Immigrationboards.com

Hi,

I have been working in Jersey, Channel Islands for the past 2 years.
My question is if I move to UK, will my stay of 2 yrs in Jersey be counted towards the 5 yrs continuous stay rule for ILR purposes.

Thanks,
Jerseyguy

Hi,

Did you get an answer to this? I was interested as well, being offered a job there.

Anyone?

Thank you.

Jerseyguy wrote:Hi,

I have been working in Jersey, Channel Islands for the past 2 years.
My question is if I move to UK, will my stay of 2 yrs in Jersey be counted towards the 5 yrs continuous stay rule for ILR purposes.

Thanks,
Jerseyguy

On what basis have you been living and working in Jersey ?

I have a 3 year work permit from the Jersey immigration authority.

The Channel Islands are not part of the UK but under the british nationality act, they are treated as if they were.
So you will be able to count your time there towards the 5 years

Thanks for the reply fhumbert

I am aware that under the British Nationality Act, time of stay in Channel Islands is counted as being in UK for the purpose of nationality. However, the Immigration rules say differently and do not recognise time of stay in the Channel islands for the purpose of computing 5 years continuous stay for granting ILR. I believe the rules on this are not very clear and I have heard of people who have had success in getting their time of stay in Jersey counted towards the 5 year rule. However, it comes down to the interpretation of the case officer and if they go strictly by the Immigration Rules, the application can be rejected and an appeals process will have to be followed. It is clear that the RULES cannot override the provisions of the British Nationality ACT, but there seems to be no clear policy followed by the case officers.

It would be good to hear a response from someone who has been through this process and can provide an insight on the definitive stand taken by the UKBA.

Cheers
Jerseyguy

See also Tier 1 and job offer in Guernsey.

Thanks for the reply vinny

Jersey Guy

I lived in Guernsey for 1 year and 3 months, then i came to UK on work permit plus HSMP plus Tier 1.

After 5 years *including CI time) i applied for ILR through Named OISC advisors, who ensured me that stay in guernsey counts. I paid 2500 in costs just to find out that the appliaction was refused.

The home office however did counted the period that was covered by the UK high commision visa stamp (you get leave to remain for a year or two when you initially come to guernsey).

Any extentions made in guernsey or jersey are not acceptable.

Having said that, I know number of people who got even jersey / guernsey stamps accepted.

Moral of the story, it depends upon the person who is reviewing your case and also upon your luck.

BTW i am currently going for a judicial reiew on my own but i am not sure if i can do that myself or need a barister.

Mohdq, any progress on your case?

Any update on your case Mohdq?