Indefinite Leave to Remain after Approved Employment

**134.** [ (1)] Indefinite leave to remain may be granted, on application, to a person admitted as a work permit holder provided – (i) he has spent a continuous period of 5 years in the Bailiwick of Guernsey in this capacity, and (ii) he has met the requirements of paragraph 131 throughout the 5 year period, and (iii) he is still required for the employment in question, as certified by his employer, and

**134.** [ (1)] Indefinite leave to remain may be granted, on application, to a person admitted as a work permit holder provided – (i) he has spent a continuous period of 5 years in the Bailiwick of Guernsey in this capacity, and (ii) he has met the requirements of paragraph 131 throughout the 5 year period, and (iii) he is still required for the employment in question, as certified by his employer, and (iv) he has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom and Bailiwick of Guernsey[, in accordance with any of subparagraphs (a) to (e) of paragraph 33B], unless he is under the age of 18 or aged 65 or over at the time he makes his application[, and (v) he does not have one or more convictions, other than spent convictions within the meaning of the Rehabilitation of Offenders (Bailiwick of Guernsey) Law, 2002].

**131.** The requirements for an extension of stay to seek or take employment (unless the applicant is otherwise eligible for an extension of stay for employment under these Rules) are that the applicant – (i) entered the Bailiwick of Guernsey with a work permit valid for more than 1 month under paragraph 129, and (ii) has the approval of the [Committee for Home Affairs] for the continuation of his employment, and (iii) meets the requirements of paragraph of 128(ii)-(vi)

[ (2) For the purposes of subparagraph (1)(i) – (i) a person who has spent a continuous period of 5 years in two or more jurisdictions in the United Kingdom and Islands as holder of leave granted by each of those jurisdictions for the purpose of taking waged or salaried employment is deemed to have spent a continuous period of 5 years in the Bailiwick of Guernsey as a work permit holder, if – (a) each leave granted could have resulted in the person being granted settlement in the jurisdiction for which the leave was granted had the person remained in that jurisdiction as a holder of that leave, and (b) the most recent period of that time was spent in the Bailiwick of Guernsey as a work permit holder, and (ii) for this purpose, paragraph 128A has effect as if a reference to the Bailiwick of Guernsey is a reference to the United Kingdom and Islands.]

**128A.** For the purposes of references in this Part to requirements for indefinite leave to remain – (a) **"continuous period of 5 years in the Bailiwick of** **Guernsey"** means residence in the Bailiwick of Guernsey for an unbroken period with valid leave, and for these purposes a period shall not be considered to have been broken where – (i) the applicant has been absent from the Bailiwick of Guernsey for a period of 180 days or less in any of the five consecutive 12 calendar month periods preceding the date of the application for indefinite leave to remain, and (ii) the applicant has existing limited leave to enter or remain upon their departure and return, except that where that leave expired no more than 28 days prior to a further application for entry clearance, that period and any period pending the determination of that application shall be disregarded, and (iii) the applicant has any period of overstaying between periods of entry clearance, leave to enter or leave to remain of up to 28 days and any period of overstaying pending the determination of an application made within that 28 day period disregarded, and --- (b) except for periods when the applicant had leave as a writer, composer or artist or on the grounds of his United Kingdom ancestry – (i) the applicant must have been employed in the Bailiwick of Guernsey continuously throughout the five years, under the terms of his work permit or in the employment for which he was given leave to enter or remain, except that any breaks in employment in which he applied for leave as a work permit holder or as an employee under any provision of this section to work for a new employer shall be disregarded provided this is within 60 days of the end of his employment with his previous employer, and (ii) any absences from the Bailiwick of Guernsey must have been for a purpose that is consistent with the continuous permitted employment in item (i), including paid annual leave or for serious or compelling reasons.]

[ (2) For the purposes of subparagraph (1)(i) – (i) a person who has spent a continuous period of 5 years in two or more jurisdictions in the United Kingdom and Islands as holder of leave granted by each of those jurisdictions for the purpose of taking waged or salaried employment is deemed to have spent a continuous period of 5 years in the Bailiwick of Guernsey as a work permit holder, if – (a) each leave granted could have resulted in the person being granted settlement in the jurisdiction for which the leave was granted had the person remained in that jurisdiction as a holder of that leave, and (b) the most recent period of that time was spent in the Bailiwick of Guernsey as a work permit holder, and (ii) for this purpose, paragraph 128A has effect as if a reference to the Bailiwick of Guernsey is a reference to the United Kingdom and Islands.]

**134.** [ (1)] Indefinite leave to remain may be granted, on application, to a person admitted as a work permit holder provided – (i) he has spent a continuous period of 5 years in the Bailiwick of Guernsey in this capacity, and (ii) he has met the requirements of paragraph 131 throughout the 5 year period, and (iii) he is still required for the employment in question, as certified by his employer, and (iv) he has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom and Bailiwick of Guernsey[, in accordance with any of subparagraphs (a) to (e) of paragraph 33B], unless he is under the age of 18 or aged 65 or over at the time he makes his application[, and (v) he does not have one or more convictions, other than spent convictions within the meaning of the Rehabilitation of Offenders (Bailiwick of Guernsey) Law, 2002].