When do permanent/long-term rights arise and what continuity, absence or retention conditions matter?
Indefinite leave to remain is granted where the eligibility requirements of EU(J)11 are met, including completing a continuous qualifying period of five years. An applicant who does not yet meet them but meets the EU(J)14 requirements is granted five years' limited leave to remain. Continuity is broken by absences exceeding a total of 6 months in any 12-month period, except a single absence of up to 12 months for an important reason (such as pregnancy, childbirth, serious illness, study, vocational training or an overseas posting). Absence from the UK and Islands for more than five consecutive years is a supervening event.
See recorded sources
Limits of the record- EU(J)11 has seven alternative conditions; only the five-year continuous-residence condition is cited.
- Further COVID-19 absence exceptions and supervening events (exclusion, deportation) are not detailed.
- https://www.gov.je/SiteCollectionDocuments/Travel%20and%20transport/ID%20Jersey%20immigration%20rules.pdf
EU(J)3. The applicant will be granted five years’ limited leave to remain where:
A valid application has been made in accordance with paragraph EU(J)9;
The applicant does not meet the eligibility requirements for indefinite leave to remain
in accordance with paragraph EU(J)11 or EU(J)12, but meets the eligibility
requirements for limited leave to remain in accordance with paragraph EU(J)14; and
The applicant is not to be refused on grounds of suitability in accordance with
paragraph EU(J)15 or EU(J)16.
- https://www.gov.je/SiteCollectionDocuments/Travel%20and%20transport/ID%20Jersey%20immigration%20rules.pdf
EU(J)11. The applicant meets the eligibility requirements for indefinite leave to remain as
a relevant EEA citizen or their family member (or as a person with a
derivative right to reside or a person with a Zambrano right to reside)
where the Minister is satisfied, including (where applicable) by the required
evidence of family relationship, that, at the date of application, one of
conditions 1 to 7 set out in the following table is met:
- https://www.gov.je/SiteCollectionDocuments/Travel%20and%20transport/ID%20Jersey%20immigration%20rules.pdf
(b) The applicant has completed a continuous qualifying period of five
years in any (or any combination) of those categories; and
- https://www.gov.je/SiteCollectionDocuments/Travel%20and%20transport/ID%20Jersey%20immigration%20rules.pdf
continuous a period of residence in the UK and Islands (save in condition 3 in the
qualifying period table in paragraph EU(J)12; in condition 2 in the table in paragraph
EU(J)14; in sub-paragraph (a)(ii) or (d)(iii)(aa) of the entry for ‘family
member who has retained the right of residence’ in this table; in sub-
paragraph (c) of the entry for ‘person who has ceased activity’ in this
table; and in the entry for ‘person with a derivative right to reside’ and for
‘person with a Zambrano right to reside’ in this table, where (in each
case) the period of residence must be in Jersey and the reference in
sub-paragraphs (b)(i) and (ii) below to the UK and Islands is to be read
as a reference to Jersey):
(a) which, unless the person is a joining family member of a relevant
sponsor is a specified relevant person of Northern Ireland (or is the
dependent relative of such a person) or relies on sub-paragraph
(b)(i)(cc), (b)(i)(dd) or (b)(i)(ee) below, began before the specified
date; and
(b) during which none of the following occurred:
(i) absence(s) from the UK and Islands which exceeded a total
of 6 months in any 12-month period, except for:
(aa) a single period of absence which did not exceed 12
months and was for an important reason (such as
pregnancy, childbirth, serious illness, study, vocational
training or an overseas posting, or because of COVID-19);
- https://www.gov.je/SiteCollectionDocuments/Travel%20and%20transport/ID%20Jersey%20immigration%20rules.pdf
supervening event at the date of application:
(a) the person has been absent from the UK and Islands for a period
of more than five consecutive years (at any point since they last
acquired the right of permanent residence in Jersey or elsewhere
in the UK and Islands, whether under s. 7(1) of the 1988 Act (as it
had effect before it was repealed) read with regulation 15 of the
EEA Regulations, or directly under regulation 15 of the EEA
Regulations, or since they last completed a continuous qualifying
period of five years); or
