Jersey Immigration Rules: Approval of Changes

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A decision made 27 March 2020:

MINISTERIAL DECISION REFERENCE: MD-HA-2020-0025
Decision Date: 27th March 2020
DECISION SUMMARY TITLE: Notice of changes to the Jersey Immigration Rules: (i) Paragraph 6: Interpretation, (ii) Part 11: Asylum, (iii) Part 2: Persons seeking to enter or remain for visits – Replacement with Appendix V: Immigration rules for visitors.
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: Paragraph 6 (Interpretation); Part 11(Asylum); and Part 2 (Persons seeking to enter or remain for visits – Replacement with Appendix V: Immigration rules for visitors)
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: 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] These amendments concern the following provisions of the Rules: Paragraph 6 (interpretation) is amended by inserting or revising definitions for purposes of clarification. Part 11 (asylum) is amended so that the 1951 United Nations Convention and its 1967 Protocol relating to the status of Refugees is referred to as “Refugee Convention” instead of “the Geneva Convention”. Part: 2 (visitors) is replaced with Appendix V which will now contain the rules about visitors. Appendix V sets out the requirements in plain and simple language. In particular - (a) individuals are able to undertake a specified range of activities if entering under the visitor (standard) route; (b) the student visitor route is classified as a short term study route in Part 3 (persons seeking to enter or remain for studies) alongside other related provisions to clarify the position for those undertaking short courses; (c) the parent of a child at school route will be contained in Part 7 of the Rules (other categories) as this category does not concern visitors, as such.
RESOURCE IMPLICATIONS: None as a consequence of this decision.
ACTION REQUIRED: To make the appropriate amendments to 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:

Jersey Immigration Rules: Approval of Changes

Justice and

Home Affairs

Customs and Immigration Service

Report

To: Minister for Home Affairs

Submitted By: Head of Service

Customs & Immigration

Date: 24 March 2020

Subject: Notice of Changes to the Jersey Immigration Rules:

(i) paragraph 6: Interpretation

(ii) Part 11: Asylum

(iii) Part 2: Persons seeking to enter or remain for visits (replacement with Appendix V: Immigration rules for visitors).

There is a need to make amendments to the Jersey Immigration Rules (“the Rules”).

Introduction

a. Drafting improvements

The amendments in (i) and (ii) above are drafting improvements to clarify certain provisions of the Rules. They do not bring about any change in immigration procedures or in rights under the Rules.

b. Categorisation of visitors

The amendment in (iii) above reflects equivalent provisions in the UK Immigration Rules, in which the definitions of the various categories of visitor were scrapped in favour of 4 categories, namely:

visit (standard);
marriage / civil partnership visit;
Permitted Paid Engagements (PPE) visit; and
Transit visit.

None of the amendments in the UK, in the revamped visitor rules, was designed to restrict genuine visitors from coming to the UK. The intention is the same in relation to genuine visitors seeking to come to Jersey.

Content of the amendments

a. Drafting improvements

Paragraph 6 of the Rules (concerning interpretation) to be amended by inserting or revising definitions of:

(a) “application for asylum” (to make clear that the meaning of this term is to be found in paragraph 327 of the Rules);

(b) “Refugee Convention” (see 2. below);

(c) “refugee status” (to make clear that this refers to the recognition by Jersey that an asylum applicant meets the criteria in paragraph 334 of the Rules);

(d) “refugee leave” (to make clear that this refers to limited leave under paragraph 334 or 335 of the Rules);

(e) “humanitarian protection” (to make clear that this refers to limited leave under paragraph 339C of the Rules);

(f) “family member” in relation to an EEA national (to make clear the meaning of this term in the context of issuing residence cards and EEA family permits under paragraphs 255 to 259 of the Rules);

(g) “the Immigration Acts” (this definition is revised to incorporate reference to the Nationality, Immigration and Asylum Act 2002 and the UK Borders Act 2007, certain provisions of which have recently been extended to Jersey by Order in Council);

(h) “a short-term student” (this refers to persons who wish to study for 6 months or less or for persons aged 16 and over, for up to and including 11 months for English study only); and

(i) “a parent of a child at school” (this refers to persons who meet the requirements for leave to enter or remain as the parent of a child at school).

Part 11 of the Rules (concerning asylum) to be amended so that the 1951 United Nations Convention and its 1967 Protocol relating to the Status of Refugees is referred to as “the Refugee Convention” instead

of “the Geneva Convention”. The current definition of the Geneva Convention in paragraph 352G (a) of the Rules is to be deleted (with the new definition of the Refugee Convention in paragraph 6 of the Rules taking its place).

b. Categorisation of visitors

Replace Part 2 of the Rules (Persons seeking to enter or remain in Jersey for visits) with Appendix V (Immigration rules for visitors), in order to:

(a) reduce the existing 15 categories of visitor to 4, namely:

visitor (standard);
visitor for marriage or civil partnership;
visitor for permitted paid engagements;
transit visitor; and

(b) set out rules covering:

requirements for entry and stay in Jersey;
how to make an application as a visitor;
suitability grounds for refusal and cancellation of visas or leave;
eligibility requirements for each of the new visitor types;
curtailment;
the list of nationalities which require a visa in advance of travel;
permitted activities for visitors which have been expanded to address gaps in the system.

The student visitor category, previously in Part 2, is being re-categorised as a short-term study category and will now be contained in Part 3 of the Rules (persons seeking to enter or remain for studies).

The parent of a child at school category, previously in Part 2, is being amended to clarify the purpose of the route and will now be contained in Part 7 of the Rules (concerning other categories) which is more appropriate as these individuals are not visitors, as such.

Several definitions in paragraph 6 (interpretation) of the Rules fall away with the replacement of Part 2 of the Rules (Persons seeking to enter or remain in Jersey for visits) by Appendix V (Immigration rules for visitors).

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.

Head of Service

Customs & Immigration

Official