Knowledge

Judging by the number of emails and messages I have received over the weekend, the proposed amendments to the Cayman Islands ("Cayman") Immigration (Transition) Act (2022 Revision) contained in the Immigration (Transition) (Amendment and Validation) Bill, 2025 that was gazetted on Friday (the "Bill") have prompted understandable concern amongst the core elements of our client base, namely those who hold or have applied for Permanent Residence under the points system ("PRPS") or Certificates of Permanent Residence for Persons of Independent Means ("PIMS").

The central reassurance is unequivocal: the proposed amendments are structured to provide future clarity without retroactively prejudicing established expectations. The Bill's explicit transitional provisions preserve existing rights, timelines and expectations such that the ultimate pathways to the "Right to be Caymanian" on the grounds of naturalisation remain unaffected for PRPS and PIMS holders, along with their spouses/civil partners and dependants.

One of the most discussed potential changes in recent months has been the proposal to lengthen the legal and ordinary residence periods that applicants must satisfy in order to apply for the "Right to be Caymanian". Without the proposed clear transitional framework, there could have been understandable anxiety that lengthened periods would "reset the clock" for those already well along in their Cayman immigration journeys. Thankfully, the Bill decisively avoids that outcome and proposes to preserve the position of existing permanent residents so that their route to Caymanian status, provided they have naturalised as British Overseas Territories Citizens upon satisfying the residence and good character requirements prescribed by the British Nationality Act 1981, remains governed by the rules in force when they embarked on that pathway.

For PRPS, such applications are typically submitted after at least 15 years' legal and ordinary residence in Cayman whereas PIMS ordinarily submit after at least five years' legal and ordinary residence following receipt of their Certificate of Naturalisation or Registration (for children).

Policy-wise, the proposed amendments balance system calibration with legal certainty by aligning processes, enhancing integrity, and clarifying timelines for new entrants. But at every turn, the Bill distinguishes between new applications that should be subject to the updated standards and existing rights that must be respected. That is precisely what a sound transitional regime is designed to achieve: prospectively calibrate the system while insulating those who have built their lives in Cayman under current rules. For permanent residents who have invested deeply in Cayman life through careers, community engagement, investment and family ties, the reassurance is not only legal but principled. The Bill continues to recognise the value that long-standing residents bring and upholds the predictability and fairness essential to a credible immigration system.

The overarching message is consistent and clear: transitional provisions have been deliberately crafted to preserve established positions, ensuring reform and reassurance move in tandem for the continued growth and prosperity of our beautiful Islands. The bottom line is simple. For PRPS, PIMS and their dependants, the ultimate pathway to the "Right to be Caymanian" on grounds of naturalisation remains unaffected. The transitional provisions have been drafted to keep faith with established positions, ensure certificates remain valid as granted, and preserve timelines and criteria that applied at the beginning of Cayman immigration journeys.

Please note that these views are expressed with reference to a selection of provisions contained within the gazetted Bill, which is currently with the public for consultation until 14 November 2025. The Minister of Caymanian Employment & Immigration, Hon. Mr. Michael Myles, MP stated:

"Public consultation of a bill is a cornerstone of good governance. This process ensures that every voice is heard and that the Immigration Bill reflects the realities, needs, and aspirations of the people it will serve. By engaging with the public, we can craft a fair, transparent, and effective immigration system that upholds our national values and supports both our citizens and those who wish to contribute to our society."

Some of the proposed amendments may not come into force or may be enacted in a different form and so this briefing is accurate only at its time of writing. Bedell Cristin is actively monitoring the situation and is on hand to advise about individual circumstances related to this briefing or any other proposed amendments both in advance of and following enacted changes to our immigration legislation.

For further information, or to discuss your personal circumstances, please contact Daniel Altneu by email at daniel.altneu@bedellcristin.com or by telephone on +1 345 949 0488.