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Jersey's Leave to Remain

General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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Caesar
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Jersey's Leave to Remain

Post by Caesar » Fri Jun 28, 2024 6:59 pm

Good evening everyone.
I am on this website. I am trying to find more information everywhere.
Home office is refusing to help. It's just nightmare.
We lived in Jersey for a few years and we decided to get married there. We obtain leave to remain for my miss then it was so hard to get her visa Schengen on this document from Jersey eventually she got that however it's every single time something your with this Jersey document.
We decided to move out from Jersey as in the UK got more opportunities. Since December 2023 we have been fighting with Home office to accept this Jersey document to obtain BRP as they said she can't work without BRP therefore she has already leave to remain. This document shows any leave to remain granted on Jersey Channel Islands is treated the same as it has been granted in the UK but the home office saying it's wrong application. We have asked them which application we should apply then. They can't tell because they are not legal advice service...
What the hell is that? This whole system is ridiculous...
I am an European member and my wife is a Thai.
We have taken legal advice from the lawyer. We have got already few appointments to obtain BRP by lawyer however they are still rejecting the same reason so lawyer contacted home office about which application we need to do they respond there is one but they can't tell where...
We have been applying for TOC transfer of condition which means a lot of sense to do that however home office has been home office...

I hope someone kindly can help us out please. Maybe any tips what we should done? Please

We are fed up about this situation..

Kind regards
Caesar

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zimba
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Re: Jersey's Leave to Remain

Post by zimba » Sat Jun 29, 2024 3:50 am

The crown dependencies are NOT part of the UK. They are simply part of the common travel area and operate their own separate immigration systems. However, the crown dependencies are required to mirror the UK immigration rules and also the UK recognises an immigration status issued in the islands and vice versa. UK however does not recognise EEA Family Permits and EEA permanent residence wet ink stamps issued by the islands as they are only recognised in the issuing jurisdiction. They are not valid in the UK, therefore an individual with such stamp requires permission to enter the UK.

So what is your immigration history of you and your partner?
Did you apply under the EU settlement scheme as an EU citizen in 2021 to stay in Jersey?
What was your wife's status at that time and what happened then?

Someone with UK-recognised permission to stay from crown dependencies can simply apply for transfer of conditions, which is simply the UK BRP application: https://visas-immigration.service.gov.u ... nt-service

Some info on UK BRP cards
--------------------
• The UK BRPs are being phased out: Information on eVisas as all BPRs will be phased out from 1st Jan 2025
• A UK BRP card on its own cannot be used to prove the right to work in the UK anymore. They are simply used to produce an online share code to prove your right to work.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

vinny
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Re: Jersey's Leave to Remain

Post by vinny » Sat Jun 29, 2024 8:23 am

What is your Jersey document? What is written on it?

If you both have pre-settled or settled status, then see also Proving a right to live and work in the UK.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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Casa
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Re: Jersey's Leave to Remain

Post by Casa » Sat Jun 29, 2024 10:19 am

In addition to the advice given above, please be aware that the Home Office 'help line' is outsourced, and operated by outside agency staff who have limited knowledge of the UK Immigration Rules. Incorrect advice is frequently given, with no responsibility or recourse for any resulting consequences for applicants.

If you call 10 times, you're likely to received 10 different answers. :roll:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Caesar
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Re: Jersey's Leave to Remain

Post by Caesar » Sun Jun 30, 2024 12:23 pm

Thank you all for the prompt response. She arrived on the work visa permit. I have got full settlement in Jersey also in the UK as well under EU Scheme.
We have applied many times for transfer of condition which is TOC. Home office rejecting even that application.
Could you please tell us what do we need to do next?

Kind regards
Caesar

Caesar
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Posts: 3
Joined: Fri Jun 28, 2024 6:34 pm
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Re: Jersey's Leave to Remain

Post by Caesar » Sun Jun 30, 2024 12:33 pm

I was living there 6years however my miss was since 2022. We got married in Jersey as she still got valid work visa permit and immigration in Jersey said is gonna be automatically switch for spouse visa as soon as she will get stamp in her passport.
We had to pay over £1k for the leave to remain. She got stamp and certificate without number which everywhere required reference number or such different number. It's so confusing

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zimba
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Re: Jersey's Leave to Remain

Post by zimba » Sun Jun 30, 2024 3:10 pm

Caesar wrote:
Sun Jun 30, 2024 12:23 pm
Thank you all for the prompt response. She arrived on the work visa permit. I have got full settlement in Jersey also in the UK as well under EU Scheme.
We have applied many times for transfer of condition which is TOC. Home office rejecting even that application.
Could you please tell us what do we need to do next?

Kind regards
Caesar
Which application have you applied for ? There is only the BRP application as I explained above.
Is that being rejected ?? What is the reason UKVI providing ?
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

vinny
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Re: Jersey's Leave to Remain

Post by vinny » Sun Jun 30, 2024 3:40 pm

Did she switch from work permit to spouse permission in Jersey? Jersey and UK apparently have different Immigration rules for spouse. So an automatic switch between the two sets of rules in the UK may be difficult under UK’s Appendix FM, SE. I suspect she may be better off remaining in Jersey under their more Liberal Appendix FM (J) rules until ILR?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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