s.33Loss of Residency and Employment Rights Certificate
33
Section 33Part 4 — Permanent Residence and Extended Residence Categories

Loss of Residency and Employment Rights Certificate

←→ Navigate  ·  Click subsection badges to collapse  ·  Press ? for help

Subject to subsection (2), the holder of a Residency and Employment Rights Certificate who is the spouse of a Caymanian or has obtained a Residency and Employment Rights Certificate as a result of his marriage to the holder of a Residency and Employment Rights Certificate under section 30(16) or any other earlier analogous provision, shall forfeit his rights under that Certificate if —
he falls within any of the provisions of section 38;
his spouse ceases to be a Caymanian or to be a Residency and Employment Rights Certificate holder;
within ten years of the marriage, it is dissolved or annulled;
he ceases to be legally and ordinarily resident in the Islands; or
he and his spouse are living apart —
under a decree of a competent court;
under a deed of separation; or
in circumstances where, in the opinion of the Board, the marriage has irretrievably broken down.
The holder of a Residency and Employment Rights Certificate who is or was the spouse of a Caymanian and who is the parent of a Caymanian child may apply to the Board or the Chief Immigration Officer for a continuation of the Residency and Employment Rights Certificate —
until the child reaches the age of eighteen years; or
where the child is enrolled in tertiary education, until he completes his education or has reached the age of twenty-four years, whichever happens earlier.
Where the holder of a Residency and Employment Rights Certificate is the surviving spouse of a Caymanian, he shall be allowed to make representations to the Board or the Chief Immigration Officer on his own behalf following which the Board or the Chief Immigration Officer may, in its or his discretion —
revoke the Certificate; or
allow the continuation of the Certificate.
Where the Board or the Chief Immigration Officer revokes a Certificate under subsection (3) the previous holder shall —
if he has applied for a work permit, be entitled to work by operation of law on the same terms and conditions as applied to his previous Residency and Employment Rights Certificate; or
if he has applied for the grant of permanent residence under Part IV, be entitled to apply to the Chief Immigration Officer under section 52(4) for permission to continue working under the provisions of that section,
until the outcome of the application for a work permit or for permanent residence and any subsequent appeal, but in the case of paragraph (b) before doing so he shall comply with the requirements of section 52(6).

Cross References