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Moving to Guernsey

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, Zimba

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nemerkh
Member
Posts: 172
Joined: Thu Apr 18, 2013 7:52 pm

Moving to Guernsey

Post by nemerkh » Wed Sep 21, 2016 4:52 pm

Hello gurus and experts. After some advice please.
I am a nonEU family member of an EU citizen we are currently on our 2nd eea1/2. Next year my son will turn 10 years uk born.
We are due to reapply for PR august 2017.
I have received a very nice job offer in Guernsey. I have read a lot but cant get my head round their immigration laws. In the eyes of the home office, is it considered to be a separate country? In other words if we move there can we carry on our status as per normal UK or will we lose all what we achieved status wise in the UK?
Thanks folks.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Moving to Guernsey

Post by noajthan » Wed Sep 21, 2016 5:08 pm

nemerkh wrote:Hello gurus and experts. After some advice please.
I am a nonEU family member of an EU citizen we are currently on our 2nd eea1/2. Next year my son will turn 10 years uk born.
We are due to reapply for PR august 2017.
I have received a very nice job offer in Guernsey. I have read a lot but cant get my head round their immigration laws. In the eyes of the home office, is it considered to be a separate country? In other words if we move there can we carry on our status as per normal UK or will we lose all what we achieved status wise in the UK?
Thanks folks.
Interesting question.
... an EEA national undertaking an activity in the Isle of Man or Channel Islands that would constitute exercising a Treaty right under Community law is not considered to be exercising a treaty right by virtue of the Islands not being part of the EU or the EEA
See https://www.whatdotheyknow.com/request/ ... ndents.pdf
All that is gold does not glitter; Not all those who wander are lost. E&OE.

secret.simon
Moderator
Posts: 7837
Joined: Thu Feb 21, 2013 9:29 pm

Re: Moving to Guernsey

Post by secret.simon » Wed Sep 21, 2016 5:44 pm

The Channel Islands and the Isle of Man are not part of the EU for any purpose other than trade in goods. Therefore EEA citizens do not have a right to settle in the Channel Islands and nor can they exercise treaty rights in the Channel Islands.

That being said, the Immigration (Bailiwick of Guernsey) Rules, 2008 make provisions for very similar treatment to the UK for EEA Citizens and their family members. The crucial difference is that as the Channel Islands are not a part of the EEA for freedom of movement purposes, the various applications (Family Permit, residence vignette, etc) are grants, as under the UK Immigration Rules and are not a matter of right, as with the EEA Regulations.

As it is not a part of the EU for freedom of movement purposes, if you moved to the Channel Islands, your PR clock will stop and will reset when you return (assuming no Brexit).

If you were to complete five years in the Channel Islands, it seems you would be eligible to apply for ILR (not acquiring PR automatically). And were you to progress to British citizenship in the Channel Islands, it would most likely not confer freedom of movement in the EU either (assuming no Brexit).

I would suggest that you postpone a move until you complete your immigration journey till PR and ideally defer further till getting British citizenship in the UK.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

nemerkh
Member
Posts: 172
Joined: Thu Apr 18, 2013 7:52 pm

Re: Moving to Guernsey

Post by nemerkh » Wed Sep 21, 2016 6:01 pm

That greaty explains it. There goes my 6 figure paycheck lol. Thanks mate.

nemerkh
Member
Posts: 172
Joined: Thu Apr 18, 2013 7:52 pm

Re: Moving to Guernsey

Post by nemerkh » Wed Sep 21, 2016 6:49 pm

Another thought would i be able to apply as a noneu and get an ilr in guernsey in this case?

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