Jersey Immigration Rules: Notice of Changes

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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: Paragraph 128 (Requirement for leave to enter Jersey for work permit employment) deletion of a redundant sub-paragraph. 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. 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:

Jersey Immigration Rules: Notice of Changes

Justice and

Home Affairs

Customs and Immigration Service

Report

To: Minister for Home Affairs

Submitted By: Senior Manager

Immigration and Nationality

Date: 19 March 2021

Proposed changes to the Jersey Immigration Rules:

(1) Paragraph 128 (Requirement for leave to enter Jersey for work permit employment)

(2) Paragraph 134 (Indefinite leave to remain for a work permit holder)

(3) Appendix V(J): Visitor

(4) Appendix HK(J) British National (Overseas)

___________________________________________________________________

There is a need to make changes to the Jersey Immigration Rules (“the Rules”) in order to –

reflect the updated work permit policy
clarify certain provisions in the Jersey visitor rules in relation to educational exchanges and study
make amendments and additions in the Jersey visitor rules under permitted activities
make some minor drafting adjustments in Appendix HK(J) British National (Overseas) corresponding to adjustments made in the equivalent UK Appendix
insert a new paragraph under the BN(O) Household Member Route in Appendix HK(J) British National (Overseas) and to make a small textual amendment in the introduction to this Appendix.

Paragraph 128 (Requirement for leave to enter Jersey for work permit employment)

The requirement in sub-paragraph (v) of paragraph 128 that the holder of a work permit which is valid for 12 months or less intends to leave Jersey needs to be deleted because, under the new work permit policy, the permit holder is able to have their employment extended beyond 12 months.

Paragraph 134 (Indefinite leave to remain for a work permit holder)

Part of the work permit policy is that, if a person has spent time in Jersey in work permit employment which is only temporary, that time does not count towards the period of 5 years required to claim permanent residence. Sub-paragraph (i) of paragraph 134 requires adjustment so that its wording is consistent with this aspect of the work permit policy.

Appendix V(J): Visitor

Appendix V(J) needs to be amended to include the following changes –

(a) to amend the references to educational exchanges or study so that it is at a school or other educational institution which is or is not in the wholly maintained sector.

(b) to allow a visitor to conduct market research or analysis in Jersey for their employment overseas.

(d) to allow translators and/or interpreters to translate and/or interpret in Jersey as an employee of an enterprise overseas.

(e) to allow a visitor to attend a cultural event (e.g. a local festival or community event) as a market stall trader and to allow payment from a Jersey source for doing this activity.

Appendix HK(J) British National (Overseas)

Appendix HK(J) British National (Overseas) needs to be amended to include the following changes –

(a) references to “less than 6 months” to be changed to “6 months or less” in common with the amendment made in the equivalent UK Appendix.

(b) to insert a new paragraph to make clear when a person forms part of the same household as a BN(O) Household Member.

purpose of the Appendix HK(J) British National (Overseas) routes.

Recommendation

It is recommended that the Minister for Home Affairs issue directions, in pursuance of section 1(4A) of the Immigration Act 1971, as extended to Jersey, that the Jersey Immigration Rules are amended accordingly.

Senior Manager

Immigration and Nationality

Official