Indefinite Leave through Ten-Year Long Residence

276C. Indefinite leave to remain on the ground of long residence in Jersey may be granted provided that the Minister is satisfied that each of the requirements of paragraph 276B is met.

276B. The requirements to be met by an applicant for indefinite leave to remain on the ground of long residence in Jersey are that: (i) he has had at least 10 years continuous lawful residence in Jersey; and

(b) ‘lawful residence’ means residence which is continuous residence pursuant to: (i) existing leave to enter or remain; or (ii) temporary admission within section 11 of the 1971 Act where leave to enter or remain is subsequently granted; or (iii) an exemption from immigration control, including where an exemption ceases to apply if it is immediately followed by a grant of leave to enter or remain.

276A. For the purpose of paragraphs 276B to 276D, 276ADE and 399A. (a) “continuous residence” means residence in Jersey for an unbroken period, and for these purposes a period shall not be considered to have been broken where an applicant is absent from Jersey for a period of 6 months or less at any one time, provided that the applicant in question has existing limited leave to enter or remain upon their departure and return, but shall be considered to have been broken if the applicant: (i) has been removed under Schedule 2 of the 1971 Act, section 10 of the 1999 Act, has been deported or has left Jersey having been refused leave to enter or remain here; or (ii) has left Jersey and, on doing so, evidenced a clear intention not to return; or (iii) left Jersey in circumstances in which he could have had no reasonable expectation at the time of leaving that he would lawfully be able to return; or (iv) has been convicted of an offence and was sentenced to a period of imprisonment or was directed to be detained in an institution other than a prison (including, in particular, a hospital or an institution for young offenders), provided that the sentence in question was not a suspended sentence; or Official 64 (v) has spent a total of more than 18 months absent from Jersey during the period in question.

(iii) he does not fall for refusal under the general grounds for refusal; and

(iv) he has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom and Jersey, in accordance with Appendix KoLL; and

276A2. An extension of stay on the ground of long residence in Jersey may be granted for a period not exceeding 2 years provided that the Minister is satisfied that the requirement in paragraph 276A1 is met.