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Jersey’s Future Immigration System consultation

DepartmentJustice and Home Affairs
Start date18/11/2019
End date17/01/2020
Type of consultationOther
Deadline for comments17/01/2020

About the consultation

The aims of this consultation are to:

  1. introduce the background and reasoning for the UK’s future immigration policy
  2. invite feedback, comment and suggestion to help develop the Government of Jersey’s aligned new immigration system
  3. maintain engagement with Jersey residents, businesses and other stakeholders

Background

The anticipated departure of the UK from the European Union (Brexit) in January 2020, and the UK’s recently published policy intent have provided a basis for how the UK’s Future Border and Immigration System (FBIS) may look.

The UK Government are now in the process of engaging with businesses to shape their final FBIS policy. 

Due to our membership of the Common Travel Area (CTA) - which permits Passport-free travel between the Crown Dependencies, the UK and Republic or Ireland - Jersey’s Future Immigration System will need to be aligned to the UK’s. 

Jersey Customs and Immigration Service (JCIS) are engaging with Island businesses and introducing the UK’s policy intent to ensure that local immigration policies are adapted to meet the needs of the Jersey business community; while simultaneously maintaining the Islands CTA obligations and security.

JCIS invites constructive and reasoned feedback on the UK’s proposals. This will be compiled and submitted to the Government of Jersey to enable the formation of Jersey’s own immigration policy and system.

Common Travel Area (CTA)

The CTA includes the UK, Eire (Republic of Ireland), Isle of Man and the Channel Islands and was formed before either the UK or Ireland were members of the EU. There are no routine immigration controls on journeys within the CTA, hence the requirement for an aligned immigration control across the CTA.

Current immigration controls

Currently, EU nationals travel and migrate across Europe freely and require no immigration permission to enter or settle in the CTA.

Non-EU nationals require a visa if they wish to do anything other than visit and some even need a visa to visit. If they wish to work their employer must obtain a Work Permit and there are limited work sectors currently available.

UK Government White Paper Proposals for Future Immigration

The UK Government published proposals for its FBIS in December 2018 and have made additional publications since then. 

FBIS will be in place on 1 January 2021 and its key elements are: 

  • end of EU free movement
  • a single global immigration system
  • permissions based on talent and skills 
  • not all nationalities will be treated the same

In the UK, from 1 January 2021, all non-British or non-Irish nationals will require an immigration permission to lawfully be in the UK. The Jersey EU Settlement Scheme is available to all resident EU citizens to acquire an immigration permission.

UK's future skills-based immigration system on gov.uk

UK proposals for visitors

EU nationals will not require visas to visit or study for up to 6 months but will do for any longer duration. 

UK proposals for students

A visa will be required for study for more than 6 months duration. In addition, 6 months post-study leave will be offered to those who have completed a degree to allow time to find work.

UK proposals for workers

Proposed FBIS introduces 2 new worker routes:

  • skilled worker
  • temporary worker

Skilled worker

The proposed FBIS introduces 2 new worker routes:

Skilled worker (available to all nationals)

It requires:

  • a visa
  • a work permit (In Jersey a Population Office licence is a requirement for an Immigration Work Permit)
  • education to ‘A’ level
  • a £30k minimum salary

There is no limit to employment sectors.

More recent UK publications show a move to a Points Based System, which is may change the qualifying criteria for this immigration route

Temporary worker (open to low-risk country nationals only)

Proposed low risk countries are all EEA countries and may include the seven B5JSSK countries of Australia, Canada, Japan, New Zealand, Singapore, South Korea and USA.

It has minimal requirements, only requiring a visa.

However, as a temporary worker:

  • you will have no access to public funds
  • it won’t lead to settlement
  • it won’t allow family members to come
  • there is a limited 12 months stay with a requirement to then leave the CTA for at least 12 months

The temporary worker route is a mechanism allowing employers to continue to employ EU national workers at any skill level for a transitional period, to be reviewed in 2025.

UK's future skills-based immigration system on gov.uk

Youth Mobility Scheme

The proposed policy also intends to expand the number of countries who currently have a reciprocal agreement with the UK for the Youth Mobility Scheme. This scheme allows those aged between 18 to 30 to come to the UK for up to 2 years and work during that period. There are currently very few countries that have reciprocal agreements with the UK for this scheme.

Business routes

Current routes for business visitors and intra-company transfers will remain and the UK intends to expand these on a reciprocal basis. 

The Jersey Immigration Rules, paragraph 46G provides further information on business visitors and paragraph 6 provides further information on intra company transfers:

Jersey Immigration Rules

How FBIS will affect Jersey

We will examine the policies of the UK FBIS to develop Jersey’s aligned new immigration system, which will be introduced at the same time as the UK’s new system. 

We aim to ensure that local immigration policies are appropriately adapted to meet the needs of the business community and simultaneously maintains the Islands security.

We invite comments and suggestions from those who will be affected by the changes to the Immigration system.

Information on the Government of Jersey’s proposed changes will be published once initial feedback has been received.

How to submit comments to the consultation

You can complete our online survey.

You can also email comments or questions to fis.jha@gov.je.

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