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Jersey Immigration Rules: Approval of English language test providers

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.

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A decision made on 6 December 2019

MINISTERIAL DECISION REFERENCE: MD-HA-2019-0119

 

Decision Date: 29th November 2019

DECISION SUMMARY TITLE: Notice of changes to the Jersey Immigration Rules: Approval of English language test providers

 

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: Approval of English language test providers

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:

 

In Jersey and the UK, persons seeking immigration clearance as a spouse or partner of someone already in this country need to show a minimum level of competency in the English language. 

 

The Jersey Immigration Rules do not specify exactly which English language tests need to be passed but, because there is no difference in the tests as between Jersey and the UK, the Jersey Rules refer simply to the tests “specified for the time being in Appendix O to the United Kingdom Immigration Rules”.  However, the UK Immigration Rules were amended recently, and Appendix O was removed.  In its place, the language test providers approved by the Secretary of State are now simply published on the gov.uk website.  The Minister for Home Affairs has therefore approved an amendment of the Jersey Immigration Rules to remove the references to Appendix O to the UK Immigration Rules, and to refer instead to passing the relevant tests with a provider approved by the Secretary of State, as listed on the gov.uk website.

 

There are references in other parts of the Jersey Immigration Rules to English language test providers “approved by the Minister”, but the relevant test providers are in fact those approved by the Secretary of State.  The Minister for Home Affairs has therefore approved an amendment of these references as well, to refer also to English language test providers approved by the Secretary of State, as listed on the gov.uk website.

 

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:

 

 

 

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