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Does visiting either Guernsey or Jersey count as an absence from the UK for the purpose of calculating absences outside the UK for ILR or naturalisation? Many thanks.

Interesting question. Also Gibraltar.

May be best to ask in the British Citizenship section of the forum.

I am moving your post to British citizenship forum.

NOG wrote:Does visiting either Guernsey or Jersey count as an absence from the UK for the purpose of calculating absences outside the UK for ILR or naturalisation? Many thanks.

For ILR see http://www.ukba.homeoffice.gov.uk/sitec ... ary#page11

For naturalisation, the Channel Islands are classed as the UK.

BNA 1981 Interpretation:

“the United Kingdom” means Great Britain, Northern Ireland and the Islands, taken together;
“the Islands” means the Channel Islands and the Isle of Man;

So it doesn't count as absence.

And Gibraltar?

Directive/2004/38/EC wrote:And Gibraltar?

I think the only time you could use Gibraltar is if you were married or civil p to a British Citizen who was on crown service in Gibraltar. Otherwise it's not classed as the UK.

For immigration purpose, the UK is GB and NI only. There are some rules for those in the Channel Islands in the link above re:ILR.

Gibraltar appears to be part of the EU, and its residents vote in EU Parliamentary elections, as per this webpage.

A complex situation.

D4109125 wrote:I think the only time you could use Gibraltar is if you were married or civil p to a British Citizen who was on crown service in Gibraltar. Otherwise it's not classed as the UK.

For immigration purpose, the UK is GB and NI only. There are some rules for those in the Channel Islands in the link above re:ILR.

Actually this is a very interesting question.

I think it is an interesting question to ask "What are the member states of the EU?", and then to also ask "Where does Gibraltar fit in those member states?"

Interestingly Directive 2004/38/EC requires

Article 22 - Territorial scope
The right of residence and the right of permanent residence shall cover the whole territory of the host Member State. Member States may impose territorial restrictions on the right of residence and the right of permanent residence only where the same restrictions apply to their own nationals.

But this is a discussion which is off topic of the original poster's question.

I emailed the relevant authorities in Jersey, Guernsey and Gibraltar. So far I have received a response from an immigration officer from Guernsey which is pasted below:

"As long as you have valid leave to remain in the form of ILR, this is equally valid for visiting Guernsey. Please note that visiting Guernsey should not count as an absence from the UK, however, this would be a matter for the UK Border Agency. I do know that a person who applies for naturalisation in Guernsey would not count a trip to the UK as an absence.

Kind regards
XXXNAMEXXX
XXXXXXXNAMEXXXXXXXXX
Immigration Officer
Immigration & Nationality Division"

Also pasted is an email response received today from the relevant person in Jersey:

Thank you for your e-mail.

1. This is correct (i.e. ILR holders do not require a visa to visit Jersey)
2. Time visiting Jersey does not count as an absence from the UK as you will still be within the Common Travel Area (CTA)

Regards
XXXNAMEXXXX
Officer
Customs & Immigration Service

Received a reply from UKBA in relation to Gibraltar. Pasted below:

"Any country visited outside of the United Kingdom should be included in the absences section of the AN form. This includes Gibraltar.

Regards,

AA01
Home Office
Customer Service Improvement Directorate"