Introduction of Immigration fees: Exemptions from payment

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A decision made on 3 March 2010 regarding the introduction of Immigration fees (exemptions from payment)

Decision Reference: MD-HA-2010-0015
Decision Summary Title :	Introduction of Immigration fees (exemptions from payment)	Date of Decision Summary:	9th February 2010
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 (exemptions from payment)	Date of Written Report:	9th February 2010
Written Report Author:	Director Legal Status and Revenue	Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: To provide for no immigration fee to be payable in prescribed circumstances.
Decision(s): On the introduction of immigration fees on 1st May 2010 no fees shall be payable in the following prescribed circumstances: An application for limited or indefinite leave to remain in Jersey which is made on the basis that the applicant is: a person who has been granted limited leave to enter or remain in Jersey outside the provisions of the Directions of the Lieutenant-Governor on the rejection of their claim for asylum; or a dependant of such a person. An application for limited or indefinite leave to remain if the application is made in respect of a person who, at the time of making the application, is a child (aged under 18) who is being provided with assistance by the States of Jersey. “Assistance” is not confined to financial assistance. An application for indefinite leave to remain under the Directions of the Lieutenant- Governor as a victim of domestic violence, where at the time of making the application, the applicant appears to the Minister to be destitute. An application by a person seeking variation of leave to enter or remain in Jersey for a period of up to 6 months if the application is made to an immigration officer on arrival at a port of entry. In other cases, where two or more applications are made at the same time in respect of the same person, a single fee is payable. Where the fees differ, the highest fee will apply.

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: leave to remain in the Bailiwick of Jersey; the variation of leave to enter, or remain in, the Bailiwick of Jersey; 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). Section 5 (3) of the 1999 Act, as extended to Jersey goes on to provide that: (a) a fee prescribed in connection with such an application is not payable if the basis on which the application is made is that the applicant is – (i) a person making a claim for asylum which claim either has not been determined or has been granted; or (ii) a dependant of such a person; and the [order] may provide for no fee to be payable in prescribed circumstances. The Minister wishes to prescribe certain fee exemptions, as set out, to reflect as closely as possible those exemptions which apply in the United Kingdom.
Resource Implications: There are no manpower implications associated with this decision and the Service does not consider that the exemptions will impact upon the estimated annual revenue. It is anticipated that the necessary administrative infrastructure to collect fees can be provided at minimal cost by 1st May 2010.
Action required: The Director, Legal Status and Revenue of the Customs and Immigration Service to instruct the Law Draftsman to prescribe the exemptions set out in the ‘Decision’ from payment in the draft Immigration (Fees) Order. The Order to commence on 1st May 2010.
Signature:	Position:
Date Signed:	Date of Decision (If different from Date Signed):