Jersey Immigration Rules: Notice of changes

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A decision made on 8 October 2020

MINISTERIAL DECISION REFERENCE: MD-HA-2020-0061
Decision Date: 24 September 2020
DECISION SUMMARY TITLE: Notice of changes to the Jersey Immigration Rules: (i) Jersey EU Settlement Scheme (ii) Other minor adjustments to the 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 (i) Jersey EU Settlement Scheme (ii) Other minor adjustments to the 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: (i) Appendix EU(J) and EU(J)(Family Permit) relating to the Jersey EU Settlement Scheme; and (ii) Other adjustments referred to below. Jersey EU Settlement Scheme The changes reflect a recent updating of the UK Settlement Scheme [2]. The changes keep the criteria for settled status under the Jersey Scheme consistent with the criteria for settled status in the rest of the Common Travel Area, by – bringing family members of the people of Northern Ireland within the scope of the Scheme extending the scope for victims of domestic violence or abuse to apply for a status under the Scheme providing scope for a family member applying under the Scheme to be required to submit a certified English translation of a document clarifying circumstances in which a continuous qualifying period of residence does not have to be continuing Other adjustments – duration of workers’ leave to enter/remain This concerns the Rules which specify for how long a worker must have leave to enter or remain before they can be joined by their spouse, partner or child. The adjustments make clear that the period of such leave to enter/remain must be a period longer than 12 months. Other adjustments – deportation A spent reference in the Rules to s. 47 of the Immigration, Asylum and Nationality Act 2006 is deleted. The deletion is merely a drafting refinement.
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 and to 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: