Section 27Part 3 — Provisions Relating to Caymanians
Loss of right to be Caymanian
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27. (1) The right to be Caymanian granted by the Board may be lost —
where the holder has supplied false or misleading information in a material particular, to the Board;
where the holder has ordinarily resided outside the Islands for a period of five years and can no longer be said to be settled in the Islands;
where the marriage of the holder, being the spouse of a Caymanian, is deemed by the Board to have been a marriage of convenience; or
where within three years of the grant to the spouse of a Caymanian of the right to be Caymanian under this or any earlier Law, the marriage of the holder —
in the opinion of the Board or the Chief Immigration Officer has broken down; of a decree of a competent court or a deed of separation; or Immigration Law (2015 Revision) Section 28 c Revised as at 2nd day of July, 2015 Page 35
has declined to the point where the parties have separated as a result
no longer subsists.
The holder of the right to be Caymanian by entitlement under this Law or under any analogous provision in an earlier law —
may lose that right where he has not been legally and ordinarily resident in the Islands for a period of seven years immediately before reaching the age of eighteen years; and
shall notify the Chief Immigration Officer forthwith of the relevant circumstances involving his legal and ordinary residence in the Islands and wilful failure to do so is an offence.
The Board may, by order, divest any person who has been granted the right to be Caymanian under section 22, or Caymanian status under any earlier law, of such right or status if it is satisfied that the grant was obtained by means of fraud, false representation or the concealment of any material fact; and with respect to such order —
the Board shall, by notice, inform the person affected, of the order and of his right to appeal to the Immigration Appeals Tribunal as hereinafter provided;
if the person affected is aggrieved by the order, he may, subject to section 15, appeal to the Immigration Appeals Tribunal against the order; and
in the event of there being no appeal or if an appeal is disallowed, the Board shall notify the Chief Immigration Officer of the order and shall cause notice thereof to be published in the Gazette.
Any person who, having possessed the right to be Caymanian, ceases by virtue of subsections (1) to (3) to possess or to be deemed to possess the right to be Caymanian shall, for the purposes of this Law, be treated as if he had never acquired, possessed or enjoyed the right to be Caymanian and the provisions of this Law shall thenceforward apply and have effect accordingly.
Nothing in subsections (1) to (4) shall have effect so as to preclude a person who has, by virtue of such subsections, ceased to possess the right to be Caymanian from applying to the Board for the grant of that right under section 22.