Stay in Jersey, Guernsey and Isle of Man towards ILR in UK

[kosgad]

Dear friends

I would like to share this very good news to all those who worked/stayed in Jersey,Guernsey or Isle of Man and its applicability towards ILR.

As i had also experienced problems with my ILR, started the long battle with UKBA.We have been sending repeated Emails,complaints, and letters to various people concerned with immigration in UK, regarding inconsistencies in the rules applied when some one who stayed in Jersey,Guernsey or Isle of Man, applied for ILR in UK.(Refer to my previous post for details of inconsistencies )

We raised this issue to operational policy team who have agreed to discuss with the legal team to clarify those inconsistencies.

After around 14 months of long struggle, now UKBA has implemented changes in their operational policy on 14/03/2013 which will come into effect on 06/04/2013.

The leave granted/period of stay in Bailiwick of Guernsey, Bailiwick of Jersey and the Isle of Man would be counted towards 4 or 5 years of Lawful stay in UK and its applicability for ILR.

This information can be found in the UKBA document
http://www.ukba.homeoffice.gov.uk/site ... ew=Binary
Particularly in Point 13(Paragraph 128A) and Point 20(Paragraph 200A), with some clause attached to it(as long as your recent leave was from UK)

Please disseminate this information to all those who stayed in Jersey,Guernsey or Isle of Man and struggling with their ILR in UK.I am happy to clarify any doubts regarding this issue.

I would like to thank all my friends who were also involved in this long and successful battle with UKBA operational policy team!

Thank you

Good luck

[vinny]

See also similar case: Indefinite Leave to Remain: Time in Guernsey.

[kosgad]

Thanks Vinny for your reply.

I remember reading the link forwarded by you.In fact my friend contacted Mulberry Finch regarding legal challenge,but they refused give any guarantee before taking over the case. More over the financial implications could have proved challenging to be managed by 2-3 people.

Anyway now the things are crystal clear and no need to pay Mulberry Finch or solicitors before applying for ILR.

Regards

[misticalwinds]

Hi Kosgad,

Thanks for sharing this information. This is huge for people who have spent time in the Islands.

This sounds too good to be true and therefore wanted to check with you a few things as you have now become a subject expert.

Do you know if another policy guidance will be issued re the Calculation of Continuous Residency period as currently in their document issued in January 2013 it still counts time spent in Islands as an absence.

Also, apart from the 'Statement of Changes in Immigration Rules' is there any other link on the UKBA website that corroborates this information ?

Lastly, are you taking the plunge and applying for your ILR or waiting until June 2013 when it will be 5 years for you in the UK mainland ?

Regards

[kosgad]

Hello Misticalwinds,
Thanks for your reply and also the questions raised.

As you have mentioned it is a huge news for people who stayed in Jersey,Guernsey or Isle of Man and preparing to apply for ILR.

1)Apart from the 'Statement of Changes in Immigration Rules' is there any other link on the UKBA website that corroborates this information ?
The above immigration rule changes are based on various laws (British Nationality Act 1981, Immigration Act 1971).
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
The above rule change is based on the above laws and there is no need for any other corroborative document.One of my friend`s ILR application was refused last year and appeal was under hold due to the policy teams discussion with the legal team.As soon as the above document was released,he wrote back to the case worker and he was already granted ILR even before the changes comes into effect on 6th April!

2)Do you know if another policy guidance will be issued re the Calculation of Continuous Residency period as currently in their document issued in January 2013 it still counts time spent in Islands as an absence.

As you are aware, when ever a new rule change or amendments has been published(April 2013),it over-rules the existing one(Jan 2013).
Let us consider 2 scenarios
Initial stay in Island and came over to UK with most recent extension from UK--No problem with ILR(with existing guidance)
Initial HSMP/Tier1 in UK with part stay in Islands--as the new rule states that the stay in islands would also be considered towards ILR-again there should not be any problem with ILR

3)Are you taking the plunge and applying for your ILR or waiting until June 2013 when it will be 5 years for you in the UK mainland ?
This question is irrelevant as the above case history of my friend clearly shows that it would work without any problem.I am eligible to apply for British passport in March 2014!

I hope this clarifies your doubts.

Regards

[misticalwinds]

Hi Kosgad,

Thanks for the clarification.

It's such a relief, I was planning to relocate to Jersey just to obtain the ILR.

I am due for my ILR in 2 weeks then and hopefully British passport the year after.

Hope all goes well for you. Do update us when you are granted the ILR.

Regards.

[kosgad]

Hello,
I do not know your immigration history but if you are eligible to apply for ILR- apply without any further delay.
I have already replied about my ILR in the previous post

Good luck

Regards

[kosgad]

Dear all
Quick update regarding stay in crown dependencies

Apparently people who want to apply for ILR with part of their stay in Crown dependencies, have to apply by post and PEO applications wont be accpeted!( http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf) Refer to point 12-Page 5-- Applying in person.
One of my friend who had applied for ILR(with short period of stay in crown dependencies), the application was not accepted(Not rejected) and they infact refunded the fees at Liverpool PEO.

Please do not hesitate to contact me if you require any suggestions regarding stay in crown dependencies and their applicability towards ILR.

Thank you

Kosgad

[rinku2412]

Hi Kosgad,

Was going through the various information provided by you.Was very helpful and thanks for sharing.

Was reading through the statement which says

"You can only count Channel Islands and Isle of Man leave towards ILR if it was granted in the same type of category, or equivalent, as to one specified by the requirement for ILR in the UK."

Here the clause that leave to remain should be in "same type of category , or equivalent"

Was not sure that If I am staying with work permit visa in Jersey then which category of leave in UK is equivalent to this jersey work permit if I try to apply ILR from UK later?

Thanks
Rinku

[thisam]

Dear Members ,

it is great to see important information regarding the time spent in crowns dependences counts towards the 5 years long residency. do you think lawful residence in UK under crowns dependencies visa could count towards 10 year long residency in UK?

Can you please explain the lawful residency in UK?

do you think following instructions covers lawful residency in uk for 10 year lawful residency? much obliged if you can share your ideas,

thank you

''chedule 4 of the Immigration Act 1971 covers the integration of the immigration laws of the United Kingdom and Islands. The Schedule provides that:
where a person has been given leave to enter or remain by the authorities of the Channel Islands or the Isle of Man and then proceeds directly to the United Kingdom, that leave and any conditions attached to it will be treated as if it had been imposed in the United Kingdom;''

[Turmeric]

Dear all
Quick update regarding stay in crown dependencies

Apparently people who want to apply for ILR with part of their stay in Crown dependencies, have to apply by post and PEO applications wont be accpeted!( http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf) Refer to point 12-Page 5-- Applying in person.
One of my friend who had applied for ILR(with short period of stay in crown dependencies), the application was not accepted(Not rejected) and they infact refunded the fees at Liverpool PEO.

Please do not hesitate to contact me if you require any suggestions regarding stay in crown dependencies and their applicability towards ILR.

Thank you

Kosgad

In case anyone on this forum is still interested in the subject, I spent 3 month 2 weeks working on contract in Guernsey in 2010, coming back to London for odd weekends. Total 102 days in Guernsey. My contract was with the UK company and it was stipulated in the contract that I was required to work in their Guernsey office. I showed all days spent in Guernsey as absences from the UK, enclosed my contract with the application and got my ILR on 25/11/2014 in Solihull PEO. A week before appointment I phoned to Croydon PEO and was told that each case of time spent in Crown Dependencies is considered individually and if I provide evidence that stay in Guernsey was required by my employer, my application would be accepted in a PEO.

[Lgune]

Hi, all

I was student when i stayed in Isle of Man.

Does it count for 10 years ILR?

Because i have read an article which posted but i found only for work permit holder or Tier 1.

If you have any chance to look into my case please?


please see below my visa history last 10 years.

26/02/2005 Student visa /Entry clearance (first Visa, grant UK visa)

16/11/2005 Student visa / Visa extended from Isle of Man (extended as student, Isle of Man visa)

28/12/2007 Student visa / Visa extended as student (grant UK visa)

07/11/2008 Student visa / Visa extended as student (grant UK visa)

29/09/2009 Tier 1 PSW / Visa extended after graduate

24/10/2011 Tier 1 PSW (Dep) / Visa extended as T1 PSW dependant

08/06/2012 Tier 4 Dependant / Visa extended as T4 dependant

30/10/2015 Current visa expire



Thanks in advance and have a good day