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Immigration Rules: Amendments

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A decision made 21 December 2020:

MINISTERIAL DECISION REFERENCE: MD-HA-2020-0083

Decision Date:   15 December 2020      

DECISION SUMMARY TITLE: Notice of changes to the Jersey Immigration Rules required –

 

  • on the ending of the right of free movement for EEA and Swiss Nationals, and
  • for other purposes

 

DECISION SUMMARY AUTHOR:

Senior Manager Immigration and Nationality

 

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

Public

REPORT TITLE:

Proposed changes to the Jersey Immigration Rules:

  1. Paragraph 5: Application
  2. Paragraph 6: Interpretation
  3. Paragraph 7 in relation to the general provisions for leave to enter or remain in Jersey
  4. Part 9: Grounds for refusal – Replacement of Part 9
  5. Appendix V(J): Visitors – Replacement of Appendix V
  6. Other amendments to the Rules

 

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

Senior Manager Immigration and Nationality

 

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 Minister for Home Affairs has approved amendments to the Jersey Immigration Rules (“the Rules”) in accordance with section 1(4A) of the UK Immigration Act 1971, as extended to Jersey[1].  The amendments are concerned principally (but not exclusively) with the ending of free movement of EEA citizens at the end of the transition period on 31 December 2020 at 11pm.

 

The amendments concern the following provisions of the Rules:

 

  1. Paragraph 5 (Application) is amended to provide for Irish citizens to continue to enjoy free movement on arrival from outside the common travel area.

 

  1. Paragraph 6 (Interpretation) is amended by inserting or revising definitions for purposes of clarification and also deleting redundant definitions.

 

  1. Paragraph 7 (General provisions for leave to enter/remain) is amended so as to apply to EEA and Swiss nationals as from the ending of free movement.

 

  1. Part 9: (Grounds for refusal of entry clearance, leave to enter/remain) is replaced and streamlined with the following main effects –

 

(a)   an applicant must be refused if they have been convicted of a criminal offence and sentenced to 12 months imprisonment or more; and may be refused if the sentence was less than 12 months or was non-custodial;

(b)   an applicant who seeks leave to enter as a visitor must be refused even if the sentence was less than 12 months or was non-custodial, unless more than 12 months have passed since the date of conviction;

(c)    an applicant may be refused, or their leave cancelled, because of involvement in a sham marriage or sham civil partnership; and

(d)   an applicant may be refused, or their leave cancelled, because they have breached customs provisions.

 

  1. Appendix V(J): Visitor replaces the current Appendix V with simplified visitor rules, with the following main effects –

 

(a)   to permit study of up to 6 months under the standard visitor route;

(b)   to allow visitors who are international drivers to undertake cabotage operations i.e. collecting and delivering goods and passengers from a country outside Jersey to Jersey;

(c)    to remove the requirement for volunteering to be incidental to the main reason for the visit; and

(d)   to exempt EEA and Swiss nationals from the requirement to obtain a marriage/civil partnership visit visa.

 

  1. Other amendments are made by way of deleting or adjusting references to EEA nationals in the Rules, consequentially on the ending of free movement at the end of the transition period.

RESOURCE IMPLICATIONS:  None as a consequence of this decision.

 

ACTION REQUIRED: To make the appropriate amendments to the provisions of the Jersey Immigration Rules referred to in the attached report and to come into effect at 11pm on 31 December 2020.

 

The updated Rules will then 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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