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Jersey Immigration Rules: Amendment: English Language Requirement

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.

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  • 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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 21 December 2017:

MINISTERIAL DECISION REFERENCE: MD-HA-2017-0103

Decision Date: 22 December 2017

DECISION SUMMARY TITLE: Amendment to the Jersey Immigration Rules – English Language Requirement

DECISION SUMMARY AUTHOR:

Policy Officer, Community and Constitutional 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: Amendment to the Jersey Immigration Rules – English Language Requirement

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

Director of Revenue and Immigration

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

Public

DECISION AND REASON FOR THE DECISION:

 

The Assistant Minister for Home Affairs approved amendments to the Jersey Immigration Rules relating to the English language requirement in the 5 year family route to settlement (spouses, civil partners and unmarried partners).

 

The amended Rules will require non-EEA nationals to pass an approved speaking and listening test at level A2 of the Common European Framework of Reference for Languages in order to qualify, after two-and-a-half years in Jersey, for further leave to remain on the 5-year family route to settlement.

 

The Rules are also amended to clarify that the A1 English Language test, which non-EEA nationals on the settlement route are required to pass before they can come to Jersey, must be specified in Appendix O to the UK Immigration Rules. The A2 test is also specified in Appendix O of the UK Rules.

 

These changes reflect similar amendments made to the UK Immigration Rules and will come into effect, in Jersey and the UK, on 1st January 2018.

 

ACTION REQUIRED:

The Immigration Rules to be amended, in accordance with the attached report, and the Assistant Minister to sign off the updated rules. The updated rules to be made available on gov.je

 

SIGNATURE:

 

 

 

POSITION:

 

Connétable Deidre Mezbourian

Assistant Minister for Home Affairs

DATE SIGNED:

EFFECTIVE DATE OF THE DECISION:

 

 

 

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