What exact status does accumulated residence lead to?
The route is for a person seeking to return to Jersey for settlement after previously holding indefinite leave.
See recorded sources
- Jersey Immigration Rules paragraphs 18-20
Returning Residents
Returning Resident
JerseyLong-term residence
Explore the five recorded questions, answers and sources for this pathway.
What qualifying residence period is required and when does the period begin?
The person must have had indefinite leave to enter or remain in Jersey when they last left and generally must not have been away from Jersey for more than 2 years.
See recorded sources
- Jersey Immigration Rules paragraphs 18-20
18. A person seeking leave to enter Jersey as a returning resident may be admitted for
Which types of residence count fully, partially or not at all where the official rules specify this?
Only a person who had indefinite leave to enter or remain in Jersey when they last left can qualify. A person whose limited leave lapsed and who returns after a temporary absence within the period of that earlier leave has no claim to admission as a returning resident.
See recorded sources
Limits of the record
- The rules do not grade other types of residence as counting fully or partially.
- https://www.gov.je/SiteCollectionDocuments/Travel%20and%20transport/ID%20Jersey%20immigration%20rules.pdf
18. A person seeking leave to enter Jersey as a returning resident may be admitted for settlement provided the Immigration Officer is satisfied that the person concerned: (i) had indefinite leave to enter or remain in Jersey when he last left; and
- https://www.gov.je/SiteCollectionDocuments/Travel%20and%20transport/ID%20Jersey%20immigration%20rules.pdf
A person whose leave has lapsed and who returns after a temporary absence abroad within the period of this earlier leave has no claim to admission as a returning resident.
What absence/continuity rules affect accumulation of the qualifying residence period?
The person must not have been away from Jersey for more than 2 years. Someone who fails only because they were away too long may still be admitted, for example if they have lived in Jersey for most of their life. Sub-paragraphs (ii) and (iii) of paragraph 18, including the 2-year condition, do not apply to a person with indefinite leave who accompanies on an overseas posting a spouse or partner who is a member of HM Forces serving overseas, or a British citizen or settled person working for HM Diplomatic Service, the British Council, the Department for International Development or the Home Office.
See recorded sources
- https://www.gov.je/SiteCollectionDocuments/Travel%20and%20transport/ID%20Jersey%20immigration%20rules.pdf
18. A person seeking leave to enter Jersey as a returning resident may be admitted for settlement provided the Immigration Officer is satisfied that the person concerned: (i) had indefinite leave to enter or remain in Jersey when he last left; and (ii) has not been away from Jersey for more than 2 years; and
- https://www.gov.je/SiteCollectionDocuments/Travel%20and%20transport/ID%20Jersey%20immigration%20rules.pdf
19. A person who does not benefit from paragraph 18 by reason only of having been away from Jersey too long may nevertheless be admitted as a returning resident if, for example, he has lived here for most of his life.
- https://www.gov.je/SiteCollectionDocuments/Travel%20and%20transport/ID%20Jersey%20immigration%20rules.pdf
19A. Sub paragraphs (ii) and (iii) of paragraph 18 shall not apply where a person who has indefinite leave to enter or remain in Jersey accompanies on an overseas posting, a spouse, civil partner or unmarried partner who is: (a) a member of HM Forces serving overseas; or (b) a British citizen or is settled in Jersey; and (i) a permanent member of HM Diplomatic Service; (ii) a comparable British Islands based staff member of the British Council; (iii) a staff member of the Department for International Development; or (iv) a Home Office employee.
What other major conditions apply, how is the status obtained, and what renewal, document-validity, retention or loss rules matter?
A qualifying returning resident does not need a visa; the official provisions do not state a separate renewal sequence.
See recorded sources
Limits of the record
- The cited captured paragraph does not state this aspect.
- Jersey Immigration Rules paragraph 18A -- returning residents
18A. Those who qualify for admission to Jersey as returning residents in accordance with paragraph 18 do not need a visa to enter Jersey.
These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.
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