Knowledge

These requirements often cause confusion for our clients and their dependants. This briefing provides clarification as to the specific conditions applicable to each of their individual circumstances and provides details in respect of:

• the minimum calendar year requirements;
• the specific sections of the Immigration (Transition) Act (2022 Revision) (the "Act") that stipulate those minimums; and
• the annual declarations which must be signed, sworn, and filed by the holder each year and which reiterate those minimums.

Certificate of Permanent Residence (CI$2m+ real estate investment)

• One day – This is the specified minimum but, should the holder wish to progress to citizenship, additional stipulations would apply in respect of eventual applications for naturalisation as a British Overseas Territories Citizen and the Right to be Caymanian.
• "The Board or the Director of WORC may, in respect of any person who has been granted permission to reside permanently in the Islands, revoke such permission where … the person has been ordinarily resident outside the Islands continuously for a period of one year or more." [Section 51(1)(o) of the Act]
• The annual declaration can be found here.

25-Year Residency Certificate (CI$1m+ real estate investment)

• 30 days.
• "The holder of a Residency Certificate for Persons of Independent Means … may, at the discretion of the Director of WORC, have the right to reside in the Islands revoked if … the holder was not physically present in the Islands for a minimum of thirty days in aggregate in any calendar year." [Section 46(b) of the Act]
• The annual declaration can be found here.

25-Year Residency Certificate (Substantial Business Presence)

• 90 days – This is the specified minimum but, should the holder wish to apply for permanent residence under the points system after eight years, additional legal and ordinary residence requirements would apply.
• "The holder of a Certificate issued under this section may at the discretion of the Director of WORC have that person's right to reside in the Islands revoked if … the holder was not physically resident in the Islands for a minimum of ninety days in aggregate in any calendar year." [Section 50(11)(b) of the Act].
• The annual declaration can be found here.

25-Year Certificate of Direct Investment

• 90 days.
• "The holder of a Certificate of Direct Investment may, at the discretion of the Director of WORC, have that person's right to reside in the Islands revoked if … the holder was not physically present in the Islands for a minimum of ninety days in aggregate in any calendar year." [Section 48(d) of the Act]
• The annual declaration can be found here.