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Introduction of Immigration Fees

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 22 October 2009 to introduce immigration fees in respect of the grant, or variation of leave to remain.

Decision Reference: MD-HA-2009-0098

Decision Summary Title :

Introduction of Immigration fees

Date of Decision Summary:

19th October 2009

Decision Summary Author:

Director,

Legal Status and Revenue

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Introduction of Immigration Fees

Date of Written Report:

19th October 2009

Written Report Author:

Director,

Legal Status and Revenue

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: To introduce Immigration fees in respect of the grant, or variation of leave to remain.

Decision(s): The Minister decided to introduce a new ‘user pays’ charge at the following rates in order to recover the cost of providing services to overseas nationals who are subject to immigration control in respect of the grant of leave or the variation of that leave after the entry of such persons:  

  1. Application for leave to remain, or variation of leave to a specified date, work permit holder or work permit dependant: £400*

 

  1. Application for leave to remain, or variation of leave to a specified date, others: £465*

 

  1. Application for leave to remain for an indefinite period: £820*

 

  1. Application for endorsement of existing leave to remain in a new passport: £165

 

* An additional £50 for each dependant applied for at the same time would also be payable 

The Minister further decided to seek the in principle approval of the States Assembly in advance of making the necessary Order to introduce this new “user pays” charge, and to request the Law Draftsman to prepare a draft Order.

 

Reason(s) for Decision: Under Section 5 of the Immigration and Asylum Act 1999, as extended to Jersey by the Immigration and Asylum Act 1999 (Jersey) Order 2003, the Minister for Home Affairs wishes, by order, to prescribe fees to be paid in connection with applications for: 

  1. leave to remain in the Bailiwick of Jersey;
  2. the variation of leave to enter, or remain in, the Bailiwick of Jersey;
  3. an indefinite leave stamp to be fixed on the applicant’s passport (or travel document) as the result of the renewal or replacement of his previous passport (or travel document).

P63/2003 (adopted by the States in June 2003) states that no new ‘user pays’ charges can be introduced by Committees of the States without any such charge receiving prior in principle approval by the States Assembly.

Resource Implications:  There are no manpower or cost implications to the Service associated with this decision.  Additional income will be raised if Immigration fees are introduced.

Action required: The Director, Legal Status and Revenue of the Customs and Immigration Service to instruct the Law Draftsman to prepare a draft Order to prescribe the following fees to be paid in connection with the following applications:- 

  1. Leave to remain, or variation of leave to a specified date, Work Permit holder or work permit dependant: fee of £400*.

 

  1. Leave to remain, or variation of leave to a specified date, others: fee of £465*.

 

  1. Leave to remain for an indefinite period: fee of £820*.

 

  1. Endorsement of existing indefinite leave to remain in a new passport: fee of £165.

 

*An additional £50 for each dependant applied for at the same time would also be payable 

The Director, Legal Status and Revenue of the Customs and Immigration Service to prepare a Report and Proposition for presentation to the States Assembly regarding the introduction of Immigration fees.

Signature: 

Position: 

Date Signed: 

Date of Decision (If different from Date Signed): 

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