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Jersey Immigration Rules: 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.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 26 March 2021

MINISTERIAL DECISION REFERENCE: MD-HA-2021-0027

Decision Date:  19 March 2021      

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

 

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:  Proposed changes to the Jersey Immigration Rules

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 following provisions of the Rules:

 

  1. Paragraph 128 (Requirement for leave to enter Jersey for work permit employment) deletion of a redundant sub-paragraph.
  2. Paragraph 134 (Indefinite leave to remain for a work permit holder) is amended to clarify when time spent in certain categories of work permit employment counts towards the continuous period of residence required to obtain indefinite leave to remain.
  3. Appendix V(J): Visitor is amended for the purposes of clarification and to add to or expand the existing range of permitted activities an individual is able to undertake.

4.    Appendix HK(J) British National (Overseas) is amended to adjust several minor provisions in line

       with adjustments made to the equivalent provisions in the UK, and to insert a new paragraph and

        make a small textual amendment.

RESOURCE IMPLICATIONS:  None as a consequence of this decision.

ACTION REQUIRED: To make the appropriate amendments to the provisions of the Jersey Immigration Rules referred to in the attached report which will come into effect on the day the Ministerial Decision is signed.

 

The updated Rules to 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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