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Does Gibralter Constitute as part of residing in the UK??

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latinsteve
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Location: Glasgow UK

Does Gibralter Constitute as part of residing in the UK??

Post by latinsteve » Tue May 27, 2008 5:31 pm

Hi List,

I have a residence permit (Limited Leave to Remain) after my 4 year ancestry visa expired.
Since they changed the rules, I require that I stay another year before I get Indefinite Leave to Remain.

I have been offered a job in Gibralter, a British overseas territory.

I need to stay in the UK another year to qualify for indefinite leave to remian.
Does this include Gibralter, as I believe I require a seperate visa without Limited leave to remain?

I would rather stay in Glasgow if Gibralter isn't regarded as time in the UK as far as visas are concerned.

JAJ
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Australia

Post by JAJ » Wed May 28, 2008 1:33 am

British Overseas Territories are not part of the United Kingdom for either immigration or nationality purposes.

Although Gibraltarians and those in the other Territories are generally British citizens, they have this status under special provisions in the law.

Get your British citizenship first, then you can live in Gibraltar if you like.

Spark
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Post by Spark » Wed May 28, 2008 11:23 pm

Gilbratar's border control is handled seperately, so much in fact that even foreigners eligible for the UK's visa waiver are only permitted to visit there for 30 days.
We make holes in the teeth
We make holes in the teeth.

latinsteve
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Post by latinsteve » Wed May 28, 2008 11:56 pm

I have researched that holders of Indefinite Leave to Remain in their passport do not require a separate visa, but I would imagine it would be quite easy for a company to get this visa fir me if I had Limited Leave to Remain - as I do due to 4-5 year Ancestry/HSMP rules.

But since Gibralter is not part of the UK as such, and is a British OS territory, then if I spend more than 3 months outside the UK this year, I fail to qualify for Indefinite Leave to remain. (So I better not take the job offer in GIB)

Hence I will turn down this job.

Thanks for your replies, you have answered my question.

Spark
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Post by Spark » Thu May 29, 2008 12:41 am

That's a good question, it's weird because if you ask the USA; Gibraltar is part of the UK and that's it, most Europeans disagree and it's not written on the front of the British passport but would being there for 3 months force you to lose your eligibility to ILR.

I would check that out with the embassy or IBA mate.
We make holes in the teeth
We make holes in the teeth.

JAJ
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Australia

Post by JAJ » Thu May 29, 2008 3:38 am

Spark wrote:That's a good question, it's weird because if you ask the USA; Gibraltar is part of the UK and that's it, most Europeans disagree
The Spanish may disagree but most countries recognise Gibraltar as a British overseas territory (not specifically a part of the United Kingdom).

latinsteve
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Post by latinsteve » Thu May 29, 2008 10:33 am

Yes, it uses the £ as it's currency, and the head of government is based in London. It's just like Britain.

Siggi
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Post by Siggi » Thu May 29, 2008 12:15 pm

My understanding of this, is that Gibraltar has the same status as Jersey, Gurnsey and the Isle of Man.

This is unlike Hong Kongs old status (British oversea's territory)

So in theroy you could live in anyone of them and be eligible for ILR, if you spent enough time there.

JAJ
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Australia

Post by JAJ » Thu May 29, 2008 12:51 pm

latinsteve wrote:Yes, it uses the £ as it's currency, and the head of government is based in London. It's just like Britain.
Gibraltar has the same Head of State, but the head of government is the Chief Minister, in Gibraltar.

JAJ
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Post by JAJ » Thu May 29, 2008 12:52 pm

Siggi wrote:My understanding of this, is that Gibraltar has the same status as Jersey, Gurnsey and the Isle of Man.

This is unlike Hong Kongs old status (British oversea's territory)
Wrong - Gibraltar is a British overseas territory ... not a Crown Dependency.
So in theroy you could live in anyone of them and be eligible for ILR, if you spent enough time there.
This is wrong, and would even be wrong if applied to the Crown Dependencies.

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