{"kind":"expression","expression":{"expr_id":"2237","doc_id":"2237","label":"Immigration (Transition) (Amendment) (No.2) Bill, 2020","is_as_enacted":"f","commenced_on":null,"superseded_on":null,"valid_from":null,"valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/bill\/2020\/37\/eng@2020-01-01","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/bill\/2020\/37\", \"expression\": \"\/akn\/ky\/bill\/2020\/37\/eng@2020-01-01\", \"manifestation\": \"\/akn\/ky\/bill\/2020\/37\/eng@2020-01-01.pdf\"}, \"pdf\": {\"md5\": \"fdadc19e96d2c1c914d0cbdc1e0f82d0\", \"path\": \"\/Users\/q\/kyleg-data\/working\/BILLS\/2020\/2020-0037\/2020-0037.pdf\", \"pages\": 20, \"filename\": \"2020-0037.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 5201, \"paragraph_count\": 22, \"text_char_count\": 32830}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-07-18\"}, \"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) (NO.2) BILL, 2020 A BILL FOR A LAW TO AMEND THE IMMIGRATION (TRANSITION) LAW, 2018 AS A CONSEQUENCE OF THE ENACTMENT OF THE DOMESTIC PARTNERSHIP LAW, 2020; AND FOR INCIDENTAL AND CONNECTED PURPOSES Introduced PUBLISHING DETAILS Sponsoring Ministry\/Portfolio: Governor's Office Objects and Reasons Introduced Memorandum of OBJECTS AND REASONS This Bill amends the Immigration (Transition) Law, 2018 (\u201cthe principal Law\u201d) as a consequence of the enactment of the Domestic Partnership Law, 2020. This legislation will ensure that immigration rights will be extended to persons in domestic partnerships and to the children and other dependants of domestic partners. The Bill, in order to effect such changes, primarily adds throughout the words \u201cdomestic partner\u201d and \u201cdomestic partnership\u201d. By virtue of this legislation, domestic partners will be able, among other things, to obtain through their domestic partners, Caymanian status, permanent residence and Residency and Employment Rights Certificates. Any right which is given under the principal Law to a spouse will be extended to a domestic partner. The provisions relating to loss of rights will also apply. The sections of the principal Law which are amended and which will be extended to domestic partners and domestic partnerships are as follows \u2014 (a) section 13 - functions of Boards; Head of Work Permits, Cayman Status and Permanent Residence; (b) section 28 - acquisition of the right to be Caymanian by grant of the Board; (c) section 33 - revocation of right to be Caymanian; (d) section 36 - categories of permanent residence; (e) section 37 - persons legally and ordinarily resident in the Islands for at least eight years; (f) section 38 - Residency and Employment Rights Certificate for spouse of a Caymanian; (g) section 40 - loss of Residency and Employment Rights Certificate; (h) section 42 - Certificate of Permanent Residence for Persons of Independent Means; (i) section 43 - spouse and dependants of the holder of a Residency Certificate for Persons of Intendent Means or a Certificate of Permanent Residence for Persons of Independent Means (j) section 47 - Certificate of Direct Investment; (k) section 48 - revocation of Certificate of Direct Investment; (l) section 50 - Residency Certificate (Substantial Business Presence); (m) section 53 - persons exempted; (n) section 58 - consideration of application for work permit by Board, etc.; Objects and Reasons Introduced (o) section 63 - grant or refusal of work permit; (p) section 66 - term limits; and (q) section 70 - marriages of convenience. Of particular note, the Bill repeals and replaces section 70 to make it clear that domestic partnerships of convenience, like marriages of convenience, will not permitted. Arrangement of Clauses Introduced IMMIGRATION (TRANSITION) (AMENDMENT) (NO.2) BILL, 2020 Arrangement of Clauses Clause 1. 2.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Amendment of section 13 - functions of Boards; Head of Work Permits, Cayman Status 4. 5. 6.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Amendment of section 37 - persons legally and ordinarily resident in the Islands for at\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Amendment of section 38 - Residency and Employment Rights Certificate for spouse of a 9.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Amendment of section 42 - Certificateof Permanent Residence for persons of\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Amendment of section 43 - spouse and dependants of the holder of a Residency Certificate for Persons of Independent Means or a Certificate of Permanent Residence 12. 13. 14. 15. 16. 17.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Arrangement of Clauses Introduced 19.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"Clause 1 Introduced IMMIGRATION (TRANSITION) (AMENDMENT) (NO.2) BILL, 2020 A BILL FOR A LAW TO AMEND THE IMMIGRATION (TRANSITION) LAW, 2018 AS A CONSEQUENCE OF THE ENACTMENT OF THE DOMESTIC PARTNERSHIP LAW, 2020; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Governor in accordance with section 81 of the Constitution, after consultation with the Premier and with the prior approval of a Secretary of State.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title and commencement 1. (1) This Law may be cited as the Immigration (Transition) (Amendment) (No.2) Law, 2020. (2) This Law comes into force immediately after the commencement of the Domestic Partnership Law, 2020.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Amendment of section 2 of the Immigration Law (2020 Revision) \u2013 interpretation 2. The Immigration (Transition) Law, 2018, in this Law referred to as the \u201cprincipal Law\u201d, is amended in section 2 as follows \u2014 (a) in the definition of the word \u201cdependant\u201d by inserting after the word \u201cspouse\u201d the words \u201cor domestic partner\u201d; Clause 3 Introduced (b) in the definition of the word \u201cstep-child\u201d by inserting after the word \u201cmarriage\u201d the words \u201cor a domestic partnership\u201d; (c) in the definition of the word \u201cstudent\u201d by inserting after the word \u201cspouse\u201d the words \u201cor domestic partner\u201d; and (d) by inserting, in the appropriate alphabetical sequence, the following definitions \u2014 \u201cDeputy Registrar\u201d means a person appointed under section 28 of the Domestic Partnership Law, 2020; \u201cdomestic partner\u201d has the meaning assigned by section 2 of the Domestic Partnership Law, 2020; \u201cdomestic partnership\u201d has the meaning assigned by section 2 of the Domestic Partnership Law, 2020; \u201cdomestic partnership of convenience\u201d means a domestic partnership entered into with the primary intention of avoiding, or benefiting from, any of the provisions of this Law; \u201cdomestic partnership officer\u201d means a person appointed under section 25 of the Domestic Partnership Law, 2020 or licensed under section 31 or 32 of that Law; and \u201cRegistrar\u201d means the Registrar of Domestic Partnerships who shall be \u2014 (a) the Registrar-General; or (b) such other public officer as may be appointed by the Deputy Governor to carry out the functions of the Registrar in relation to this Law.;. 3. Amendment of section 13 - functions of Boards; Head of Work Permits, Cayman Status and Permanent Residence 3. The principal Law is amended in section 13(3)(b)(iii) by inserting after the word \u201cspouse\u201d the words \u201cor domestic partner\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Amendment of section 28 - acquisition of the right to be Caymanian by grant of the Board 4. The principal Law is amended in section 28 as follows \u2014 (a) by repealing subsection (5) and substituting the following subsection \u2014 \u201c(5) A person \u2014 (a) who has been married to, or been in a domestic partnership with, a Caymanian \u2014 Clause 4 Introduced (i) for at least five years immediately preceding the application, where the marriage took place prior to the 1st January, 2004; (ii) for at least seven years immediately preceding the application, where the marriage took place on or after the 1st January, 2004; or (iii) in the case of a domestic partnership, for at least seven years immediately preceding the application; (b) whose marriage is not a marriage of convenience; (c) whose domestic partnership is not a domestic partnership of convenience; (d) who is not living apart from his or her spouse or domestic partner under a decree of a competent court or under a deed of separation; (e) who has not lived apart from his or her spouse or domestic partner for an aggregate period of three months \u2014 (i) out of the five years immediately preceding the application where the marriage took place prior to the 1st January, 2004; (ii) out of the seven years immediately preceding the application where the marriage took place on or after the 1st January, 2004; or (iii) in the case of a domestic partnership, out of the seven years immediately preceding the application; (f) who is legally and ordinarily resident in the Islands immediately preceding his or her application; and (g) who has not in any country been convicted of an offence for which a sentence of imprisonment not exceeding twelve months has been passed other than for non-payment of a fine unless \u2014 (i) the conviction has been quashed on appeal or has been the subject of a free pardon; (ii) the act or omission giving rise to such conviction would not be an offence if done or omitted in the Islands in similar circumstances; or (iii) the conviction is one which, in the interest of justice, the Board directs to be ignored for the purposes of this section, may apply to the Board for the grant of the right to be Caymanian.\u201d; (b) in subsection (6) as follows \u2014 Clause 5 Introduced (i) by inserting after the word \u201cspouse\u201d the words \u201cor domestic partner\u201d; and (ii) by inserting after the word \u201cspouses\u201d the words \u201cor domestic partners\u201d; (c) in subsection (7) \u2014 (i) by repealing the following \u2014 \u201c(7) The surviving spouse of a Caymanian who \u2014 (a) was married to the deceased for at least seven years;\u201d; and (ii) by substituting therefor the following \u2014 \u201c(7) The surviving spouse or domestic partner of a Caymanian who \u2014 (a) was married to, or in a domestic partnership with, the deceased for at least seven years;\u201d; and (d) by repealing subsection (8) and substituting the following subsection \u2014 \u201c(8) Where the marriage or domestic partnership referred to in subsection (7)(a) has not subsisted for a period of seven years or the grant of the right to be Caymanian has been refused by the Board, the surviving spouse or domestic partner may apply to the Director of WORC for the right to permanently reside in the Islands and the Director of WORC shall take into account \u2014 (a) the length of the marriage or domestic partnership; (b) whether there are any children of the marriage or domestic partnership; (c) whether immediately prior to the death the marriage or domestic 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 domestic partnership; (d) the applicant\u2019s ability to support himself or herself and any dependants; and (e) the applicant\u2019s health and character.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Amendment of section 33 - revocation of right to be Caymanian 5. The principal Law is amended in section 33(1) as follows \u2014 (a) by deleting the word \u201cor\u201d at the end of paragraph (c); (b) by inserting after paragraph (c) the following paragraph \u2014 \u201c(ca) where the domestic partnership of the holder, being the domestic partner of a Caymanian, is deemed by the Board to have been a domestic partnership of convenience; or\u201d; Clause 6 Introduced (c) in paragraph (d) as follows \u2014 (i) by inserting after the word \u201cspouse\u201d the words \u201cor domestic partner\u201d; and (ii) by inserting after the word \u201cmarriage\u201d the words \u201cor domestic partnership\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Amendment of section 36 - categories of permanent residence 6. The principal Law is amended in section 36 by repealing subsections (1) and (2) and substituting the following subsections \u2014 \u201c(1) The Caymanian Status and Permanent Residency Board and the Director of WORC may grant the right to reside permanently in the Islands to the following non-Caymanian applicants \u2014 (a) persons, including their spouses and domestic partners, who have been legally and ordinarily resident in the Islands for a minimum period of eight years; (b) the spouse or domestic partner of a Caymanian; and (c) a dependant of a Residency and Employment Rights Certificate who meets the requirements set out in section 39. (2) The Director of WORC may grant the right to reside permanently to \u2014 (a) the surviving spouse or domestic partner of a Caymanian under section 28(7); and (b) persons of independent means, including their spouses or domestic partners, under section 42.\u201d. 7. Amendment of section 37 - persons legally and ordinarily resident in the Islands for at least eight years 7. The principal Law is amended in section 37 as follows \u2014 (a) in subsection (1), by inserting after the word \u201cspouse\u201d the words \u201cor domestic partner\u201d; (b) in subsection (8), by inserting after the word \u201cspouse\u201d the words \u201cor domestic partner\u201d; (c) in subsection (10), by repealing paragraph (e) and substituting the following paragraph \u2014 \u201c(e) any change in the status of the applicant\u2019s marriage or domestic partnership or in respect of the applicant\u2019s dependants,\u201d; (d) in subsection (16), by inserting after the word \u201cspouse\u201d the words \u201cor domestic partner\u201d; (e) in subsection (18) \u2014 Clause 8 Introduced (i) by inserting after the word \u201cmarriage\u201d the words \u201cor domestic partnership\u201d; and (ii) by inserting after the word \u201cspouse\u201d wherever it appears the words \u201cor domestic partner\u201d; and (f) in subsection (19) \u2014 (i) by inserting after the word \u201cmarriage\u201d wherever it appears the words \u201cor domestic partnership\u201d; and (ii) by inserting after the word \u201cspouse\u201d wherever it appearsthe words \u201cor domestic partner\u201d. 8. Amendment of section 38 - Residency and Employment Rights Certificate for spouse of a Caymanian 8. The principal Law is amended in section 38 as follows \u2014 (a) in the section heading, by inserting after the word \u201cspouse\u201d the words \u201cor domestic partner\u201d; (b) in subsection (1), by inserting after the word \u201cspouse\u201d the words \u201cor domestic partner\u201d; (c) in subsection (2) as follows \u2014 (i) by inserting after the word \u201cmarriage\u201d the words \u201cor domestic partnership\u201d; and (ii) by inserting after the word \u201cspouse\u201d the words \u201cor domestic partnership\u201d; (d) in subsection (3) \u2014 (i) in paragraph (a), by inserting after the word \u201cspouse\u201d the words \u201cor domestic partner\u201d; (ii) by inserting after paragraph (b) the following paragraph \u2014 \u201c(ba) the domestic partnership is not a domestic partnership of convenience;\u201d; (iii) in paragraph (e), by inserting after the word \u201cmarriage\u201d the words \u201cor domestic partnership\u201d; and (iv) in paragraph (f), by inserting after the word \u201cspouse\u201d the words \u201cor domestic partner\u201d; (e) in subsection (4), by inserting after the word \u201cmarriage\u201d the words \u201cor domestic partnership\u201d; (f) by repealing subsection (6) and substituting the following subsection \u2014 \u201c(6) The spouse or domestic partner of a Caymanian shall have no right to reside or be gainfully employed in the Islands unless the spouse or the domestic partner is the holder of a Residency and Employment Clause 9 Introduced Rights Certificate granted under this section; and the spouse or domestic partner shall not be entitled to apply for, or to be granted, a work permit or the renewal of a work permit, but where a work permit is in effect on the date of the marriage or domestic partnership, the spouse or domestic partner may continue to work under the terms and conditions of the work permit until its expiration.\u201d; (g) in subsection (7) \u2014 (i) by inserting after the word \u201cspouse\u201d the words \u201cor domestic partner\u201d; and (ii) by inserting after the word \u201cmarriage\u201d the words \u201cor domestic partnership\u201d; and (h) in subsections (8) and (9), by inserting after the word \u201cspouse\u201d the words \u201cor domestic partner\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Amendment of section 40 - loss of Residency and Employment Rights Certificate 9. The principal Law is amended by repealing section 40 and substituting the following \u2014 \u201cLoss of Residency and Employment Rights Certificate\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_40\", \"num\": \"40.\", \"text\": \"(1) Subject to subsection (2), the holder of a Residency and Employment Rights Certificate who is the spouse or domestic partner of a Caymanian or has obtained a Residency and Employment Rights Certificate as a result of his or her marriage to or domestic partnership with, the holder of a Residency and Employment Rights Certificate under section 37(16) or any other earlier analogous provision, shall forfeit his or her rights under that Certificate if \u2014 (a) the holder falls within any of the provisions of section 51; (b) the holder\u2019s spouse or domestic partner ceases to be a Caymanian or to be a Residency and Employment Rights Certificate holder; (c) within ten years of the marriage or the domestic partnership, the marriage or domestic partnership is dissolved or annulled; (d) the holder ceases to be legally and ordinarily resident in the Islands; or (e) the holder and his or her spouse or domestic partner are living apart \u2014 (i) under a decree of a competent court; (ii) under a deed of separation; or Clause 10 Introduced (iii) in circumstances where, in the opinion of the Board or the Director of WORC, the marriage or domestic partnership has irretrievably broken down. (2) A person who has forfeited his or her rights under subsection (1) and \u2014 (a) is or was the spouse or domestic partner of a Caymanian; and (b) is the parent of a Caymanian child, may apply to the Board or the Director of WORC for a continuation of the Residency and Employment Rights Certificate \u2014 (i) until the child reaches the age of eighteen years; or (ii) where the child is enrolled in tertiary education, until the child completes his or her education or has reached the age of twenty-four years, whichever happens earlier. (3) Notwithstanding section 38(1), where the holder of a Residency and Employment Rights Certificate is the surviving spouse or domestic partner of a Caymanian, that surviving spouse or domestic partner shall be required, in order to continue to hold that Certificate, to apply to the Board or the Director of WORC for the right to continue to hold the Certificate and \u2014 (a) the Board or the Director of WORC shall, in considering the application take into account \u2014 (i) the length of the marriage or the domestic partnership; (ii) whether there are any children; (iii) whether immediately prior to the death, the marriage or domestic 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 domestic partnership; (iv) the applicant\u2019s ability to support himself or herself and any dependants; and (v) the applicant\u2019s health and character; and (b) thereafter, the Board or the Director of WORC shall either revoke the Certificate or allow the continuation of the Certificate.\u201d. 10. Amendment of section 42 - Certificateof Permanent Residence for persons of Independent Means 10. The principal Law is amended in section 42 as follows \u2014 Clause 11 Introduced (a) in subsection (2)(b) and (c), by inserting after the word \u201cspouse\u201d the words \u201cor domestic partner\u201d; and (b) in subsection (3) by inserting after the word \u201cspouse\u201d the words \u201cor domestic partner\u201d. 11. Amendment of section 43 - spouse and dependants of the holder of a Residency Certificate for Persons of Independent Means or a Certificate of Permanent Residence for Persons of Independent Means 11. The principal Law is amended in section 43 as follows \u2014 (a) in the section header, by inserting after the word \u201cspouse\u201d the words \u201cor domestic partner\u201d; (b) in subsection (1), by inserting after the word \u201cspouse\u201d the words \u201c, domestic partner\u201d; and (c) by repealing subsection (3) and substituting the following subsection \u2014 \u201c(3) Upon \u2014 (a) the death of the holder of a Residency Certificate for Persons of Independent Means or a Certificate of Permanent Residence for Persons of Independent Means; or (b) the dissolution of the marriage or domestic partnership of the holder of a Residency Certificate for Persons of Independent Means or a Certificate of Permanent Residence for Persons of Independent Means, the right of the surviving or former spouse or domestic partner to reside in the Islands may be revoked at the discretion of the Director of WORC but the surviving or former spouse or domestic partner may, within a period of three months of any revocation, apply for the grant of a Residency Certificate for Persons of Independent Means or a Certificate of Permanent Residence for Persons of Independent Means upon satisfying the requirements of this section.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Amendment of section 47 - Certificate of Direct Investment 12. The principal Law is amended in section 47 as follows \u2014 (a) in subsection (2)(a) and (b), by inserting after the word \u201cspouse\u201d the words \u201cor domestic partner\u201d; (b) in subsection (6), by inserting after the word \u201cspouse\u201d the words \u201c, domestic partner\u201d; (c) in subsection (7) \u2014 (i) by inserting after the word \u201cmarriage\u201d the words \u201cor domestic partnership\u201d; and Clause 13 Introduced (ii) by inserting after the word \u201cspouse\u201d where it twice appears the words \u201cor domestic partner\u201d; and (d) by repealing subsection (10) and substituting the following subsection \u2014 \u201c(10) Where \u2014 (a) there is a change in the number of children who are dependants of the holder of a Certificate of Direct Investment; (b) the holder \u2014 (i) marries or enters into a domestic partnership; (ii) divorces; or (iii) dissolves a domestic partnership, subsequent to the issue of the Certificate; or (c) changes his or her occupation within the business or businesses, the holder shall so inform the Director of WORC of the fact and the Director of WORC may amend the Certificate accordingly and subject to such conditions as Director of WORC may, in the Director\u2019s absolute discretion, determine.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Amendment of section 48 - revocation of Certificate of Direct Investment 13. The principal Law is amended in section 48(g) by inserting after the word \u201cspouse\u201d the words \u201cor domestic partner\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Amendment of section 49 - Certificate for Specialist Caregivers 14. The principal Law is amended in section 49(7) by inserting after the word \u201cspouse\u201d the words \u201c, domestic partner\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Amendment of section 50 - Residency Certificate (Substantial Business Presence) 15. The principal Law is amended in section 50 as follows \u2014 (a) in subsection (3) \u2014 (i) in paragraph (a), by inserting after the word \u201cspouse\u201d the words \u201cor domestic partner\u201d; and (ii) in paragraph (b), by inserting after the words \u201cspouse\u201d the words \u201c, or domestic partner,\u201d; (b) in subsection (6), by inserting after the words \u201cspouse\u201d the words \u201c, or domestic partner,\u201d; (c) by repealing subsection (7) and substituting the following subsection \u2014 \u201c(7) Upon \u2014 Clause 16 Introduced (a) the death of the holder of an Approval-in-Principle Residency Certificate (Substantial Business Presence) or a Residency Certificate (Substantial Business Presence); or (b) the dissolution of the marriage or domestic partnership of the holder of an Approval-in-Principle Residency Certificate (Substantial Business Presence) or a Residency Certificate (Substantial Business Presence), the right of the dependent spouse or domestic partner to reside in the Islands shall cease after a period of one year from the date of the death or the dissolution unless \u2014 (i) the spouse or domestic partner can demonstrate to the satisfaction of the Director of WORC that he or she can support himself or herself and any dependent children without having to become gainfully occupied in the Islands; or (ii) the holder is granted permission to remain under any other provision of this Law.\u201d; (d) by repealing subsection (9) and substituting the following subsection \u2014 \u201c(9) Where \u2014 (a) there is a change in the number of children who are dependants of the holder of a Certificate issued under this section; (b) the holder \u2014 (i) marries or enters into a domestic partnership; (ii) divorces; (iii) dissolves a domestic partnership; subsequent to the issue of the Certificate; or (c) the holder changes his or her occupation within the business, the holder shall so inform the Director of WORC of the fact and the Director of WORC may amend the Certificate accordingly and subject to such conditions as Director of WORC may, in the Director\u2019s absolute discretion, determine.\u201d; and (e) in subsection (11)(f), by inserting after the word \u201cspouse\u201d the words \u201cor domestic partner\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Amendment of section 53 - persons exempted 16. The principal Law is amended in section 53(1)(d) by inserting after the word \u201cspouse\u201d the words \u201cor domestic partner\u201d. Clause 17 Introduced\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Amendment of section 58 - consideration of work permit by Board etc. 17. The principal Law is amended in section 58 as follows \u2014 (a) in subsection (3)(d), by inserting after the word \u201cspouse\u201d where it twice appears the words \u201cor domestic partner\u201d; and (b) in subsection (5)(a), by inserting after the word \u201cspouse\u201d the words \u201cor domestic partner\u201d. 18. Amendment of section 63 - grant or refusal of work permit 18. The principal Law is amended in section 63(10) by inserting after the word \u201cspouse\u201d the words \u201cor domestic partner\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Amendment of section 66 - term limits 19. The principal Law is amended in section 66 as follows \u2014 (a) by repealing subsection (10) and substituting the following subsection \u2014 \u201c(10) A person \u2014 (a) who is married to, or in a domestic partnership with \u2014 (i) a worker; (ii) a person employed by the Government of the Islands; (iii) a person employed by the Government of the United Kingdom, in the Islands; (iv) a person employed by any statutory authority or Government owned company, the employees of which are by law not required to hold work permits; or (v) a person who is working by operation of law with the permission granted under subsection (4) or (8), and whose right to work in the Islands will expire before that of his or her spouse or domestic partner; (b) whose marriage is, in the opinion of the Board or the Director of WORC, not a marriage of convenience; or (c) whose domestic partnership is, in the opinion of the Board or the Director of WORC, not a domestic partnership of convenience; (d) who is not living apart from his or her spouse or domestic 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 domestic partner for an aggregate period of three months out of the twelve months immediately preceding the application for the grant in circumstances which, in the opinion of the Board or the Clause \u201c Introduced Director of WORC, have led it to conclude that the marriage or domestic partnership has broken down, may, during the currency of the spouse\u2019s or the domestic partner\u2019s work permit or contract of employment with the Government of the Islands or with the Government of the United Kingdom in the Islands or in the period during which his or her spouse or domestic partner is working by operation of law with permission granted under subsection (4) or (8), apply for the grant of a work permit or the renewal of an existing work permit; and the Board or the Director of WORC may \u2014 (i) grant the application for a period not exceeding that of the spouse\u2019s or domestic partner\u2019s work permit or any renewal thereof; (ii) grant the application for a period not exceeding that of the spouse\u2019s or domestic partner\u2019s contract of employment; or (iii) grant the application for a period not exceeding that of the period for which his or her spouse or domestic partner is working by operation of law or under permission granted under subsection (4) or (8).\u201d; (b) by repealing subsection (11) and substituting the following subsection \u2014 \u201c(11) A person working under subsection (10) whose spouse or domestic partner  is granted permanent residence under section 37 and who has applied for a Residency and Employment Rights Certificate as the spouse or domestic partner of a permanent resident under section 37(16) will not lose his or her right to work and may continue to be granted work permits until the final determination of his or her application where that application was submitted within ninety days of the grant of his or her spouse\u2019s or domestic partner\u2019s permanent residence.\u201d; (c) in subsection (12), by inserting after the word \u201cspouse\u201d where it twice appears the words \u201cor domestic partner\u201d; and (d) by repealing subsection (13) and substituting the following subsection \u2014 \u201c(13) The Board or the Director of WORC, in calculating under subsection (10)(d), the period of time that an applicant has spent apart from his or her spouse or domestic partner , shall not take into account those occasions when either spouse\u2019s or domestic partner\u2019s absences were because of medical, educational, business, vacation or other analogous circumstances.\u201d. Clause 20 Introduced 20. Amendment of section 70 - marriages of convenience 20. The principal Law is amended by repealing section 70 and substituting the following section \u2014 \u201cMarriages and domestic partnerships of convenience 70. (1) A person who enters into a marriage of convenience or a domestic partnership of convenience commits an offence and is liable on summary conviction to a fine of ten thousand dollars and to imprisonment for one year. (2) If \u2014 (a) a marriage officer has reasonable grounds for suspecting that a marriage will be a marriage of convenience; or (b) the Registrar, a Deputy Registrar or a domestic partnership officer has reasonable grounds for suspecting that a domestic partnership will be a domestic partnership of convenience, and fails to report his or her suspicion to the Director of WORC without delay and in such form and manner as may be prescribed, the marriage officer, the Registrar, the Deputy Registrar or the domestic partnership officer commits an offence. (3) Subsection (2) also applies where \u2014 (a) a marriage is solemnised in the presence of a marriage officer; and (b) a domestic partnership is formalised in the presence of the Registrar, a Deputy Registrar or a domestic partnership officer, who, before, during or immediately after solemnisation of the marriage or formalisation of the domestic partnership, has reasonable grounds for suspecting that the marriage or domestic partnership will be, or is, a marriage of convenience or a domestic partnership of convenience.\u201d. Assented to by the Governor the     day of , 2020.\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2020_01_01\", \"date\": \"2020-01-01\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror (kyleg)\"}]}, \"temporalData\": {\"source\": \"#cilegis\", \"temporalGroup\": [{\"eId\": \"tg_inforce_2020_01_01\", \"timeInterval\": [{\"end\": null, \"start\": \"#e_commence_2020_01_01\", \"duration\": null, \"refersTo\": \"#inForce\"}]}]}, \"classification\": null, \"identification\": {\"source\": \"#cilegis\", \"FRBRWork\": {\"FRBRuri\": \"\/akn\/ky\/bill\/2020\/37\", \"FRBRdate\": [{\"date\": \"2020-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/bill\/2020\/37\/!main\", \"FRBRalias\": [{\"name\": \"cmsId\", \"value\": \"2020-0037\"}], \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRnumber\": \"37 of 2020\", \"FRBRcountry\": \"ky\", \"FRBRsubtype\": \"bill\"}, \"FRBRExpression\": {\"FRBRuri\": \"\/akn\/ky\/bill\/2020\/37\/eng@2020-01-01\", \"FRBRdate\": [{\"date\": \"2020-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/bill\/2020\/37\/eng@2020-01-01\/!main\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRlanguage\": \"eng\"}, \"FRBRManifestation\": {\"FRBRuri\": \"\/akn\/ky\/bill\/2020\/37\/eng@2020-01-01.xml\", \"FRBRdate\": [{\"date\": \"2026-07-18\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/bill\/2020\/37\/eng@2020-01-01.xml\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRformat\": \"application\/xml\"}}}, \"name\": \"bill\", \"header\": {\"title\": \"Immigration (Transition) (Amendment) (No.2) Bill, 2020\", \"actNumber\": \"37 of 2020\", \"longTitle\": null}}, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nIMMIGRATION (TRANSITION)\n(AMENDMENT) (NO.2) BILL, 2020\nSupplement No. 5 published with Legislation Gazette No. 56 dated 10th August, 2020.\nA BILL FOR A LAW TO AMEND THE IMMIGRATION (TRANSITION) LAW, 2018 AS A\nCONSEQUENCE OF THE ENACTMENT OF THE DOMESTIC PARTNERSHIP LAW,\n2020; AND FOR INCIDENTAL AND CONNECTED PURPOSES\n\nPage 2\n Introduced\nc\n\nPUBLISHING DETAILS\nSponsoring Ministry\/Portfolio: Governor's Office\n\nImmigration (Transition) (Amendment) (No.2) Bill, 2020\nObjects and Reasons\n\nc\nIntroduced\nPage 3\n\nMemorandum of\nOBJECTS AND REASONS\nThis Bill amends the Immigration (Transition) Law, 2018 (\u201cthe principal Law\u201d) as a\nconsequence of the enactment of the Domestic Partnership Law, 2020. This legislation will\nensure that immigration rights will be extended to persons in domestic partnerships and to\nthe children and other dependants of domestic partners.\nThe Bill, in order to effect such changes, primarily adds throughout the words \u201cdomestic\npartner\u201d and \u201cdomestic partnership\u201d.\nBy virtue of this legislation, domestic partners will be able, among other things, to obtain\nthrough their domestic partners, Caymanian status, permanent residence and Residency\nand Employment Rights Certificates. Any right which is given under the principal Law to\na spouse will be extended to a domestic partner. The provisions relating to loss of rights\nwill also apply.\nThe sections of the principal Law which are amended and which will be extended to\ndomestic partners and domestic partnerships are as follows \u2014\n(a)\nsection 13 - functions of Boards; Head of Work Permits, Cayman Status\nand Permanent Residence;\n(b) section 28 - acquisition of the right to be Caymanian by grant of the Board;\n(c)\nsection 33 - revocation of right to be Caymanian;\n(d) section 36 - categories of permanent residence;\n(e)\nsection 37 - persons legally and ordinarily resident in the Islands for at\nleast eight years;\n(f)\nsection 38 - Residency and Employment Rights Certificate for spouse of a\nCaymanian;\n(g) section 40 - loss of Residency and Employment Rights Certificate;\n(h) section 42 - Certificate of Permanent Residence for Persons of\nIndependent Means;\n(i)\nsection 43 - spouse and dependants of the holder of a Residency Certificate\nfor Persons of Intendent Means or a Certificate of Permanent Residence\nfor Persons of Independent Means\n(j)\nsection 47 - Certificate of Direct Investment;\n(k) section 48 - revocation of Certificate of Direct Investment;\n(l)\nsection 50 - Residency Certificate (Substantial Business Presence);\n(m) section 53 - persons exempted;\n(n) section 58 - consideration of application for work permit by Board, etc.;\n\nObjects and Reasons\nImmigration (Transition) (Amendment) (No.2) Bill, 2020\n\nPage 4\nIntroduced\nc\n\n(o) section 63 - grant or refusal of work permit;\n(p) section 66 - term limits; and\n(q) section 70 - marriages of convenience.\n\nOf particular note, the Bill repeals and replaces section 70 to make it clear that domestic\npartnerships of convenience, like marriages of convenience, will not permitted.\n\nImmigration (Transition) (Amendment) (No.2) Bill, 2020\nArrangement of Clauses\n\nc\n Introduced\nPage 5\n\nCAYMAN ISLANDS\n\nIMMIGRATION (TRANSITION) (AMENDMENT)\n(NO.2) BILL, 2020\n\nArrangement of Clauses\nClause\nPage\n1.\nShort title and commencement ..................................................................................................7\n2.\nAmendment of section 2 of the Immigration Law (2020 Revision) \u2013 interpretation ......................7\n3.\nAmendment of section 13 - functions of Boards; Head of Work Permits, Cayman Status\nand Permanent Residence ........................................................................................................8\n4.\nAmendment of section 28 - acquisition of the right to be Caymanian by grant of the Board ........8\n5.\nAmendment of section 33 - revocation of right to be Caymanian .............................................. 10\n6.\nAmendment of section 36 - categories of permanent residence ............................................... 11\n7.\nAmendment of section 37 - persons legally and ordinarily resident in the Islands for at\nleast eight years ...................................................................................................................... 11\n8.\nAmendment of section 38 - Residency and Employment Rights Certificate for spouse of a\nCaymanian .............................................................................................................................. 12\n9.\nAmendment of section 40 - loss of Residency and Employment Rights Certificate ................... 13\n10.\nAmendment of section 42 - Certificateof Permanent Residence for persons of\nIndependent Means ................................................................................................................. 14\n11.\nAmendment of section 43 - spouse and dependants of the holder of a Residency\nCertificate for Persons of Independent Means or a Certificate of Permanent Residence\nfor Persons of Independent Means .......................................................................................... 15\n12.\nAmendment of section 47 - Certificate of Direct Investment ..................................................... 15\n13.\nAmendment of section 48 - revocation of Certificate of Direct Investment ................................ 16\n14.\nAmendment of section 49 - Certificate for Specialist Caregivers .............................................. 16\n15.\nAmendment of section 50 - Residency Certificate (Substantial Business Presence) ................ 16\n16.\nAmendment of section 53 - persons exempted ........................................................................ 17\n17.\nAmendment of section 58 - consideration of work permit by Board etc..................................... 18\n18.\nAmendment of section 63 - grant or refusal of work permit ...................................................... 18\n\nArrangement of Clauses\nImmigration (Transition) (Amendment) (No.2) Bill, 2020\n\nPage 6\n Introduced\nc\n\n19.\nAmendment of section 66 - term limits ..................................................................................... 18\n20.\nAmendment of section 70 - marriages of convenience ............................................................. 20\n\nImmigration (Transition) (Amendment) (No.2) Bill, 2020\nClause 1\n\nc\n Introduced\nPage 7\n\nCAYMAN ISLANDS\n\nIMMIGRATION (TRANSITION) (AMENDMENT)\n(NO.2) BILL, 2020\n\nA BILL FOR A LAW TO AMEND THE IMMIGRATION (TRANSITION) LAW, 2018 AS A\nCONSEQUENCE OF THE ENACTMENT OF THE DOMESTIC PARTNERSHIP LAW,\n2020; AND FOR INCIDENTAL AND CONNECTED PURPOSES\nENACTED by the Governor in accordance with section 81 of the Constitution, after\nconsultation with the Premier and with the prior approval of a Secretary of State.\n1.\nShort title and commencement\n1.\n(1) This Law may be cited as the Immigration (Transition) (Amendment) (No.2)\nLaw, 2020.\n(2) This Law comes into force immediately after the commencement of the\nDomestic Partnership Law, 2020.\n2.\nAmendment of section 2 of the Immigration Law (2020 Revision) \u2013\ninterpretation\n2.\nThe Immigration (Transition) Law, 2018, in this Law referred to as the \u201cprincipal\nLaw\u201d, is amended in section 2 as follows \u2014\n(a)\nin the definition of the word \u201cdependant\u201d by inserting after the word\n\u201cspouse\u201d the words \u201cor domestic partner\u201d;\n\nClause 3\nImmigration (Transition) (Amendment) (No.2) Bill, 2020\n\nPage 8\n Introduced\nc\n\n(b) in the definition of the word \u201cstep-child\u201d by inserting after the word\n\u201cmarriage\u201d the words \u201cor a domestic partnership\u201d;\n(c)\nin the definition of the word \u201cstudent\u201d by inserting after the word \u201cspouse\u201d\nthe words \u201cor domestic partner\u201d; and\n(d) by inserting, in the appropriate alphabetical sequence, the following\ndefinitions \u2014\n\u201cDeputy Registrar\u201d means a person appointed under section 28 of\nthe Domestic Partnership Law, 2020;\n\u201cdomestic partner\u201d has the meaning assigned by section 2 of the\nDomestic Partnership Law, 2020;\n\u201cdomestic partnership\u201d has the meaning assigned by section 2 of\nthe Domestic Partnership Law, 2020;\n\u201cdomestic partnership of convenience\u201d means a domestic\npartnership entered into with the primary intention of avoiding, or\nbenefiting from, any of the provisions of this Law;\n\u201cdomestic partnership officer\u201d means a person appointed under\nsection 25 of the Domestic Partnership Law, 2020 or licensed under\nsection 31 or 32 of that Law; and\n\u201cRegistrar\u201d means the Registrar of Domestic Partnerships who shall\nbe \u2014\n(a)\nthe Registrar-General; or\n(b) such other public officer as may be appointed by the Deputy\nGovernor to carry out the functions of the Registrar in relation\nto this Law.;.\n3.\nAmendment of section 13 - functions of Boards; Head of Work Permits,\nCayman Status and Permanent Residence\n3.\nThe principal Law is amended in section 13(3)(b)(iii) by inserting after the word\n\u201cspouse\u201d the words \u201cor domestic partner\u201d.\n4.\nAmendment of section 28 - acquisition of the right to be Caymanian by grant\nof the Board\n4.\nThe principal Law is amended in section 28 as follows \u2014\n(a)\nby repealing subsection (5) and substituting the following subsection \u2014\n\u201c(5) A person \u2014\n(a)\nwho has been married to, or been in a domestic partnership\nwith, a Caymanian \u2014\n\nImmigration (Transition) (Amendment) (No.2) Bill, 2020\nClause 4\n\nc\n Introduced\nPage 9\n\n(i)\nfor at least five years immediately preceding the\napplication, where the marriage took place prior to the 1st\nJanuary, 2004;\n(ii) for at least seven years immediately preceding the\napplication, where the marriage took place on or after the\n1st January, 2004; or\n(iii) in the case of a domestic partnership, for at least seven\nyears immediately preceding the application;\n(b) whose marriage is not a marriage of convenience;\n(c)\nwhose domestic partnership is not a domestic partnership of\nconvenience;\n(d) who is not living apart from his or her spouse or domestic\npartner under a decree of a competent court or under a deed of\nseparation;\n(e)\nwho has not lived apart from his or her spouse or domestic\npartner for an aggregate period of three months \u2014\n(i)\nout of the five years immediately preceding the\napplication where the marriage took place prior to the 1st\nJanuary, 2004;\n(ii) out of the seven years immediately preceding the\napplication where the marriage took place on or after the\n1st January, 2004; or\n(iii) in the case of a domestic partnership, out of the seven\nyears immediately preceding the application;\n(f)\nwho is legally and ordinarily resident in the Islands immediately\npreceding his or her application; and\n(g) who has not in any country been convicted of an offence for\nwhich a sentence of imprisonment not exceeding twelve months\nhas been passed other than for non-payment of a fine unless \u2014\n(i)\nthe conviction has been quashed on appeal or has been the\nsubject of a free pardon;\n(ii) the act or omission giving rise to such conviction would\nnot be an offence if done or omitted in the Islands in\nsimilar circumstances; or\n(iii) the conviction is one which, in the interest of justice, the\nBoard directs to be ignored for the purposes of this\nsection,\nmay apply to the Board for the grant of the right to be Caymanian.\u201d;\n(b) in subsection (6) as follows \u2014\n\nClause 5\nImmigration (Transition) (Amendment) (No.2) Bill, 2020\n\nPage 10\n Introduced\nc\n\n(i)\nby inserting after the word \u201cspouse\u201d the words \u201cor domestic partner\u201d;\nand\n(ii) by inserting after the word \u201cspouses\u201d the words \u201cor domestic\npartners\u201d;\n(c)\nin subsection (7) \u2014\n(i)\nby repealing the following \u2014\n\u201c(7) The surviving spouse of a Caymanian who \u2014\n(a)\nwas married to the deceased for at least seven years;\u201d; and\n(ii) by substituting therefor the following \u2014\n\u201c(7) The surviving spouse or domestic partner of a Caymanian who \u2014\n(a)\nwas married to, or in a domestic partnership with, the deceased\nfor at least seven years;\u201d; and\n(d) by repealing subsection (8) and substituting the following subsection \u2014\n\u201c(8) Where the marriage or domestic partnership referred to in subsection\n(7)(a) has not subsisted for a period of seven years or the grant of the\nright to be Caymanian has been refused by the Board, the surviving\nspouse or domestic partner may apply to the Director of WORC for\nthe right to permanently reside in the Islands and the Director of\nWORC shall take into account \u2014\n(a)\nthe length of the marriage or domestic partnership;\n(b) whether there are any children of the marriage or domestic\npartnership;\n(c)\nwhether immediately prior to the death the marriage or\ndomestic 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 domestic\npartnership;\n(d) the applicant\u2019s ability to support himself or herself and any\ndependants; and\n(e)\nthe applicant\u2019s health and character.\u201d.\n5.\nAmendment of section 33 - revocation of right to be Caymanian\n5.\nThe principal Law is amended in section 33(1) as follows \u2014\n(a)\nby deleting the word \u201cor\u201d at the end of paragraph (c);\n(b) by inserting after paragraph (c) the following paragraph \u2014\n\u201c(ca) where the domestic partnership of the holder, being the\ndomestic partner of a Caymanian, is deemed by the Board to\nhave been a domestic partnership of convenience; or\u201d;\n\nImmigration (Transition) (Amendment) (No.2) Bill, 2020\nClause 6\n\nc\n Introduced\nPage 11\n\n(c)\nin paragraph (d) as follows \u2014\n(i)\nby inserting after the word \u201cspouse\u201d the words \u201cor domestic partner\u201d;\nand\n(ii) by inserting after the word \u201cmarriage\u201d the words \u201cor domestic\npartnership\u201d.\n6.\nAmendment of section 36 - categories of permanent residence\n6.\nThe principal Law is amended in section 36 by repealing subsections (1) and (2) and\nsubstituting the following subsections \u2014\n\u201c(1) The Caymanian Status and Permanent Residency Board and the\nDirector of WORC may grant the right to reside permanently in the\nIslands to the following non-Caymanian applicants \u2014\n(a)\npersons, including their spouses and domestic partners, who\nhave been legally and ordinarily resident in the Islands for a\nminimum period of eight years;\n(b) the spouse or domestic partner of a Caymanian; and\n(c)\na dependant of a Residency and Employment Rights Certificate\nwho meets the requirements set out in section 39.\n(2) The Director of WORC may grant the right to reside permanently\nto \u2014\n(a)\nthe surviving spouse or domestic partner of a Caymanian under\nsection 28(7); and\n(b) persons of independent means, including their spouses or\ndomestic partners, under section 42.\u201d.\n7.\nAmendment of section 37 - persons legally and ordinarily resident in the\nIslands for at least eight years\n7.\nThe principal Law is amended in section 37 as follows \u2014\n(a)\nin subsection (1), by inserting after the word \u201cspouse\u201d the words \u201cor\ndomestic partner\u201d;\n(b) in subsection (8), by inserting after the word \u201cspouse\u201d the words \u201cor\ndomestic partner\u201d;\n(c)\nin subsection (10), by repealing paragraph (e) and substituting the\nfollowing paragraph \u2014\n\u201c(e) any change in the status of the applicant\u2019s marriage or domestic\npartnership or in respect of the applicant\u2019s dependants,\u201d;\n(d) in subsection (16), by inserting after the word \u201cspouse\u201d the words \u201cor\ndomestic partner\u201d;\n(e)\nin subsection (18) \u2014\n\nClause 8\nImmigration (Transition) (Amendment) (No.2) Bill, 2020\n\nPage 12\n Introduced\nc\n\n(i)\nby inserting after the word \u201cmarriage\u201d the words \u201cor domestic\npartnership\u201d; and\n(ii) by inserting after the word \u201cspouse\u201d wherever it appears the words\n\u201cor domestic partner\u201d; and\n(f)\nin subsection (19) \u2014\n(i)\nby inserting after the word \u201cmarriage\u201d wherever it appears the words\n\u201cor domestic partnership\u201d; and\n(ii) by inserting after the word \u201cspouse\u201d wherever it appearsthe words\n\u201cor domestic partner\u201d.\n8.\nAmendment of section 38 - Residency and Employment Rights Certificate for\nspouse of a Caymanian\n8.\nThe principal Law is amended in section 38 as follows \u2014\n(a)\nin the section heading, by inserting after the word \u201cspouse\u201d the words \u201cor\ndomestic partner\u201d;\n(b) in subsection (1), by inserting after the word \u201cspouse\u201d the words \u201cor\ndomestic partner\u201d;\n(c)\nin subsection (2) as follows \u2014\n(i)\nby inserting after the word \u201cmarriage\u201d the words \u201cor domestic\npartnership\u201d; and\n(ii) by inserting after the word \u201cspouse\u201d the words \u201cor domestic\npartnership\u201d;\n(d) in subsection (3) \u2014\n(i)\nin paragraph (a), by inserting after the word \u201cspouse\u201d the words \u201cor\ndomestic partner\u201d;\n(ii) by inserting after paragraph (b) the following paragraph \u2014\n\u201c(ba) the domestic partnership is not a domestic partnership of\nconvenience;\u201d;\n(iii) in paragraph (e), by inserting after the word \u201cmarriage\u201d the words \u201cor\ndomestic partnership\u201d; and\n(iv) in paragraph (f), by inserting after the word \u201cspouse\u201d the words \u201cor\ndomestic partner\u201d;\n(e)\nin subsection (4), by inserting after the word \u201cmarriage\u201d the words \u201cor\ndomestic partnership\u201d;\n(f)\nby repealing subsection (6) and substituting the following subsection \u2014\n\u201c(6) The spouse or domestic partner of a Caymanian shall have no right\nto reside or be gainfully employed in the Islands unless the spouse or\nthe domestic partner is the holder of a Residency and Employment\n\nImmigration (Transition) (Amendment) (No.2) Bill, 2020\nClause 9\n\nc\n Introduced\nPage 13\n\nRights Certificate granted under this section; and the spouse or\ndomestic partner shall not be entitled to apply for, or to be granted, a\nwork permit or the renewal of a work permit, but where a work permit\nis in effect on the date of the marriage or domestic partnership, the\nspouse or domestic partner may continue to work under the terms and\nconditions of the work permit until its expiration.\u201d;\n(g) in subsection (7) \u2014\n(i)\nby inserting after the word \u201cspouse\u201d the words \u201cor domestic partner\u201d;\nand\n(ii) by inserting after the word \u201cmarriage\u201d the words \u201cor domestic\npartnership\u201d; and\n(h) in subsections (8) and (9), by inserting after the word \u201cspouse\u201d the words\n\u201cor domestic partner\u201d.\n9.\nAmendment of section 40 - loss of Residency and Employment Rights\nCertificate\n9.\nThe principal Law is amended by repealing section 40 and substituting the\nfollowing \u2014\n\u201cLoss of Residency and Employment Rights Certificate\n40. (1) Subject to subsection (2), the holder of a Residency and Employment\nRights Certificate who is the spouse or domestic partner of a\nCaymanian or has obtained a Residency and Employment Rights\nCertificate as a result of his or her marriage to or domestic partnership\nwith, the holder of a Residency and Employment Rights Certificate\nunder section 37(16) or any other earlier analogous provision, shall\nforfeit his or her rights under that Certificate if \u2014\n(a)\nthe holder falls within any of the provisions of section 51;\n(b) the holder\u2019s spouse or domestic partner ceases to be a\nCaymanian or to be a Residency and Employment Rights\nCertificate holder;\n(c)\nwithin ten years of the marriage or the domestic partnership, the\nmarriage or domestic partnership is dissolved or annulled;\n(d) the holder ceases to be legally and ordinarily resident in the\nIslands; or\n(e)\nthe holder and his or her spouse or domestic partner are living\napart \u2014\n(i)\nunder a decree of a competent court;\n(ii) under a deed of separation; or\n\nClause 10\nImmigration (Transition) (Amendment) (No.2) Bill, 2020\n\nPage 14\n Introduced\nc\n\n(iii) in circumstances where, in the opinion of the Board or the\nDirector of WORC, the marriage or domestic partnership\nhas irretrievably broken down.\n(2) A person who has forfeited his or her rights under subsection (1)\nand \u2014\n(a)\nis or was the spouse or domestic partner of a Caymanian; and\n(b) is the parent of a Caymanian child,\nmay apply to the Board or the Director of WORC for a continuation\nof the Residency and Employment Rights Certificate \u2014\n(i)\nuntil the child reaches the age of eighteen years; or\n(ii) where the child is enrolled in tertiary education, until the\nchild completes his or her education or has reached the age\nof twenty-four years, whichever happens earlier.\n(3) Notwithstanding section 38(1), where the holder of a Residency and\nEmployment Rights Certificate is the surviving spouse or domestic\npartner of a Caymanian, that surviving spouse or domestic partner\nshall be required, in order to continue to hold that Certificate, to apply\nto the Board or the Director of WORC for the right to continue to\nhold the Certificate and \u2014\n(a)\nthe Board or the Director of WORC shall, in considering the\napplication take into account \u2014\n(i)\nthe length of the marriage or the domestic partnership;\n(ii) whether there are any children;\n(iii) whether immediately prior to the death, the marriage or\ndomestic partnership was no longer subsisting as\nevidenced by a decree of a competent court, a deed of\nseparation or what appears to be the breakdown of the\nmarriage or domestic partnership;\n(iv) the applicant\u2019s ability to support himself or herself and\nany dependants; and\n(v) the applicant\u2019s health and character; and\n(b) thereafter, the Board or the Director of WORC shall either\nrevoke the Certificate or allow the continuation of the\nCertificate.\u201d.\n10.\nAmendment of section 42 - Certificateof Permanent Residence for persons\nof Independent Means\n10. The principal Law is amended in section 42 as follows \u2014\n\nImmigration (Transition) (Amendment) (No.2) Bill, 2020\nClause 11\n\nc\n Introduced\nPage 15\n\n(a)\nin subsection (2)(b) and (c), by inserting after the word \u201cspouse\u201d the words\n\u201cor domestic partner\u201d; and\n(b) in subsection (3) by inserting after the word \u201cspouse\u201d the words \u201cor\ndomestic partner\u201d.\n11.\nAmendment of section 43 - spouse and dependants of the holder of a\nResidency Certificate for Persons of Independent Means or a Certificate of\nPermanent Residence for Persons of Independent Means\n11. The principal Law is amended in section 43 as follows \u2014\n(a)\nin the section header, by inserting after the word \u201cspouse\u201d the words \u201cor\ndomestic partner\u201d;\n(b) in subsection (1), by inserting after the word \u201cspouse\u201d the words \u201c,\ndomestic partner\u201d; and\n(c)\nby repealing subsection (3) and substituting the following subsection \u2014\n\u201c(3) Upon \u2014\n(a)\n the death of the holder of a Residency Certificate for Persons\nof Independent Means or a Certificate of Permanent Residence\nfor Persons of Independent Means; or\n(b) the dissolution of the marriage or domestic partnership of the\nholder of a Residency Certificate for Persons of Independent\nMeans or a Certificate of Permanent Residence for Persons of\nIndependent Means,\nthe right of the surviving or former spouse or domestic partner to\nreside in the Islands may be revoked at the discretion of the Director\nof WORC but the surviving or former spouse or domestic partner\nmay, within a period of three months of any revocation, apply for the\ngrant of a Residency Certificate for Persons of Independent Means\nor a Certificate of Permanent Residence for Persons of Independent\nMeans upon satisfying the requirements of this section.\u201d.\n12.\nAmendment of section 47 - Certificate of Direct Investment\n12. The principal Law is amended in section 47 as follows \u2014\n(a)\nin subsection (2)(a) and (b), by inserting after the word \u201cspouse\u201d the words\n\u201cor domestic partner\u201d;\n(b) in subsection (6), by inserting after the word \u201cspouse\u201d the words \u201c,\ndomestic partner\u201d;\n(c)\nin subsection (7) \u2014\n(i)\nby inserting after the word \u201cmarriage\u201d the words \u201cor domestic\npartnership\u201d; and\n\nClause 13\nImmigration (Transition) (Amendment) (No.2) Bill, 2020\n\nPage 16\n Introduced\nc\n\n(ii) by inserting after the word \u201cspouse\u201d where it twice appears the words\n\u201cor domestic partner\u201d; and\n(d) by repealing subsection (10) and substituting the following subsection \u2014\n\u201c(10) Where \u2014\n(a)\nthere is a change in the number of children who are dependants\nof the holder of a Certificate of Direct Investment;\n(b) the holder \u2014\n(i)\nmarries or enters into a domestic partnership;\n(ii) divorces; or\n(iii) dissolves a domestic partnership,\nsubsequent to the issue of the Certificate; or\n(c)\nchanges his or her occupation within the business or businesses,\nthe holder shall so inform the Director of WORC of the fact and the\nDirector of WORC may amend the Certificate accordingly and\nsubject to such conditions as Director of WORC may, in the\nDirector\u2019s absolute discretion, determine.\u201d.\n13.\nAmendment of section 48 - revocation of Certificate of Direct Investment\n13. The principal Law is amended in section 48(g) by inserting after the word \u201cspouse\u201d\nthe words \u201cor domestic partner\u201d.\n14.\nAmendment of section 49 - Certificate for Specialist Caregivers\n14. The principal Law is amended in section 49(7) by inserting after the word \u201cspouse\u201d\nthe words \u201c, domestic partner\u201d.\n15.\nAmendment of section 50 - Residency Certificate (Substantial Business\nPresence)\n15. The principal Law is amended in section 50 as follows \u2014\n(a)\nin subsection (3) \u2014\n(i)\nin paragraph (a), by inserting after the word \u201cspouse\u201d the words \u201cor\ndomestic partner\u201d; and\n(ii) in paragraph (b), by inserting after the words \u201cspouse\u201d the words \u201c,\nor domestic partner,\u201d;\n(b) in subsection (6), by inserting after the words \u201cspouse\u201d the words \u201c, or\ndomestic partner,\u201d;\n(c)\nby repealing subsection (7) and substituting the following subsection \u2014\n\u201c(7) Upon \u2014\n\nImmigration (Transition) (Amendment) (No.2) Bill, 2020\nClause 16\n\nc\n Introduced\nPage 17\n\n(a)\nthe death of the holder of an Approval-in-Principle Residency\nCertificate (Substantial Business Presence) or a Residency\nCertificate (Substantial Business Presence); or\n(b) the dissolution of the marriage or domestic partnership of the\nholder of an Approval-in-Principle Residency Certificate\n(Substantial Business Presence) or a Residency Certificate\n(Substantial Business Presence),\nthe right of the dependent spouse or domestic partner to reside in the\nIslands shall cease after a period of one year from the date of the\ndeath or the dissolution unless \u2014\n(i)\nthe spouse or domestic partner can demonstrate to the\nsatisfaction of the Director of WORC that he or she can\nsupport himself or herself and any dependent children\nwithout having to become gainfully occupied in the\nIslands; or\n(ii) the holder is granted permission to remain under any other\nprovision of this Law.\u201d;\n(d) by repealing subsection (9) and substituting the following subsection \u2014\n\u201c(9) Where \u2014\n(a)\nthere is a change in the number of children who are dependants\nof the holder of a Certificate issued under this section;\n(b) the holder \u2014\n(i)\nmarries or enters into a domestic partnership;\n(ii) divorces;\n(iii) dissolves a domestic partnership;\nsubsequent to the issue of the Certificate; or\n(c)\nthe holder changes his or her occupation within the business,\nthe holder shall so inform the Director of WORC of the fact and the\nDirector of WORC may amend the Certificate accordingly and\nsubject to such conditions as Director of WORC may, in the\nDirector\u2019s absolute discretion, determine.\u201d; and\n(e)\nin subsection (11)(f), by inserting after the word \u201cspouse\u201d the words \u201cor\ndomestic partner\u201d.\n16.\nAmendment of section 53 - persons exempted\n16. The principal Law is amended in section 53(1)(d) by inserting after the word \u201cspouse\u201d\nthe words \u201cor domestic partner\u201d.\n\nClause 17\nImmigration (Transition) (Amendment) (No.2) Bill, 2020\n\nPage 18\n Introduced\nc\n\n17.\nAmendment of section 58 - consideration of work permit by Board etc.\n17. The principal Law is amended in section 58 as follows \u2014\n (a) in subsection (3)(d), by inserting after the word \u201cspouse\u201d where it twice\nappears the words \u201cor domestic partner\u201d; and\n(b) in subsection (5)(a), by inserting after the word \u201cspouse\u201d the words \u201cor\ndomestic partner\u201d.\n18.\nAmendment of section 63 - grant or refusal of work permit\n18. The principal Law is amended in section 63(10) by inserting after the word \u201cspouse\u201d\nthe words \u201cor domestic partner\u201d.\n19.\nAmendment of section 66 - term limits\n19. The principal Law is amended in section 66 as follows \u2014\n(a)\nby repealing subsection (10) and substituting the following subsection \u2014\n\u201c(10) A person \u2014\n(a)\nwho is married to, or in a domestic partnership with \u2014\n(i)\na worker;\n(ii) a person employed by the Government of the Islands;\n(iii) a person employed by the Government of the United\nKingdom, in the Islands;\n(iv) a person employed by any statutory authority or\nGovernment owned company, the employees of which are\nby law not required to hold work permits; or\n(v) a person who is working by operation of law with the\npermission granted under subsection (4) or (8),\nand whose right to work in the Islands will expire before that of\nhis or her spouse or domestic partner;\n(b) whose marriage is, in the opinion of the Board or the Director\nof WORC, not a marriage of convenience; or\n(c)\nwhose domestic partnership is, in the opinion of the Board or\nthe Director of WORC, not a domestic partnership of\nconvenience;\n(d) who is not living apart from his or her spouse or domestic\npartner under 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 domestic\npartner for an aggregate period of three months out of the\ntwelve months immediately preceding the application for the\ngrant in circumstances which, in the opinion of the Board or the\n\nImmigration (Transition) (Amendment) (No.2) Bill, 2020\nClause \u201c\n\nc\n Introduced\nPage 19\n\nDirector of WORC, have led it to conclude that the marriage or\ndomestic partnership has broken down,\nmay, during the currency of the spouse\u2019s or the domestic partner\u2019s\nwork permit or contract of employment with the Government of the\nIslands or with the Government of the United Kingdom in the Islands\nor in the period during which his or her spouse or domestic partner is\nworking by operation of law with permission granted under\nsubsection (4) or (8), apply for the grant of a work permit or the\nrenewal of an existing work permit; and the Board or the Director of\nWORC may \u2014\n(i)\ngrant the application for a period not exceeding that of the\nspouse\u2019s or domestic partner\u2019s work permit or any renewal\nthereof;\n(ii) grant the application for a period not exceeding that of the\nspouse\u2019s or domestic partner\u2019s contract of employment; or\n(iii) grant the application for a period not exceeding that of the\nperiod for which his or her spouse or domestic partner is\nworking by operation of law or under permission granted under\nsubsection (4) or (8).\u201d;\n(b) by repealing subsection (11) and substituting the following subsection \u2014\n\u201c(11) A person working under subsection (10) whose spouse or domestic\npartner  is granted permanent residence under section 37 and who has\napplied for a Residency and Employment Rights Certificate as the\nspouse or domestic partner of a permanent resident under section\n37(16) will not lose his or her right to work and may continue to be\ngranted work permits until the final determination of his or her\napplication where that application was submitted within ninety days\nof the grant of his or her spouse\u2019s or domestic partner\u2019s permanent\nresidence.\u201d;\n(c)\nin subsection (12), by inserting after the word \u201cspouse\u201d where it twice\nappears the words \u201cor domestic partner\u201d; and\n(d) by repealing subsection (13) and substituting the following subsection \u2014\n\u201c(13) The Board or the Director of WORC, in calculating under subsection\n(10)(d), the period of time that an applicant has spent apart from his\nor her spouse or domestic partner , shall not take into account those\noccasions when either spouse\u2019s or domestic partner\u2019s absences were\nbecause of medical, educational, business, vacation or other\nanalogous circumstances.\u201d.\n\nClause 20\nImmigration (Transition) (Amendment) (No.2) Bill, 2020\n\nPage 20\n Introduced\nc\n\n20.\nAmendment of section 70 - marriages of convenience\n20. The principal Law is amended by repealing section 70 and substituting the following\nsection \u2014\n\n\u201cMarriages and domestic partnerships of convenience\n70. (1) A person who enters into a marriage of convenience or a domestic\npartnership of convenience commits an offence and is liable on\nsummary conviction to a fine of ten thousand dollars and to\nimprisonment for one year.\n(2) If \u2014\n(a)\n a marriage officer has reasonable grounds for suspecting that a\nmarriage will be a marriage of convenience; or\n(b) the Registrar, a Deputy Registrar or a domestic partnership\nofficer has reasonable grounds for suspecting that a domestic\npartnership will be a domestic partnership of convenience,\nand fails to report his or her suspicion to the Director of WORC\nwithout delay and in such form and manner as may be prescribed, the\nmarriage officer, the Registrar, the Deputy Registrar or the domestic\npartnership officer commits an offence.\n(3) Subsection (2) also applies where \u2014\n(a)\na marriage is solemnised in the presence of a marriage officer;\nand\n(b) a domestic partnership is formalised in the presence of the\nRegistrar, a Deputy Registrar or a domestic partnership officer,\nwho, before, during or immediately after solemnisation of the\nmarriage or formalisation of the domestic partnership, has reasonable\ngrounds for suspecting that the marriage or domestic partnership will\nbe, or is, a marriage of convenience or a domestic partnership of\nconvenience.\u201d.\n\nAssented to by the Governor the     day of\n\n, 2020.","akn_extracted_at":"2026-07-18 12:35:39.042162+00","cms_id":"2020-0037","law_type":"bill","year":"2020","number":"37","title":"Immigration (Transition) (Amendment) (No.2) Bill, 2020","status":"bill"},"provenance":{"files":[{"file_id":"7036","expr_id":"2237","kind":"akn_xml","filename":"2020-0037.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/BILLS\/2020\/2020-0037\/2020-0037.akn.xml","content_md5":"41b0a7cb18fe714ff0568fb17ff7f98a","byte_size":"34825","http_last_modified":null,"fetched_at":"2026-07-18 12:35:39.124897+00"},{"file_id":"4473","expr_id":"2237","kind":"pristine_pdf","filename":"2020-0037.pdf","source_url":"\/cms\/images\/LEGISLATION\/BILLS\/2020\/2020-0037\/2020-0037.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/BILLS\/2020\/2020-0037\/2020-0037.pdf","content_md5":"fdadc19e96d2c1c914d0cbdc1e0f82d0","byte_size":"815313","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.309818+00"},{"file_id":"4474","expr_id":"2237","kind":"working_pdf","filename":"2020-0037.pdf","source_url":"\/cms\/images\/LEGISLATION\/BILLS\/2020\/2020-0037\/2020-0037.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/BILLS\/2020\/2020-0037\/2020-0037.pdf","content_md5":"fdadc19e96d2c1c914d0cbdc1e0f82d0","byte_size":"815313","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.309818+00"}],"paragraph_count":13,"latest_history":{"history_id":"270214","change_type":"UPDATE","changed_at":"2026-07-18 00:00:00+00","change_source":"MIGRATION_027","change_reason":"CMS-id-collision audit 2026-07-18: title corrected from the document's own PDF and\/or the (law_type, cms_id)-keyed official legislation.gov.ky listing."}},"quality":{"expr_id":"2237","doc_id":"2237","quality_state":"known_issue","quality_score":"47","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\": 1, \"high\": 1, \"medium\": 2}","finding_summary":"stored title is not visible in the opening extracted text; repeated line furniture detected: cayman islands x3; introduced x19; immigration transition amendment no 2 bill 2020 x18","assessed_at":"2026-06-22 15:29:46.538847+00","updated_at":"2026-06-22 15:29:46.538847+00"}}