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Jersey Immigration Rules: Amendments

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A decision made on 14 January 2019

Decision Reference: MD-HA-2019-0004

Decision Summary Title :

Amendment to the Jersey Immigration Rules –

Students enrolled on a recognised full-time degree level course in Jersey

Date of Decision Summary:

22 November 2018

Decision Summary Author:

Acting Head of Service, Customs and Immigration

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Amendment to the Jersey Immigration Rules –

Students enrolled on a recognised full-time degree level course in Jersey

Date of Written Report:

22 November 2018

Written Report Author:

Acting Head of Service, Customs and Immigration

Written Report :

Public or Exempt?

Public

Subject: Amendment to the Jersey Immigration Rules in respect of students enrolled on a recognised full-time degree course of no more than 5 years duration in Jersey.

Decision(s): The Minister for Home Affairs approved changes to the Jersey Immigration Rules (“the Rules”) to allow full-time degree level students in Jersey, who are on a recognised course of no longer than 5 years duration, to undertake a work placement which forms an assessed part of the course and does not exceed half of the total length of the course. In addition, to take employment during term time of no more than 20 hours per week and employment (of any duration) during vacations where the student is following a full-time degree course in Jersey.

 

The Minister also approved changes to the Rules so that the requirements to be met by a person seeking leave to enter Jersey as a student will now include that they have not anywhere in the United Kingdom and Islands been granted leave to enter as a student on a full-time degree course in the preceding 5 years. Similarly, requirements for an extension of stay as a student will now include that the extension will not result in a person spending more than 5 years on full-time degree courses in the United Kingdom; and Islands.

 

Reason(s) for Decision: At present, the Rules do not allow students to take employment. However, further to discussions with the Minister for Education, the Minister for Home Affairs approved changes to the student provisions in the Jersey Immigration Rules to allow full-time degree level students in Jersey, who are on a recognised course of no longer than 5 years duration, to undertake employment in accordance with paragraph 57(v) of the Rules.

 

At present, the Rules also do not set a limit for the total period of time that a person can spend on a degree course in the United Kingdom and Islands. The changes to the Rules rectify this position.

Resource Implications: None as a consequence of this decision.

Action required: The changes to the Jersey Immigration Rules in relation to students to be inserted in the Jersey Immigration Rules, in accordance with the attached report, and to come into effect on the day on which this Ministerial Decision is signed.

 

The updated Jersey Immigration Rules will then be made available on gov.je

Signature:

 

Position:

 

Connétable Len Norman

Minister for Home Affairs

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

Hide report
Jersey Immigration Rules: Amendments

 

PART 3: PERSONS SEEKING TO ENTER OR REMAIN IN JERSEY FOR STUDIES

 

STUDENTS

 

Requirements for leave to enter as a student

 

  1. The requirements to be met by a person seeking leave to enter Jersey as a student are that he:

 

(i)                  has been accepted for a course of study at:

 

(a)          a publicly funded institution of further or higher education; or

 

(b)          a bona fide private education institution which maintains satisfactory records of enrolment and attendance; or

 

(c)           a fee paying school outside the wholly maintained sector; and

 

(ii)                is able and intends to follow either:

 

(a)          a recognised full-time degree course of no more than 5 years duration at a publicly funded institution of further or higher education; or

 

(b)          a weekday full-time degree course of no more than 5 years duration involving attendance at a single institution for a minimum of 15 hours organised daytime study per week of a single subject or directly related subjects, or

 

(c)           a full-time course of study at a fee paying school; and

 

(iii)              if under the age of 16 years is enrolled at a fee paying school outside the wholly maintained sector on a full-time course of studies which meets the requirements of current Jersey legislation; and

 

(iv)              intends to leave Jersey at the end of his studies; and

 

(v)                does not intend to engage in business or to take employment except;: and

 

(a) employment during term time of no more than 20 hours per week and employment (of any duration) during vacations, where the student is following a full-time degree course,

 

(b) employment as part of a course-related work placement which forms an assessed part of the full-time course provided that any period spent on the placement does not exceed  half of the total length of the course; and

 

(vi)              is able to meet the costs of his course and accommodation and the maintenance of himself and any dependants without taking employment (other than is permitted under paragraph 57 (v)) or engaging in business (other than is permitted under paragraph 57 (v)), or having recourse to public funds; and

 

(vi)(vii)   has not anywhere in the United Kingdom and Islands been granted leave to enter as a student on a full-time degree course in the preceding 5 years; and

 

(viii)          holds a valid entry clearance for entry in this capacity.

 

 

 

Leave to enter as a student

 

58.  A person seeking leave to enter Jersey as a student may be admitted for an appropriate period depending on the length of his course of study and his means, and with a condition prohibiting employment (other than is permitted under paragraph 57 (v)), provided he is able to produce to the Immigration Officer on arrival a valid entry clearance for entry in this capacity.


 

 

Refusal of leave to enter as a student

 

  1.           Leave to enter as a student is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 57 is met.

 

Requirements for an extension of stay as a student

 

  1.           The requirements for an extension of stay as a student are that the applicant:

 

(i)                   

(a)          was last admitted to Jersey in possession of a valid student entry clearance in accordance with paragraphs 57-62 of these Rules; or

 

(b)          has previously been granted leave to enter or remain in Jersey to re-sit an examination in accordance with paragraphs 69A-69K of these Rules; or

 

(c)           if he has been accepted on a course of study at degree level or above, has previously been granted leave to enter or remain in Jersey in accordance with paragraphs 128-135 of these Rules; or

 

(ii)                meets the requirements for admission as a student set out in paragraph 57 (i)-(vi); and

 

(iii)               has produced evidence of his enrolment on a course which meets the requirements of paragraph 57; and

 

(iv)              can produce satisfactory evidence of regular attendance during any course which has already begun; or any other course for which he has been enrolled in the past; and

 

(v)                can show evidence of satisfactory progress in his course of study including the taking and passing of any relevant examinations; and

 

(vi)              would not, as a result of an extension of stay:

 

(a) spend more than 2 years on short courses below degree level (i.e. courses of less than 1 year’s duration, or longer courses broken off before completion) in the United Kingdom and Islands; or,

 

(b) spend more than 5 years on full-time degree courses in the United Kingdom; and Islands; and

 

 spend more than 2 years on short courses below degree level (i.e. courses of less than 1 year’s duration, or longer courses broken off before completion); and

 

(vii)             has not come to the end of a period of government or international scholarship agency sponsorship, or has written consent of his official sponsor for a further period of study in Jersey and satisfactory evidence that sufficient sponsorship funding is available; and

 

(viii)           must not be in Jersey in breach of immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded.

 

Extension of stay as a student

 

  1.           Extension of stay as a student may be granted, subject to a condition prohibiting employment (other than is permitted under paragraph 57 (v)), provided the Minister is satisfied that the applicant meets each of the requirements of paragraph 60.

 

Refusal of extension of stay as a student

 

  1.           An extension of stay as a student is to be refused if the Minister is not satisfied that each of the requirements of paragraph 60.

 

63-68 [not used]

 

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