Relief may be on the horizon for Cuban couple Javier Freites and his wife, Erica Alvarez-Freites, as government moves to remedy their plight.
Customs and Border Control, which falls under Premier Alden McLaughlin’s portfolio, said Thursday that it was aware of the circumstances pertaining to Alvarez-Freites, what action has already been taken to assist her, and the solutions the couple is seeking.
“While the option to obtain employment through a work permit exists for Mrs Alvarez-Freites, the Government is also actively considering alternate options under the current legal framework that would facilitate her request to remain and work in the country with her family,” the statement, which was issued in response to queries from the Cayman Compass, said.
The Cuban couple has been protesting outside the Government Administration Building on Elgin Avenue for their marriage to be recognised and for Alvarez-Freites to be granted residency and employment rights. At the same time, other Cuban asylum seekers have been participating in the demonstration seeking similar redress.
The couple told the Compass Thursday no one has met with them since they started their protest outside of government’s headquarters.
However, the CBC has since spoken to the couple on the issue and they have said they will continue on with their protest.
Alvarez-Freites said daily they are being subjected to verbal abuse as they make their plea for assistance, but they will continue to draw attention to the issue.
The couple, who has a 10-month-old baby, has been sleeping outside the building as part of their protest.
However, the CBC, in its statement, said it has had discussions with them in the past “and has advised that any changes in the law would require some time for the Cabinet and Parliament to consider”.
The department added that as with other persons who are seeking, or who have been granted, asylum, the government continues to provide financial support in the form of rental and utilities assistance and, in some cases, food vouchers as well, and the couple continues to benefit from that programme.
The Cayman Compass has been highlighting the plight of these asylum seekers and the gap in the wording of Cayman’s asylum provision, section 111(3), of the Customs and Border Control Law, 2018, which omits extending protections to the spouse of a grantee.
This section allows successful asylum applicants to add to their status a dependent child under the age of 18 who is already present on island. However, the section does not include mention of a spouse, a legal issue that Customs and Border Control has been aware of for more than a year.
As a result, at least three Cuban adults, including Freites, who successfully petitioned for asylum in Cayman, have been denied the ability to add a spouse as a dependent to their immigration status.
While government is looking at a temporary fix for Alvarez-Freites’ work and residency issue, CBC said in the statement that a more long-term solution for asylum seekers is in the pipeline.
“The Government will review and consider legislative amendments and will advise when the amendments are agreed,” it said.
The Compass has been told that the Humans Rights Commission is also being kept up to date regarding the situation.
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