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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:

 

 

 

Immigration Rules: Amendments

http://statesofjersey.newsweaver.com/files/2/75101/168349/404471/1dc1fb08b18781316cdb3e67/goj%20logo%20red%20english_2.png

 

 

Justice and

Home Affairs

 

Customs and Immigration Service

 

Report

 

 

To:   Minister for Home Affairs

 

Submitted By:             Senior Manager Immigration and Nationality

 

Date:   15 December 2020

 

 

 

 

Proposed changes to the Jersey Immigration Rules

 

 

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

___________________________________________________________________

 

There is a need to amend the Jersey Immigration Rules (“the Rules”) in preparation for the ending of free movement of EEA citizens at the end of the transition period on 31 December 2020 at 11pm.  

 

Other amendments to the Rules, unconnected with the ending of free movement, are also required to maintain consistency of approach, where necessary, with the UK immigration rules in relation to the common travel area.

 

Paragraph 5: Application

 

The heading to this paragraph needs to be amended to read “Provision for Irish citizens” and to reflect the fact that Irish citizens continue to enjoy free movement on arrival in Jersey from outside the common travel area and do not require leave to enter or remain.

 

Paragraph 6: Interpretation

 

The definitions in paragraph 6 require extensive amendments both in relation to the ending of free movement and by way of updating for consistency of approach with the UK immigration rules which have been similarly amended viz:

 

(a)   “Approved Destination Status Agreement with China” (meaning now given in the new Appendix V(J): Visitor);

 

(b)   “BN(O) Adult Dependent Relative”, “BN(O) Household Child”, “BN(O) Household Member” and “BN(O) Household Member” (meaning now given in Appendix HK(J) British National (Overseas));

 

(c)   “Cabotage operations” (meaning now given in Appendix Visitor: Permitted Activities);

 

(d)   “Child” (a person who is aged under 18 years);

 

(e)   “Crew member” (same meaning as in the Immigration Act 1971, as extended);

 

(f)     “Curtailment” (cancelling or curtailing leave resulting in a shorter period of, or no, leave remaining);

 

(g)   “Custodial sentence” (a period of imprisonment, but does not include a suspended sentence);

 

(h)   “Customs breach” (a breach of the Customs and Excise (Jersey) Law 1999 or any other breach relating to powers of the Agent of the Impôts exercisable at the border);

 

(i)     “Decision maker” (an entry clearance officer, immigration officer or the Minister);

 

(j)     “Deportation order” (an order made under section 5(1) of the Immigration Act 1971);

 

(k)   “EEA citizen” and “EEA national” (definitions replaced to refer to any national of a remaining member state who is not also a British citizen);

 

(l)     “English language course” (a course consisting solely of English language study);

 

(m) “the Immigration Acts” (revised to incorporate reference to the Immigration and Social Security Co-Ordination (EU Withdrawal) Act 2020);

 

(n)   “International Operator Licence” (meaning given in Appendix Visitor: Permitted Activities);

 

(o)   “Own Account” (meaning given in Appendix Visitor: Permitted Activities);

 

(p)   “Passport” (defined in the context of the Rules);

 

(q)   “Permitted Paid Engagement visitor” (a person with leave under Appendix V(J): Visitor to undertake specific paid engagements for up to one month);

 

(r)    “Recreational Course” (a course undertaken purely for leisure purposes not leading to a formal qualification);

 

(s)   “Sham marriage” and “sham civil partnership” (same meaning as in sections 24(5) and 24A(5) of the Immigration and Asylum Act 1999 of the UK);

 

(t)     “visa nationals” (persons – specified in Appendix Visitor: Visa national list in Appendix V(J): Visitor – who need a visa for the United Kingdom and Islands for a visit or for any other purposes where seeking entry for 6 months or less); and

 

(u)   “visitor” (a person granted leave to enter or remain in Jersey under Appendix V(J): Visitor).

 

 

Paragraph 7: General provisions for leave to enter or remain in Jersey

 

This paragraph needs to be amended so that the Rules will be made to apply to EEA and Swiss nationals who will require leave to enter and remain in Jersey as a consequence of the ending of free movement.

 

 

Part 9: Grounds for refusal   

 

Part 9 needs to be replaced with revised and streamlined rules on the exercise of powers to refuse or cancel entry clearance or leave to enter or remain on suitability grounds which include the following changes –

 

(a)   to the criminality thresholds to replace the existing different thresholds with a single sentence-based threshold of 12 months applying to offences committed in Jersey or elsewhere. It will also make it easier for persons to understand exactly what impact their convictions will have on their immigration status;

 

(b)   to make it mandatory to refuse an applicant who is seeking entry clearance or leave to enter Jersey for the first time as a visitor or for entry for less than 6 months if the relevant criminality grounds apply;

 

(c)    to introduce a discretionary ground for refusal or cancellation of entry clearance or leave to enter or remain because of involvement in a sham marriage or sham civil partnership; and

 

(d)   to introduce a discretionary ground under which those who breach customs provisions may be refused at the border, or have their existing leave cancelled, for example by carrying prohibited items, importing endangered species or failing to make a customs declaration under this ground (see definition of “customs breach” under paragraph 6: Interpretation – above)

 

 

Appendix V(J): Visitor

 

Appendix V(J) needs to be replaced with simplified visitor rules which include the following changes –

 

(a)   to permit students who wish to undertake short-term study for up to 6 months to use the revised visitor route for this purpose;

 

(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. These drivers must also be employed or contracted to an operator registered in a country outside Jersey or be a self-employed operator and driver based outside Jersey. The operator must also hold an International Operators Licence or be operating on an own account;

 

(c)    to allow a visitor to undertake volunteering provided it lasts no more than 30 days in total and is for a charity that is registered under the Charities (Jersey) Law 2014, or registered with one of the UK the Charity Commissions (and the requirement is removed for volunteering to be incidental to the main reason for the visit);

 

(d)   to exempt EEA and Swiss nationals from the requirement to obtain a marriage/civil partnership visit visa. EEA and Swiss nationals (except those with EU Settlement Scheme status and Irish citizens) will require to hold such a visa if entering Jersey for that purpose from 1 July 2021.

 

Other amendments

 

Paragraph 159A

 

The purpose of paragraph 159A of the Rules is to provide for the admission of an overseas domestic worker where the worker forms part of their employers’ household overseas; the worker is accompanying their employer to Jersey; and the employer’s stay in Jersey will not exceed six months.  The amendment replaces the existing references to a “British or EEA national employer” with references to a “British employer”.

 

Paragraphs 255 to 261

 

These paragraphs contain provision regarding EEA nationals and their families in the context of free movement of EEA and Swiss nationals, which will cease on the ending of free movement on 31 December 2020 at 11pm.  These paragraphs are therefore deleted (but not affecting the operation of Jersey Settled Status Scheme laid down in Appendix EU(J) and Appendix EU(J) (Family Permit) of the Rules.

 

 

Recommendation

 

It is recommended that the Minister for Home Affairs issue directions, in pursuance of section 1(4A) of the Immigration Act 1971, as extended to Jersey, that the Jersey Immigration Rules are amended accordingly, with effect from 11pm on 31 December 2020.

 

 

 

 

 

 

Senior Manager Immigration and Nationality

Official

1

 

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