Justice and
Home Affairs
Customs and Immigration Service
Report
To: Minister for Home Affairs
Submitted By: Mark Cockerham
Head of Service
Customs & Immigration
Date: 3rd July 2020
Subject:
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
There is a need to make amendments to the Jersey Immigration Rules (“the Rules”).
Introduction
(i) Jersey EU Settlement Scheme
The withdrawal of the UK from the EU and the eventual ending of free movement mean that EEA and Swiss nationals in Jersey must apply under Jersey’s EU Settlement Scheme if they still wish to live in the Island.
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”).
(ii) Part 9: General grounds for refusal of entry clearance, leave to remain etc.
Unrelated to the EU Settlement Scheme, Part 9 of the Rules sets out the general grounds for the refusal of entry clearance/leave to enter/remain in Jersey.
The proposed amendments
(i) Jersey EU Settlement Scheme
The eligibility criteria for settled status need to be consistent throughout the Common Travel Area. For this reason, the criteria for applicants under the Settlement Scheme need to mirror the criteria under the Settlement Scheme as set out in the UK Immigration Rules.
Amendments to the Scheme are therefore needed to reflect amendments recently made to the UK Immigration Rules.[1] The amendments may be summarised as follows –
(a) To delete provision previously made for a ‘no deal’ scenario.
(b) To reflect case law[2] concerning which extended family members are able to reside with an EEA citizen (to include a child under 18 subject to a non-adoptive legal guardianship order in favour of an EEA citizen).
(c) To include in the Scheme certain non-EEA nationals issued with a residence document in the UK (under transitional provisions for a family member of a British citizen with dual UK/EEA nationality)[3] and in other respects to ensure that applicants under the Settlement Scheme are able to rely on residence documents in all respects line with the Withdrawal Agreement.
(ii) Part 9: General grounds for refusal of entry clearance etc.
Part 9 needs to be revised extensively in the light of changes to other provisions of the Rules. The amendments are of such nature that it is proposed that Part 9 be replaced.
The resulting amendments may be summarised as follows –
(a) To make Part 9 consistent with the wording of provisions in –
(i) the Settlement Scheme relating to refusal of applications; and
(ii) Appendix V governing visit visas/leave to enter Jersey as a visitor.[4]
(b) To replace several references to the States of Jersey with references to the Government of Jersey.
(c) To make it a ground of refusal of entry clearance that an applicant has failed to pay previous litigation costs awarded to the Minister.
(d) To provide that leave to enter/remain may be curtailed in the case of a dependant of an asylum applicant where the asylum applicant’s claim for asylum has failed.
(e) To clarify how a period of overstaying is to be calculated in cases where a person applied for leave to remain during that period or where a related review was pending, or where the overstaying arose from a decision of the Minister.
(d) To delete paragraph 321 which limits the grounds[5] on which a person who holds an entry clearance may be refused leave to enter (the same paragraph having been deleted in the UK immigration rules).
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.
Mark Cockerham
Head of Service
Customs & Immigration