The admission and stay of persons other than British citizens is governed by statute in the form of various United Kingdom Immigration Acts extended by order in council to the Bailiwick of Guernsey, in effect, making them Bailiwick law. For these purposes British citizen includes other Commonwealth citizens who have the Right of Abode in the United Kingdom. The Immigration Acts regulate the entry and stay of all foreign nationals and Commonwealth citizens to some degree.
Nationals of the European Economic Area (EEA) and Switzerland
- Because of our relationship with the European Union (EU) together with the effect of Protocol 3 to the Treaty of Accession of the United Kingdom, nationals of Member States of the EU may enter and stay in the Bailiwick with little regulation though they may be refused entry or deported in certain circumstances where, for example, criminality is involved. This also applies to nationals of Iceland, Liechtenstein and Norway, which together with the EU forms the EEA, and Switzerland.
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Nationals of other countries (including Stateless)
- Nationals of other countries require permission to enter and / or stay in the Bailiwick. This is known as "leave to enter" or "leave to remain" and is granted to persons who qualify under the Immigration Rules. The Rules set out, in detail, requirements and / or restrictions for persons entering and / or staying in the Bailiwick of Guernsey. The Rules also set out grounds for refusing entry or stay and for deportation.
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Other Bailiwick Laws
- Please note that there are additional separate laws, other than the Immigration Acts, which apply in the separate islands of the Bailiwick which restrict the occupation of dwellings and / or employment.
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Immigration Rules - General
- The Guernsey Immigration Rules make provision as to the practice to be followed in the administration of the Immigration Acts 1971, 1988 and 1999 as extended to the Bailiwick of Guernsey.
- The Rules regulate entry into and the stay in the Bailiwick of Guernsey of Commonwealth citizens, British protected persons, nationals of member states of the European Economic Area and Switzerland, nationals of foreign states outside the European Economic Area and stateless persons.
- The Rules are made by the States of Guernsey Home Department with the concurrence of His Excellency the Lieutenant Governor and can be found in the downloads section of this page.
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Immigration Rules - Children
- Can I bring my child to the Bailiwick of Guernsey to live with me?
- You can bring your child to The Bailiwick of Guernsey to live with you if you can show that:
- You currently live and are lawfully settled in the Bailiwick of Guernsey i.e. with no time limit on your stay
- You have adequate accommodation where you can all live without help from public funds
- You are the child's parent (this includes the stepfather or stepmother of a child whose father or mother has passed away, both the father and mother of an illegitimate child and an adoptive parent in certain defined circumstances)
- I am not settled in the Bailiwick of Guernsey so can I still bring my child to the Bailiwick of Guernsey?
- If you are here in another immigration category it may be possible for your child to join you. For further information please contact the Immigration and Nationality Section.
- How can my child qualify to join me in the Bailiwick of Guernsey?
- Your child must show that:
- They are not leading an independent life, are not married and have not formed an independent family unit
- They are under the age of 18 years
- Important - Children cannot normally come to live in Bailiwick of Guernsey if one parent is living abroad, unless the parent here has sole responsibility for the child, or if there are serious reasons why the child must be allowed to come here.
- Your child must get a visa / entry clearance before they travel to Bailiwick of Guernsey.
- How long can my child stay?
- If both you and your husband or wife are settled here or you have sole responsibility for the child, they will normally be allowed to stay here permanently from the date they arrive.
- If your child comes here with your husband or wife, they will normally be given permission to stay in Bailiwick of Guernsey for the same length of time as your husband or wife. If your husband or wife is allowed to stay here permanently, your child will normally be allowed to stay here permanently as well.
- Can I bring an adopted child to the Bailiwick of Guernsey?
- For Information on how an adopted child may be brought to the Bailiwick of Guernsey, please contact the Immigration and Nationality Section for advice regarding visas etc. Please note that the Immigration Section may seek the advice of the Services for Children & Young People Directorate of the States of Guernsey Health and Social Services Department.
- I am a permanent resident here, and I wish to adopt a child from abroad, what should I do?
- In the first instance you should contact the Services for Children & Young People Directorate;
Perruque House,
Rue de la Perruque,
Castel, Guernsey.
GY5 7NT,
Tel: 01481 256923- When you have clarified the situation with the Services for Children & Young People Directorate, further information concerning visas may be obtained from the Immigration and Nationality Division.
- Follow this link to contact us if you'd like more information or guidance.
Immigration Rules - Fiancé(e)s
- Can I join my fiancé(e) in the Bailiwick of Guernsey?
- You can apply to join your fiancé(e) in the Bailiwick of Guernsey as long as:
- They currently live and are settled in the Bailiwick of Guernsey
- They are coming to live permanently in the Bailiwick of Guernsey.
- What does "present and settled" mean?
- 'Settled' means being ordinarily resident in the Bailiwick of Guernsey without being subject to any time restriction imposed under the extended Immigration Acts on the period for which a person may remain in the Bailiwick.
- "Present and settled" means that the person concerned is settled in the Bailiwick of Guernsey and, at the time your application is being considered under the Immigration Rules, is physically present in the Bailiwick of Guernsey or is coming here with you, or to join you and plans to live with you in the Bailiwick of Guernsey if your application is successful.
- How do I qualify to join my fiancé / fiancée in the Bailiwick of Guernsey?
- You must show that:
- You plan to marry within a reasonable time (usually six months)
- You plan to live together permanently after you are married
- You have met each other before
- There is somewhere for you and your dependants to live until you get married, and you will be able to live without help from public funds
- You and your dependants can be supported without working or claiming any help from public funds.
- You must show that you meet certain language requirements. You can read more about these language requirements in the download on this page.
- You will be allowed to stay in the Bailiwick of Guernsey for six months but you will not be able to take employment of any sort.
- When you are married, you can apply for a 30 month extension to your visa. Near the end of that period, if you are still married and intend to continue living together you will need to apply for a further 30 month extension to your permission to live here. You will be allowed to work throughout that 60 month period should you wish. After 60 months, and again provided you are still married and intend to continue living together, you will be able to apply to stay permanently in the Bailiwick of Guernsey; application can be made near the end of that 60 month period.
- Can my children join me and my fiancé(e) in the Bailiwick of Guernsey?
- Please see the above section "Immigration Rules Children" to read more about children who want to live in the Bailiwick of Guernsey.
- Do I need a visa / Entry Clearance?
- You must get a visa or Entry Clearance before you travel to the Bailiwick of Guernsey as a fiancé(e).
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Immigration Rules - Relationships akin to marriage
- Can I join my unmarried or same sex partner in the Bailiwick of Guernsey?
- You can apply to join your unmarried or same sex partner in the Bailiwick of Guernsey as long as:
- They currently live and are settled in the Bailiwick of Guernsey, or they are coming to live permanently in the Bailiwick of Guernsey
- You are aged over 18 and your partner is over 18.
- What does "present and settled" mean?
- 'Settled' means being ordinarily resident in the Bailiwick of Guernsey without being subject to any time restriction imposed under the extended Immigration Acts on the period for which a person may remain in the Bailiwick.
- "Present and settled" means that the person concerned is settled in the Bailiwick of Guernsey and, at the time your application is being considered under the Immigration Rules, is physically present in the Bailiwick of Guernsey or is coming here with you, or to join you and plans to live with you in the Bailiwick of Guernsey if your application is successful.
- How do I qualify to join my unmarried or same sex partner in the Bailiwick of Guernsey?
- You and your unmarried or same sex partner must show that:
- Any previous marriage or similar relationship, has permanently broken down
- You have been living together in a relationship similar to marriage for two years or more
- You have suitable accommodation which is owned or lived in only by you and your household, and where you and your dependants can live without any help from public funds
- You can support yourselves and any dependants without any help from public funds
- You intend to live together permanently
- Your partner is not under 18 years of age
- You are not under 18 years of age
- You meet certain language requirements. More information about these language requirements can be found in the download on this page.
- Do I need a visa / Entry Clearance?
- You must get a visa or Entry Clearance before you travel to the Bailiwick of Guernsey as an unmarried or same sex partner.
- The Entry Clearance Officer will need to see evidence of a two-year relationship. This may include:
- Documents showing joint commitments, such as bank accounts, investments, rent agreements or mortgages
- Letters linking you to the same address
- Official records of your address, such as your National Insurance card or health card.
- At first, you will be allowed to stay and work in the Bailiwick of Guernsey for a period not exceeding 33 months. Near the end of that period, if you are still intend to continue living together as partners you will need to apply for a further 30 month extension to your permission to live here. After 60 months, again, provided you are still intend to continue living together as partners, you will be able to apply to stay permanently in the Bailiwick of Guernsey; application can be made near the end of that 60 month period.
- Can my children join me and my unmarried or same sex partner in the Bailiwick of Guernsey?
- Please see the above section "Immigration Rules Children" to read more about children who want to live in the Bailiwick of Guernsey.
- Further information can be found in the downloads on this page
- Follow this link to contact us if you'd like more information or guidance.
Immigration Rules - Spouses
- Can I join my spouse in the Bailiwick of Guernsey?
- You can apply to join your Spouse in the Bailiwick of Guernsey as long as:
- They currently live and are settled in the Bailiwick of Guernsey
- They are coming to live permanently in the Bailiwick of Guernsey
- How do I qualify to join my spouse in the Bailiwick of Guernsey?
- You must show that:
- You are legally married to each other
- Your spouse is present and settled in the Bailiwick of Guernsey (see below)
- You both intend to live together permanently as husband and wife
- You have met each other before
- Together you can support yourselves and any dependants without any help from public funds
- You have suitable accommodation, which is owned or lived in only by you and your household, and where you and your dependants can live without any help from public funds
- Your spouse is not under 18
- You are not under 18
- You meet certain language requirements. More information about language requirements can be found in the downloads on this page.
- If your spouse has more than one wife or husband, only one will be allowed to join them in the Bailiwick of Guernsey.
- At first, you will be allowed to stay and work in the Bailiwick of Guernsey for a period not exceeding 33 months. Near the end of that period, if you are still married and intend to continue living together you will need to apply for a further 30 month extension to your permission to live here. After 60 months, and again provided you are still married and intend to continue living together, you will be able to apply to stay permanently in the Bailiwick of Guernsey; application can be made near the end of that 60 month period.
- The Immigration and Nationality Division will deal with your application to stay permanently and give you information on what you will need to do.
- What does "present and settled" mean?
- "Settled' means being ordinarily resident in the Bailiwick of Guernsey without being subject to any time restriction imposed under the extended Immigration Acts on the period for which a person may remain in the Bailiwick.
- "Present and settled" means that the person concerned is settled in the Bailiwick of Guernsey and, at the time your application is being considered under the Immigration Rules, is physically present in the Bailiwick of Guernsey or is coming here with you, or to join you and plans to live with you in the Bailiwick of Guernsey if your application is successful.
- Can my children join me and my husband, wife, in the Bailiwick of Guernsey?
- Please see the above section "Immigration Rules Children" to read more about children who want to live in the Bailiwick of Guernsey.
- Do I need a visa / Entry Clearance?
- You must get a visa or Entry Clearance before you travel to the Bailiwick of Guernsey as a Spouse.
- The rules for going to the Bailiwick of Guernsey are different if you or your spouse (your 'sponsor') is a national of another member state of the European Economic Area (EEA) or Switzerland. EEA members are the member states of the European Union, plus Iceland, Norway and Liechtenstein. Further information can be obtained from your nearest British mission overseas that offers a visa service.
- Follow this link to contact us if you'd like more information or guidance.
Immigration Rules - Procedure for reviewing immigration decisions
- The following explains the procedure for reviewing immigration decisions made in the Bailiwick of Guernsey and describes the procedure for reviewing those decisions. Not all immigration decisions will be reviewed. The criteria for such reviews are set out in the Immigration Rules document which can be found below.
- References to 'immigration decisions' mean decisions made under The Immigration (Bailiwick of Guernsey) Rules 2008 ('the Rules')
- All references to 'Division' in this document refer to the Immigration and Nationality Section of the Guernsey Border Agency.
- Background
- Decisions concerning the admission of foreign nationals to the Bailiwick of Guernsey are made by Immigration Officers acting under the provisions of the Immigration Act 1971, as extended to the Bailiwick by the Immigration (Guernsey) Order 1993 and the Immigration (Bailiwick of Guernsey) Rules 2008. Paragraph 1 (3) of schedule 2 to the Immigration Act 1971, as extended, states that Immigration Officers shall act in accordance with such directions as may be given them by the Lieutenant Governor, as respects the entry of persons into the Bailiwick and the period for which such persons may remain.
- Certain immigration decisions may be subject to Judicial Review and the provisions of the Human Rights (Bailiwick of Guernsey) Law 2000 apply to decisions made (see sub-paragraph 6 below).
- The applicant will be informed in writing of the decision and the reasons for it. The applicant will also be advised whether the decision can be reviewed.
- Provided the applicant who has requested a review has valid leave to enter or remain they may ask for a review of the decision whilst they are in Guernsey. Should their leave expire before a review is concluded, they will not be required to return abroad during the review process. In such cases temporary permission to remain will be granted to cover the review process.
- Enforcement action to remove a person applying to have a review of an Immigration decision will not be suspended, and that review will be conducted whilst the applicant is outside the United Kingdom and Islands. This includes persons who no longer have valid leave to enter or remain or are otherwise unlawfully in the Bailiwick of Guernsey.
- Immigration decisions which may be reviewed
- Immigration decision may be reviewed if the applicant believes:
- an immigration decision is not in accordance with the Rules; or
- an immigration decision is otherwise not in accordance with the law; or
- if the immigration rules allowed the person who made the decision to exercise his/her own judgement on the circumstances of the case and his/her judgement should have been exercised differently
- The main types of reviews considered by the Division are against decisions to:
- refuse a person entry, or entry clearance to, or leave to remain in, the Bailiwick of Guernsey for permanent settlement, or
- refuse a person entry to the Bailiwick of Guernsey as the dependent of a work permit holder, or
- refuse a person entry to the Bailiwick of Guernsey for a family visit.
- For these purposes, family means:
a) spouse, father, mother, son, daughter, grandfather, grandmother, grandson, granddaughter, brother, sister, uncle, aunt, nephew, niece or first cousin*;
b) father-in law, mother-in-law, brother-in-law or sister-in-law;
c) stepfather, stepmother, stepson, stepdaughter, stepbrother or stepsister;
d) spouse's son or daughter;
e) a person with whom the family visitor has lived as a member of an unmarried couple for at least two of the three years before the day on which his application for entry clearance was made.- "First cousin" means the uncle's or aunt's son or daughter.
- Immigration decisions which will not be reviewed:
- An Immigration decision will not be reviewed where the applicant:
- is seeking to enter or stay in the Bailiwick of Guernsey as a visitor other than for a family visit as defined in 3.2 above.
- is seeking to stay in the Bailiwick of Guernsey for a purpose other than one for which leave to enter or remain may be granted in accordance with the Rules;
- does not satisfy a requirement of the Rules e.g. entry clearance, age or nationality requirement;
- has failed to produce a valid national passport or other document satisfactorily establishing identity and nationality; or
- is seeking to stay in the Bailiwick of Guernsey for a period greater than that permitted by the Rules.
- is refused permission to take employment;
- has a condition prohibiting employment attached to their leave to enter or remain; or
- submitted an application to extend their stay or for permanent residence after their existing leave to enter or remain in the Bailiwick of Guernsey already expired.
- Review Procedures
- Any application for a review of an Immigration decision must be made in writing to the Assistant Chief Officer, Head of Borders, Immigration and Nationality Section, Guernsey Border Agency, White Rock, St Peter Port, Guernsey, GY1 2LL no later than 14 days from receipt of the letter advising of the Immigration decision. The Assistant Chief Officer will acknowledge receipt of a request for a review in writing and arrange for a review to be undertaken by a member of the Division's Senior Management team who was not involved with the original decision. The outcome of such a review will be provided to the applicant in writing, with the full reasons for the decision.
- If the applicant is not satisfied with the outcome of a review conducted under paragraph 5.1 above, they may request that the application be referred to the Chief Officer of Law Enforcement for a review. The outcome of such a review will be provided in writing.
- Should the applicant wish to seek leave to apply for Judicial Review, they are advised to contact an Advocate of the Royal Court of Guernsey.
- If acting on behalf of an applicant, the Division will need to be satisfied that the person requesting the review has written authority from the applicant to act on their behalf and for all relevant information to be disclosed in accordance with the provisions of the Data Protection (Bailiwick of Guernsey) Law 2001.
- Human Rights (Bailiwick of Guernsey) Law 2000
- On 22 January 2001, the Human Rights (Bailiwick of Guernsey) Law, 2000 was registered in the Royal Court. The Law was brought into force on 1 September 2006 by virtue of the Human Rights (Bailiwick of Guernsey) Law, 2000 (Commencement) Ordinance, 2006.
- The Human Rights Law incorporates provisions from the European Convention on Human Rights into Bailiwick law. The Law makes it unlawful for a public authority to act incompatibly with the Convention rights and allows for a case to be brought in a Bailiwick court or tribunal against the authority if it does so. However, a public authority will not have acted unlawfully under the Law if as the result of a provision of primary legislation it could not have acted differently.
- If the applicant considers that a decision made by the Division has breached their human rights then they are advised to seek legal advice.
- Further Advice
- For further advice regarding reviews of Immigration decisions, please contact the Guernsey Border Agency, Immigration and Nationality Section.
- Follow this link to contact us if you'd like more information or guidance.
Immigration Fees
- (Applicable to applications submitted on or after 1st June 2015) Immigration fees are set out in the Immigration and Asylum Act 1999 (Fees) (Bailiwick of Guernsey) Order, 2015 (2015 No. 38). The Order sets out fees payable in connection with applications for permission to stay in the Bailiwick of Guernsey submitted by certain foreign and Commonwealth nationals who require leave to remain under the Immigration Acts
- The Fees are:
- Leave to remain or variation of leave to remain in the Bailiwick of Guernsey for a limited period £811
- Variation of leave to enter in the Bailiwick of Guernsey £811
- For leave to remain in the Bailiwick for an indefinite period £1875
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