Guernsey Investor Visa – Additional Notes

Paragraph 15, Immigration (Bailiwick of Guernsey) Rules 2008 [Source]

Common Travel Area

15. The United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland collectively form a common travel area. A person who has been examined for the purpose of immigration control at the point at which he entered the area does not normally require leave to enter any other part of it. However certain persons subject to the Immigration (Control of Entry through the Republic of Ireland) (Guernsey) (No. 1) Order 1972 as amended and Immigration (Control of Entry through the Republic of Ireland) (Guernsey) (No. 2) Order 1972  as amended who enter the Bailiwick of Guernsey through the Republic of Ireland do require leave to enter. This includes –

  1. those who merely passed through the Republic of Ireland,
  2. persons requiring visas,
  3. persons who entered the Republic of Ireland unlawfully,
  4. persons who are subject to directions given by the Lieutenant Governor for their exclusion from the Bailiwick of Guernsey on the ground that their exclusion is conducive to the public good,
  5. persons who entered the Republic from the United Kingdom and Islands after entering there unlawfully or overstaying their leave.

Paragraph 128A, Immigration (Bailiwick of Guernsey) Rules 2008 [Source]

128A. For the purposes of references in this Part to requirements for indefinite leave to remain –

  1. “continuous period of 5 years in the Bailiwick of Guernsey” means residence in the Bailiwick of Guernsey for an unbroken period with valid leave, and for these purposes a period shall not be considered to have been broken where –
    1. the applicant has been absent from the Bailiwick of Guernsey for a period of 180 days or less in any of the five consecutive 12 calendar month periods preceding the date of the application for indefinite leave to remain, and
    2. the applicant has existing limited leave to enter or remain upon their departure and return, except that where that leave expired no more than 28 days prior to a further application for entry clearance, that period and any period pending the determination of that application shall be disregarded, and
    3. the applicant has any period of overstaying between periods of entry clearance, leave to enter or leave to remain of up to 28 days and any period of overstaying pending the determination of an application made within that 28 day period disregarded, and

…..

Paragraphs 224-229, Immigration (Bailiwick of Guernsey) Rules 2008 [Source]

INVESTORS

Requirements for leave to enter the Bailiwick of Guernsey as an investor.

224. The requirements to be met by a person seeking leave to enter the Bailiwick of Guernsey as an investor are that he – 

  1. has money of his own under his control and disposable in the Bailiwick of Guernsey amounting to no less than £1 million, and
  2. intends to invest not less than £750,000 of his capital in the Bailiwick of Guernsey or the United Kingdom in a manner that is of benefit to the Bailiwick of Guernsey,
  3. intends to make the Island of Guernsey or the Island of Alderney his main home, and
  4. is able to maintain and accommodate himself and any dependants without taking employment (other than transacting business in connection with his investments) or recourse to public funds, and
  5. holds a valid entry clearance for entry in this capacity.

Leave to enter as an investor.

225. A person seeking leave to enter the Bailiwick of Guernsey as an investor may be admitted for a period not exceeding 2 years in the first instance with a restriction on his right to take employment, provided he is able to produce to the Immigration Officer, on arrival, a valid entry clearance for entry in this capacity.

Refusal of leave to enter as an investor.

226. Leave to enter as an investor is to be refused if a valid entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.

Requirements for an extension of stay as an investor.

227. The requirements for an extension of stay as an investor are that the applicant –

  1. entered the Bailiwick of Guernsey with a valid entry clearance as an investor, and
  2. has no less than £1 million of his own money under his control in the Bailiwick of Guernsey, and
  3. has invested not less than £750,000 of his capital in the Bailiwick of Guernsey or the United Kingdom on the terms set out in paragraph 224(ii) above and intends to maintain that investment on the terms set out in paragraph 224(ii), and
  4. has made the Island of Guernsey or the Island of Alderney his main home, and
  5. is able to maintain and accommodate himself and any dependants without taking employment (other than transacting business in connection with his investments) or recourse to public funds.

Extension of stay as an investor.

228. An extension of stay as an investor, with a restriction on the taking of employment, may be granted for a period not exceeding 3 years at a time provided the Lieutenant Governor is satisfied that each of the requirements of paragraph 227 is met.

Refusal of extension of stay as an investor.

229. An extension of stay as an investor is to be refused if the Lieutenant Governor is not satisfied that each of the requirements of paragraph 227 is met. 

Indefinite leave to remain for an investor.

230. Indefinite leave to remain may be granted, on application, to a person admitted as an investor provided he –

  1. has spent a continuous period of 5 years lawfully in the Bailiwick of Guernsey in this capacity, and
  2. has met the requirements of paragraph 227 throughout the 5 year period including the requirement as to the investment of £750,000 and continues to do so, and
  3. has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom and Bailiwick of Guernsey, unless he is under the age of 18 or aged 65 or over at the time he makes his application, and
  4. does not fall for refusal under the general grounds for refusal, and
  5. is not in the Bailiwick of Guernsey in breach of immigration laws, except that any period of overstaying for a period of 28 days or less will be disregarded.

Paragraphs 240-245, Immigration (Bailiwick of Guernsey) Rules 2008 [Source]

SPOUSES OF PERSONS WHO HAVE OR HAVE HAD LIMITED LEAVE TO ENTER OR REMAIN UNDER PARAGRAPHS 200-239

Requirements for leave to enter as the spouse of a person with limited leave to enter or remain under paragraphs 200-239.

240. The requirements to be met by a person seeking leave to enter the Bailiwick of Guernsey as the spouse of a person with limited leave to enter or remain in the Bailiwick of Guernsey under paragraphs 200-239 are that –

  1. the applicant is married to a person with limited leave to enter or remain in the Bailiwick of Guernsey under paragraphs 200-239, and
  2. each of the parties intends to live with the other as his or her spouse during the applicant’s stay and the marriage is subsisting, and
  3. there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively, and
  4. the parties will be able to maintain themselves and any dependants adequately without recourse to public funds, and
  5. the applicant does not intend to stay in the Bailiwick of Guernsey beyond any period of leave granted to his spouse, and
  6. the applicant holds a valid entry clearance for entry in this capacity.

241. A person seeking limited leave to enter the Bailiwick of Guernsey as the spouse of a person with limited leave to enter or remain in the Bailiwick of Guernsey under paragraphs 200-239 may be given leave to enter for a period not in excess of that granted to the person with limited leave to enter or remain under paragraphs 200-239 provided the Immigration Officer is satisfied that each of the requirements of paragraph 240 is met.

Refusal of leave to enter as the spouse of a person with limited leave to enter or remain in the Bailiwick of Guernsey under paragraphs 200-239.

242. Leave to enter the Bailiwick of Guernsey as the spouse of a person with limited leave to enter or remain in the Bailiwick of Guernsey under paragraphs 200-239 is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 240 is met.

Requirements for extension of stay as the spouse of a person who has or has had leave to enter or remain in the Bailiwick of Guernsey under paragraphs 200-239.

242A. The requirements to be met by a person seeking an extension of stay in the Bailiwick of Guernsey as the spouse of a person who has or has had leave to enter or remain under paragraphs 200-239 are that the applicant –

  1. is married to a person with limited leave to enter or remain in the Bailiwick of Guernsey under paragraphs 200-239, or
  2. is married to a person who has limited leave to enter or remain in the Bailiwick of Guernsey under paragraphs 200-239 and who is being granted indefinite leave to remain at the same time, or
  3. is married to a person who has indefinite leave to remain in the Bailiwick of Guernsey and who had limited leave to enter or remain in the Bailiwick of Guernsey under paragraphs 200-239 immediately before being granted indefinite leave to remain, and
  4. meets the requirements of paragraph 240(ii)–(v), and
  5. was admitted with a valid entry clearance for entry in this capacity, and
  6. is not in the Bailiwick of Guernsey in breach of immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded.

Extension of stay as the spouse of a person who has or has had leave to enter or remain in the Bailiwick of Guernsey under paragraphs 200-239.

242B. An extension of stay in the Bailiwick of Guernsey as –

  1. the spouse of a person who has limited leave to enter or remain under paragraphs 200-239 may be granted for a period not in excess of that granted to the person with limited to enter or remain, or
  2. the spouse or of a person who is being admitted at the same time for settlement or the spouse of a person who has indefinite leave to remain may be granted for a period not exceeding 2 years, in both instances, provided the Lieutenant Governor is satisfied that each of the requirements of paragraph 242A is met.

Refusal of extension of stay as the spouse of a person who has or has had leave to enter or remain in the Bailiwick of Guernsey under paragraphs 200-239.

242C. An extension of stay in the Bailiwick of Guernsey as the spouse of a person who has or has had leave to enter or remain under paragraphs 200-239 is to be refused if the Lieutenant Governor is not satisfied that each of the requirements of paragraph 242A is met.

Requirements for indefinite leave to remain as the spouse of a person who has or has had leave to enter or remain in the Bailiwick of Guernsey under paragraphs 200-239.

242D. The requirements to be met by a person seeking indefinite leave to remain in the Bailiwick of Guernsey as the spouse of a person who has or has had leave to enter or remain in the Bailiwick of Guernsey under paragraphs 200-239 are that the applicant –

  1. is married to a person who has limited leave to enter or remain in the Bailiwick of Guernsey under paragraphs 200-239 and who is being granted indefinite leave to remain at the same time, or
  2. is married to a person who has indefinite leave to remain in the Bailiwick of Guernsey and who had limited leave to enter or remain under paragraphs 200-239 immediately before being granted indefinite leave to remain, and
  3. meets the requirements of paragraph 240(ii) to (v),
  4. has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom and Bailiwick of Guernsey, unless the applicant is under the age of 18 or aged 65 or over at the time he makes his application, and
  5. was admitted with a valid entry clearance for entry in this capacity, and
  6. does not fall for refusal under the general grounds for refusal, and
  7. is not in the Bailiwick of Guernsey in breach of immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded.

Indefinite leave to remain as the spouse of a person who has or has had leave to enter or remain in the Bailiwick of Guernsey under paragraphs 200-239.

242E. Indefinite leave to remain in the Bailiwick of Guernsey as the spouse of a person who has or has had limited leave to enter or remain in the Bailiwick of Guernsey under paragraphs 200-239 may be granted provided the Lieutenant Governor is satisfied that each of the requirements of paragraph 242D is met.

Refusal of indefinite leave to remain as the spouse of a person who has or has had leave to enter or remain in the Bailiwick of Guernsey under paragraphs 200-239.

242F. Indefinite leave to remain in the Bailiwick of Guernsey as the spouse of a person who has or has had limited leave to enter or remain in the Bailiwick of Guernsey under paragraphs 200-239 is to be refused if the Lieutenant Governor is not satisfied that each of the requirements of paragraph 242D is met.

CHILDREN OF PERSONS WITH LIMITED LEAVE TO ENTER OR REMAIN UNDER PARAGRAPHS 200-239

Requirements for leave to enter or remain as the child of a person with limited leave to enter or remain in the Bailiwick of Guernsey under paragraphs 200-239.

243. The requirements to be met by a person seeking leave to enter or remain in the Bailiwick of Guernsey as a child of a person with limited leave to enter or remain in the Bailiwick of Guernsey under paragraphs 200 239 are that –

  1. he is the child of a parent who has leave to enter or remain in the Bailiwick of Guernsey under paragraphs 200-239, and
  2. he is under the age of 18 or has current leave to enter or remain in this capacity, and
  3. he is unmarried, has not formed an independent family unit and is not leading an independent life, and
  4. he can and will be maintained and accommodated adequately without recourse to public funds in accommodation which his parent(s) own or occupy exclusively, and
  5. he will not stay in the Bailiwick of Guernsey beyond any period of leave granted to his parent(s), and
  6. both parents are being or have been admitted to or allowed to remain in the Bailiwick of Guernsey save where –
    1. the parent he is accompanying or joining is his sole surviving parent, or
    2. the parent he is accompanying or joining has had sole responsibility for his upbringing, or
    3. there are serious and compelling family or other considerations which make exclusion from the

Bailiwick of Guernsey undesirable and suitable arrangements have been made for his care, and

  • if seeking leave to enter, he holds a valid entry clearance for entry in this capacity or, if seeking leave to remain, he was admitted with a valid entry clearance for entry in this capacity, or
  • if seeking leave to remain, he is not in the Bailiwick of Guernsey in breach of immigration laws, except that any period of overstaying for a period of 28 days or less will be disregarded.

Leave to enter or remain as the child of a person with limited leave to enter or remain in the Bailiwick of Guernsey under paragraphs 200-239.

244. A person seeking leave to enter or remain in the Bailiwick of Guernsey as the child of a person with limited leave to enter or remain in the Bailiwick of Guernsey under paragraphs 200-239 may be admitted to or allowed to remain in the Bailiwick of Guernsey for the same period of leave as that granted to the person given limited leave to enter or remain under paragraphs 200-239 provided that, in relation to an application for leave to enter, he is able to produce to the Immigration Officer, on arrival, a valid entry clearance for entry in this capacity or, in the case of an application for limited leave to remain, he was admitted with a valid entry clearance for entry in this capacity and is able to satisfy the Lieutenant Governor that each of the requirements of paragraph 243(i)-(vi) and (viii) is met. An application for  indefinite leave to remain in this category may be granted provided the applicant was admitted with a valid entry clearance for entry in this capacity and is able to satisfy the Lieutenant Governor that each of the requirements of paragraph 243(i)-(vi) and (viii) is met and provided indefinite leave to remain is, at the same time, being granted to the person with limited leave to remain under paragraphs 200-239.

Refusal of leave to enter or remain as the child of a person with limited leave to enter or remain in the Bailiwick of Guernsey under paragraphs 200 239.

245. Leave to enter or remain in the Bailiwick of Guernsey as the child of a person with limited leave to enter or remain in the Bailiwick of Guernsey under paragraph 200-239 is to be refused if, in relation to an application for leave to enter, a valid entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival or, in the case of an application for limited leave to remain, if the applicant was not admitted with a valid entry clearance for entry in this capacity or is unable to satisfy the Lieutenant Governor that each of the requirements of paragraph 243(i)-(vi) and (viii) is met. An application for indefinite leave to remain in this capacity is to be refused if the applicant was not admitted with a valid entry clearance for entry in this capacity or is unable to satisfy the Lieutenant Governor that each of the requirements of paragraph 243(i)-(vi) and (viii) is met or if indefinite leave to remain is not, at the same time being granted to the person with limited leave to remain under paragraphs 200-239.

Section 6(1) British Nationality Act 1981

  1. Subject to paragraph 2, the requirements for naturalisation as a British citizen under section 6(1) are, in the case of any person who applies for it—
    1. the requirements specified in sub-paragraph (2) of this paragraph, or the alternative requirement specified in sub-paragraph (3) of this paragraph; and
    2. that he is of good character; and
    3. that he has a sufficient knowledge of the English, Welsh or Scottish Gaelic language; and
      1. that he has sufficient knowledge about life in the United Kingdom; and
    4. that either—
      1. his intentions are such that, in the event of a certificate of naturalisation as a British citizen being granted to him, his home or (if he has more than one) his principal home will be in the United Kingdom; or
      2. he intends, in the event of such a certificate being granted to him, to enter into, or continue in, Crown service under the government of the United Kingdom, or service under an international organisation of which the United Kingdom or Her Majesty’s government therein is a member, or service in the employment of a company or association established in the United Kingdom.
  2. The requirements referred to in sub-paragraph (1)(a) of this paragraph are—
    1. that the applicant was in the United Kingdom at the beginning of the period of five years ending with the date of the application, and that the number of days on which he was absent from the United Kingdom in that period does not exceed 450; and
    2. that the number of days on which he was absent from the United Kingdom in the period of twelve months so ending does not exceed 90; and
    3. that he was not at any time in the period of twelve months so ending subject under the immigration laws to any restriction on the period for which he might remain in the United Kingdom; and
    4. that he was not at any time in the period of five years so ending in the United Kingdom in breach of the immigration laws.

The Immigration Nationality and Fees Regulations 2018 [Source]

Tax Notes:

  • It costs 500m to provide the public services. Guernsey only needs 
  • There is no corporate tax for most businesses. 
  • Income tax is at 20%. There is an income tax for new residents. There is an income tax of 50k for 4 years.  130 / 260 – maximum tax paid.
  • £750,000 placed on deposit in a GFSC-regulated Guernsey bank. These can be funds which simply sit in an account. It does not need to be a investment account – it only needs to be a deposit account. Example interest rates at the time of writing are around the 1.75% mark.  interest from Skiptons. https://www.skiptoninternational.com/ They usually have the highest rates. They are a licenced deposit taker. They are licenced. As for the chicken and egg challenge of ‘you need residence to open an account’ and you need an account to get residence. You would need to engage to get through this. The balance on 250k just needs to be available. It does not itself need to be deposited – so it can stay overseas. Upon review at any time, the total 1m must always be available. The spirit of the rules is that the full 1m should be in Guernsey. Guernsey is conscious that the 1m is lower than the 2m in the UK. 
  • (In addition to the property in which the applicant lives), the purchase and retention of an Open Market property of a value no less than £750,000. There are approximately 1,700 Open Market properties. You can have a hope in Guernsey for around £700k+ There are 5-6 agents who have good Open Market expertise. There is a selection box – ‘open market’. 
  • business visits – on a day trip.
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