British Settlement Visa for Guernsey

[Mad Dog]

Been searching through this forum and have found some very useful advice so far but one significant difference to my wife's application is that we will not be settling in the U.K. we will be settling in Guernsey, Channel Islands. From browsing the Bailiwick of Guernsey website it seems that there are certain differences from the U.K. visa regulations. The main difference is that the minimum salary requirement of 18,600p.a. is not applicable, there are other differences but this is the most difficult one to overcome as I currently live in Thailand. I was wondering if my application will be proceesed by the U.K.V.I. or whether they will merely pass the paperwork on to Guernsey Immigration for processing?

Another aspect of my wife's application that has been troubling us is that she has already had one successfu application for a settlement visa but we decided to return to Thailand after just six months. Is this likely to count against her with the new application?

[7by7]

I had hoped that someone would have responded by now; but as they haven't I'll try. At least it will bump this back near the top!

I seem to recall this question coming up before, though it may have been for Jersey, and if memory serves she will have to apply via the British embassy as per a UK application and the ECOs there will then refer the application to Guernsey for a decision.

If you've not already read it, you may find Immigration Rules - Spouses useful; though I can't find anything there on how to apply!

If no one here can offer specific advice, all I can suggest is that you contact:

Guernsey Border Agency,

New Jetty,

White Rock,

St Peter Port,

Guernsey, GY1 2LL,

Channel Islands

Tel: 44 1481 741420 Email: [email protected]

Sorry I can't be more helpful.

Another aspect of my wife's application that has been troubling us is that she has already had one successfu application for a settlement visa but we decided to return to Thailand after just six months. Is this likely to count against her with the new application?

No reason why it should. Though her previous application will be on record so I would explain the circumstances and reasons for your decision in this application.

[Tony M]

I'm assuming things haven't changed, but it has been a while since I dealt with any application for The Islands. Applications are submitted to the Embassy in the normal way ( online and VFS), and the application is sent, by the Embassy, to Guernsey for their consideration.

The Channel islands rules seem to be slightly different - they will take both the applicant's and the sponsor's income ( job offers ?) into account. They also still grant ILE if the couple have lived together outside of the UK for 4 years or more ( as the UK used to do).

An A1 level English test is required, but I don't see any mention of a TB test. I'm sure one will be needed. If it were me, I would send them a quick email ( 7x7 gave the email address above) to ask them to clarify the requirements.

[Richard W]

I seem to recall this question coming up before, though it may have been for Jersey, and if memory serves she will have to apply via the British embassy as per a UK application and the ECOs there will then refer the application to Guernsey for a decision.

Sounds like the case of the wife of a poster called 'Jersey UK'. Sadly, his wife died while being treated for TB.

Another aspect of my wife's application that has been troubling us is that she has already had one successfu application for a settlement visa but we decided to return to Thailand after just six months. Is this likely to count against her with the new application?

No reason why it should. Though her previous application will be on record so I would explain the circumstances and reasons for your decision in this application.

My worry would be that the ECO would misinterpret that as evidence that your relationship had broken up in the past. Edited December 30, 2014 by Richard W

[Mad Dog]

Okay, thank you very much for your replies, very helpful indeed. Guernsey immigration will be closed for a few days so I will contact them in the new year. Dealing with G.I. shouldn't be too much of a problem, what I was really looking for was the U.K.V.I.'s role in this. So it seems that the U.K.V.I. will just pass the application on to G.I. and that the newest rules do not apply.

As regards I.L.E., from what Tony said we can apply for this in Guernsey so what kind of visa should we apply for first? We've been married since 2005 and have been living together in Thailand the whole time. Our passports have matching stamps for trips to the U.K., Indonesia and Nepal which will hopefully back this up.

The reason that we returned early from the Guernsey last time round was that the wife unexpectedly became pregnant and she wanted to be near her family. Unfortunately she miscarried shortly after returning home but we now have two healthy children and we feel that they are old enough (5 and 2) to make the move to Guernsey. It's for them that we are moving anyway as we want them to have a better schooling than what is on offer in Surat Thani.

[7by7]

As regards I.L.E., from what Tony said we can apply for this in Guernsey so what kind of visa should we apply for first?

If it is anything like the rules for ILE which used to be in force for UK applicants; she applies for a settlement visa in Thailand in the usual way and if she meets the requirements for ILE, and shows that she does, then instead of being granted a time limited visa she will be granted ILE.

[Jay Sata]

I can only speak from my experience of living in Guernsey and would not want to step on the toes of the forum experts.

The Channel Islands have complicated residency rights which are coupled to safeguarding the local housing ,property market and businesses.

It is not possible to just arrive in Guernsey and have the right to rent a property and get a job.

The Channel Islands offer a lot of offshore financial incentives and as a consequence the property market is expensive.

In short trying to get residency for a foreign national means the partner must be an long time island resident.

I would point out that a UK resident has no rights to live or work in the Channel Islands.

In terms of buying property and obtaining residency rights Guernsey is a bit more relaxed than Jersey,

.

However you will still be looking at buying a property well north of £750k if you are lucky to live on the island.

There are no residence rights for foreign (UK) arrivals.

If the OP has the right to live and work on the island as a resident then there should be no problems.

However migrant seasonal labour from the UK and places such as Portugal have no rights.

Edited December 31, 2014 by Jay Sata

[Mad Dog]

Thank you for your post Jay, you are absolutely correct on each point that you made. I was born and raised in Guernsey and still retain local status despite having been away (i.e. not contributing any tax). The removal of local status after a certain number of years abroad was mooted but was met with mass protests! Not sure about house prices these days but the average price for a first time buyer 10 years ago was 300k so I expect it to be significantly higher these days. Buying a house in Guernsey isn't really on our agenda anyway as my preference is to live in Scotland to take care of my Mum who is 70-odd years of age now. We just saw Guernsey as a 'stepping stone' for getting the wife a British passport more quickly, earning a higher wage in the meantime and being in the company of good friends (something that I have missed during my time here).

[Jay Sata]

Good luck with your plans.

I cannot see any big issues as you have local status and she has already had one application approved.

Nice to know I can post some info on occasions without being shot down in flames.

I lived in St. Saviour near the reservoir.

As for climate give me Guernsey over Scotland any day.

A great place unspoilt by the problems of the rest of Europe.

Edited January 7, 2015 by Jay Sata

[Tony M]

Good luck with your plans.

I cannot see any big issues as you have local status and she has already had one application approved.

Nice to know I can post some info on occasions without being shot down in flames.

I lived in St. Saviour near the reservoir.

As for climate give me Guernsey over Scotland any day.

A great place unspoilt by the problems of the rest of Europe.

Information is different to advice. If your information is based on fact or experience, then there may be nothing wrong with it. But, your advice is usually based on your apparent desire to get your name in print, and is not based on either fact or experience, Your "advice" is often dangerous if followed by people seeking guidance and direction, and the worst thing is that you never admit that you are wrong, and you never apologise for the erroneous advice that you give.

[Jay Sata]

Good luck with your plans.

I cannot see any big issues as you have local status and she has already had one application approved.

Nice to know I can post some info on occasions without being shot down in flames.

I lived in St. Saviour near the reservoir.

As for climate give me Guernsey over Scotland any day.

A great place unspoilt by the problems of the rest of Europe.

Information is different to advice. If your information is based on fact or experience, then there may be nothing wrong with it. But, your advice is usually based on your apparent desire to get your name in print, and is not based on either fact or experience, Your "advice" is often dangerous if followed by people seeking guidance and direction, and the worst thing is that you never admit that you are wrong, and you never apologise for the erroneous advice that you give.

Having lived on Guernsey and still having my bank account there qualifies me I think.

There are many cases where others with no experience of a country cut and paste.

Indeed such an example further up this thread despite the OP saying he had referred to the Guernsey website.

I recently highlighted the fact it was possible to obtain an Non O marriage visa from the Birmingham consulate while you wait. That was done to help others not get my name in print as you suggest.

We all make mistakes such as one regular poster offering advice about flights from Dublin to Belfast when he had clearly never been near the place and was not aware it was only a two hour drive up the motorway.

Edited January 8, 2015 by Jay Sata

[Tony M]

Good luck with your plans.

I cannot see any big issues as you have local status and she has already had one application approved.

Nice to know I can post some info on occasions without being shot down in flames.

I lived in St. Saviour near the reservoir.

As for climate give me Guernsey over Scotland any day.

A great place unspoilt by the problems of the rest of Europe.

Information is different to advice. If your information is based on fact or experience, then there may be nothing wrong with it. But, your advice is usually based on your apparent desire to get your name in print, and is not based on either fact or experience, Your "advice" is often dangerous if followed by people seeking guidance and direction, and the worst thing is that you never admit that you are wrong, and you never apologise for the erroneous advice that you give.

Having lived on Guernsey and still having my bank account there qualifies me I think.

There are many cases where others with no experience of a country cut and paste.

Indeed such an example further up this thread despite the OP saying he had referred to the Guernsey website.

I recently highlighted the fact it was possible to obtain an Non O marriage visa from the Birmingham consulate while you wait. That was done to help others not get my name in print as you suggest.

We all make mistakes such as one regular poster offering advice about flights from Dublin to Belfast when he had clearly never been near the place and was not aware it was only a two hour drive up the motorway.

Yes, we all make mistakes, but most of us would apologise for giving out incorrect "advice" that could cost an enquirer a thousand pounds or more. I believe that you have made more mistakes in your advice than any other regular contributor in this forum but you don't apologise, you never have, and you still haven't, even though now would be a suitable opportunity for you to do so. I wonder why that is ?

Edited January 8, 2015 by Tony M

[7by7]

We all make mistakes such as one regular poster offering advice about flights from Dublin to Belfast when he had clearly never been near the place and was not aware it was only a two hour drive up the motorway.

If you mean me, then I have never offered any advice about flights from Dublin to Belfast.

What I did do was mention there was an Irish consulate in Belfast, and when corrected on that because there isn't I accepted the correction with good grace.

As I have always done when I have posted advice which is later shown to be incorrect.

Something you have never done on any of the multitudinous occasions you have given incorrect advice.

BTW, have you ever been involved in an application for a Guernsey visa by a Thai in Bangkok?

Considering the number of times you jump into topics with "I have lived there....." I am also wondering if there is anywhere in the world where you have not lived!

Edited January 8, 2015 by 7by7

[Jay Sata]

We all make mistakes such as one regular poster offering advice about flights from Dublin to Belfast when he had clearly never been near the place and was not aware it was only a two hour drive up the motorway.

If you mean me, then I have never offered any advice about flights from Dublin to Belfast.

What I did do was mention there was an Irish consulate in Belfast, and when corrected on that because there isn't I accepted the correction with good grace.

As I have always done when I have posted advice which is later shown to be incorrect.

Something you have never done on any of the multitudinous occasions you have given incorrect advice.

BTW, have you ever been involved in an application for a Guernsey visa by a Thai in Bangkok?

Considering the number of times you jump into topics with "I have lived there....." I am also wondering if there is anywhere in the world where you have not lived!

I am sorry if my travels in some way upset you but it is a part of my life I enjoy. Just relaxing over a beer here in Bangkok having taken the Eva flight out of terminal 2 last night . One of the easiest terminals and check in I have had outside of Singapore. If you somehow doubt me I am happy to post pics.

With regard to your claims re flights let me quote you.

"Is she flying Belfast to Dublin to Bangkok and vice versa on her return? If so, is she just transiting through Dublin and remaining airside throughout, i.e. not passing through Irish immigration?"

It is a 2 hour drive from Dublin to Belfast and there has never been a flight between those two airports.

Quite clearly you have never been to Eire or admitted it on here yet choose to argue my advise based on having an Irish passport and residency plus property in Dublin.

I contribute elsewhere on this site and indeed most of my posts are in world news and politics.

If contributors suggest or give advice it should be taken as in good faith and not some sort of catalyst for personal bickering.

You bumped this topic up and I have offered my advice to the OP which he accepts is correct.

Had you lived in Guernsey or Jersey then you would have been aware of the rules.

If I am wrong then just like other contributors I ask for good manners to correct the information in a polite and considered way.

When I post advice it is based on my travels and experience which often differs from what is posted on official sites. The Birmingham consulate offering O marriage visas on the day is an example where the website suggest not.

If this section of the site is restricted to experts that is fine by me but very often the facts on the ground do not fit what can be found on the web and which we can all google.

Edited January 10, 2015 by Jay Sata

[theoldgit]

All very interesting, but can we please refrain from "mine's bigger than yours" remarks and irrelevant details of our travels, and stick to answering the questions that other members put forward.

Thank you all.

[Mad Dog]

Okay, so we already have confirmation from Guernsey Immgration that the financial requirement is not compulsary for a settlement visa application. Although the Guernsey version of the rules is rather vague it seems necessary to have secured employment prior to the application and that there be savings available to us. No amounts were mentioned which, hopefully, is a good thing but leaves us in a constant state of wondering how much is enough? We also have confirmation that a British Islands passport can be applied for after five years continuous residency as opposed to the eight years that it seems to take in the U.K.

One quick question for myself though: I only have five months left on my passport and would prefer to renew in Guernsey as it is the only place where I can get a British Islands Bailiwick of Guernsey passport. Can I return to the U.K. with an almost expired passport?

[Jay Sata]

Yes you can return to the UK on an almost expired passport.

Given your plans better you renew your passport in St Peter Port.

You are supposed to be living on the island to do this so you will need a local address.

If I was in your shoes I would arrange accommodation and a job before submitting your application for your wife.

Do you know a deputy?

Best regards

Jay

Edited February 2, 2015 by Jay Sata

[7by7]

Okay, so we already have confirmation from Guernsey Immgration that the financial requirement is not compulsary for a settlement visa application. Although the Guernsey version of the rules is rather vague it seems necessary to have secured employment prior to the application and that there be savings available to us. No amounts were mentioned which, hopefully, is a good thing but leaves us in a constant state of wondering how much is enough?

Again, supposition on my part; but if it's anything like the old UK rules, which I suspect it is, then there is no fixed minimum figure with each case being judged on it's merits.

Which means you will need to show that you can both be adequately maintained and accommodated from your own resources without reliance on the state.

However, to be sure then, unless someone who has actually applied for a Guernsey settlement visa for their foreign spouse replies, again all I can suggest is contacting the Guernsey Border Agency for advice.

Unless nepotism is rife in Guernsey, I fail to see how knowing a Deputy would help. Unless said Deputy has experience and knowledge of the Guernsey immigration rules and so can advise you.

[Jay Sata]

Why give advice on an island you have patently never been to?

[7by7]

You will notice that, unlike you with your many assumptions, guesses and downright wrong 'advice' (which you never even acknowledge is wrong, let alone apologise for) I have made it clear that I am giving an opinion only, albeit an opinion based upon the Guernsey immigration rules

•together you can support yourselves and any dependants without any help from public funds

and that Mad Dog should contact the Guernsey Border Agency for their advice if still not sure.

BTW, I have visited Guernsey; yet another wrong assumption by you.

However, I have not applied to settle in Guernsey with a foreign spouse; have you?

Edited February 3, 2015 by 7by7

[Jay Sata]

The OP stated he was familiar with the Bailiwick website and had read it.

I offered advice as a former resident of St Saviours who is still a regular visitor having banked in St Peter Port for a long time.

You appear to want to be the senior expert on this forum and castigate anyone who you feels cuts in to your territory.

Can you please be more civil and resist having a go at me and others.

Edited February 3, 2015 by Jay Sata

[7by7]

Mr Sata, The OP asked a question; "how much is enough?" I attempted to answer it.

Something you have not done.

I am not going to get into another stupid argument with you and your massive ego.

Regular readers of and contributors to this forum know the truth of the matter.

[Mad Dog]

Okay, seems as if things are coming together now. I have received a job offer to start within the next two months and also have a rental agreement for a house in Guernsey which will be available mid-April. The Wife passed her T.B. exam and English test (99%), my daughter's renewed British passport is ready for collection, although my son's first passport hasn't reached the Trendy yet. Now we are ready to fill out the forms.

I feel really stupid for asking this but which form do I need? I think that VAF4A comes closest to what we need but it seems more geared up to couples who are living apart i.e. the spouse is settled in the U.K. Then it says that an appendix must be filled in too and, again, the relevant appendix (2) refers to 'the spouse of someone who is settled in the U.K.'

Having come this far it seems ludicrous that I could fill in the wrong form! Having searched the gov website there doesn't seem to be a form relevant to couples that have lived together continuously in Thailand for more than ten years.

[7by7]

It can be confusing, but you do have the correct forms.

When they say 'settled in the UK' this also covers an ex pat such as yourself returning to the UK to settle.

[Mad Dog]

Right, we filled out the online application form and, apart from a couple of time-outs and a lot of repetition, we managed to complete it and arrange an interview for Tuesday morning (31st March). Now we're just gathering all of the supporting documents, photocopying them and trying to fill out Appendix 2.

Question 1.27 Does your sponsor have any children? Does this mean children with my wife (yes) or children from a previous relationship (no)?

As previously stated, Guernsey does not have the same financial requirements as the U.K. but I'm trying to fill in this section too as I'm concerned that they might throw out the application if they see a whole section that is incomplete. So onto section 3.3 Income from salaried employment overseas (with job offer in the U.K.) seems to come closest but I am the co-owner of my wife's business and, as such, not salaried. We take a share of the profits but the income is far from regular so I'm not sure that I can accurately provide a figure for annual income. Also, what are categories A-G? I don't see an explanation in the notes.

[Jay Sata]

I am keeping out of advice here now as 7by7 has all the answers.

However a call to White Rock on 01481 741420 might help you.

Edited March 28, 2015 by Jay Sata

[7by7]

Sorry that I missed this before

Right, we filled out the online application form and, apart from a couple of time-outs and a lot of repetition, we managed to complete it and arrange an interview for Tuesday morning (31st March). Now we're just gathering all of the supporting documents, photocopying them and trying to fill out Appendix 2.

Question 1.27 Does your sponsor have any children? Does this mean children with my wife (yes) or children from a previous relationship (no)?

All your children.

As previously stated, Guernsey does not have the same financial requirements as the U.K. but I'm trying to fill in this section too as I'm concerned that they might throw out the application if they see a whole section that is incomplete. So onto section 3.3 Income from salaried employment overseas (with job offer in the U.K.) seems to come closest but I am the co-owner of my wife's business and, as such, not salaried. We take a share of the profits but the income is far from regular so I'm not sure that I can accurately provide a figure for annual income. Also, what are categories A-G? I don't see an explanation in the notes.

Unfortunately, the forms are designed for UK applicants and, although Guernsey and others use the same forms, there is no section for such applicants to complete.

In the absence of advice from someone who has actually made a Guernsey settlement application for their foreign spouse, or been directly involved in such, I concur with Jay Sata above when he repeats the advice given by others previously; i.e. contact Guernsey immigration to ask.

As far as problems submitting the forms are concerned; staff at VFS are probably unaware of the differences between a UK application and a Guernsey one and so may try and advise your wife that the application is incomplete. However, tell her to stand her ground; they must forward the application as is to the embassy if she insists on them so doing.

The ECOs at the embassy should be aware of the procedure, even if they have to look it up, but I would advise making it clear in your sponsor's letter that she is applying to Guernsey, not the UK.

[Paul888]

It is always best to write a covering letter when your situation or circumstances differs from the 'norm'. Just remember to include documentary evidence (bank statements, contracts etc) to support whatever you say in the letter. An ECO can only base a decision on what he sees and believes.

[Mad Dog]

Thanks to all of you for taking the time to offer me your advice. I have been in regular contact with an Immigration Officer at the Guernsey Border Agency and discussions have been very positive. My main concern is getting my wife's application through the necessary channels so that it arrives in Guernsey for the G.B.A. to make their decision. We have both written covering letters that discuss our relationship, our business in Thailand and our desire to relocate to Guernsey and my wife also wrote in Part 5 that we will not be settling in the U.K but Guernsey and that, as such, we are exempt from the financial requirements. Just to confirm this I have printed out an email from G.B.A. setting out exactly what they require from us before they can approve a visa application. Once again, I thank all of you that have contributed to this thread, you have all been very helpful and I hope that we are now in a position to go to Bangkok and submit our application and that we will ultimately get the outcome that we want.

[Jay Sata]

I reckon you have done a good job with your application Mad. dog.

To get things in context the reason you can talk to an immigration officer in St Peter Port is because there are not to many applications such as yours every year .

He is your best point of contact and info.

Can I suggest you just phone or email him for further advice?

Residency restrictions are as you know strict for outsiders but for those who are allowed to live and buy on the local market quite reasonable.

Nice to see 7by7 agreeing with my suggestion and his concession regarding my experience on the island is much appreciated .

Please post on here when its all sorted

I just hope Mrs Mad Dog can cope with Guernsey and is not attracted by the bright lights of Jersey!

Have you thought of Alderney? One of the few places in the world where the town centre is 15 minutes walk from the airport.

best regards

Jay

Edited March 30, 2015 by Jay Sata