Immigration Rules: Changes to Jersey Entry Clearance

Information about the publication of Ministerial Decisions

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.

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

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 15 October 2018

Decision Reference: MD-HA-2018-0092
Decision Summary Title :	Changes to the Jersey Immigration Rules – Entry Clearance		Date of Decision Summary:	25 September 2018
Decision Summary Author:	Acting Head of Service, Customs and Immigration		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Changes to the Jersey Immigration Rules – Entry Clearance		Date of Written Report:	2018
Written Report Author:	Acting Head of Service, Customs and Immigration		Written Report : Public or Exempt?	Public
Subject: Changes to the Jersey Immigration Rules - Entry Clearance: Paragraphs 24, 25 and 30.
Decision(s): The Minister for Home Affairs approved changes to the Jersey Immigration Rules to provide for entry clearance to be issued in an electronic form or by endorsement in a valid passport or identity document. At present, the Rules do not provide for entry clearance to be issued in an electronic form, only through a valid passport or other identity document which has been endorsed with an entry clearance. Under these changes, an entry clearance issued in electronic form would need to be accompanied by a valid passport or other identity document (although the passport / document would not itself need to be endorsed with an entry clearance). The Minister also approved an amendment to show that fees required to be paid for application for an entry are under the regulations made under section 68 and 69 of the Immigration Act 2014.
Reason(s) for Decision: As a result of the UK making provision for entry clearance to be issued electronically, the Jersey Immigration Rules need to be aligned with the UK Immigration Rules.
Resource Implications: None as a consequence of this decision.
Action required: Changes to the Jersey Immigration Rules - Entry Clearance: Paragraphs 24, 25 and 30 to be inserted into the Jersey Immigration Rules, in accordance with the attached report, and to come into effect on the day on which this Ministerial Decision is signed. The updated Jersey Immigration Rules to be made available on gov.je
Signature:		Position: Connétable Len Norman Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):

Immigration Rules: Changes to Jersey Entry Clearance

Changes to the Jersey Immigration Rules – Entry Clearance

The current rules can be viewed here

24. The following:

(i) a visa national;

(ii) a non-visa national who is not a British national and is seeking entry for a period exceeding six months, or for purpose for which prior entry clearance is required under these Rules

(iii) a British national without the right of abode who is seeking entry for a purpose for which

prior entry clearance is required under these Rules,

must either:

(i) produce to the Immigration Officer a valid passport or other identity document endorsed with an entry clearance, issued to him for the purpose for which he seeks

entry, which is still in force,

or:

(ii) where he has been granted an entry clearance which was issued to him in electronic

form for the purpose for which he seeks entry and which is still in force, produce to

the Immigration Officer a valid passport or other identity document.

Such a person will be refused leave to enter if he has no such current entry clearance. Any other person who wishes to ascertain in advance whether he is eligible for admission to Jersey may apply for the issue of an entry clearance.

25. Entry clearance takes the form of a visa (for visa nationals) or an entry certificate (for non-visa nationals). A visa or an entry certificate may be issued in electronic form. These documents are to be taken as evidence of the holder’s eligibility for entry into Jersey, and accordingly accepted as “entry clearances” within the meaning of the Immigration Act 1971.

25A. Entry clearance which satisfies the requirements set out in paragraph 3 of the Leave to Enter and Remain Directions 2017 will have effect as leave to enter Jersey. The requirements are that the entry clearance must specify the purpose for which the holder wishes to enter Jersey and should be endorsed with the conditions to which it is subject or with a statement that it has effect as indefinite leave to enter Jersey. The holder of such an entry clearance will not require leave to enter on arrival in Jersey and, for the purposes of these Rules, will be treated as a person who has arrived in Jersey with leave to enter which is in force but which was given to him before his arrival.

26. An application for entry clearance will be considered in accordance with the provisions in these Rules governing the grant or refusal of leave to enter. Where appropriate, the term “Entry Clearance Officer” should be substituted for “Immigration Officer”.

27. An application for entry clearance is to be decided in the light of the circumstances existing at the time of the decision, except that an applicant will not be refused an entry clearance where entry is sought in one of the categories contained in paragraphs 296-316 solely on account of his attaining the age of 18 years between receipt of his application and the date of the decision on it.

28. An applicant for an entry clearance must be outside the United Kingdom and Islands at the time of the application. An applicant for an entry clearance who is seeking entry as a visitor must apply to a post designated by the Secretary of State to accept applications for entry clearance for that purpose and from that category of applicant. Any other application must be made to the post in the country or territory where the applicant is living which has been designated by the Secretary of State to accept applications for entry clearance for that purpose and from that category of applicant. Where there is no such post the applicant must apply to the appropriate designated post outside the country or territory where he is living.

28A. [not used]

For the purposes of paragraph 28 “post” means a British Diplomatic Mission, British Consular post or the office of any person outside the United Kingdom and Islands who has been authorised by the Secretary of State to accept applications for entry clearance. A list of designated posts is published by the Foreign and Commonwealth Office.

An application for an entry clearance is not made until any fee required to be paid under the regulations made under sections 68 and 69 of the Immigration Act 2014 has been paid.

30A. An entry clearance may be revoked if the Entry Clearance Officer is satisfied that:

i) whether or not to the holder’s knowledge, false representations were employed or material facts were not disclosed, either in writing or orally, for the purpose of obtaining the entry clearance; or

ii) a change of circumstances since the entry clearance was issued has removed the basis of the holder’s claim to be admitted to Jersey, except where the change of circumstances amounts solely to his exceeding the age for entry in one of the categories contained in paragraphs 296-316 of these Rules since the issue of the entry clearance; or

iii) the holder’s exclusion from Jersey would be conducive to the public good.

30B. An entry clearance shall cease to have effect where the entry clearance has effect as leave to enter and an Immigration Officer cancels that leave in accordance with paragraph 2A(8) of Schedule 2 to the Immigration Act 1971.

30C. An Immigration Officer may cancel an entry clearance which is capable of having effect as leave to enter if the holder arrives in Jersey before the day on which the entry clearance becomes effective or if the holder seeks to enter Jersey for a purpose other than the purpose specified in the entry clearance.

Official