Whilst the Cayman Islands are British, the Caymanian people are (today) not necessarily British. If you are a British Overseas Territories Citizen you may be entitled to apply to become a British Citizen and if successful, to apply for a British Passport. Nick Joseph of Reside Cayman explains the process.
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Following the passage of the British Overseas Territories Act 2002 anyone who was a BOTC on 21st May 2002 automatically became a full British Citizen. The UK thereby effectively returned to most Caymanians the rights that Caymanians (who were always British) had previously held until 1983. Before 1949 Caymanians were British Subjects. From 1949 until 1982 Caymanians were Citizens of the United Kingdom and Colonies. From 1983 to 2002 Caymanians were British Dependant Territories Citizens, and since 2002 Caymanians are all supposed to be (often amongst other citizenships) British Overseas Territories Citizens.
But in 2003, the Cabinet of the Cayman Islands Government distributed Caymanian status to many, including a large number who were neither British nor even BOTCs. In doing so, some of the inherent expectations placed on those becoming Caymanian appear to have been 'overlooked'. Amongst these was any adherence to expectations that persons becoming Caymanian were, at some level, British.
Those foreign nationals who married (or were already married) to some of those newly minted Caymanians were able to become Caymanian with relative ease, and their already born children often became Caymanian 'by entitlement' almost automatically, again, without any reference to their citizenship.
The result is that today there are thousands of Caymanians with no BOTC or British citizenship. Large numbers were ultimately able to seek and acquire Naturalisation (or, if children, Registration) as BOTCs, and many, who were not criminals and genuinely lived in Cayman, were granted such citizenship.
Now, some of those same Caymanians, or their spouses and children, seek to study, live, and/or work in the UK. Sometimes, this is because of a scholarship afforded to them by the Cayman Government. Other times, it's to work for a Cayman-operating company or even in Government Service. But they cannot—not without a visa or entitlement to a British passport.
Which is fine. The British control their immigration regime. In Cayman, we control our own. Although, much like the British, we are seemingly not always very good at it!
So, how does a Caymanian (or Permanent Resident of the Cayman Islands) who is not already a British citizen (and was not a BOTC on May 1st, 2002) receive a British passport? Well, first they have to become a British citizen.
If they are at least a British Overseas Territory Citizen (and therefore eligible to hold a BOTC passport), the process available is to apply for Registration as a British Citizen under section 4 of the British Overseas Territories Act 2002, which has been inserted as a new section, 4A, into the 1981 British Nationality Act that allows the Secretary of State of the United Kingdom discretion to register a BOTC as a British citizen.
Many people have moved to the Cayman Islands or otherwise acquired BOTC status through Naturalisation or Registration after 21st May 2002. They accordingly have no automatic entitlement to be British by virtue of their connection with the Cayman Islands — but they can apply.
Applicants for British citizenship who are already a BOTC must provide evidence that they are a BOTC such as their passport and Naturalisation or Registration certificate.
Applicants must also be of good character and enrol biometric details. Their application must be endorsed by two referees, at least one of whom must hold a full British passport.
The United Kingdom aims to conclude applications within 6 to 12 months of the date of receipt of an application.
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Why having a British Passport is Important for Caymanian Students Wanting to Study Abroad
The Cayman Islands have very good schools, but it is commonly acknowledged that there are not enough spaces in Years 12 and 13 (Grades 11 and 12 in the US system) for all students to take the IB and A Levels. So for the last two years of high school, many students leave Cayman to study abroad, but the cost to access a boarding school overseas is often prohibitive.
This, however, is changing, as British Overseas Territory Citizen (BOTC) children can access state boarding schools in the UK. In addition, the annual cost is often no more than the scholarship amount that the Ministry of Education awards all Caymanians who qualify to go to Cayman Prep & High School and St. Ignatius School to do their two-year A Level courses. Plus, it ticks the box of getting exposure to an overseas education before your child leaves for university. However, the only caveat is that all BOTCs must apply for a British passport.
Becoming a British Overseas Territories Citizen by Virtue of a Connection to the Cayman Islands
Those who are not already BOTCs and seek to apply to become British through their residence in the Cayman Islands must first apply for Naturalisation or Registration as a British Overseas Territories Citizen by virtue of a connection with the Cayman Islands. Such an application should be made to the Office of the Deputy Governor. Strict criteria are applied to the application process, including (in most instances) the length and consistency of residence in the Cayman Islands.
Persons who are eligible to apply to become British Overseas Territories Citizens include:
- Anyone who was born in Cayman and is still here on their 10th birthday (Registration by Entitlement).
- Anyone who is Caymanian or a Permanent Resident with no expiry date on their permission, who is not already a BOTC, and has lived in Cayman for at least five years, with at least one of those years being subsequent to them becoming a Caymanian or Permanent Resident (Naturalisation on Grounds of Residence).
- Anyone who is married to a BOTC and has been resident in Cayman for at least three years (Naturalisation on the Grounds of Marriage).
- Any child (under the age of 17) who was born in the Islands, resides in the Islands, and whose parent has become settled (i.e. granted Permanent Residence or the Right to be Caymanian) (Registration).
- Any child (under the age of 17) of a person holding British Overseas Territory Citizenship (Registration).
The fee for an application for Naturalisation as a BOTC is CI$825, and for Registration as a BOTC is CI$450.
Anyone born in Cayman to a BOTC parent, or to a parent who is Caymanian or a Permanent Resident (without regard to the citizenship of that parent) is automatically a BOTC from birth.
British Overseas Territory Citizens Seeking to Become British Citizens
Persons who are already a BOTC and are not already full British Citizens/became a BOT after 21st May, 2002, may apply for Registration as a full British Citizen. In order to do so a UK Home Office B(OTA) form (printed in colour and filled in using black ink) must be used. Application can be submitted, with supporting documents, to the Office of the Deputy Governor and placed in the Drop Box on the 1st Floor of the Government Administration Building.
Supporting documents are expected to include evidence of BOT Citizenship (such as a BOT Passport/Certificate of Naturalisation or Registration). Two referees (each of whom have known the applicant for at least three years) are required to support any application. One must be a Professional Person (but can be of any nationality) and one must hold a full British passport and be either a Professional Person or over the age of 25.
Applicants are expected to be 'of good character'.
The required application fees to be submitted with an application for Registration as a British Citizen based on being a British Overseas Territory Citizen are CI$200 and £1,351.
Applicants can make an application directly through the Office of the Deputy Governor https://online.odg.gov.ky, or through one of the agencies providing Immigration Services in the Cayman Islands.
This article was written by Nick Joseph of Reside Cayman. Nick is a leading immigration lawyer in the Cayman Islands and was a partner for almost 20 years at two major offshore law firms in the Cayman Islands before founding Reside Cayman. He now specialises in residency and immigration issues, with an emphasis on relocation advice.