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Information and public services for the Island of Jersey

L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Immigration (Leave to Enter and Remain) (Grace Period) (Jersey) Directions 2020

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 21 December 2020:

MINISTERIAL DECISION REFERENCE: MD-HA-2020-0082

Decision Date:    15 December 2020      

DECISION SUMMARY TITLE: Immigration (Leave to Enter and Remain) (Grace Period) (Jersey) Directions

2020

 

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) (Jersey) Directions 2020

 

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 decided to make the Immigration (Leave to Enter and Remain) (Grace Period) (Jersey) Directions 2020. This period is from 31 December 2020 to 30 June 2021.

 

The Directions are made 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.

 

The Directions relate to those EEA and Swiss citizens and for their family members in Jersey who by 1 January 2021 do not yet have a status under the Jersey EU Settlement Scheme (“the Scheme). The Directions will afford such citizens an immigration status in the form of deemed leave to enter or remain in Jersey up until 30 June 2021, which is the deadline for an application to the Scheme. 

 

If a valid application to the Scheme has been made before 30 June 2021, but not yet decided, the applicant’s immigration status will be effective beyond the deadline until the application has been decided.  Furthermore, but only where there are reasonable grounds for a person’s failure to make an application for settled status in time, the person will be able to retain their immigration status whilst they make a late application, and until that application has been decided.

 

The Directions will come into force immediately before 11pm on 31 December 2020.

 

RESOURCE IMPLICATIONS:  None as a consequence of this decision.

 

ACTION REQUIRED: The Minister for Home Affairs to sign the Directions and the Immigration (Leave to

Enter and Remain) (Grace Period) (Jersey) Directions 2020 to be made available on gov.je once they have

come into force.

 

 

SIGNATURE:

 

 

 

POSITION:

 

Connétable Len Norman

Minister for Home Affairs

DATE SIGNED:

EFFECTIVE DATE OF THE DECISION:

 

21 December 2020

 

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