Tier 1 and job offer in Guernsey

[Oriental]

I've a tier 1 valid until 2013 but never travelled to UK. Now I've a job offer in Guernsey. My understanding is I can work in Guernsey on UK tier 1 but Guernsey is not a part of UK so the question arises:

1.Will I be allowed to renew tier 1 in 2013 while living and working in Guernsey?
2. If yes and I complete 5 years in Guernsey will I get UK ILR under the current rules?
3. Can I take a job in UK if I want to switch after working for some time in Guernsey on my current tier 1?

Your replies will be very helpful since I tried searching the forum and google but couldn't get any insight.

Thanks

[vinny]

Probably no.

The Channel Islands (Jersey, Guernsey, Herm, Sark and Alderney) and the Isle of Man are separate from the UK, and have their own immigration laws and policies...

[vinny]

Correction: Perhaps Yes!

Indefinite Leave to Remain: Time in Guernsey

Posted on 30 May 2010

The UK Border Agency has been accused of inconsistency in their approach towards Guernsey work permits. The issue came out after numerous applications for Indefinite Leave to Remain, where applicants relied on the time spent in the Bailiwick of Guernsey in order to show 5 years continuous residence in the UK.

Numerous applicants obtained their work permits to work in Guernsey and subsequently moved to the United Kingdom, having first obtained permission to work in the UK. According to the Immigration Rules an applicant must have accumulated 5 years of continuous residence in the UK in order to be eligible for Indefinite Leave to Remain. Some applicants switched into a different category after arrival in the UK, for example into a Highly Skilled Migrant Programme, others obtained work permits for employers in the UK. The Immigration Rules further prescribe that 5 years of continuous residence in the UK must have been spent in a combination of any of the categories under specific Immigration Rules.

Some of the decisions of the UK Border Agency concentrate on the fact that a work permit in Guernsey was not under the Immigration Rules, and therefore time spent there cannot be counted towards 5 years continuous residence in the UK. We stress the word “someâ€

[samadkashan]

Hi - I have myself had personal experience of having worked in Guernsey and having UK visas and ILR so I can give you advice from personal experience.
This is a very compliacted area and something that I'm planning challenging UKBA on. However UKBA's stance so far is that time spent in Guernsey does not count for ILR.
#2 - Legally you can not work in Guernsey on a UK Tier 1 - although nobody checks. To work in Guernsey you have to have their work/housing permit - the stamp on your passport might be a UK one (as Guernsey does not have an embassy) but there will be an additional piece of paper which will serve as your right to work in Guernsey - also if you do not have that you will not have access to the local housing, but something called "Open Market" which is much more expansive (to rent or buy) as compared to local market.
#3 - my advice will be for you to get Guernsey work permit - it is easy for employers over there to get sponsorship - spend 3 or 4 years over there (as you are not allowed to stay more than that unless you are a very high profile employee and very unlikely if you are not white) and then move to Jersey (another Channel Island) because they will accept your time spent in Guernsey for ILR - get ILR from Jersey (not UKBA), and then you can decide whether you want to be in Jersey or come to UK
#4 Very weirdly, according to the UKBA (UKBA is the immigration office for England, Scotland, Wales and Northern Ireland), the time spent in Channel Islands does not count for ILR but it does count for Nationality (but the trick is that you can not have nationality unless you have had ILR for 1 year (I know it is crazy).