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ILR Continuous period

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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dhamu1981
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Joined: Sun Jun 06, 2021 4:32 pm
India

ILR Continuous period

Post by dhamu1981 » Sun Jun 06, 2021 6:16 pm

Hi Team,

I worked in UK on Tier 2 General from June 2017 for 2 years and moved to Guernsey work permit to another sponsor.

I would like to know if I am eligible for ILR in Guernsey next year as I am completing 5 years.

If my Tier 2 period is not considered in Guernsey, can I move to Tier 2 general to another employer in UK and
apply for ILR next year.

Is my Guernsey work permit going to be considered as continuous period for ILR in UK? Any suggestions would be greatly appreciated. Thanks!

manci
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Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: ILR Continuous period

Post by manci » Sun Jun 06, 2021 8:30 pm

dhamu1981 wrote:
Sun Jun 06, 2021 6:16 pm
Is my Guernsey work permit going to be considered as continuous period for ILR in UK?
from immigration rule 245AA - General requirements for indefinite leave to remain:

(e) References to a continuous period spent with valid leave in the UK include time spent with valid leave in the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man, where that leave was granted for an equivalent purpose to one of the categories stated in the relevant paragraph, provided that the most recent period prior to the date of application was spent in the UK with valid leave in the relevant category.
Personal opinion, not professional or legal advice

dhamu1981
Newly Registered
Posts: 8
Joined: Sun Jun 06, 2021 4:32 pm
India

Re: ILR Continuous period

Post by dhamu1981 » Sun Jun 06, 2021 9:03 pm

Hi Manci,

Thanks much for the reply.

Can you check my first query please,

Can I use my previous Tier 2 General time period for applying ILR in Guernsey, thanks!

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: ILR Continuous period

Post by manci » Mon Jun 07, 2021 9:15 am

According to the Guernsey rules:
https://www.gov.gg/CHttpHandler.ashx?id=135526&p=0

Indefinite leave to Remain – a work permit holder may, on application, be granted
indefinite leave to remain if, amongst other things he or she has spent a continuous
period of 5 years in approved work permit employment and the employer certifies that
he or she is still required for the employment in question


I did not find a definition of "approved work permit employment", i.e. whether it can include your T2 employment in the UK.

Suggest you submit a query to Guernsey Passport and Immigration:
https://www.gov.gg/article/150786/Conta ... mmigration

BTW The Guernsey ILR application form is here:
https://www.gov.gg/CHttpHandler.ashx?id=118415&p=0
Personal opinion, not professional or legal advice

dhamu1981
Newly Registered
Posts: 8
Joined: Sun Jun 06, 2021 4:32 pm
India

Re: ILR Continuous period

Post by dhamu1981 » Mon Jun 07, 2021 10:37 am

Thanks Manci for your kind response,

I will contact them for the same, thought it would be helpful to check if someone has undergone the same process in the Channel islands.

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: ILR Continuous period

Post by manci » Mon Jun 07, 2021 11:09 am

I found this for Jersey
https://www.gov.je/LifeEvents/Citizensh ... x#anchor-1

Criteria for indefinite leave to remain​
To apply for indefinite leave to remain in Jersey, you must:
have lived legally in the United Kingdom and / or Channel Islands for a certain length of time (usually between two and five years)
pass the Citizenship test (also known as a 'Life in the UK' test)
meet the English language requirement


It may be the same rule for Guernsey but I did not find the reference

dhamu1981
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Posts: 8
Joined: Sun Jun 06, 2021 4:32 pm
India

Re: ILR Continuous period

Post by dhamu1981 » Mon Jun 07, 2021 4:19 pm

Thank you Manci

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