed particulars in respect of the holder and the holder\u2019s\ndependants \u2014\n(a) on the anniversary of the date of issue of the Residency and\nEmployment Rights Certificate; or\n(b) on the date that the Board or the Director of WORC may specify.\n(1E) The failure of the holder of a Residency and Employment Rights\nCertificate to provide the declaration under subsection (1D) is an\noffence and a ground for revocation of the Residency and\nEmployment Rights Certificate.\n(1F) Where the Residency and Employment Rights Certificate is not\nrevoked in respect of a person under subsection (1)(iii) \u2014\n\nClause 15\nImmigration (Transition) (Amendment and Validation) Bill, 2025\n\nPage 32\nIntroduced\nc\n\n(a) the person\u2019s right to reside in the Islands shall continue on the\nsame terms and conditions; and\n(b) one year prior to the end of the fifteen-year period for which the\nResidency and Employment Rights Certificate is to be held, the\nperson may apply for the grant of a Residency and Employment\nRights Certificate in accordance with section 37.\u201d;\n(b) in subsection (2) as follows \u2014\n(i)\nby deleting the chapeau and substituting the following chapeau \u2014\n\u201c(2) A person whose Residency and Employment Rights Certificate\nmay be revoked under subsection (1) and who \u2014\u201d; and\n(ii) in paragraph (b), by inserting after the words \u201cCaymanian child\u201d the\nwords \u201cwho is a child of both parties to the marriage or civil\npartnership referred to in paragraph (a)\u201d;\n(c)\nby inserting after subsection (2) the following subsections \u2014\n\u201c(2A) Where a person applies under subsection (2) (\u201cthe applicant\u201d) for a\ncontinuation of the Residency and Employment Rights Certificate, the\napplicant shall provide the Board or the Director of WORC with\nproof \u2014\n(a) of whether the applicant is able to support himself or herself, and\nwhether the applicant meets the prescribed financial standing\nrequirements to be able to support the Caymanian child and any\nother dependants approved and added by the Board or the\nDirector of WORC (\u201capproved dependants\u201d);\n(b) that the applicant is financially supporting and contributing\npositively to the life of the person\u2019s Caymanian child and\napproved dependants;\n(c) that the applicant is of good character; and\n(d) that the applicant is in good health.\n(2B) Where the Board or the Director of WORC is unable to obtain\nsufficient proof referred to in subsection (2A)(b) from the applicant,\nthe Board or the Director of WORC shall request that the Department\nof Children and Family Services or the Department of Community\nRehabilitation assess the applicant and prepare a report on whether the\napplicant is financially supporting, and contributing positively to the\nlife of, the applicant\u2019s Caymanian child and approved dependants.\n(2C) Where the Board or the Director of WORC is not satisfied that the\napplicant is \u2014\n(a) financially supporting the applicant\u2019s Caymanian child and\napproved dependants; or\n\nImmigration (Transition) (Amendment and Validation) Bill, 2025\nClause 15\n\nc\nIntroduced\nPage 33\n\n(b) contributing positively to the life of the applicant\u2019s Caymanian\nchild and approved dependants,\nthe Board or the Director of WORC shall notify the applicant in\nwriting that the application is under review and of the additional\nmatters specified in subsection (2D).\n(2D) For the purposes of subsection (2C), the Board or the Director of\nWORC shall notify the applicant of the following additional\nmatters \u2014\n(a) that the applicant is being granted permission to continue\nworking in the Islands in any occupation without the need to\npossess a work permit for a period of six months from the date\nof the written notice under subsection (2C);\n(b) that the applicant is entitled to have the applicant\u2019s approved\ndependants reside in the Islands for the period referred to in\nparagraph (a); and\n(c) that during the period referred to in paragraph (a), the Board or\nthe Director of WORC may request any information or further\nparticulars from the applicant as are reasonable for the Board or\nthe Director of WORC to determine the matter.\n(2E) Where, pursuant to any information or further particulars provided\nunder subsection (2D)(c), the Board or the Director of WORC is not\nsatisfied that the person \u2014\n(a) has financially supported or contributed positively to the life of\nthe person\u2019s Caymanian child and approved dependants; or\n(b) is able to continue to financially support or contribute positively\nto the life of the person\u2019s Caymanian child and approved\ndependants,\nthe Board or the Director of WORC shall refuse the application.\n(2F) Where a person who applies under subsection (2) for a continuation\nof the Residency and Employment Rights Certificate remarries or\nenters into a subsequent civil partnership with a non-Caymanian, the\nspouse or civil partner from the subsequent marriage or civil\npartnership shall not be added as a dependant on the continued\nResidency and Employment Rights Certificate.\u201d; and\n(d) by repealing subsection (3) and substituting the following subsections \u2014\n\u201c(3) Notwithstanding section 38(1), where the holder of a Residency and\nEmployment Rights Certificate is the surviving spouse or civil\npartner of a Caymanian and at the time of the death of the\nCaymanian \u2014\n\nClause 15\nImmigration (Transition) (Amendment and Validation) Bill, 2025\n\nPage 34\nIntroduced\nc\n\n(a) the marriage or the civil partnership subsisted for less than seven\nyears, the Board or the Director of WORC shall revoke the\nResidency and Employment Rights Certificate of that surviving\nspouse or civil partner; or\n(b) the marriage or civil partnership subsisted for at least seven\nyears, that surviving spouse or civil partner shall be required, in\norder to continue to hold that Certificate, to apply to the Board\nor the Director of WORC within six months after the death of\nthe Caymanian for the right to continue to hold the Certificate\nand the 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) whether the applicant is able to support himself or herself,\nand where the applicant has dependants, whether the\napplicant meets the prescribed financial standing\nrequirements to be able to support the applicant\u2019s\ndependants; and\n(v) the applicant\u2019s health and character,\nand after consideration of the application, the Board or the\nDirector of WORC shall either revoke the Certificate or allow\nthe continuation of the Certificate.\n(4) Where an application for the continuation of a Residency and\nEmployment Rights Certificate has been made under subsection (3)\nwithin the period referred to in that section, the applicant\u2019s right to\nreside in the Islands shall continue on the same terms and conditions\nuntil the Board or the Director of WORC determines the application\nor the Immigration Appeals Tribunal determines any subsequent\nappeal.\n(5) Where a Residency and Employment Rights Certificate is revoked\nunder subsection (3), the surviving spouse or civil partner may apply,\nwithin a period of three months after the revocation \u2014\n(a) for the right to reside permanently in the Islands under section\n28(8); or\n\nImmigration (Transition) (Amendment and Validation) Bill, 2025\nClause 16\n\nc\nIntroduced\nPage 35\n\n(b) for the grant of a Residency and Employment Rights Certificate\nunder section 37, where the surviving spouse or civil partner\nsatisfies the requirements.\n(6) Where an application has been made pursuant to subsection (5)\nwithin the period referred to in that subsection, the applicant\u2019s right\nto reside in the Islands shall continue on the same terms and\nconditions until the Board or the Director of WORC determines the\napplication or the Immigration Appeals Tribunal determines any\nsubsequent appeal.\n(7) Where a person who is granted permanent residence under section 37\nprior to entering into marriage to, or civil partnership with, a\nCaymanian applies for and is granted a Residency and Employment\nRights Certificate under section 38 as the spouse or civil partner of a\nCaymanian, except where the provisions of section 51(1) apply, in\nthe event of \u2014\n(a) the death of the Caymanian spouse or civil partner; or\n(b) the dissolution, breakdown or annulment of the marriage or\ncivil partnership,\nthe person shall continue to have the right to remain permanently in\nthe Islands if, at the time of the death or the dissolution, breakdown\nor annulment of the marriage or civil partnership, the person was\nmarried to or in a civil partnership with the Caymanian for at least\nfifteen years.\u201d.\n16.\nAmendment of section 42 - Certificate of Permanent Residence for Persons\nof Independent Means\n16. The principal Act is amended in section 42 as follows \u2014\n(a)\nby repealing subsection (1) and substituting the following subsection \u2014\n\u201c(1) A person may apply in the prescribed form and manner to the\nDirector of WORC for a Certificate of Permanent Residence for\nPersons of Independent Means, which if granted will be for a period\nof ten years, subject to the same conditions and entitlements as\nspecified in subsection (2).\u201d; and\n(b) in subsection (2), by repealing paragraph (a) and substituting the following\nparagraph \u2014\n\u201c(a) at the time that the application is made, the applicant has\ninvested in developed real estate in the Islands and the paid-up\namount of the investment as at the time of the application\nsatisfies the prescribed sum that is to be invested in developed\nreal estate in the Islands for the purposes of this section;\u201d.\n\nClause 17\nImmigration (Transition) (Amendment and Validation) Bill, 2025\n\nPage 36\nIntroduced\nc\n\n(c)\nby inserting after subsection (3) the following subsections \u2014\n\u201c(3A)Where the person who is the holder of a Certificate of Permanent\nResidence for Persons of Independent Means continues to hold the\nCertificate, no more than one year prior to the end of the ten-year\nperiod \u2014\n(b) the person may make an application to the Caymanian Status and\nPermanent Residency Board or the Director of WORC in the\nprescribed form and manner, accompanied by the prescribed fee,\nfor the Certificate of Permanent Residence for Persons of\nIndependent Means to be renewed indefinitely; and\n(b) the Certificate of Permanent Residence for Persons of\nIndependent Means may be renewed indefinitely at the\ndiscretion of the Caymanian Status and Permanent Residency\nBoard or the Director of WORC.\n(3B)Where the Caymanian Status and Permanent Residency Board or the\nDirector of WORC renews the Certificate of Permanent Residence\nfor Persons of Independent Means indefinitely under subsection\n(3A) \u2014\n(a) the person in respect of whom the Certificate of Permanent\nResidence for Persons of Independent Means is renewed\nindefinitely shall continue to comply with any relevant\nrequirements as the holder of a Certificate of Permanent\nResidence for Persons of Independent Means, including, where\napplicable, the payment of prescribed fees; and\n(b) after continuing to hold the Certificate of Permanent Residence\nfor Persons of Independent Means that has been renewed\nindefinitely for a period of at least one year, the person in\nrespect of whom the Certificate of Permanent Residence for\nPersons of Independent Means is renewed indefinitely may\napply for a certificate of naturalisation or registration issued\nunder the British Nationality Act, 1981.\u201d; and\n(d) in subsection (4), by deleting the word \u201cCertificates\u201d and substituting the\nwords \u201cCertificates of Permanent Residence for Persons of Independent\nMeans\u201d.\n17.\nAmendment of section 47 - Certificate of Direct Investment\n17. The principal Act is amended in section 47 by inserting after subsection (11) the\nfollowing subsections \u2014\n\u201c(12) The holder of a Certificate issued under subsection (3) shall provide\nan annual declaration containing prescribed particulars in respect of\nthe holder and the holder\u2019s dependants \u2014\n\nImmigration (Transition) (Amendment and Validation) Bill, 2025\nClause 18\n\nc\nIntroduced\nPage 37\n\n(a) on the anniversary of the date of issue of the Certificate of\nDirect Investment; or\n(b) on the date that the Director of WORC may specify.\n(13) The failure by the holder of a Certificate of Direct Investment to\nprovide the declaration under subsection (12) is an offence and a\nground for revocation of the Certificate of Direct Investment.\u201d.\n18.\nAmendment of section 49 - Certificate for Specialist Caregivers\n18. The principal Act is amended in section 49 as follows \u2014\n(a)\nin subsection (2), as follows \u2014\n(i)\nin paragraph (h), by deleting the word \u201cand\u201d appearing at the end of\nthe paragraph; and\n(ii) in paragraph (i), by deleting the full stop appearing at the end of the\nparagraph and substituting the words \u201c; and\u201d; and\n(iii) by inserting after paragraph (i) the following paragraph \u2014\n\u201c(j) the person has not attained the age of sixty-five years.\u201d;\n(b) in subsection (3) by deleting the words \u201cshall be renewable for a period of\nfive years\u201d and substituting the words \u201c, subject to section 83A(5), shall\nbe renewable for one further period of five years\u201d; and\n(c)\nby inserting after subsection (11) the following subsection \u2014\n\u201c(12) A Certificate for Specialist Caregivers ceases to be valid on the\nholder of the Certificate attaining the age of sixty-five years.\u201d.\n19.\nInsertion of section 49A - Certificate for Commercial Farmhands\n19. The principal Act is amended by inserting after section 49 the following section \u2014\n\u201cCertificate for Commercial Farmhands\n49A.(1) A Certificate for Commercial Farmhands may be issued in\naccordance with this section to the employer of a person specified in\nsubsection (2) to permit the person to work or to continue to work\nwith the employer at an agricultural enterprise named in the\nCertificate in the capacity of a commercial farmhand or in another\ncapacity where the person is caring for a farm or cultivating land.\n(2) A person is eligible to be employed under a Certificate for\nCommercial Farmhands if \u2014\n(a)\nin the case where the person is or was the holder of a work\npermit, either \u2014\n(i)\nthe person holds a final work permit; or\n\nClause 19\nImmigration (Transition) (Amendment and Validation) Bill, 2025\n\nPage 38\nIntroduced\nc\n\n(ii) the person held a final work permit that has expired and\nthe person has departed the Islands, and an application for\nemployment under a Certificate for Commercial\nFarmhands is made within one year from the date of that\ndeparture;\n(b) in any other case, either \u2014\n(i)\nthe person holds permission granted under section 66(4);\nor\n(ii) the person held permission granted under section 66(4)\nthat has expired and an application for employment under\na Certificate for Commercial Farmhands is made if the\nperson is otherwise legally resident in the Islands or\nremains in the Islands on the basis of permission granted\nunder the Customs and Border Control Act (2024\nRevision);\n(c) in relation to paragraphs (a) and (b), the final work permit or\nthe permission \u2014\n(i)\nis or was for employment with an agricultural enterprise\nthat is registered with the Department of Agriculture as a\ncommercial agricultural producer; and\n(ii) is or was due to the person being employed with the\nemployer or former employer making the application as a\nfarmer, livestock farmer, general farmhand or farmer\nhelper, or in another capacity where the person is caring\nfor a farm or cultivating land;\n(d) the person is in good health and possesses health insurance\ncoverage; and\n(e)\nthe person has not attained the age of sixty-five years.\n(3) The employer or former employer of a person referred to in\nsubsection (2) may apply to \u2014\n(a) the Work Permit Board or the Director of WORC; or\n(b) where the employment relates to employment in Cayman Brac\nor Little Cayman, to the Cayman Brac and Little Cayman\nImmigration Board,\nfor the grant or renewal of a Certificate for Commercial Farmhands\nin respect of that person.\n(4) Where, having received an application under subsection (3), the\nWork Permit Board or the Director of WORC is satisfied that the\ncriteria in subsection (2) are met, the Work Permit Board or the\nDirector of WORC, having regard to the criteria in section 58(3) and\n\nImmigration (Transition) (Amendment and Validation) Bill, 2025\nClause 19\n\nc\nIntroduced\nPage 39\n\non payment of the prescribed fee, may issue a Certificate for\nCommercial Farmhands, valid for five years from the date of\nissuance of the Certificate, to take effect \u2014\n(a)\non the expiry of the employee\u2019s final work permit or permission\ngranted under section 66(4); or\n(b) in the event that the employee\u2019s final work permit or permission\ngranted under section 66(4) has expired, on the date of the\ndecision of the Board or the Director of WORC,\nand the Certificate shall be renewable for one further period of five\nyears, on application to the Board or the Director of WORC and on\npayment of the prescribed fee, if the criteria in subsection (2) remain\nsatisfied.\n(5) On the issue of a Certificate for Commercial Farmhands, the name of\nthe agricultural enterprise that is registered with the Department of\nAgriculture as a commercial agricultural producer shall be inscribed\non the Certificate.\n(6) Where, during the currency of a final work permit or permission\ngranted under section 66(4), an application had been made to the\nWork Permit Board or to the Director of WORC \u2014\n(a)\nfor the grant of a Certificate for Commercial Farmhands where\nthe applicant is eligible to make such an application; or\n(b) for the renewal of a Certificate for Commercial Farmhands\nprior to the expiry of the current Certificate,\nif the application \u2014\n(i)\nhas not yet been determined by the Work Permit Board or\nthe Director of WORC; or\n(ii) has been refused by the Work Permit Board or the Director\nof WORC and that refusal has been appealed under\nsection 21 to the Immigration Appeals Tribunal within the\nprescribed time for doing so,\nnotwithstanding the fact that the final work permit, the permission\ngranted under section 66(4) or the Certificate for Commercial\nFarmhands has expired, it shall not be an offence for the employee to\nwhom the application relates to continue to be engaged in gainful\noccupation on the same terms and conditions of the final work\npermit, the permission granted under section 66(4) or the Certificate\nfor Commercial Farmhands while awaiting a notification of the\ndetermination of the application or appeal.\n\nClause 19\nImmigration (Transition) (Amendment and Validation) Bill, 2025\n\nPage 40\nIntroduced\nc\n\n(7) A Certificate for Commercial Farmhands shall not confer on the\nemployee\u2019s spouse or civil partner or dependants any rights with\nrespect to residence and employment in the Islands.\n(8) An application for the renewal of a Certificate for Commercial\nFarmhands, where the applicant was eligible to make the application,\nmay be refused and a Certificate may be revoked by the Work Permit\nBoard or the Director of WORC if \u2014\n(a)\nthe employee named in the Certificate ceases to be employed\nby the employer named in the Certificate;\n(b) the person named in the Certificate as being the employer dies\nor becomes in the opinion of the Work Permit Board or the\nDirector of WORC no longer capable of holding the Certificate;\n(c)\nthe agricultural enterprise named in the Certificate is dissolved\nor ceases to operate; or\n(d) in the opinion of the Work Permit Board or the Director of\nWORC, any of the matters referred to in section 51(1)(a), (c),\n(d), (e), (f), (g), (h), (k) or (n) applies to the employee named in\nthe Certificate.\n(9) Where the employment arrangement between the employee and the\nemployer who is the Certificate holder ceases or the Certificate\nholder or the agricultural enterprise named in the Certificate is\ndissolved or ceases to operate, the employee named in the Certificate\nor the employer who is the Certificate holder shall inform the Board\nor the Director of WORC within thirty days of the cessation or\ndissolution, and failure to do so is an offence for which both the\nCertificate holder and the employee named in the Certificate are\nliable.\n(10) Unless the employee named in the Certificate for Commercial\nFarmhands is allowed to remain under another provision of this Act,\nthe employee shall leave the Islands where \u2014\n(a)\na Certificate for Commercial Farmhands expires and no\napplication is made for its renewal;\n(b) an application for renewal of a Certificate for Commercial\nFarmhands is not permitted to be made; or\n(c)\nan application for renewal of a Certificate for Commercial\nFarmhands is made but is refused and no appeal has been made,\nand neither the Board nor the Director of WORC shall grant or renew\na work permit for the employee for at least one year after the\nemployee has left the Islands.\n\nImmigration (Transition) (Amendment and Validation) Bill, 2025\nClause 20\n\nc\nIntroduced\nPage 41\n\n(11) A Certificate for Commercial Farmhands ceases to be valid on the\nholder of the Certificate attaining the age of sixty-five years.\u201d.\n20.\nAmendment of section 50 - Residency Certificate (Substantial Business\nPresence)\n20. The principal Act is amended in section 50 by repealing subsection (10) and\nsubstituting the following subsections \u2014\n\u201c(10) When paying the prescribed annual fee the holder shall also submit a\ndeclaration signed by the holder confirming \u2014\n(a)\nthat the holder\u2019s permission to operate or work in the business\nhas not been lost as a result of the revocation or non-renewal of\na required licence;\n(b) that the holder was physically resident in the Islands for a\nminimum of ninety days in aggregate in the preceding calendar\nyear; and\n(c)\nany other particulars as may be prescribed in respect of the\nholder and the holder\u2019s dependants.\n(10A)The failure of the holder of a Residency Certificate (Substantial\nBusiness Presence) issued under subsection (3) to provide the\ndeclaration under subsection (10) is an offence and a ground for\nrevocation of the Residency Certificate (Substantial Business\nPresence).\u201d.\n21.\nAmendment of section 51 - general provisions relating to loss of permanent\nresidency\n21. The principal Act is amended in section 51(1) as follows \u2014\n(a)\nby repealing paragraph (f) and substituting the following paragraph \u2014\n\u201c(f) the person is suffering from mental impairment or a serious\nmental illness as defined in the Mental Health Act (2023\nRevision) that makes that person\u2019s continued residence in the\nIslands dangerous to the community;\u201d;\n(b) by repealing paragraph (j) and substituting the following paragraph \u2014\n\u201c(j) the person fails to make the annual declaration as required by\nsection 37(12), 38(10), 40(1D), 47(12) or 50(10), as\napplicable;\u201d; and\n(c)\nby inserting after paragraph (l) the following paragraphs \u2014\n\u201c(la) either the Board or the Director of WORC is of the opinion that\nthe person is not financially supporting or contributing\npositively to the life of the person\u2019s Caymanian child who was\nreferenced in the application for permanent residence for the\n\nClause 22\nImmigration (Transition) (Amendment and Validation) Bill, 2025\n\nPage 42\nIntroduced\nc\n\npurposes of demonstrating that the person possesses close\nCaymanian connections;\n(lb) there are reasonable grounds for suspecting that the marriage of\nthe holder, being the spouse of a Caymanian, is a marriage of\nconvenience and which have led the Board or the Director of\nWORC to conclude that the marriage is a marriage of\nconvenience;\n(lc) there are reasonable grounds for suspecting that the civil\npartnership of the holder, being the civil partner of a\nCaymanian, is a civil partnership of convenience and which\nhave led the Board or the Director of WORC to conclude that\nthe civil partnership is a civil partnership of convenience;\u201d.\n22.\nAmendment of section 52A - mandatory vaccinations for persons specified\nunder Part 6\n22. The principal Act is amended in section 52A(5) by inserting after the words \u201cunder\nsection 49 for a Certificate for Specialist Caregivers\u201d the words \u201cor under section 49A\nfor a Certificate for Commercial Farmhands\u201d.\n23.\nInsertion of section 52C - references to \u201cspecial circumstances\u201d in certain\nsections\n23. The principal Act is amended by inserting after section 52B the following section \u2014\n\u201cReferences to \u201cspecial circumstances\u201d in certain sections\n52C.For the purposes of sections 37(21), 38(4)(b), 40(2D)(b), 44(1), 47(9) and\n50(8), special circumstances shall be taken to mean instances where the\nchild remains involuntarily either wholly or substantially dependent on the\nholder as a result of a physical or mental disability.\u201d.\n24.\nAmendment of section 53 - persons exempted\n24. The principal Act is amended in section 53 as follows \u2014\n(a)\nin subsection (1), as follows \u2014\n(i)\nin paragraph (a), by repealing subparagraph (i) and substituting the\nfollowing subparagraph \u2014\n\u201c(i) any of the following persons in respect of that person\u2019s\nemployment \u2014\n(A) judges of the Grand Court for the Cayman Islands;\n(B) judges of the Cayman Islands Court of Appeal;\n(C) magistrates; and\n(D) persons employed by the Parliament Management\nCommission;\u201d; and\n\nImmigration (Transition) (Amendment and Validation) Bill, 2025\nClause 25\n\nc\nIntroduced\nPage 43\n\n(ii)  in paragraph (b), by deleting the word \u201cprescribed\u201d and substituting\nthe words \u201cdetermined by the Cabinet\u201d;\n(b) in subsection (2), by deleting the words \u201c(i) to (v)\u201d; and\n(c)\nby inserting after subsection (2), the following subsection \u2014\n\u201c(3) The following provisions under this Part do not apply with respect to\nthe employment of non-Caymanian persons as civil servants \u2014\n(a) section 56;\n(b) section 58;\n(c) section 59;\n(d) section 60;\n(e) section 61;\n(f)\nsection 63;\n(g) section 65;\n(h) section 66, except where expressly provided otherwise; and\n(i)\nsection 67.\u201d.\n25.\nAmendment of section 55 - who may be gainfully employed\n25. The principal Act is amended in section 55 as follows \u2014\n(a)\nin subsection (1) as follows \u2014\n(i)\nin paragraph (d), by deleting the word \u201cor\u201d appearing at the end of\nthe paragraph; and\n(ii) by inserting after paragraph (d) the following paragraph \u2014\n\u201c(da) the person is employed as a civil servant; or\u201d; and\n(b) in subsection (2), by inserting after paragraph (e) the following\nparagraph \u2014\n\u201c(ea) the person is employed as a civil servant;\u201d.\n26.\nAmendment of section 58 - consideration of application for work permit by\nBoard etc\n26. The principal Act is amended in section 58 as follows \u2014\n(a)\nin subsection (2), by repealing paragraph (b) and substituting the following\nparagraph \u2014\n\u201c(b) the prospective employer, unless exempted by the Cabinet, the\nBoard or the Director, has \u2014\n(i)\npaid the prescribed non-refundable fee to register the\nvacancy to which the application relates for the vacancy\nto be posted on an electronic portal established and\n\nClause 27\nImmigration (Transition) (Amendment and Validation) Bill, 2025\n\nPage 44\nIntroduced\nc\n\nmanaged by WORC for twenty-one days before the\nsubmission of the application; and\n(ii) advertised the vacancy to which the application relates in\na local newspaper or other prescribed media for twentyone days before the submission of the application,\nin order to ascertain the availability of any one or more of the\nfollowing in the order in which they are listed \u2014\n(A) a Caymanian;\n(B) the holder of a Residency and Employment Rights\nCertificate issued under section 37(5), (16), or (16C)\nor section 38; and\n(C) a person legally and ordinarily resident in the Islands\nwho is qualified and willing to fill the position; and\u201d;\n(b) by repealing subsection (2B); and\n(c)\nin subsection (3), by repealing paragraph (d) and substituting the following\nparagraph \u2014\n\u201c(d) whether the proposed salary or the resources of \u2014\n(i)\nthe worker; and\n(ii) where the worker\u2019s spouse or civil partner is employed\nwithin the Islands, the worker\u2019s spouse or civil partner,\nare able to support the worker and, if applicable, the worker\u2019s\nspouse or civil partner; and where there are dependants,\nwhether the proposed salary or the resources meet the\nprescribed financial standing requirements to be able to support\nthe dependants;\u201d.\n27.\nRepeal and substitution of section 64 - change of employer\n27. The principal Act is amended by repealing section 64 and substituting the following\nsection \u2014\n\u201cRestriction on changing employer\n64. (1) A person who is the holder of a work permit shall not change the\nperson\u2019s employer within the first two years of the grant of the work\npermit.\n(2) Notwithstanding subsection (1), a person who holds a work permit as\na domestic helper may change the person\u2019s employer within the first\ntwo years of the grant of the work permit if the person is seeking to\nbe employed by another employer as a domestic helper.\n(3) Subject to subsections (4), (5) and (6), where a person who is the\nholder of a work permit terminates his or her employment within the\n\nImmigration (Transition) (Amendment and Validation) Bill, 2025\nClause 28\n\nc\nIntroduced\nPage 45\n\nfirst two years of the grant of the work permit and the circumstances\nin subsection (2) do not apply, the person shall leave the Islands for\na period of not less than one year before any other prospective\nemployer is able to apply for a work permit in respect of the person.\n(4) A person who is the holder of a work permit and who terminates his\nor her employment within the first two years of the grant of the work\npermit in circumstances other than those set out in subsection (2) may\napply to the Director of WORC in the prescribed form and manner to\nbe exempted from the requirement to leave the Islands for a period\nof not less than one year before any other prospective employer is\nable to apply for a work permit in respect of the person.\n(5) An application under subsection (4) shall be accompanied by \u2014\n(a)\nproof that during the person\u2019s employment there existed certain\nprescribed circumstances; and\n(b) any other particulars as may be prescribed.\n(6) Where an application is made under subsection (4), the person shall\nbe permitted to reside in the Islands, but not to work, while awaiting\na notification of the determination of that person\u2019s application.\n(7) This section does not apply where the holder of the work permit is an\nemployee of a statutory authority or government company who is\nengaged as a government employee in a specified ministry or\nportfolio by the Head of the Civil Service in accordance with section\n20(1)(c) of the Public Service Management Act (2018 Revision) in\norder to give effect to an administrative re-arrangement of ministry\nor portfolio responsibilities.\u201d.\n28.\nAmendment of section 66 - term limits\n28. The principal Act is amended in section 66 as follows \u2014\n(a)\nby repealing the section heading and substituting the following section\nheading \u2014\n\u201cTerm limits for workers\u201d;\n(b) in subsection (1), as follows \u2014\n(i)\nin paragraph (a), by deleting the word \u201cor\u201d appearing at the end of\nthe paragraph;\n(ii) in paragraph (b), by deleting the comma appearing at the end of the\nparagraph and substituting a semi-colon; and\n(iii) by inserting after paragraph (b) the following paragraphs \u2014\n\u201c(c) the date of commencement of the Public Service Management\n(Amendment) Act, 2025, if the worker was, on the\n\nClause 28\nImmigration (Transition) (Amendment and Validation) Bill, 2025\n\nPage 46\nIntroduced\nc\n\ncommencement of that Act, employed as a civil servant and\nthen became a worker; or\n(d) the date on which the worker first entered the Islands, if the\nworker first entered the Islands after the commencement of the\nPublic Service Management (Amendment) Act, 2025 as a civil\nservant and then became a worker,\u201d;\n(c)\nby repealing subsection (2) and substituting the following subsection \u2014\n\u201c(2) A worker who leaves the Islands before the expiration of the worker\u2019s\nterm limit and who has ceased to hold a work permit for not less than\none year, may \u2014\n(a)\napply for and be granted a new work permit and shall, on the\ngrant of the new work permit, have a new term limit as provided\nfor in subsection (1); or\n(b) apply to be employed as a non-Caymanian civil servant in\nwhich case, section 66B shall apply if the person becomes\nemployed as a non-Caymanian civil servant.\u201d;\n(d) by repealing subsection (9) and substituting the following subsection \u2014\n\u201c(9) A person who, as an approved dependant, accompanies to the\nIslands \u2014\n(a) a person who is a worker; or\n(b) a person employed by the Government of the United Kingdom,\nin the Islands,\nmay become a worker or a civil servant but that person\u2019s term limit\nshall be deemed to have commenced on the date on which that person\nwas first within the Islands as an approved dependant and that person\nshall be thereafter subject to the provisions of this section, as if that\nperson had first entered the Islands as a worker, or section 66B, as if\nthat person had first entered the Islands as a non-Caymanian civil\nservant, as applicable.\u201d;\n(e)\nin subsection (10) as follows \u2014\n(i)\nin paragraph (a), by repealing subparagraphs (i), (ii) and (iv);\n(ii) by repealing paragraphs (b) and (c) and substituting the following\nparagraphs \u2014\n\u201c(b) in respect of whose marriage the Board or the Director of\nWORC is of the opinion that there are no reasonable grounds\nfor suspecting that the marriage is a marriage of convenience;\n(c)\nin respect of whose civil partnership the Board or the Director\nof WORC is of the opinion that there are no reasonable grounds\n\nImmigration (Transition) (Amendment and Validation) Bill, 2025\nClause 29\n\nc\nIntroduced\nPage 47\n\nfor suspecting that the civil partnership is a civil partnership of\nconvenience;\u201d;\n(iii) by deleting the words \u201cduring the currency of the spouse\u2019s or the civil\npartner\u2019s work permit or\u201d and substituting the words \u201cduring the\ncurrency of the spouse\u2019s or the civil partner\u2019s\u201d;\n(iv) by deleting the words \u201cwith the Government of the Islands or\u201d; and\n(v) by repealing subparagraph (i) that appears after the words \u201cand the\nBoard or the Director of WORC may \u2014\u201d;\n(f)\nby inserting after subsection (10) the following subsection \u2014\n\u201c(10A)Where a person who is the holder of a work permit marries or enters\ninto a civil partnership with a person who is also the holder of a work\npermit, the term limit that is applicable to both persons is that of the\nperson in the marriage or civil partnership who has less time\nremaining until the expiration of that person\u2019s term limit.\u201d; and\n(g) in subsection (13), by deleting the words \u201csubsection (10)(d)\u201d and\nsubstituting the words \u201csubsection (10)(e)\u201d.\n29.\nInsertion of sections 66A, 66B and 66C - exemption from term limits under\nsection 66; term limits for non-Caymanian civil servants; exemption from\nterm limits under section 66B\n29. The principal Act is amended by inserting after section 66 the following sections \u2014\n\u201cExemption from term limits under section 66\n66A. (1) The Cabinet may make regulations exempting a class of workers or\na category of a class of workers from the term limit requirement\nunder section 66.\n(2) An exemption referred to in subsection (1) may be unconditional or\nsubject to any conditions or for such purposes as may be prescribed.\nTerm limits for non-Caymanian civil servants\n66B.(1) Subject to subsections (3), (4), (6), (8), (9) and (10), the term limit of\na non-Caymanian civil servant shall be nine years commencing\nwith \u2014\n(a) the date of commencement of the Public Service Management\n(Amendment) Act, 2025, if the non-Caymanian is employed as a\ncivil servant as at the date of commencement of that Act;\n(b) the date on which the non-Caymanian first entered the Islands,\nif the non-Caymanian entered the Islands as a civil servant after\nthe commencement of the Public Service Management\n(Amendment) Act, 2025;\n\nClause 29\nImmigration (Transition) (Amendment and Validation) Bill, 2025\n\nPage 48\nIntroduced\nc\n\n(c)\nsubject to paragraph (a), the date of commencement of the nonCaymanian\u2019s contract of employment as a civil servant, if the\nnon-Caymanian first entered the Islands as a tourist visitor; or\n(d) the date on which the non-Caymanian first entered the Islands,\nif the non-Caymanian first entered the Islands as a worker and\nthen became a civil servant,\nwhether the contracts of employment are granted and held\ncontinuously or not; and on the expiration of the non-Caymanian\u2019s\nterm limit, the non-Caymanian shall leave the Islands and shall not\nbe employed as a civil servant or be granted a work permit by the\nBoard or the Director of WORC until the non-Caymanian has ceased\nto be employed as a civil servant for not less than one year after the\nperson has left the Islands.\n(2) A non-Caymanian civil servant who leaves the Islands before the\nexpiration of the non-Caymanian civil servant\u2019s term limit and who\nhas ceased to be a non-Caymanian civil servant for not less than one\nyear, may \u2014\n(a)\napply for and be granted a work permit and shall, on the grant\nof the work permit, have a new term limit as provided for in\nsection 66(1), and section 66 shall apply in respect of that\nperson; or\n(b) apply to be employed as a non-Caymanian civil servant in\nwhich case, this section shall apply if the person becomes\nemployed as a non-Caymanian civil servant.\n(3) Where a person is eligible to apply and has applied for permission to\nreside permanently in the Islands under section 37 during the\ncurrency of the person\u2019s employment as a non-Caymanian civil\nservant, the person \u2014\n(a)\nshall comply with the relevant requirements under the Public\nService Management Act (2018 Revision); and\n(b) if the person is seeking to become a worker, apply to the\nDirector of WORC for permission \u2014\n(i)\nto continue working on the same terms that applied to that\nperson by operation of law; or\n(ii) to add or delete a dependant,\nand such permission may be granted or renewed by the Director\nof WORC until such time as that person\u2019s application or any\nappeal arising from it is determined.\n(4) A person who intends to work by operation of law shall first submit,\nor cause to be submitted, that person\u2019s passport to WORC and that\n\nImmigration (Transition) (Amendment and Validation) Bill, 2025\nClause 29\n\nc\nIntroduced\nPage 49\n\nperson\u2019s passport shall be endorsed acknowledging that person to be\nworking by operation of law.\n(5) A person who fails to comply with subsection (4) commits an\noffence.\n(6) Where a person is working under permission granted under\nsubsection (3) and \u2014\n(a)\nthe person\u2019s application for permission to reside permanently in\nthe Islands has been unsuccessful and an appeal has not been\nfiled within the time allowed for doing so; or\n(b) having filed for permission to reside permanently in the Islands\nthe person has been unsuccessful and all further appeals have\nbeen exhausted,\nand in either event that person\u2019s term limit has expired, the person is\nentitled to continue receiving permission under subsection (3) for a\nperiod not exceeding ninety days from the date of the communication\nto that person of such refusal or the determination of any appeal or\nproceedings arising from the appeal, whichever shall be the later, and\nafter such period expires that person shall leave the Islands; and\nneither the Board nor the Director of WORC shall issue or renew a\nwork permit for the person until the person has ceased to hold a work\npermit for not less than one year thereafter nor shall the person be\nemployed as a non-Caymanian civil servant until the person has\nceased to be so employed for not less than one year thereafter.\n(7) A person who, as an approved dependant, accompanies to the Islands\na person who is a non-Caymanian civil servant may become a worker\nor a civil servant but that person\u2019s term limit shall be deemed to have\ncommenced \u2014\n(a)\nin the case of an approved dependant who becomes a worker,\non the date on which that person was first within the Islands as\nan approved dependant and that person shall be thereafter\nsubject to the provisions of section 66 as if that person had first\nentered the Islands as a worker; or\n(b) in the case of an approved dependant who becomes a civil\nservant, on the date of commencement of the term limit of the\nnon-Caymanian civil servant in respect of whom the person is\nan approved dependant, and that person shall be thereafter\nsubject to the provisions of this section as if that person had first\nentered the Islands as a civil servant.\n(8) A person \u2014\n(a)\nwho is married to, or in a civil partnership with \u2014\n\nClause 29\nImmigration (Transition) (Amendment and Validation) Bill, 2025\n\nPage 50\nIntroduced\nc\n\n(i)\na non-Caymanian civil servant; or\n(ii) a person who is working by operation of law with the\npermission granted under subsection (3) or (6),\nand whose right to work in the Islands will expire before that of\nthat person\u2019s spouse or civil partner;\n(b) in respect of whose marriage the Board or the Director of\nWORC is of the opinion that there are no reasonable grounds\nfor suspecting that the marriage is a marriage of convenience;\n(c)\nin respect of whose civil partnership the Board or the Director\nof WORC is of the opinion that there are no reasonable grounds\nfor suspecting that the civil partnership is 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; 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 that, 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,\nduring the currency of the spouse\u2019s or the civil partner\u2019s contract of\nemployment as a non-Caymanian civil servant or in the period during\nwhich his or her spouse or civil partner is working by operation of\nlaw with permission granted under subsection (3) or (6), may apply\nfor the grant of a work permit or the renewal of an existing work\npermit.\n(9) Where an application is made under subsection (8), the Board or the\nDirector of WORC may \u2014\n(a)\ngrant the application subject to the limitations on employment\nof non-Caymanian civil servants under the Public Service\nManagement Act (2018 Revision); or\n(ii) 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(3) or (6).\n(10) A person working under subsection (8) whose spouse or civil partner\nis granted permanent residence under section 37 and who has applied\nfor a Residency and Employment Rights Certificate as the spouse or\ncivil partner of a permanent resident under section 37(16) will not\n\nImmigration (Transition) (Amendment and Validation) Bill, 2025\nClause 29\n\nc\nIntroduced\nPage 51\n\nlose his or her right to work and may continue to be granted work\npermits until the final determination of his or her application where\nthat application was submitted within ninety days of the grant of his\nor her spouse\u2019s or civil partner\u2019s permanent residence.\n(11) Where a work permit has been granted to a worker under subsection\n(9) and the worker\u2019s spouse or civil partner ceases to have the right\nto work and is required to leave the Islands, the work permit granted\nshall automatically terminate on the date on which the worker\u2019s\nspouse or civil partner ceases to have the right to work and the worker\nshall leave the Islands and not be entitled to the grant or renewal of\nany further work permits until the worker has ceased to hold a work\npermit for not less than one year after the worker has left the Islands.\n(12) The Board or the Director of WORC, in calculating under subsection\n(8)(e), the period of time that an applicant has spent apart from his or\nher spouse or civil partner, shall not take into account those occasions\nwhen either spouse\u2019s or civil partner\u2019s absences were because of\nmedical, educational, business, vacation or other analogous\ncircumstances.\n(13) On the grant or renewal of a contract of employment as a nonCaymanian civil servant, the non-Caymanian civil servant shall be\nnotified by the Board or the Director of WORC of the person\u2019s term\nlimit and its expiration date for the purposes of this Act.\n(14) Where a non-Caymanian civil servant is granted a temporary\nexemption under the Public Service Management Act (2018\nRevision) \u2014\n(a)\nthe non-Caymanian civil servant \u2014\n(i)\nshall not be considered to be in the Islands unlawfully for\nthe duration of the temporary exemption;\n(ii) shall not seek to be employed as a worker for the duration\nof the temporary exemption or to otherwise operate in a\nmanner that would contravene the provisions of this Act\nas it relates to term limits; and\n(iii) may, during the period of the temporary exemption, apply\nfor permanent residence under section 37; and\n(b) unless the non-Caymanian civil servant is granted permanent\nresidence under section 37, after the period of the temporary\nexemption expires the non-Caymanian civil servant shall leave\nthe Islands and shall not be issued a work permit or employed\nas a non-Caymanian civil servant for a period of not less than\none year.\n\nClause 30\nImmigration (Transition) (Amendment and Validation) Bill, 2025\n\nPage 52\nIntroduced\nc\n\nExemption from term limits under section 66B\n66C. (1) Where an exemption relating to the appointment or reappointment of\na non-Caymanian as a civil servant is granted under the Public\nService Management Act (2018 Revision), that exemption shall be\ntreated as an exemption from the term limit requirement under\nsection 66B for the period of the exemption granted under the Public\nService Management Act (2018 Revision).\n(2) Where an exemption referred to under subsection (1) is granted, the\nappointing officer in respect of the relevant non-Caymanian civil\nservant shall notify the Cabinet in writing of the exemption within\nthirty working days after the decision to grant the exemption is made.\n(3) For the purposes of this section, \u201cappointing officer\u201d means, in\nrelation to the non-Caymanian civil servant who has been granted the\nexemption, the person with responsibility for the appointment or\nreappointment of that non-Caymanian civil servant, being \u2014\n(a)\nthe Governor;\n(b) the Head of the Civil Service; or\n(c)\nthe relevant chief officer, or the relevant head of department or\nother manager in the relevant civil service entity with delegated\nauthority from the chief officer to make personnel decisions.\u201d.\n30.\nAmendment of section 67 - work permit fees\n30. The principal Act is amended in section 67 by inserting after subsection (2) the\nfollowing subsections \u2014\n\u201c(2A)Notwithstanding section 72(2)(f), the Director, after consultation\nwith the Minister, may prescribe by notice the fee for a work permit\nor temporary work permit in a case where an occupation for which a\nwork permit or temporary work permit is being sought is not\nprescribed.\n(2B) A fee prescribed under subsection (2A) shall not exceed the highest\nannual work permit fee prescribed under section 72(2)(f).\n(2C) The Director shall cause a notice specified under subsection (2A) to\nbe published in the Gazette.\u201d.\n31.\nAmendment of section 70 - marriages and civil partnerships of convenience\n31. The principal Act is amended in section 70 by inserting after subsection (3) the\nfollowing subsections \u2014\n\u201c(4) For the purposes of determining whether there are reasonable\ngrounds for suspicion under subsection (2) or (3), the marriage\nofficer, Registrar, Civil Registrar or civil partnership officer \u2014\n\nImmigration (Transition) (Amendment and Validation) Bill, 2025\nClause 32\n\nc\nIntroduced\nPage 53\n\n(a) shall request the prescribed information from the parties to the\nintended marriage or the marriage, or the intended civil\npartnership or the civil partnership; and\n(b) for the purposes of confirming the information provided by the\nparties, may request relevant documentary evidence,\nand the failure to comply with any such request shall be taken into\naccount by the marriage officer, Registrar, Civil Registrar or civil\npartnership officer, unless there are exceptional circumstances that\nhave caused the non-compliance.\n(5) The power to require the production of a document under subsection\n(4)(b) shall be construed as including a power to take copies of the\ndocument and to retain the document for a reasonable time for the\npurpose for which it was requested.\u201d.\n32.\nInsertion of section 71A - reissue of documents and provision of duplicates\n32. The principal Act is amended by inserting after section 71 the following section \u2014\n\u201cReissue of documents and provision of duplicates\n71A. The Director of WORC may re-issue any certificate or document and\nprovide a duplicate of any licence or permit granted under this Act \u2014\n(a) on the application, in such form and manner as may be\nprescribed, by the person to whom the original was issued or\ngranted; and\n(b) on the payment of any fees as may be prescribed.\u201d.\n33.\nAmendment of section 72 - regulations\n33. The principal Act is amended in section 72 as follows \u2014\n(a)\nin subsection (2) as follows \u2014\n(i)\nby inserting after paragraph (e) the following paragraph \u2014\n\u201c(ea) prescribe the information to be requested under section 70(4);\u201d;\nand\n(ii) by repealing paragraph (f) and substituting the following\nparagraphs \u2014\n\u201c(f) prescribe the fees payable under this Act by a person or\ncategory of persons in respect of \u2014\n(i)\nan application, licence or permit granted;\n(ii) a certificate or other document issued;\n\nClause 34\nImmigration (Transition) (Amendment and Validation) Bill, 2025\n\nPage 54\nIntroduced\nc\n\n(iii) a reissue of any certificate or document or any duplicate\nof any licence or permit referred to under subparagraphs\n(i) and (ii); and\n(iv) the registration of a vacancy for it to be posted on the\nelectronic portal established and managed by WORC,\npursuant to section 58;\n(fa) prescribe the time or the intervals at which the fees under\nparagraph (f) are payable;\n(fb) provide for the refund, waiver or reduction of the fees under\nparagraph (f), which may include the circumstances under\nwhich the fees may be refunded, waived or reduced;\u201d; and\n(b) by inserting after subsection (2) the following subsections \u2014\n\u201c(3) Regulations made under this Act may prescribe that the\ncontravention of the regulations constitutes an offence for which the\nperson is liable on summary conviction to a fine of twenty thousand\ndollars or to imprisonment for a term of two years, or to both.\n(4) The power of the Cabinet to make regulations under this Act includes\nthe power to \u2014\n(a) make different provision in relation to different categories of\npersons or in relation to different cases or circumstances; and\n(b) provide for such exceptions, limitations or conditions and make\nsuch consequential or transitional provisions as the Cabinet\nconsiders necessary or expedient.\u201d.\n34.\nInsertion of section 75A - offence to submit false information concerning\nfinancial standing\n34. The principal Act is amended by inserting after section 75 the following section \u2014\n\u201cOffence to submit false information concerning financial standing\n75A.Where a person is required under this Act to satisfy certain financial\nstanding requirements and the person provides false information in relation\nto the person\u2019s financial standing \u2014\n(a)\nthe person commits an offence and is liable on summary\nconviction to a fine of ten thousand dollars or to imprisonment\nfor a term of one year, or to both; and\n(b) the provision of that false information by the person is a ground\nfor revocation of the relevant Certificate or work permit.\u201d.\n35.\nInsertion of section 83A - further transitional matters\n35. The principal Act is amended by inserting after section 83 the following section \u2014\n\nImmigration (Transition) (Amendment and Validation) Bill, 2025\nClause 35\n\nc\nIntroduced\nPage 55\n\n\u201cFurther transitional matters\n83A.(1) Where, prior to the commencement of the relevant amending section\nof the Immigration (Transition) (Amendment and Validation) Act,\n2025 \u2014\n(a) an application was made under the principal Act and the\napplication has not been determined on the date of\ncommencement of the applicable amending section of the\nImmigration (Transition) (Amendment and Validation) Act,\n2025; or\n(b) an appeal or an application for judicial review was made against\na decision in respect of an application made under the principal\nAct and the appeal or the application for judicial review has not\nbeen determined on the date of commencement of the\napplicable amending section of the Immigration (Transition)\n(Amendment and Validation) Act, 2025,\nthe application, the appeal or the application for judicial review, as\napplicable, shall be determined as if the applicable amending section\nof the Immigration (Transition) (Amendment and Validation) Act,\n2025 had not come into force.\n(2) Subject to subsection (3), where any permit, certificate, visa,\npermission or exemption issued under the principal Act, the repealed\nImmigration Act (2015 Revision) or under any prior immigration law\nsaved by the repealed Immigration Act (2015 Revision) is in force at\nthe date of the commencement of the Immigration (Transition)\n(Amendment and Validation) Act, 2025, that permit, certificate, visa,\npermission or exemption shall continue in force until its expiration,\nloss or cancellation in accordance with the relevant Act.\n(3) Where, in relation to a person employed by the Health Services\nAuthority or the University College of the Cayman Islands, there is\nin force at the date of the commencement of section 3(b)(iv) of the\nImmigration (Transition) (Amendment and Validation) Act, 2025 any\npermission or exemption issued under the principal Act, the repealed\nImmigration Act (2015 Revision) or any prior immigration law saved\nby the repealed Immigration Act (2015 Revision), that permission or\nexemption shall continue in force until \u2014\n(a)\nthe expiration of the worker\u2019s contract of employment; or\n(b) the expiration of the period of one year after the date of\ncommencement of the Immigration (Transition) (Amendment\nand Validation) Act, 2025,\nwhichever is greater.\n\nClause 35\nImmigration (Transition) (Amendment and Validation) Bill, 2025\n\nPage 56\nIntroduced\nc\n\n(4) Section 10(a) and (b) of the principal Act as amended by the\nImmigration (Transition) (Amendment and Validation) Act, 2025\nshall not apply to a person in respect of whom a certificate,\npermission or exemption \u2014\n(a)\nis issued under \u2014\n(i)\nthe principal Act;\n(ii) the repealed Immigration Act (2015 Revision); or\n(iii) any prior immigration law saved by the repealed\nImmigration Act (2015 Revision); and\n(b) is in force at the date of the commencement of the Immigration\n(Transition) (Amendment and Validation) Act, 2025,\nand such a person may apply in accordance with the relevant Act\nunder which the person\u2019s certificate, permission or exemption is\nissued for the grant of the right to be Caymanian under section 28(3)\nor (4) of the principal Act or under any other earlier analogous\nprovision.\n(5) Where, on the date of commencement of section 18 of the\nImmigration (Transition) (Amendment and Validation) Act, 2025, a\nperson holds a Certificate for Specialist Caregivers, the Certificate\nshall be renewable for one further period of five years as if that\nsection of the Immigration (Transition) (Amendment and Validation)\nAct, 2025 had not come into force.\n(6) Where, on the date of commencement of section 10(d), 14(h), 15(a),\n17 or 20 of the Immigration (Transition) (Amendment and\nValidation) Act, 2025, a person holds a certificate referred to in the\nrelevant provision, that person is required to comply with the\nrequirement to file an annual declaration as set out in that provision.\n(7) Notwithstanding anything under the Immigration (Transition)\n(Amendment and Validation) Act, 2025, the term limit of a person\nwho \u2014\n(a)\nwas a worker under the principal Act; and\n(b) on or after the commencement of the provisions referred to in\nsection 1(3) of the Immigration (Transition) (Amendment and\nValidation) Act, 2025 becomes a civil servant,\nshall continue to run from the date on which the person became a\nworker and the end of that person\u2019s term limit shall be calculated\nbased on that date and in accordance with the principal Act.\n\nImmigration (Transition) (Amendment and Validation) Bill, 2025\nClause 36\n\nc\nIntroduced\nPage 57\n\n(8) Section 58(2) of the principal Act as amended by the Immigration\n(Transition) (Amendment and Validation) Act, 2025 shall not apply\nto an application under section 56 by a prospective employer where\nthe application is made prior to the date of commencement of section\n26(a) of the Immigration (Transition) (Amendment and Validation)\nAct, 2025; and the application shall be determined as if that provision\nof the Immigration (Transition) (Amendment and Validation) Act,\n2025 had not come into force.\n(9) For the purposes of this section \u2014\n\u201cthe principal Act\u201d means the Immigration (Transition) Act (2022\nRevision) prior to being amended by the Immigration (Transition)\n(Amendment and Validation) Act, 2025; and\n\u201cUniversity College of the Cayman Islands\u201d means the University\nCollege of the Cayman Islands established by section 3(1) of the\nUniversity College Act (2012 Revision).\u201d.\n36.\nValidation\n36. (1) The payment of fees to, and the charging and collection of fees by, the Director\nof WORC, without statutory authority, for the re-issuing of any certificate or\ndocument or the provision of a duplicate of any licence or permit under the\nprincipal Act prior to the commencement of section 32 of this amending and\nvalidating Act are validated and considered as lawfully charged by, paid to and\ncollected by the Director of WORC as if the Director of WORC was empowered\nunder the principal Act as amended by this amending and validating Act to\ncharge and collect those fees.\n(2) The fines determined by the court in respect of persons convicted for offences\nunder regulations made under the principal Act and which were imposed \u2014\n(a)\nwithout statutory authority; and\n(b) prior to the commencement of section 33(b) of this amending and\nvalidating Act,\nare validated and considered as lawfully imposed as if the court was empowered\nunder the principal Act as amended by this amending and validating Act to\nimpose those fines.\n37.\nOrders or determinations by court not affected\n37. Section 36 does not affect any order or determination made by a court with respect\nto \u2014\n(a)\nfees charged by, paid to or collected by the Director of WORC for the reissuing of any certificate or document or the provision of a duplicate of\nany licence or permit prior to the commencement of section 32 of this\namending and validating Act; or\n\nClause 37\nImmigration (Transition) (Amendment and Validation) Bill, 2025\n\nPage 58\nIntroduced\nc\n\n(b) fines imposed by the court on persons convicted of offences under\nregulations made under the principal Act prior to the commencement of\nsection 33(b) of this amending and validating Act.\nPassed by the Parliament the        day of                              , 2025.\n\nSpeaker\n\nClerk of the Parliament","akn_extracted_at":"2026-06-22 15:41:38.031963+00","cms_id":"2025-0011","law_type":"bill","year":"2025","number":"11","title":"Identification Register Regulations, 2025","status":"bill"},"provenance":{"files":[{"file_id":"7158","expr_id":"2359","kind":"akn_xml","filename":"2025-0011.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/BILLS\/2025\/2025-0011\/2025-0011.akn.xml","content_md5":"91013621ddb9a88275fd024edb68369d","byte_size":"131585","http_last_modified":null,"fetched_at":"2026-06-22 15:41:38.638483+00"},{"file_id":"4717","expr_id":"2359","kind":"pristine_pdf","filename":"2025-0011.pdf","source_url":"\/cms\/images\/LEGISLATION\/BILLS\/2025\/2025-0011\/2025-0011.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/BILLS\/2025\/2025-0011\/2025-0011.pdf","content_md5":"ff053a411e57fa205b08a53e4ec4ddb1","byte_size":"603453","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.386485+00"},{"file_id":"4718","expr_id":"2359","kind":"working_pdf","filename":"2025-0011.pdf","source_url":"\/cms\/images\/LEGISLATION\/BILLS\/2025\/2025-0011\/2025-0011.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/BILLS\/2025\/2025-0011\/2025-0011.pdf","content_md5":"ff053a411e57fa205b08a53e4ec4ddb1","byte_size":"603453","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.386485+00"}],"paragraph_count":29,"latest_history":null},"quality":{"expr_id":"2359","doc_id":"2359","quality_state":"known_issue","quality_score":"55","needs_human_review":"t","deterministic_categories":"{commencement_metadata_problem,duplicate_text,page_header_footer_noise,title_mismatch}","llm_categories":"{}","repair_actions":"{collapse_duplicate_text,strip_page_furniture,verify_commencement_metadata,verify_title_metadata}","finding_severity_counts":"{\"low\": 2, \"high\": 1, \"medium\": 1}","finding_summary":"stored title is not visible in the opening extracted text; repeated line furniture detected: cayman islands x3; introduced x56; immigration transition amendment and validation bi x55","assessed_at":"2026-06-22 15:29:46.420863+00","updated_at":"2026-06-22 15:29:46.420863+00"}}