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Jersey Immigration Rules: Jersey EU Settlement Scheme: Notice of Changes

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 4 December 2020:

MINISTERIAL DECISION REFERENCE: MD-HA-2020-0080

Decision Date:  27 November 2020      

DECISION SUMMARY TITLE: Notice of changes to the Jersey Immigration Rules: Jersey EU Settlement

Scheme

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: Notice of Changes to the Immigration Rules: Jersey EU Settlement Scheme

 

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 concern the Jersey EU Settlement Scheme (“the Scheme”) contained in Appendix EU(J) and EU(J)(Family Permit) and reflect changes to the UK Settlement Scheme[2] which will take effect at 11pm on 31 December 2020. The changes which will keep the criteria for settled status under the Scheme consistent with the criteria for settled status in the rest of the Common Travel Area, are as follows –

 

  • to provide access to the Scheme for resident EEA or Swiss citizens’ existing close family members (a spouse, civil partner, durable partner, child or grandchild and dependent parent or grandparent) who are resident overseas at the end of the transition period

 

  • to provide for a deadline of 30 June 2021 by which applications to the Scheme are to be made and also scope for applications after that date where there are reasonable grounds for extending the deadline

 

  • to widen access to the Scheme for existing close family members resident overseas at the end of the transition period and who are returning to Jersey from the EEA or Switzerland with a UK national

 

  • to provide access to the Scheme for family members of EEA and Swiss citizens resident in Jersey by the end of the transition period and who are exempt from immigration control

 

  • to require evidence that a parent or grandparent is dependent on the resident EEA or Swiss national where the applicant is outside Jersey at the end of the transition period

 

  • to incorporate in Appendix EU(J) and EU(J)(Family Permit) provision for the cancellation and curtailment of leave under the Scheme

 

RESOURCE IMPLICATIONS:  None as a consequence of this decision.

 

ACTION REQUIRED: The Jersey Customs and Immigration Service to make the appropriate amendments to the Jersey Immigration Rules referred to in the attached report, 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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