CITIZENSHIP PROCESS CLARIFIED

CITIZENSHIP PROCESS CLARIFIED IN UPDATED IMMIGRATION AMENDMENT

One of the key issues coming out of last week’s passage of the Immigration (Transition) (Amendment and Validation) Bill 2026 was the provision regularising the citizenship of some persons born in the Cayman Islands but whose immigration status has remained uncertain.

While much time was devoted to debating parliamentary processes to expedite the legislation as an urgent matter outside the standard timeframe, the sensitive status issue overshadowed many of the other issues raised.

As outlined by Hon. Minister for Immigration, Michael Myles of the National Coalition for Caymanians (NCFC) government, the March amendments, which come shortly after the previous changes to the law last December, contain critical amendments impacting the issue of citizenship.

Stating that the new changes are ‘“scheduled to go live on or around April 1st 2026”, Min. Myles added that “additional legislative considerations were the main drivers of the delay in implementation which are being addressed (in the amendments).

According to the Immigration Minister, “The amendment does not open the gates to new applicants, nor does it broaden the criteria for who may apply. What it does - and only what it does - is to ensure that those persons who had already made an application at the time this amendment commences are properly afforded the benefit of the existing 15-year qualifying period rather than being inadvertently being swept into the new 20-year timeline. Mr Myles said it was a matter of fairness and honouring the reasonable expectations of those who had already lawfully set their foot upon the path.

In a statement published prior to last week’s meeting, the government had referred to the new ‘provision that ‘automatically deems persons to be Caymanian, without the need to apply to the Director of WORC, if they were born in the Cayman Islands on or before 26 March 1977.”

What is widely regarded as a ‘vexing issue’ according to the statement, was reflected in the sitting meeting during which Hon. Premier Andre Ebanks stressed the need to bypass standard procedures given the urgency of the issue.

“We have over 1600 Caymanians who are in this bind. This is too urgent to delay,” he declared. “We have to get on with it...so let's get done what we can and come back to scope the rest later. And for those in the House to try to complete this debate, I've already conferred with the Minister for Caymanian Employment (Myles). Let's get on with it. Enough is enough.”

The Premier was responding to remarks by Hon. Deputy Leader of the Opposition, Kenneth Bryan, who had challenged the rapid pace at which the government was pushing through the additional changes.

“The resulting urgency that they call it, is not a product of external crisis. It is internal inefficiencies. If we allow preparation to constitute urgency, we are effectively granting the Executive the power to switch off the public scrutiny that is necessary whenever they find it more convenient for them. This is a very bad and potentially dangerous precedent being set,” Mr Bryan argued.

While the amendments were subsequently adopted in wide cross-party support, the debate reflected the depth of concern, as is evident in this snapshot of the impassioned submissions made during the debate.

Hon. Parliamentary Secretary Julie Hunter, MP for West Bay West: “The law must reflect reality, and the reality is that those born here during that constitutional period are Caymanian by right, not by discretion, not by favour, but by law...Certainty restores dignity, and that is one of the things that we are trying to do with this law; trying to restore the dignity to generational Caymanians who somehow feel that they don't have a place in their own country. Some of us refer to them as ‘nowhererians’.”

Hon. Minister for Youth, Sports, Culture and Heritage, Social Development and Innovation, Isaac Rankine, has been at the forefront of an electronic identity card system, which also includes proof of Caymanian status. “I envision a Cayman where every child's immigration status is confirmed at or shortly after birth. Where every Caymanian voter is recognised within immigration records; a single reliable source of truth on immigration statuses that supports government decision-making, and that no Caymanian is ever again required to repeatedly prove that they belong in a country of their birth and in their heritage.”

Hon. Independent opposition MP for Bodden Town East, Dwayne Seymour, previously had to deal with the issue when he served as immigration minister: “Far, far too long to speak of, many Caymanians - who believe they are Caymanians - never had any rights in this country and couldn't be confirmed as Caymanians. Considered as ghosts, as many have said. I am happy that finally, the NCFC could agree to move forward with this amendment and validation.”

Addressing the technical details of the amendment, Hon. Deputy Governor Franz Manderson, said the change was necessary as it provides overdue clarity. “I think the transitional provisions are correct. It is consistent with what we did with previous legislation. And it's not opening the floodgates or making it easier. The people who put their applications in are simply being judged by the rules which were applicable at the time they submitted their application.”

Hon. Attorney General, Samuel Bulgin, summed up the objectives of the new amendment, saying: “What is being debated here is not creating any new rights. The law already says these people are entitled. What this piece of legislation is trying to do is remove what I call inconvenience.”

By Staff Writer