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Isle of Man residence question

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GSOtodd
Member
Posts: 198
Joined: Tue Jan 22, 2002 1:01 am
Location: London

Isle of Man residence question

Post by GSOtodd » Mon Feb 23, 2009 6:41 pm

I'm from the United States who moved here to the UK almost four years ago. If I move and take a job offer in the Isle of Man, after one year there (which will give me a total of 5 years in the UK), would I still be qualified for Indefinate Leave to Remain? I know that the IOM has their own work permit system but citizenship/ILR remains part of the UK.

Some help here would be good.

Thanks
Andy

PaperPusher
Respected Guru
Posts: 2038
Joined: Sun Apr 22, 2007 5:47 pm
Location: London

Post by PaperPusher » Mon Feb 23, 2009 7:42 pm

In my opinion no, if you mean ILR because of 5 years on a work permit.

Macdonald's Immigration Law & Practice 7th Edition 2008
Ian A Macdonald QC
Ronan Toal

page 256 quotes the IDIs only in a postscript
The Isle of Man Department of Trade and Industry issues two types of work permit: (i) those issued under the IA 1971, as extended to the Isle of Man, which are similar in appearance to the work permits issued by Work Permits (UK); and (ii) permits under the Isle of Man Control of Employment Act 1975, which are issued to persons who are not members of the Isle of Man labour force but who are permitted to work in the Isle of Man. Persons holding such documents are likely to be British citizens or persons with indefinate leave in the UK. These permits are not relevant to the Immigration Act and are not "work permits" as defined in section 33(1) of the IA 1971. A person seeking leave to enter or remain in the uk, presenting one of these permits, does not qualify under para 128 of HC 395: see IDI, Ch 5, Annex A, para 11.2.
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

The problem is to get ILR you have to meet the immigration rules:
Requirements for leave to enter the United Kingdom for work permit employment
128. The requirements to be met by a person coming to the United Kingdom to seek or take employment (unless he is otherwise eligible for admission for employment under these Rules or is eligible for admission as a seaman under contract to join a ship due to leave British waters) are that he:

(i) holds a valid Home Office work permit; and

(ii) is not of an age which puts him outside the limits for employment; .................................

Indefinite leave to remain for a work permit holder
134. Indefinite leave to remain may be granted on application to a person provided:

(i) he has spent a continuous period of 5 years lawfully in the UK, of which the most recent period must have been spent with leave as a work permit holder (under paragraphs 128 to 133 of these rules), and the remainder must be any combination of leave as a work permit holder or leave as a highly skilled migrant (under paragraphs 135A to 135F of these rules) or leave as a self-employed lawyer (under the concession that appeared in Chapter 6, Section 1 Annex D of the Immigration Directorate Instructions), or leave as a writer, composer or artist (under paragraphs 232 to 237 of these rules);
http://www.ukba.homeoffice.gov.uk/polic ... les/part5/

You probably won't have a "Home Office" work permit, and therefore won't qualify for ILR.

The different islands deal with work permits differently to the UK and set their own rules about who qualifies.

Maybe you would like to see a solicitor or representative, and not a run of the mill one.

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