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L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Leave to Enter and Remain (Amendment) Directions 2019

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made on 27 March 2019:

MINISTERIAL DECISION REFERENCE: MD-HA-2019-0035

Decision Date: 26th March 2019

DECISION SUMMARY TITLE: Changes to the Leave to Enter and Remain Directions

DECISION SUMMARY AUTHOR:

Private Secretary to the Minister for Home Affairs

IS THE DECISION SUMMARY PUBLIC OR EXEMPT?  (if exempt state the relevant article/paragraph of the Freedom of Information Law/Regulations)

Public

REPORT TITLE: Changes to the Leave to Enter and Remain Directions

REPORT AUTHOR OR NAME OF PERSON GIVING REPORT:  (if different from Decision  Summary Author)

Private Secretary to the Minister for Home Affairs

IS THE REPORT PUBLIC OR EXEMPT  (if exempt state the relevant article/paragraph of the Freedom of Information Law/Regulations)

Oral report

DECISION AND REASON FOR THE DECISION:

The Minister for Home Affairs decided to make the Leave to Enter and Remain (Amendment) Directions 2019 (“the Directions”).  The Directions amend the Leave to Enter and Remain Directions 2017.

 

The effects of the amendments will be –

  • that where a person who has been granted indefinite leave under the Jersey Settled Status Scheme leaves the British Islands, their leave does not lapse by a continuous period of absence of up to 5 years (4 years in the case of Swiss nationals);
  • to clarify that it is only absences from Jersey, the United Kingdom, Guernsey and the Isle of Man as a whole that cause leave to lapse, as opposed to absences merely from Jersey; and
  • to make further provision about leave not lapsing where the person is on Crown service overseas or is a member of HM Forces serving overseas, or is accompanying such a person, in particular to include where this leave has been granted under the Settled Status Scheme.

 

The Directions come into force on 30 March 2019 in tandem with the equivalent UK provisions made by Part 2, Chapter 2, of the Immigration (European Economic Area Nationals) (EU Exit) Order 2019 – SI 2019 No. 686

http://www.legislation.gov.uk/uksi/2019/686/made/data.pdf ).

 

RESOURCE IMPLICATIONS: There are no financial or manpower implications arising from this decision.

 

ACTION REQUIRED: The Minister to sign the Directions; and the Leave to Enter and Remain Directions 2017 in their amended form to be made available on gov.je.

 

SIGNATURE:

 

 

 

POSITION:

 

Connétable Len Norman

Minister for Home Affairs

DATE SIGNED:

EFFECTIVE DATE OF THE DECISION:

 

 

 

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