Government is moving forward on legal amendments aimed at weeding out people in ‘sham’ marriages and cracking down on marriage officials who facilitate them.
In its 28 May meeting, Cabinet approved the drafting of the new Immigration (Arrangements of Convenience) Regulations 2024, which will also empower Workforce Opportunities and Residency Cayman to take action against those abusing the immigration system.
“These new regulations will ultimately serve to enhance WORC’s prosecution capabilities against officials who fail to report suspicions, which is presently challenging due to the absence of prescribed reporting procedures,” the Ministry of Border Control told the Cayman Compass in response to queries on the regulations.
Sham marriages, the ministry said, are marriages/civil partnerships “entered into for the primary purpose of circumventing immigration laws or obtaining other benefits”.
The introduction of the regulations, it added, will be “a decisive move to strengthen the integrity of marital/civil partnerships unions”.
“By introducing these measures, we aim to ensure that marriages/civil partnerships are based on genuine relationships and not exploited for convenience,” Minister of Border Control, Labour & Culture Dwayne Seymour said in the statement.
Longstanding problem
Last year Deputy Governor Franz Manderson called on Caymanians to stop “selling” their birthright as he bemoaned the rise in sham marriages.
He warned couples in these marriages to “go to the court and file for divorce before we get you”, as WORC continues to crack down on immigration-related marriages of convenience.
In 2023, Manderson said he had received 930 naturalisation applications, 257 of which were through marriage.
“Cursory checks have uncovered cases of concern,” he said as he addressed the matter in Parliament in December.
Currently, the Marriage Act (2010 Revision) and Civil Partnership Act (2020) lack explicit provisions addressing arrangements of convenience, the Ministry of Border Control statement said.
The looming regulations should address these gaps, however.
“The new legislation will empower officials to scrutinize intended marriages/civil partnerships more rigorously. This will be achieved by mandating the collection of additional information from persons intending to marry, ensuring that all unions are entered into with genuine intent,” the statement said.
Closer scrutiny, clearer rules
The WORC department has been actively pursuing investigations into couples seeking to take advantage of the existing gaps in the system.
The new regulations, the ministry statement said, will enhance WORC’s ability to “swiftly respond to reports of suspicion”.
“The streamlined process will enable more efficient handling of cases, ensuring that genuine marriages are protected while preventing abuse,” it said.
In 2022, WORC investigated 114 suspected sham marriages.
Cabinet’s approval of specific regulations to address these marriages, the statement said, is just the beginning of the legislative drafting process, which will involve “thorough consultation” with relevant stakeholders and the public.
The proposed legislative changes will also establish a clear legal framework for officials to report any suspicions that may arise during their interactions with couples in question.
“This aims to ensure that any potential concerns are documented and addressed in a timely manner,” it said, adding that a standardised reporting system will also be implemented.
This, it said, will be to “ensure consistency and reliability” and will facilitate uniformity across all reports and enhance the effectiveness of the response.
The proposed changes also aim to clarify the prescribed form and manner for reporting suspicions.
“By defining clear guidelines, the new regulations will provide officials with the necessary tools to act appropriately,” the ministry added.
Describing the regulations as a “a landmark decision”, the statement said this move underscores government’s commitment “to ensuring that marriages/civil partnerships are entered into sincerely and not exploited for ulterior motives”.
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