Concerns have emerged about drafting ambiguities in the proposed Immigration (Transition) (Amendment and Validation) Bill, 2025.
A legal expert has warned that unclear language could affect thousands of work permit holders’ paths to Caymanian status.
Nicolas Joseph, founder of Reside Cayman, has identified what he describes as significant drafting issues in the bill’s grandfathering provisions.
He points to section 86A(4), which attempts to protect existing residents’ rights to apply for Caymanian status.
The provision appears to preserve rights for those holding “a certificate, permission or exemption” under the current system.
But Joseph notes the language is so broad it could inadvertently include everyone on a temporary work permit, including those arriving as late as December.
“A contention that every person here on a TWP and their dependents – including those who may not even be coming here for the first time before January 2026 – has a ‘legitimate expectation’ that they be able to apply to become Caymanian 15 years from their arrival, is kinder than many expected,” Joseph said.
The bill proposes extending the timeline for British overseas territories citizens to apply for Caymanian status from 15 to 20 years, though existing permanent residents would be protected under grandfathering provisions.
Joseph identified multiple apparent typographical errors and inconsistencies in clause 35(4), including references that appear to confuse permanent residence certificates with naturalisation certificates issued under British nationality law rather than Cayman immigration legislation.
The drafting issues create uncertainty about which categories of residents would benefit from grandfathering protections.
As written, the provision could apply to anyone holding any immigration permission when the law takes effect, rather than limiting protections to permanent residents as seemingly intended.
“If the reference is intended to be only to Certificates of Permanent Residence, then it should say so,” Joseph noted, warning that the current wording could have unintended consequences.
He also highlighted potential problems for British overseas territories citizens born with that status who never receive naturalisation certificates, suggesting the law needs explicit provisions for such cases.
The immigration and employment specialist recommended that authorities consider grandfathering anyone who has submitted applications for relevant certificates before 1 January, rather than requiring actual certificates in hand, to account for processing delays.
Joseph emphasised that while the new points-based permanent residence system would be more selective, authorities should generally not grant permanent residence to people they do not expect to succeed in future Caymanian status applications.
The Ministry of Caymanian Employment and Immigration is accepting public feedback on the draft bill until 14 November, with responses to be submitted to ImmigrationConsultation@gov.ky
The proposed amendments aim to update the existing immigration framework but do not address permanent residency changes, which officials say will be tackled in future legislative amendments.
