Immigration (Fees) (Jersey) Order 2017: Amendment: Law drafting instructions

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A decision made on 18 March 2021

MINISTERIAL DECISION REFERENCE: MD-HA-2021-0021
Decision Date: 11 March 2021
DECISION SUMMARY TITLE: Amendment of Immigration (Fees) (Jersey) Order 2017
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: Immigration Fees Order amendment of Tariff in Article 2
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 requested that drafting be undertaken to amend the Immigration (Fees) (Jersey) Order 2017 for the following purposes: To make provision for fees in respect of applications for persons to apply for leave to remain for up to 1 year as a work permit holder in temporary employment. To make provision for fees for applications in respect of persons to apply for leave to remain as the dependant of a person in temporary work permit employment.
RESOURCE IMPLICATIONS: There are no financial or manpower implications arising from this decision.
ACTION REQUIRED: The Senior Manager Immigration and Nationality to instruct the Principal Legislative Drafter to prepare the required Order
SIGNATURE:			POSITION: Connétable Len Norman Minister for Home Affairs
DATE SIGNED:			EFFECTIVE DATE OF THE DECISION:

Immigration (Fees) (Jersey) Order 2017: Amendment: Law drafting instructions

Immigration Fees Order amendment of Tariff in Article 2

Drafting Brief

Article 2(2) of the Immigration (Fees) (Jersey) Order 2017 sets out a tariff of fees to accompany applications made in Jersey for leave to remain in Jersey for a limited period.[1] The tariff in Article 2(2) must of course reflect the different types of application that may be made in the Island for leave to remain.

The amendment sought to the tariff in Article 2(2) concerns fees in respect of applications made by persons who have a work permit for temporary employment. The tariff currently lists applications and fees in respect of leave on the basis of work permit employment as follows:

	Person in respect of which an application is made	Fee
(c)	work permit holder, where the work permit enables the person’s employment in an unskilled job for a period not exceeding 9 months	£244.00
(d)	work permit holder, who is not a person mentioned in paragraph (c)	£704.00
(e)	dependant of a work permit holder, where the work permit holder is not a person mentioned in paragraph (c)	£704.00

The description in (c) above no longer reflects fully the range of applications that may now be made under the work permit policy. From 01 January 2021, in place of the “unskilled job” route described in (c), two routes are now available for temporary work permit employment –

one being a 9 month temporary, non-renewable, route for the agriculture, hospitality and fishing sectors, and

the other being a 1 year temporary, but renewable, route for construction workers.

To quote from the policy (on pages 2 and 3) –

“9 Month (Seasonal) Route

This route is available for those individuals employed in both the agriculture and hospitality sectors for a maximum period of 9 months. There is also the ability to apply for work within the fishing industry for employment on fishing vessels as crew for a maximum period of 9 months. ………………… For those granted permission to work in this category they are unable to extend beyond 9 months, switch employment into another temporary route or bring dependents to the Island. … … … …

1 Year Route

This route is available for those individuals employed in the construction industry. Permits will initially be issued for a 1 year period but may be extended on a yearly basis up to a maximum period of 4 years. …………………… For those granted permission to work in this category they are unable to extend permission to stay beyond 4 years, switch employment into another temporary worker category or bring dependents to the Island within the first year of employment. If the work permit is extended beyond 1 year the migrant worker will be able to apply to bring their dependants to the Island. … … … … …”

The description in paragraph (c) of the tariff needs to be widened to refer to a person with a work permit enabling the person’s temporary employment for up to one year. The fee of £244 remains unchanged.

Dependants of a person with a work permit enabling the person’s temporary employment for up to one year cannot join that person. However, on the 1 year route, where it is possible to extend permission – and thus to remain in Jersey – beyond 1 year, there may now be an application by a dependant of the person with the work permit. The tariff needs to reflect this fresh category of applicant who is a dependant of a person with temporary, but extended, work permit employment. The fee in this regard is also still £244.

In order to make the differentiation, an additional 2 references after paragraph (c) of the tariff are required –

(ca) a person with an extension of a permit mentioned in paragraph (c) beyond 1 year [£244]

(cb) a dependant of a person mentioned in paragraph (ca) [£244].

This brings about a need to adjust slightly the wording in categories (d) and (e) [for which the fee remains at £704] – see para 9 & the Appendix.

In short it is requested that the tariff in Article 2(2) be amended in relation to the work permit categories so that those categories read, as highlighted, set out in the Appendix to this Brief.

Senior Manager

Immigration and Nationality

APPENDIX

	Person in respect of which an application is made	Fee
(a)	student	£475.00
(b)	dependant of a student	£475.00
(c)	person with work permit enabling the person’s temporary employment for up to 1 year	£244.00
(ca)	person with extension of permit mentioned in paragraph (c) beyond 1 year	£244.00
(cb)	dependant of a person mentioned in paragraph (ca)	£244.00
(d)	person with work permit other than a person mentioned in paragraph (c) or (ca)	£704.00
(e)	dependant of a person mentioned in paragraph (d)	£704.00
(f)	investor	£1,623.00
(g)	dependant of an investor	£1,623.00
(h)	person seeking leave to remain for a period of 30 months, under Appendix HK(J) British National (Overseas) to the Jersey Immigration Rules, as a BN(O) status holder or a BN(O) household member	£180.00
(i)	dependant of a person mentioned in paragraph (h)	£180.00
(j)	person seeking leave to remain for a period of 5 years, under Appendix HK(J) British National (Overseas) to the Jersey Immigration Rules, as a BN(O) status holder or a BN(O) household member	£250.00
(k)	dependant of a person mentioned in paragraph (j)	£250.00
(l)	a person who is not a person mentioned in any of paragraphs (a) to (k)	£1,033.00

[1] Applications for entry clearance i.e. leave to enter Jersey are made outside Jersey, and the fees for such applications are not covered by the Jersey Fees Order.