Naturalisation as a British Overseas Territories Citizen (BOTC) in the Cayman Islands

If you are a Permanent Resident (PR) of the Cayman Islands and not married to a Caymanian, naturalisation as a British Overseas Territories Citizen (BOTC) is a critical step toward obtaining Caymanian Status. This process, governed by the British Nationality Act, allows eligible individuals to apply based on their connection to the Cayman Islands. Below is a detailed breakdown of the requirements, process, and implications of naturalisation in the Cayman Islands.

Eligibility for Naturalisation

To apply for naturalisation as a BOTC in the Cayman Islands, you must meet the following
criteria:

• Have held Permanent Residency (PR) for at least 12 months.
• Have lived in the Cayman Islands for a minimum of five years.

Application Requirements

The naturalisation application must be submitted to the Deputy Governor’s Office and include
the following documents and fees:

1. Proof of Permanent Residency:
   • PR approval letter
   • PR certificate
2. Identity and Personal Information:
   • Birth certificate.
   • Passport identification page.
   • Passport-sized full-face photograph.
   • Marriage certificate (if applicable) and spouse’s birth certificate.
3. Proof of Residency:
   • Current job letter.
   • Travel history from WORC/CBC for the last five years.
4. Police Clearance:
   • A current police record.
5. Applicant Consent Form
6. Applicant Declaration Form
7. References

Fees:

1. Adults: CI$825.
2. Children under 18: CI$450 (children may be registered as BOTCs upon a successful application).

Certification:

• ALL required documents must be certified/notarised copies.

Physical Presence Rules

The physical presence requirements under the British Nationality Act differ from those under
Cayman Islands Immigration Law. Adherence to these rules is crucial:

1. Residency Grounds:
   • You must not have been absent from the Cayman Islands for more than:
     • 90 days in any one year.
     • 540 days in total over the preceding five years.
2. Marriage Grounds:
   • If applying on the basis of marriage to a BOTC, you must not have been absent
     from the Cayman Islands for more than:
     • 270 days in total over the preceding three years.

Naturalisation for Spouses of BOTCs

If you are married to a Caymanian or a BOTC Permanent Resident, you may apply for
naturalisation based on marriage. Eligibility requirements include:

• Residency Requirement: You must have been resident in the Cayman Islands for at least three years.
• Application Timing: You can apply 12 months after your RERC (Residency and Employment Rights Certificate) is approved.

What Naturalisation Grants and Does Not Grant

Entitlements:

• Cayman Islands Passport: Naturalisation allows you to obtain a Cayman Islands passport as a BOTC.
• Pathway to Caymanian Status: Naturalisation may enable you to apply for Caymanian Status based on residency, provided you remain legally and ordinarily resident in the Islands.

Limitations:

• Not Caymanian Status: Naturalisation does not make you a Caymanian (i.e., it does not grant the Right to be Caymanian or Status).
• No Automatic Right to Work or Reside: It does not confer an automatic right to work or reside in the Cayman Islands.
• PR Fees: You must continue paying annual PR-related work fees after naturalisation unless married to a Caymanian.

Naturalisation vs. Registration for Children

• Naturalisation applies to adults.
• Registration is the equivalent process for children. Eligibility for registration depends on factors such as:
  • The child’s age.
  • Immigration status of the parents.
  • The child’s place of birth.

Clarifying Common Misunderstandings

It is important to distinguish between naturalisation, registration, and Caymanian Status:

1. Cayman Islands Passport: A travel document that confirms BOTC status but does not
   confer Caymanian Status.

1. Naturalisation or Registration: Grants BOTC status, allowing for a Cayman Islands
   passport, but does not make the holder Caymanian.
2. Caymanian Status: The legal right to be Caymanian, a distinct status tied to immigration
   rights, and not all Caymanians are BOTCs.
   For example, some individuals hold Cayman Islands passports as BOTCs but are not Caymanian.
   Conversely, many Caymanians are not BOTCs and thus are not entitled to hold a Cayman
   Islands passport.

Final Considerations

Naturalisation is a significant step toward acquiring full residency and rights in the Cayman Islands. However, it is essential to understand the limitations and ongoing obligations, such as PR fees, after naturalisation. The process also requires careful preparation to meet the legal requirements for physical presence, documentation, and fees.

For assistance with your application or further clarification, consult with a legal professional or
immigration advisor familiar with Cayman Islands law.