Jersey Immigration Rules: Jersey EU Settlement Scheme: Notice of Changes

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A decision made 4 December 2020:

MINISTERIAL DECISION REFERENCE: MD-HA-2020-0080
Decision Date: 27 November 2020
DECISION SUMMARY TITLE: Notice of changes to the Jersey Immigration Rules: Jersey EU Settlement Scheme
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: Notice of Changes to the Immigration Rules: Jersey EU Settlement Scheme
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 the Jersey EU Settlement Scheme (“the Scheme”) contained in Appendix EU(J) and EU(J)(Family Permit) and reflect changes to the UK Settlement Scheme [2] which will take effect at 11pm on 31 December 2020. The changes which will keep the criteria for settled status under the Scheme consistent with the criteria for settled status in the rest of the Common Travel Area, are as follows – to provide access to the Scheme for resident EEA or Swiss citizens’ existing close family members (a spouse, civil partner, durable partner, child or grandchild and dependent parent or grandparent) who are resident overseas at the end of the transition period to provide for a deadline of 30 June 2021 by which applications to the Scheme are to be made and also scope for applications after that date where there are reasonable grounds for extending the deadline to widen access to the Scheme for existing close family members resident overseas at the end of the transition period and who are returning to Jersey from the EEA or Switzerland with a UK national to provide access to the Scheme for family members of EEA and Swiss citizens resident in Jersey by the end of the transition period and who are exempt from immigration control to require evidence that a parent or grandparent is dependent on the resident EEA or Swiss national where the applicant is outside Jersey at the end of the transition period to incorporate in Appendix EU(J) and EU(J)(Family Permit) provision for the cancellation and curtailment of leave under the Scheme
RESOURCE IMPLICATIONS: None as a consequence of this decision.
ACTION REQUIRED: The Jersey Customs and Immigration Service to make the appropriate amendments to the Jersey Immigration Rules referred to in the attached report, to come into effect at 11pm on 31 December 2020. 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: Jersey EU Settlement Scheme: Notice of Changes

Justice and

Home Affairs

Customs and Immigration Service

Report

To: Minister for Home Affairs

Submitted By: Senior Manager Immigration and Nationality

Date: 27th November 2020

Notice of Changes to the Immigration Rules: Jersey EU Settlement Scheme

There is a need to amend the Jersey Immigration Rules (“the Rules”) concerning the

Jersey EU Settlement Scheme (“the Scheme”).

The Settlement Scheme is contained in Appendix EU(J) to the Jersey Immigration Rules, and Appendix EU(J)(Family Permit), which together provide the basis to apply for the necessary Jersey immigration status (“settled status”).

The eligibility criteria for settled status needs to be consistent throughout the Common Travel Area. For this reason, it is desirable that the criteria for applicants under the Scheme mirror the criteria set out in the UK Immigration Rules for the same purpose.

Amendments to the Scheme, which are mainly to reflect the end of the transition period, are therefore needed to take effect at the same time as they do in the UK Immigration Rules.[1] The amendments may be summarised as follows –

(a) To provide access to the Scheme for resident EEA or Swiss citizens’ existing close family members who are resident overseas at the end of the transition period, provided that the family relationship still exists when the family member seeks to join them in Jersey. The changes also provide access to the Scheme for a child born to or adopted by an EEA or Swiss citizen after the end of the transition period where the EEA or Swiss citizen was resident here by then.

(b) To fix the deadline of 30 June 2021 for applications to the Scheme by EEA or Swiss citizens resident here at the end of the transition period (but with scope to apply after that date where there are reasonable grounds for having missed the deadline).

(c) To widen access to the Scheme, from the end of the transition period for existing close family members resident overseas at that point –

to include children born or adopted after that point, and
to enable their return to Jersey from the EEA or Switzerland with a UK national, having lived together there while the UK national exercised free movement rights.

(d) To provide access to the Scheme for family members of EEA and Swiss citizens resident in Jersey by the end of the transition period who are exempt from immigration control (e.g. because they work for a specified international organisation) and who will be able to apply for a status under the Scheme themselves once they cease to be exempt.

(e) To require evidence that a parent or grandparent is dependent on the resident EEA or Swiss national where the applicant is outside Jersey at the end of the transition period.

(f) To provide in Appendix EU(J) and Appendix EU(J)(Family Permit) for the cancellation and curtailment of leave granted under the Scheme and leave to enter granted by virtue of having arrived in Jersey with an entry clearance that was granted under Appendix EU(J)(Family Permit).

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, with effect from 11pm on 31 December 2020

Senior Manager Immigration and Nationality

Official

[1] At 11pm on 31 December 2020