Immigration Fee Increase

Information about the publication of Ministerial Decisions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 15 April 2013:

Decision Reference: MD-HA-2013-0023
Decision Summary Title :	Immigration Fee Increase		Date of Decision Summary:	15 April 2013
Decision Summary Author:	Assistant Director, Immigration and Nationality		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 :	Immigration Fee Increases		Date of Written Report:	15 April 2013
Written Report Author:	Assistant Director, Immigration and Nationality		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Increase in the level of immigration fees charged in Jersey to equivalent UK levels.
Decision(s): The Minister agreed to increase the immigration fees charged in Jersey to align them with those charged in the UK; and authorised the Customs and Immigration Service to request the Law Draftsman to prepare the necessary Order.
Reason(s) for Decision: On 6 October 2011 the Treasurer of the States signed a Ministerial Decision (MD-TR-2011-DD92) approving the adoption of a formula allowing immigration fees in Jersey to be aligned to those set in the UK from 1 January 2012. The UK has increased its fees from 6 April 2013 and, in order to align the Island’s fees with those charged in the UK, it is proposed to increase the fees in Jersey.
Resource Implications: The fee increases will generate additional income to contribute to the costs of the Customs and Immigration Service.
Action required: The Customs and Immigration Service to request the Law Draftsman to prepare the necessary Order to increase immigration fees.
Signature		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Immigration Fee Increase

Customs and Immigration Service

Report

To: Minister for Home Affairs

Submitted by: Michael Robinson, Head of Customs and Immigration Service

Subject: Immigration Fee Increases

Date: 15 April 2013

Introduction

In 2010 the States of Jersey agreed the introduction of a “user pays” charge for providing certain services to persons subject to immigration control.

The Immigration (Fees) (Jersey) Order 2010 was introduced on 1 May 2010 in accordance with sections 5 and 166(3) of the Immigration and Asylum Act 1999, as extended to Jersey by the Immigration and Asylum 1999 (Jersey) Order 2003. The Order, made by the Minister for Home Affairs, prescribed fees to be paid in connection with applications for –

i) leave to remain in the Bailiwick of Jersey;

ii) the variation of leave to enter, or remain in, the Bailiwick of Jersey;

iii) 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).

The current scale of fees were introduced on 1 July 2012 by the Immigration (Fees) (Amendment No. 2) (Jersey) Order 2012.

United Kingdom Immigration Fee Increases from 6 April 2013

In 2011 the Home Affairs Minister obtained the agreement of the Minister for Treasury & Resources (MD-TR-2011-DD92) to adopt a formula allowing immigration fees in Jersey to be aligned to those set in the UK from 1 January 2012.

Immigration fees payable in Jersey were last brought into line with those charged in the UK on 1 July 2012.

The UK Border Agency of the Home Office has increased the level of their immigration fees with effect from 6 April 2013. These increases are consistent with the policy of ensuring that those who use and benefit from the immigration system contribute more than the taxpayer.

This paper seeks the approval of the Minister to continue to align Jersey’s immigration fees with those charged in the United Kingdom, as well as to authorise the Customs and Immigration Service to instruct the Law Draftsman to prepare a draft Order to make the corresponding increases the fees in Jersey.

The table below shows the new UK standard (postal) fee, the current Jersey fee, the percentage increase proposed, the income achieved at present, as well as the estimated income from the proposed 2013 increase.

Application Type	Fee from 1 July 2012	No. applications 2012	2012 Income	Proposed new fee	% Increase	Estimated annual income from new fee levels
Variation of Leave – Work Permit	£561	61	£34,221	£578	2.9	£35,258
Variation of Leave – Work Permit Dependant	£281	52	£14,612	£433*	35.1	£22,516
Variation of Leave – Other	£561	64	£35,904	£578	2.9	£36,992
Variation of Leave – Other, Dependant	£281	8	£2,248	£433*	35.1	£3,464
Indefinite Leave to Remain	£991	100	£99,100	£1,051*	5.7	£105,100
Indefinite Leave to Remain - Dependant	£496	48	£23,808	£788**	37.1	£37,824
			£209,893			£241,154

*The concession on fees paid by dependants has been reduced from 50% to 25% of the main applicant’s fee.

**The fee for Indefinite Leave to Remain has been increased in the UK with the fee for other applications where entitlements to a successful applicant are significant.

Any additional income achieved as a result of these latest increases would be used to offset the general expenditure of the Customs and Immigration Service. .

Recommendation

The Minister is recommended to approve the increase in immigration fees and authorise Customs and Immigration Service to request the Law Draftsman to prepare the necessary draft Order to align the local fees with those of the UK.