Immigration (Leave to Enter and Remain) (Grace Period) (Amendment) (Jersey) Directions 2021

Information about the publication of Ministerial Decisions

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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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 14 June 2021

MINISTERIAL DECISION REFERENCE: MD-HA-2021-46
Decision Date: 24 May 2021
DECISION SUMMARY TITLE: Immigration (Leave to Enter and Remain) (Grace Period) (Amendment) (Jersey) Directions 2021
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: Immigration (Leave to Enter and Remain) (Grace Period) (Amendment) (Jersey) Directions 2021
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: Further to MD-HA-2020-0082 the Assistant Minister for Home Affairs has decided to amend the Immigration (Leave to Enter and Remain) (Grace Period) (Jersey) Directions 2020. The amendments concern the following paragraphs – in paragraph 1. Interpretation to insert a definition of “Jersey Immigration Rules” in paragraph 2. EEA citizens etc. ordinarily resident in Jersey – deemed leave to make clear that the reference to paragraphs 258, 259 and 260 is to the Jersey Immigration Rules in paragraph 7. Extension of grace period: discretionary admission of late application to align the wording more closely with Annex 1- Definitions in Appendix EU(J) to the Jersey Immigration Rules
RESOURCE IMPLICATIONS: None as a consequence of this decision.
ACTION REQUIRED: The Assistant Minister for Home Affairs to sign the Directions, and the Immigration (Leave to Enter and Remain) (Grace Period) (Jersey) Directions 2020 in their updated amended form to be made available on gov.je
SIGNATURE:			POSITION: Deputy Gregory Guida Assistant Minister for Home Affairs
DATE SIGNED:			EFFECTIVE DATE OF THE DECISION:

Immigration (Leave to Enter and Remain) (Grace Period) (Amendment) (Jersey) Directions 2021

IMMIGRATION (LEAVE TO ENTER AND REMAIN)

(GRACE PERIOD) (AMENDMENT) (JERSEY) DIRECTIONS 2021

Made

Coming into force

THE MINISTER FOR HOME AFFAIRS makes these Directions under sections 3A and 3B of the Immigration Act 1971 as extended to Jersey and as modified by the Immigration and Asylum Act 1999 (Jersey) Order 2003 as amended by the Immigration (Jersey) (Amendment) Order 2017 –

1 Amendment of 2020 Directions

The Immigration (Leave to Enter and Remain) (Grace Period) (Jersey) Directions 2020 are amended in accordance with the Schedule to these Directions.

2 Citation and commencement

These Directions may be cited as the Immigration (Leave to Enter and Remain) (Grace Period) (Amendment) (Jersey) Directions 2021 and come into force forthwith.

Signed:

Assistant Minister for Home Affairs

DATED this

SCHEDULE

(Paragraph 1)

AMENDMENTS OF THE IMMIGRATION (LEAVE TO ENTER AND REMAIN) (GRACE PERIOD) (JERSEY) DIRECTIONS 2020

1 In paragraph 1 (Interpretation) immediately after the definition of “grace period” insert –

““Jersey Immigration Rules” means the directions, as amended from time to time, given under section 1(4A) of the 1971 Act;”.

2 In paragraph 2 (EEA citizens etc. ordinarily resident in Jersey – deemed leave) for sub-paragraph (3)(a) for “of those Rules”, substitute “of the Jersey Immigration Rules”.

3 In paragraph 7 (Extension of grace period: discretionary admission of late application) for “failure to make an in-time application” substitute “failure to meet the deadline for making an application”.

EXPLANATORY NOTE

The Immigration (Leave to Enter and Remain) (Grace Period) (Jersey) Directions 2020 (“2020 Directions”) relate to EEA and Swiss citizens and their family members who, on or after 01 January 2021, claim eligibility for settled status but have yet to be granted such status.

The 2020 Directions preserve the immigration status of such EEA and Swiss citizens and their family members pending the determination of their applications for settled status.

These Directions make minor drafting adjustments to the 2020 Directions to make the wording of the 2020 Directions more consistent with terminology in the Jersey Immigration Rules.