- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
British Overseas territories have their own immigration ordinances and are free to set their own policies on immigration, residence, working etc. AIUI, Gibralter operates along broadly similar principles to UK, so far as working is concerned - EU nationals can, others can't, unless they have a WP for which the employer is required to prove that the vacancy can't otherwise be filled. I doubt that having UK ILR/ILE would make any difference one way or the other.Dawie wrote:Can anyone enlighten me as to whether or not a person holding a settlement visa such as ILR, spouse visa, etc in the UK is allowed to work without restrictions in Gibralter? And if you can, whether or not working there will prejudice the residency requirement for naturalisation?
I have ILR and have a seen a number of interesting employment opportunities advertised for Gibralter but it's proving very difficult to find any information on this topic.
ppron747 wrote: As to whether working in Gibraltar could affect a UK naturalisation application, the answer must be yes - Gibraltar is not in UK, and you would therefore be absent from UK if you're present in Gibraltar.
Are you sure ?Dawie wrote:Yes, in addition to that I read on the immigration websites for Jersey, Guernsey and the Isle of Man it is possible for someone with ILR in the UK to work there without restriction. Not so for Gibraltar it seems.
That page relates to work permit holders from the UK, etc. Not for people who hold ILR. However having said that (and been a regular visitor to Jersey) I would expect that you would need a permit of some sort even if you had ILR from the UK.lemess wrote:Are you sure ?Dawie wrote:Yes, in addition to that I read on the immigration websites for Jersey, Guernsey and the Isle of Man it is possible for someone with ILR in the UK to work there without restriction. Not so for Gibraltar it seems.
http://www.immigration.gov.je/ci_uk_workpermits.asp
implies that you would need a work permit if you spent most of your time on the island which you would if you took up full time work.
While we're being pedantic ..let's continue splitting hair:)And I think it's pretty well established that the holder of ILR is a long term resident.
lemess wrote: I think you're missing my point. Jersey is not part of the UK and "long term resident"probably refers to a jersey resident and need not mean long term UK resident ( which is what an ILR makes you).
JAJ my point was that there is nothing in the pages on the jersey government site that explicitly says that a UK ILR will give you an indefinite right to work in Jersey. I understand that a jersey ILR is different.Jersey is not part of the UK for most purposes, however it's closely linked to the UK for immigration purposes (because of the Common Travel Area) and it is part of the UK for nationality purposes.
In both respects this is different from the British Overseas territories, including Gibraltar. The British Overseas Territories Act 2002 did not change that.
lemess wrote: I guess someone who wanted to live in the channel islands etc with a UK ILR stamp would also have to account for the fact that this would have an adverse effect on their naturalisation residence requirements which only apply to the UK.
But the issue is of the ILR stamp and not of nationality surely ? Does the British Nationality act cover non British nationals and their immigration status ? I am not an expert on this but on the surface this issue doesn't appear to have anything to do with British nationality. My understanding was that the nationality act covers who can be classified as a british citizen and how etc.JAJ wrote:Why? Jersey is part of the UK for nationality purposes. Section 50(3) of the British Nationality Act makes it clear that "United Kingdom" for the purposes of the Act includes the Channel Islands and Isle of Man.lemess wrote: I guess someone who wanted to live in the channel islands etc with a UK ILR stamp would also have to account for the fact that this would have an adverse effect on their naturalisation residence requirements which only apply to the UK.
You suggested that spending time in Jersey might impact on eligibility for naturalisation. That's not my understanding - because Jersey is part of the UK for nationality purposes, time spent there counts just as much as it would do in the UK.lemess wrote:But the issue is of the ILR stamp and not of nationality surely ? Does the British Nationality act cover non British nationals and their immigration status ?JAJ wrote:Why? Jersey is part of the UK for nationality purposes. Section 50(3) of the British Nationality Act makes it clear that "United Kingdom" for the purposes of the Act includes the Channel Islands and Isle of Man.lemess wrote: I guess someone who wanted to live in the channel islands etc with a UK ILR stamp would also have to account for the fact that this would have an adverse effect on their naturalisation residence requirements which only apply to the UK.
Up to now at least, Jersey immigration policy (as far as British citizens is concerned) has concentrated on control of housing access.tt wrote:Interesting. If what you say is correct, it does make this http://www.gov.je/NR/rdonlyres/7AAC2805 ... Policy.pdf comment by the Jersey "government" website look strange.
Anyway, wouldn't someone who qualified for a Jersey (or Guernsey) British Islands Passport then every time be able to get as well, a full UK Passport as a "full-blooded" UK Citizen, since their entire time on Jersey (or Guernsey) would, if you were right, qualify towards residency for full UK Citizenship. And thus EU Citizenship.
But I thought that those with British Islands (Jersey) and (Guernsey)passports weren't meant to have it so easy. Why have this sub-category otherwise? It makes the "can't have full UK Citizenship without UK ancestry, or 5 years residence in the UK (proper)" requirement look silly.
Or am I missing something?
People connected with the Crown Dependencies are *full* British citizens. The EU free movement of labour rights issue only affects the way other governments treat them, not the United Kingdom government.tt wrote:Don't know if you've had aggrieved Jersey passport holders here before, but unless they have UK(proper) parents or grandparents, or have spent 5 years in the UK(proper), they are not entitled to full British citizenship. They get a British Islands (Jersey) passport, with the proviso "holder is not entitled to benefit from European Community provisions relating to employment or establishment", as suggested above.
It's been suggested they cannot naturalise as full Britsh citizens, since they already have British citizenship (well, in a sort of way).
I think you are confused. People from the Crown Dependencies who live in the UK for 5 years can apply to have the "EU free movement of labour restriction" removed from their passport.But, before British Overseas Territories citizens (BOTCs) were made full British Citizens in 2002, BOTCs were able to go through the ILR and then British citizenship route (ie naturalise). It seems rather arbitrary now that these minority of Jersey residents cannot do this on the basis of 5 years legal residency (or 10 years, in the worst case) in the UK, if the UK in this case (as has been suggested earlier) also includes the British Islands (Channel Islands and Isle of Man). Which would then entiltle them to work a few miles away in France automatically.
If they ARE full British citizens, why can't they get normal British passports, like all other full British citizens and British Overseas Territories citizens?(unless they satisfy the ancestry or 5 yr tests, see above).People connected with the Crown Dependencies are *full* British citizens. The EU free movement of labour rights issue only affects the way other governments treat them, not the United Kingdom government.
Oh, that was a reference to 10 years legal stay (naturalisation), where the 5 years (needing ILR formalised to work) didn't apply, under the argument that the Jersey citizen had a different citizen status to the full UK citizen and might have rights under residency requirements, that's all.I don't know where you get 10 years from.
Not confused. Just pressing arguments, as we all must do to get things moving forward. Willing to absorb all info of course, and willing to be convinced otherwise! Interesting that it is indeed the way the UK Govt treats them (Channel Islanders and "Manxpersons") that leads to the distinction in Protocol No. 3 of the 1972 Act of Accession http://europa.eu.int/smartapi/cgi/sga_d ... l=guichettI think you are confused. People from the Crown Dependencies who live in the UK for 5 years can apply to have the "EU free movement of labour restriction" removed from their passport.
What's your opinion on this, if I may ask?There is an anomaly here in that British citizens connected with British Overseas Territories have got EU free movement of labour rights, and those from the Crown Dependencies have not. However the relevant clauses in the EU Treaties were inserted at the request of the Crown Dependencies authorities, they may be removed in a future treaties revision but that's the situation for now.
I think you mean, the Crown Dependencies authorities on behalf of the various financial corps etc (and not the Jersey residents) thereHowever the relevant clauses in the EU Treaties were inserted at the request of the Crown Dependencies authorities, they may be removed in a future treaties revision but that's the situation for now.