Jersey Immigration Rules: Notice of changes

Information about the publication of Ministerial Decisions

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.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made on 6 July 2020

MINISTERIAL DECISION REFERENCE: MD-HA-2020-0044
Decision Date: 3rd July 2020
DECISION SUMMARY TITLE: Notice of changes to the Jersey Immigration Rules: (i) Jersey EU Settlement Scheme – amendment of Appendix EU(J) and Appendix EU(J) (Family Permit) (ii) General grounds for refusal of entry clearance, leave to remain etc. – substitution of Part 9
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: Proposed changes to the Jersey Immigration Rules: (i) Jersey EU Settlement Scheme – amendment of Appendix EU(J) and Appendix EU(J) (Family Permit) (ii) General grounds for refusal of entry clearance, leave to remain etc. – substitution of Part 9
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: (i) Appendix EU(J) and EU(J)(Family Permit) relating to the Jersey EU Settlement Scheme; and (ii) Part 9 which sets out the general grounds for the refusal of entry clearance/leave to enter/remain in Jersey. (i) The 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 – deleting spent provisions for a ‘no deal’ scenario reflecting case law concerning extended family members recognising residence documents issued in the UK under transitional provisions and in line with the Withdrawal Agreement. (ii) General grounds for the refusal of entry clearance etc. Part 9 is replaced in amended form so that – Part 9 is consistent with the provisions of the Jersey Settlement Scheme relating to refusal of applications Part 9 takes account of Appendix V of the Rules which now governs control of entry to Jersey as a visitor references to the States of Jersey are replaced with references to the Government of Jersey entry clearance may be refused for failure to pay previous litigation costs awarded to the Minister leave to remain may be curtailed to a dependant of an asylum applicant where the asylum applicant’s claim has failed it is clear how to calculate a period of overstaying where an application for leave to remain was made during that period or a review was pending, or where the overstaying arose from a decision of the Minister, and the grounds, on which a person who holds an entry clearance may be refused leave to enter, are not confined to fraud, bad character or change of circumstances.
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: