Workforce Opportunities and Residency Cayman has said 114 suspected ‘sham’ marriages are being looked into following investigations into 175 marriage reports received since the start of the year.
In a statement issued Tuesday afternoon, WORC said its Compliance and Enforcement Unit found those 114 cases resulted in “adverse findings” which prompted further investigation.
“Twenty five cases remain pending investigations, 20 Residency and Employment Rights Certificates (RERC) certificates were refused, 12 forfeited and 5 mindful to revoke,” it said in a statement.
This comes as the department recently hosted a workshop educating 43 marriage officers on “identifying marriages and civil partnerships of convenience”.
Caymanian ‘birthright’
Deputy Premier and Minister for Border Control and Labour Chris Saunders, through the statement, said he was pleased to see these kinds of workshops being conducted.
“It is important that marriage officers be educated on how to identify the fraudulent practice of entering into a marriage or civil partnership of convenience, in order that they do not become unwittingly implicated. In my view, it is disappointing that so many people seek to circumvent our immigration regulations by entering into a sham marriage. It is making a mockery of the institution of marriage, which should not be entered into lightly as it has formed the traditional foundation of family life in our society,” Saunders said.
The statement said that statistics provided by Judicial Administration show that since 2016 marriage and divorce rates in the Cayman Islands have increased. In 2016, there were 150 divorces and 493 marriages, while in 2021 there were 266 divorces and 655 marriages (excluding tourist weddings).
WORC is already taking a more circumspect look at work-permit and permanent-residency applications as it moves to crack down on anyone suspected of taking advantage of the system.
Last month WORC said a total of 78 work-permit-related offences were recorded between the first and third quarters of 2022, resulting in $273,170 in administrative fines being levied on companies and individuals.
Saunders, addressing the issue of marriages of convenience, said he understood that desperate people will take these kinds of steps.
However, he said, “Caymanians need to recognize the value of their birthright and not give it away by entering into such false marriage arrangements. It may not seem like a big deal in the moment, but it is an illegal and immoral practice with potentially far reaching and long lasting effects, including potential criminal prosecution.”
WORC Compliance and Enforcement Unit statistics
175 marriage reports made
114 investigated marriage reports to the board
36 investigations currently assigned
25 investigations pending
Of the 114 suspected marriages of convenience:
Waiting to be scheduled – 60
Refusals – 20
Approvals – 15
Forfeit – 12
Continued – 2
Mindful to revoke – 5
During the workshop, a ‘red flag’ checklist was provided for officers to consider before marrying or entering foreign nationals in civil partnerships to Caymanians, the statement said, adding, “since the roll out of this checklist and the workshop, marriage officers have refused marriage applications”.
The Cayman Compass requested a copy of the checklist, however WORC declined saying it will reveal some of the tactics the officers use to investigate suspected cases.
What the law says
Under the Immigration (Transition) Act 2021, a marriage or civil partnership of convenience is defined as one that is entered into with the primary intention of avoiding, or benefiting from, any of the provisions of the Marriage Act. Anyone convicted of this offence may be liable to a fine of $10,000 and imprisonment for one year.
The act also states that any marriage officer who fails to report his or her suspicion about a marriage of convenience to the director of WORC commits an offence.
Common scenarios for these marriages include individuals reaching their term limit for remaining in the Islands; having a work permit refused; having a final extension to remain issued by Customs and Border Control; loss of immigration-related appeals; and denial of permanent residency or Caymanian status.
“Suspicious marriages and civil partnerships usually take place shortly before or after the various possible means of remaining in the Cayman Islands have been exhausted. Some people have also been found to attempt marriages or civil partnerships of convenience during situations of pending bail, court proceedings or character complaints,” the statement added.
In some cases, the Caymanian spouses willingly participate in such ‘sham’ marriages due to the promise of financial benefit, it said.
Individuals or marriage officers who suspect a marriage or civil partnership of convenience has either occurred or will occur can make an anonymous complaint to WORC online at www.worc.ky by clicking on the ‘Complaints’ tab or via email at [email protected]
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