The United Kingdom Immigration Acts are extended to the Bailiwick of Guernsey by Orders in Council. As a general rule, matters concerning the entry and stay of persons subject to control under the extended Immigration Acts lie with the Lieutenant Governor of Guernsey as representative of the Crown of England. Most other matters under the extended Acts, such as employment restrictions and prohibitions, lie with the States of Guernsey, Home Department. Secondary legislation is made by the Home Department by Statutory Instrument under the provisions of the extended Immigration Acts. In addition the Lieutenant Governor may issue directions which also deal with the administration of the Acts. Immigration Rules, which deal with the practice to be followed with regard to entry and stay of persons subject to control, are made by the Home Department with the agreement of the Lieutenant Governor. The Guernsey Border Agency is responsible for the administration of the extended Immigration Acts and the Immigration Rules in Guernsey and across the Bailiwick.
In Guernsey, the majority of non-European Economic Area (EEA) nationals require an entry clearance in order to enter and settle. Non-EEA nationals also require an immigration work permit to take any employment in Guernsey, or elsewhere in the Bailiwick. Entry clearances and immigration work permits must be authorised before the person enters the UK or islands. Prior to taking up employment in Guernsey, an applicant would also need to obtain a valid Right to Work document issued by the States of Guernsey, Housing Department. Housing licences issued by the Housing Department are also Right to Work documents. It is important to note that the laws administered by the Housing Department apply to everyone, irrespective of nationality, whilst the extended Immigration Acts apply additionally to those persons who are subject to immigration control.
Employment authorised in the United Kingdom does not apply in the Bailiwick of Guernsey; separate permission is required for non-EEA nationals from the States of Guernsey, Home Department. British citizens or nationals of other EEA countries (including Switzerland, although not part of the EEA) do not require an entry clearance (visa) to enter the Bailiwick of Guernsey to reside nor do they need the permission of the Home Department to take employment. The Home Department will take into account time spent working in the United Kingdom when considering the duration of any locally issued immigration work permit, but the work permit policy is entirely different from that in place in the UK.
The Bailiwick of Guernsey forms part of the Common Travel Area (CTA), the other jurisdictions being the United Kingdom, the Bailiwick of Jersey, the Isle of Man and the Republic of Ireland. The CTA is based on the notion of a travel area which is free from frontier passport controls. This is achieved through the integration of immigration laws throughout the UK and Islands. Immigration controls imposed in the islands have effect in the UK and vice versa.
The Immigration Rules set out the requirements to be met by non-EEA nationals seeking to enter Guernsey. Permission is required for a wide range of categories, including employment, settlement, visits, adoption, etc. Certain non-British citizens are not permitted to enter the Bailiwick of Guernsey, such as those who are the subject of a deportation order and others whose presence here is deemed not to be conducive to the public good.
The Immigration laws act independently but in addition to the Housing laws administered by the States of Guernsey, Housing Department. Persons seeking to enter Guernsey must comply with the requirements of the Immigration Rules for the category in which they seek entry. A copy of the current Immigration Rules can be found on the Guernsey Border Agency website. Further information regarding immigration to Guernsey by non-EEA nationals can be obtained from the Immigration and Nationality Division of the Guernsey Border Agency.