Jersey Immigration Rules: Appendix EU(J) and Appendix EU(J) (Family Permit): Notice of changes

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A decision made on 10 January 2020

MINISTERIAL DECISION REFERENCE: MD-HA-2020-0003
Decision Date: 6th January 2020
DECISION SUMMARY TITLE: Notice of changes to the Jersey Immigration Rules: Appendix EU(J) and Appendix EU(J) (Family Permit)
DECISION SUMMARY AUTHOR:	Head of Service Customs & Immigration	IS THE DECISION SUMMARY PUBLIC OR EXEMPT? (if exempt state the relevant article/paragraph of the Freedom of Information Law/Regulations)		Public
REPORT TITLE: Notice of changes to the Jersey Immigration Rules: Appendix EU(J) and Appendix EU(J) (Family Permit)
REPORT AUTHOR OR NAME OF PERSON GIVING REPORT: (if different from Decision Summary Author)	Head of Service Customs & Immigration	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: Jersey’s EU Settlement Scheme (“the Scheme”) is contained in Appendix EU(J) to the Jersey Immigration Rules, together with Appendix EU(J)(Family Permit). The Scheme provides the basis for resident EEA and Swiss citizens and their family members, and the family members of certain UK nationals, to apply for an immigration status in Jersey which they will require in order to remain in the Island permanently after the UK’s withdrawal from the European Union. The Minister approved amendments to Appendix EU(J) and EU(J)(Family Permit). The purpose of the changes is to reflect amendments made to equivalent provisions in the UK Immigration Rules. The changes fall under the following headings: Dual nationals To clarify that the family members of an EEA citizen who has become naturalised as a British citizen can apply under the Scheme. Family members of an EEA citizen who has ceased activity To clarify that an applicant under the Scheme who is a family member on an EEA citizen who has ‘ceased activity’ (e.g. retired) must have been resident in Jersey when the EEA citizen did so. Evidence in support of certain applications To clarify the requirements for evidence of family relationship and/or of dependency in certain cases. Travel permit for family members To enable family members granted settled status, whose documentation is lost or stolen, to apply for a special travel permit to enable them to travel back and apply for replacement documentation. Refusal in cases of previous cancellation of leave To enable applications under the Scheme to be refused where there has been a previous cancellation of leave. Miscellaneous The amendments also include textual adjustments consistent with the amendments made to the UK Immigration Rules and minor corrections, none of which affects the substance of the Scheme.
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 will then be made available on gov.je.
SIGNATURE:			POSITION: Connétable Len Norman Minister for Home Affairs
DATE SIGNED:			EFFECTIVE DATE OF THE DECISION: