Appendix EU(J):
EU citizens and family members
Purpose
EU(J)1. This Appendix sets out the basis on which an EU citizen[1] and their family members, and the family members of a qualifying British citizen, will, if they apply under it, be granted indefinite leave to remain or limited leave to remain.
Requirements and procedure
EU(J)2. The applicant will be granted indefinite leave to remain where:
- A valid application has been made in accordance with paragraph EU(J)9;
- The applicant meets the eligibility requirements for indefinite leave to remain in accordance with paragraph EU(J)11 or EU(J)12; and
- The applicant is not to be refused on grounds of suitability in accordance with paragraph EU(J)15 or EU(J)16.
EU(J)3. The applicant will be granted five years’ limited leave to remain where:
- A valid application has been made in accordance with paragraph EU(J)9;
- The applicant does not meet the eligibility requirements for indefinite leave to remain in accordance with paragraph EU(J)11 or EU(J)12, but meets the eligibility requirements for limited leave to remain in accordance with paragraph EU(J)14; and
- The applicant is not to be refused on grounds of suitability in accordance with paragraph EU(J)15 or EU(J)16.
EU(J)4. Where a person has been granted limited leave to remain under this Appendix:
- They must continue to meet the eligibility requirements for that leave which they met at the date of application (unless that leave was granted on the basis that they were a child, dependent parent or dependent relative) or meet other eligibility requirements for limited leave to remain in accordance with paragraph EU(J)14;and
- They remain able to apply for indefinite leave to remain under this Appendix and will be granted this where the requirements in paragraph EU(J)2 are met.
EU(J)5. Where a person has been granted indefinite leave to remain or limited leave to remain under this Appendix and that person also has a right to reside whether under section 7(1) of the 1988 Act read with the EEA Regulations or directly under the EEA Regulations, the leave does not have effect to the person’s detriment in so far as the leave is incompatible with that right to reside for as long as that person has that right.
EU(J)6. A valid application made under this Appendix which does not meet the requirements for indefinite leave to remain or limited leave to remain will be refused.
EU(J)7. Annex 1 sets out definitions which apply to this Appendix. Any provision made for those terms elsewhere in the Immigration Rules does not apply to an application made under this Appendix.
EU(J)8. Annex 2 applies to the consideration by the decision-maker of a valid application made under this Appendix.
Valid application
EU(J)9. A valid application has been made under this Appendix where:
(a) The application has been made in Jersey using the specified application process;
(b) The required proof of identity and nationality has been provided;
(c) The specified biometrics have been provided.
EU(J)10. An application will not be accepted where it does not meet the requirements in paragraph EU(J)9.
Eligibility for indefinite leave to remain
Persons eligible for indefinite leave to remain as a relevant EU citizen or their family member
EU(J)11. The applicant meets the eligibility requirements for indefinite leave to remain as a relevant EU citizen or their family member where the decision-maker is satisfied, including (where applicable) by the required evidence of family relationship, that, at the date of application, one of conditions 1 to 7 set out in the following table is met:
Condition | Is met where: |
1. | (a) The applicant is (i) a relevant EU citizen, (ii) a family member of a relevant EU citizen or (iii) a family member who has retained the right of residence by virtue of a relationship with a relevant EU citizen; and (b) The applicant has a documented right of permanent residence; and (c) No supervening event has occurred |
2. | (a) The applicant is (i) a relevant EU citizen, (ii) a family member of a relevant EU citizen or (iii) a family member who has retained the right of residence by virtue of a relationship with a relevant EU citizen; and (b) There is valid evidence of their indefinite leave to enter or remain |
3. | (a) The applicant is (i) a relevant EU citizen, (ii) a family member of a relevant EU citizen or (iii) a family member who has retained the right of residence by virtue of a relationship with a relevant EU citizen; and (b) The applicant has completed a continuous qualifying period of five years in any (or any combination) of those categories; and (c) Since then no supervening event has occurred |
4. | (a) The applicant is a relevant EU citizen who is a person who has ceased activity; and (b) Since they did so, no supervening event has occurred |
5. | (a) The applicant is a family member of a relevant EU citizen who is a person who has ceased activity; and (b) The relevant EU citizen has been or is being granted indefinite leave to remain under this Appendix or under its equivalent elsewhere in the United Kingdom and Islands (or would be granted that leave, if they made a valid application under this Appendix); and (c) Sub-paragraph (a) was met at the point at which the relevant EU citizen became a person who has ceased activity; and (d) Since the relevant EU citizen became a person who has ceased activity, no supervening event has occurred |
6. | (a) The applicant is a family member of a relevant EU citizen who has died and the relevant EU citizen was resident in Jersey or elsewhere in the United Kingdom and Islands as a worker or self-employed person at the time of their death; and (b) The relevant EU citizen was resident in Jersey or elsewhere in the United Kingdom and Islands for a continuous qualifying period of at least two years before dying, or the death was the result of an accident at work or an occupational disease; and (c) The applicant was resident in Jersey or elsewhere in the United Kingdom and Islands with the relevant EU citizen immediately before their death and since then no supervening event has occurred |
7. | (a) The applicant is a child under the age of 21 years of a relevant EU citizen or of their spouse or civil partner, and either: (i) The marriage was contracted or civil partnership was formed before the specified date; or (ii) The person who is now their spouse or civil partner was the durable partner of the relevant EU citizen before the specified date (the definition of durable partner in Annex 1 being met before that date rather than at the date of application) and the partnership remained durable at the specified date; and (b) The relevant EU citizen (or, as the case may be, their spouse or civil partner) has been or is being granted indefinite leave to remain under this Appendix or under its equivalent elsewhere in the United Kingdom and Islands (or, in the case of an Irish citizen who has not made a valid application under this Appendix, they would be granted that leave if they made such an application) |
Persons eligible for indefinite leave to remain as a family member of a qualifying British citizen
EU(J)12. The applicant meets the eligibility requirements for indefinite leave to remain as a family member of a qualifying British citizen, or as a family member who has retained the right of residence by virtue of a relationship with a qualifying British citizen, where the decision-maker is satisfied, including by the required evidence of family relationship, that, at the date of application, one of conditions 1 to 4 set out in the following table is met:
Condition | Is met where: |
1. | (a) The applicant is (i) a family member of a qualifying British citizen or (ii) a family member who has retained the right of residence by virtue of a relationship with a qualifying British citizen; and (b) The applicant has a documented right of permanent residence; and (c) No supervening event has occurred |
2. | (a) The applicant is (i) a family member of a qualifying British citizen or (ii) a family member who has retained the right of residence by virtue of a relationship with a qualifying British citizen; and (b) There is valid evidence of their indefinite leave to enter or remain |
3. | (a) The applicant is (i) a family member of a qualifying British citizen or (ii) a family member who has retained the right of residence by virtue of a relationship with a qualifying British citizen; and (b) The applicant has completed a continuous qualifying period of five years in either (or any combination) of those categories; and (c) The applicant was, for any period of residence as a family member of a qualifying British citizen relied upon under sub-paragraph (b), in Jersey lawfully under s. 7(1) of the 1988 Act read with regulation 9(1) to (6) of the EEA Regulations (regardless of whether the qualifying British citizen would have ranked as a qualified person under regulation 6); and (d) Since completing the continuous qualifying period of five years, no supervening event has occurred |
4. | (a) The applicant is a child under the age of 21 years of the spouse or civil partner of the qualifying British citizen (and the marriage or civil partnership was formed before the specified date); and (b) The applicant is in Jersey lawfully under s. 7(1) of the 1988 Act read with regulation 9(1) to (6) of the EEA Regulations (regardless of whether the qualifying British citizen would rank as a qualified person under regulation 6); and (c) The spouse or civil partner has been or is being granted indefinite leave to remain under this Appendix |
EU(J)13. The reference to the applicant completing a continuous qualifying period of five years:
- In condition 3 in the table in paragraph EU(J)12 can include a period (or combination of periods) during which the applicant was a relevant EU citizen, a family member of a relevant EU citizen or a family member who has retained the right of residence by virtue of a relationship with a relevant EU citizen before becoming the family member of a qualifying British citizen; and
- In condition 3 in the table in paragraph EU(J)11 can include a period during which the applicant was a family member of a qualifying British citizen or a family member who has retained the right of residence by virtue of a relationship with a qualifying British citizen before becoming (as the case may be) a relevant EU citizen, a family member of a relevant EU citizen or a family member who has retained the right of residence by virtue of a relationship with a relevant EU citizen.
Eligibility for limited leave to remain
EU(J)14. The applicant meets the eligibility requirements for limited leave to remain where the decision-maker is satisfied, including (where applicable) by the required evidence of family relationship, that, at the date of application, condition 1 or 2 set out in the following table is met:
Condition | Is met where: |
1. | (a) The applicant is (i) a relevant EU citizen, (ii) a family member of a relevant EU citizen or (iii) a family member who has retained the right of residence by virtue of a relationship with a relevant EU citizen; and (b) The applicant is not eligible for indefinite leave to remain under this Appendix solely because they have completed a continuous qualifying period of less than five years |
2. | A or B applies: |
A. | (a) The applicant is (i) a family member of a qualifying British citizen and is in Jersey lawfully under s. 7(1) of the 1988 Act read with regulation 9(1) to (6) of the EEA Regulations (regardless of whether the qualifying British citizen would rank as a qualified person under regulation 6), or (ii) a family member who has retained the right of residence by virtue of a relationship with a qualifying British citizen; and (b) In either case, the applicant is not eligible for indefinite leave to remain under this Appendix solely because they have completed a continuous qualifying period of less than five years |
B. | (a) The applicant is a child under the age of 21 years of the spouse or civil partner of the qualifying British citizen (and the marriage or civil partnership was formed before the specified date); and (b) The applicant is in Jersey lawfully under s. 7(1) of the 1988 Act read with regulation 9(1) to (6) of the EEA Regulations (regardless of whether the qualifying British citizen would rank as a qualified person under regulation 6); and (c) The spouse or civil partner has been or is being granted limited leave to remain under this Appendix |
Suitability
EU(J)15. An application made under this Appendix will be refused on grounds of suitability where any of the following apply at the date of decision:
(a) The applicant is subject to a deportation order or of a decision to make a deportation order; or
(b) The applicant is subject to an exclusion order or exclusion decision.
EU(J)16. An application made under this Appendix may be refused on grounds of suitability where, at the date of the decision, the decision-maker is satisfied that it is proportionate to refuse the application where:
(a) In relation to the application and whether or not to the applicant’s knowledge, false or misleading information, representations or documents have been submitted (including false or misleading information submitted to any person to obtain a document used in support of the application); and the information, representation or documentation is material to the decision whether or not to grant the applicant indefinite leave to remain or limited leave to remain under this Appendix;
(b) The applicant is subject to a removal decision under the EEA Regulations on the grounds of their non-exercise or misuse of rights under Directive 2004/38/EC
EU(J)17. The references in paragraphs EU(J)15 and EU(J)16 to an order or decision to which the applicant is subject do not include an order or decision which, at the date of decision on their application under this Appendix, has been set aside or no longer has effect in respect of the applicant
Annex 1 – Definitions
Term | Definition |
1988 Act | the Immigration Act 1988 as extended to Jersey by the Immigration (Jersey) Order 1993 (or, in the application of s. 7 of the Immigration Act 1988 to persons in the Bailiwick of Guernsey or in the Isle of Man, the said Act as extended to each of those jurisdictions) |
2007 Act | the UK Borders Act 2007 as extended to Jersey by The Immigration (Biometric Registration (Jersey) Order 2018 |
adopted child | a child adopted in accordance with a decision taken by the competent administrative authority or court in Jersey or elsewhere in the United Kingdom and Islands or in a country whose adoption orders are recognised by Jersey, or in a particular case in which that decision in another country has been recognised in Jersey as an adoption |
child | (a) the direct descendant of a relevant EU citizen (or of a qualifying British citizen) or of their spouse or civil partner and is under the age of 21 years; or (b) (i) the direct descendant aged 21 years or over of a relevant EU citizen (or of a qualifying British citizen) or of their spouse or civil partner, and (ii) dependent on the relevant EU citizen (or on the qualifying British citizen) or on their spouse or civil partner, unless the person was previously granted limited leave to remain under this Appendix or its equivalent elsewhere in the United Kingdom and Islands as a child on the basis that paragraph (a) above applied ‘dependent’ means here that: (a) having regard to their financial and social conditions, or health, the applicant cannot meet their essential living needs (in whole or in part) without the financial or other material support of the relevant EU citizen (or of the qualifying British citizen) or of their spouse or civil partner; and (b) such support is being provided to the applicant by the relevant EU citizen (or by the qualifying British citizen) or by their spouse or civil partner; and (c) where the applicant was aged 21 years or over when they came to Jersey or to another part of the United Kingdom and Islands to join the relevant EU citizen or their spouse or civil partner, the need for such support existed in the applicant’s state of origin or in the state from which they came to Jersey or to the other part of the United Kingdom and Islands, but there is no need to determine the reasons for that dependence or for the recourse to that support in addition: (a) ‘child’ includes: (i) an adopted child of; or (ii) a child born through surrogacy (where recognised by the law of Jersey) for; or (iii) a child in respect of whom an order under Article 7 of the Children (Jersey) Law 2002 is in force appointing as their guardian a relevant EU citizen (or a qualifying British citizen) or their spouse or civil partner, but ‘child’ does not include a child cared for by a relevant EU citizen (or by a qualifying British citizen) or their spouse or civil partner solely by virtue of a formal or informal fostering arrangement; (ab) ‘child’ also includes a person who would rank as a child under the equivalent provision to this Appendix elsewhere in the United Kingdom and Islands (b) ‘direct descendant’ also includes a grandchild or great-grandchild, other than for the purpose of meeting condition 7 in the table in paragraph EU(J)11 or condition 2 in the table in paragraph EU(J)12; (c)‘spouse or civil partner’ means (as the case may be) the person described in sub-paragraph (a)(i) of the entry for ‘family member of a qualifying British citizen’ or in sub-paragraph (a) of the entry for ‘family member of a relevant EU citizen’ in this table |
civil partner | | (a) the person is, or (as the case may be) for the relevant period was, in a valid civil partnership (which exists or existed under or by virtue of the Civil Partnership (Jersey Law 2012); or is, or (as the case may be) for the relevant period was, in a same sex relationship registered overseas which is, or was, entitled to be treated as a civil partnership under that Law, with a relevant EU citizen (or with a qualifying British citizen); and (b) it is, or (as the case may be) for the relevant period was, not a civil partnership of convenience; and (c) neither party has, or (as the case may be) for the relevant period had, another civil partner, a spouse or a durable partner with (in any of those circumstances) immigration status in Jersey or elsewhere in the United Kingdom and Islands based on that person’s relationship with that party |
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continuous qualifying period | a period of residence in Jersey or elsewhere in the United Kingdom and Islands: (a) which began before the specified date (or after that date where the person is a family member of a relevant EU citizen and was resident outside the UK at that date); and (b) during which none of the following occurred: (i) absence(s) from the United Kingdom and Islands which exceeded a total of six months in any 12-month period, except for: (aa) a single period of absence which did not exceed 12 months and was for an important reason (such as pregnancy, childbirth, serious illness, study, vocational training or an overseas posting); or (bb) any period of absence on compulsory military service; or (ii) the person served or is serving a sentence of imprisonment of any length in Jersey or elsewhere in the United Kingdom and Islands; or (iii) any of the following, unless it has been set aside or no longer has effect in respect of the person: (aa) any decision or order to exclude or remove under regulation 23 or 32 of the EEA Regulations; or (bb) a decision to which regulation 15(4) of the EEA Regulations otherwise refers, unless that decision arose from a previous decision under regulation 24(1); or (cc) an exclusion decision; or (bb) a deportation order; and (c) (where the period is less than five years) which continues at the date of application |
custody of a child | the child normally lives with the applicant or does so part of the time, and includes arrangements agreed informally and those which are subject to a court order for determining with whom the child is to live and when |
date of application | the date on which the application is submitted under the specified application process |
decision-maker | the Minister |
dependent parent | the direct relative in the ascending line of a relevant EU citizen (or of a qualifying British citizen) or of their spouse or civil partner in addition: (a) ‘direct relative in the ascending line’ includes a grandparent or great-grandparent; and (b) ‘spouse or civil partner’ means (as the case may be) the person described in sub-paragraph (a)(i) of the entry for ‘family member of a qualifying British citizen’ or in sub-paragraph (a) of the entry for ‘family member of a relevant EU citizen’ in this table; and (c) the dependence of the direct relative in the ascending line on the relevant EU citizen (or on the qualifying British citizen), or on their spouse or civil partner, is assumed |
dependent relative | (a) a relative of their sponsor but not the sponsor’s spouse, civil partner, durable partner, child or dependent parent; and the relative is, or (as the case may be) for the relevant period was, a dependant of the sponsor, a member of their household or in strict need of their personal care on serious health grounds; and (b) holds a relevant document as the dependent relative of their sponsor for the period of residence relied upon ‘sponsor’ means here: (a) a relevant EU citizen who has been or is being granted indefinite leave to remain or limited leave to remain under this Appendix or under its equivalent elsewhere in the United Kingdom and Islands (or who would be granted that leave, if they made a valid application under this Appendix); or (b) the spouse or civil partner of such a relevant EU citizen, where the application for that relevant document was made before 1 February 2017 |
deportation order | an order under section 5(1) of the Immigration Act 1971 made in Jersey or elsewhere in the United Kingdom and Islands |
documented right of permanent residence | the decision-maker is satisfied from the information available to them that the person (a) has been issued by the Minister with a document in accordance with Immigration Rules 255 – 258 in an appropriate form certifying permanent residence or a permanent residence card, and this document or card has not been revoked or otherwise ceased to be effective; or (b) has a documented right of permanent residence effective under the equivalent provision to this Appendix elsewhere in the United Kingdom and Islands |
durable partner | (a) the person is, or (as the case may be) for the relevant period was, in a durable relationship with a relevant EU citizen, with the couple having lived together in a relationship akin to a marriage or civil partnership for at least two years (unless there is other significant evidence of the durable relationship); and (b) the person holds a relevant document as the durable partner of the relevant EU citizen for the period of residence relied upon, unless the date of application is after the specified date and the person was resident outside the United Kingdom and Islands at that date; and (c) it is, or (as the case may be) for the relevant period was, not a durable partnership of convenience; and (d) neither party has, or (as the case may be) for the relevant period had, another durable partner, a spouse or a civil partner with (in any of those circumstances) immigration status in Jersey or elsewhere in the United Kingdom and Islands based on that person’s relationship with that party in addition, to meet condition 6 in the table in paragraph EU(J)11, the above requirements are to be met with reference to the period immediately before the death of the relevant EU citizen rather than to the date of application |
educational course | a general educational course, apprenticeship or vocational training course, as provided by regulation 10(7) of the EEA Regulations |
EEA Regulations | the Immigration (European Economic Area) Regulations 2016 (as they have effect in the UK at the date of application) being provision made in the UK under section 2(2) of the European Communities Act 1972 (to which s. 7(1) of the 1988 Act refers) and where relevant includes the corresponding provision made in the Isle of Man |
EU citizen | a person who is a national of: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain or Sweden |
evidence of birth | (a) (in the case of a child) the full birth certificate or other document(s) which the decision-maker is satisfied evidences that the applicant is the direct descendant of the relevant EU citizen (or of the qualifying British citizen) or of their spouse or civil partner, as described (as the case may be) in sub-paragraph (a)(i) of the entry for ‘family member of a qualifying British citizen’ or in sub-paragraph (a) of the entry for ‘family member of a relevant EU citizen’ in this table; or (b) (in the case of a dependent parent) the full birth certificate or other document(s) which the decision-maker is satisfied evidences that the applicant is the direct relative in the ascending line of the relevant EU citizen (or of the qualifying British citizen) or of their spouse or civil partner, as described in sub-paragraph (a), above |
exclusion decision | a direction given by the Minister that a person must be refused entry to Jersey on the ground that that person’s presence here would not be conducive to the public good or a direction given elsewhere in the United Kingdom and Islands having equivalent effect there. |
exclusion order | an order made under regulation 23(5) of the EEA Regulations |
family member of a qualifying British citizen | a person who has satisfied the decision-maker, including by the required evidence of family relationship, that: (a) they are (and for the relevant period have been), or (as the case may be) for the relevant period they were: (i) the spouse or civil partner of a qualifying British citizen, and the marriage was contracted or the civil partnership was formed before the specified date; or (ii) the child or dependent parent of a qualifying British citizen; or (iii) the child or dependent parent of the spouse or civil partner of a qualifying British citizen, as described in sub-paragraph (i), above; and (b) they satisfied, or would in the UK have satisfied, regulation 9(2) and (4)(a) of the EEA Regulations (as the family member (“F”) to whom those provisions refer) immediately before returning to Jersey with the qualifying British citizen (who is to be treated as the British citizen (“BC”) to whom those provisions refer) |
family member of a relevant EU citizen | a person who has satisfied the decision-maker, including by the required evidence of family relationship, that they are (and for the relevant period have been), or (as the case may be) for the relevant period (or at the relevant time) they were: (a) the spouse or civil partner of a relevant EU citizen, and: (i) the marriage was contracted or the civil partnership was formed before the specified date; or (ii) the applicant was the durable partner of the relevant EU citizen before the specified date (the definition of ‘durable partner’ in this table being met before that date rather than at the date of application) and the partnership remained durable at the specified date; or (b) the durable partner of a relevant EU citizen, and: (i) the partnership was formed and was durable before the specified date; and (ii) the partnership remains durable at the date of application (or it did so for the relevant period or immediately before the death of the relevant EU citizen); or (c) the child or dependent parent of a relevant EU citizen; or (d) the child or dependent parent of the spouse or civil partner of a relevant EU citizen, as described in sub-paragraph (a), above; or (e) resident in Jersey or elsewhere in the United Kingdom and Islands before the specified date as the dependent relative of a relevant EU citizen (or of their spouse or civil partner, where the application for the relevant document referred to in the entry for ‘dependent relative’ in this table was made before 1 February 2017) and that family relationship and the person’s dependency (or, as the case may be, their membership of the household or their strict need for personal care on serious health grounds) existed before the specified date (or, as the case may be, before 1 February 2017) |
family member who has retained the right of residence | a person who has satisfied the decision-maker, including by the required evidence of family relationship, that the requirements set out in one of sub-paragraphs (a) to (d), below, are met: (a) the applicant is a non-EU citizen who: (i) was the family member of a relevant EU citizen (or of a qualifying British citizen) and that person died; and (ii) was resident in Jersey or elsewhere in the United Kingdom and Islands as the family member of a relevant EU citizen (or of a qualifying British citizen) for a continuous qualifying period of at least a year immediately before the death of that person; or (b) the applicant is an EU citizen or non-EU citizen who: (i) is the child of: (aa) a relevant EU citizen (or of a qualifying British citizen) who has died or of their spouse or civil partner immediately before their death; or (bb) a person who ceased to be a relevant EU citizen (or a qualifying British citizen) on ceasing to reside in Jersey or elsewhere in the United Kingdom and Islands or of their spouse or civil partner at that point; and (ii) was attending an educational course in the UK immediately before the relevant EU citizen (or the qualifying British citizen) died or ceased to be a relevant EU citizen (or a qualifying British citizen), and continues to attend such a course; or (c) the applicant is an EU citizen or non-EU citizen who is the parent with custody of a child who meets the requirements of sub-paragraph (b); or (d) the applicant (“A”) is a non-EU citizen who: (i) ceased to be a family member of a relevant EU citizen (or a qualifying British citizen) on the termination of the marriage or civil partnership of A; for the purposes of this provision, where, after the initiation of the proceedings for that termination, that relevant EU citizen ceased to be a relevant EU citizen (or that qualifying British citizen ceased to be a qualifying British citizen), they will be deemed to have remained a relevant EU citizen (or, as the case may be, a qualifying British citizen) until that termination; and (ii) was resident in Jersey or elsewhere in the United Kingdom and Islands at the date of the termination; and (iii) one of the following applies: (aa) prior to the initiation of the proceedings for the termination of the marriage or the civil partnership, the marriage or civil partnership had lasted for at least three years and the parties to the marriage or civil partnership had been resident in Jersey or elsewhere in the United Kingdom and Islands for a continuous qualifying period of at least one year during its duration; or (bb) A has custody of a child of the relevant EU citizen (or the qualifying British citizen); or (cc) A has the right of access to a child of the relevant EU citizen (or the qualifying British citizen), where the child is under the age of 18 years and where a court has ordered that such access must take place in Jersey or elsewhere in the United Kingdom and Islands; or (dd) the continued right of residence in Jersey or elsewhere in the United Kingdom and Islands of A is warranted by particularly difficult circumstances, such as where A or another family member has been a victim of domestic violence or abuse whilst the marriage or civil partnership was subsisting |
full birth certificate | a birth certificate recognised in Jersey which records the name of the mother and (where registered) the father |
immigration status in Jersey | indefinite or limited leave to enter or remain in Jersey under or outside the Immigration Rules; exemption from immigration control; or the entitlement to reside in Jersey or the right of permanent residence in Jersey through s. 7(1) of the 1988 Act that the person would have in the UK under regulations 13 to 15 of the EEA Regulations |
Irish citizen | a person who is an Irish citizen as a matter of Irish law |
marriage of convenience civil partnership of convenience durable partnership of convenience | a marriage, civil partnership or durable partnership entered into as a means to circumvent: (a) any criterion the party would have to meet in order to enjoy a right to enter or reside in Jersey or elsewhere in the United Kingdom and Islands – (i) in Jersey through an entitlement under s. 7(1) of the 1988 Act that the applicant would have in the UK, or (ii) elsewhere in the United Kingdom and Islands, by virtue of the EEA Regulations; or (b) any other provision of immigration law or any requirement of the Immigration Rules in Jersey or elsewhere in the United Kingdom and Islands; or (c) any criterion the party would otherwise have to meet in order to enjoy a right to enter or reside in the UK under EU law |
non-EU citizen | a person who is not an EU citizen and is not a British citizen |
person who has ceased activity | the person: (a) has terminated activity as a worker or self-employed person in Jersey or elsewhere in the United Kingdom and Islands and either reached the age of entitlement to a state pension on terminating that activity or, in the case of a worker, ceased working to take early retirement; and immediately before that termination, was a worker or self-employed person in Jersey or elsewhere in the United Kingdom and Islands for at least 12 months and resided in Jersey or elsewhere in the United Kingdom and Islands for a continuous qualifying period of more than three years; or (b) stopped being a worker or self-employed person owing to permanent incapacity to work, having resided in Jersey or elsewhere in the United Kingdom and Islands for a continuous qualifying period of more than the preceding two years or the incapacity having resulted from an accident at work or an occupational disease that entitles the person to a pension payable in full or in part by an institution in any part of the United Kingdom and Islands; or (c) resided in Jersey or elsewhere in the United Kingdom and Islands for a continuous qualifying period of at least three years as a worker or self-employed person, immediately before becoming a worker or self-employed person in an EU country mentioned in the entry for ‘EU citizen’ in this table, while retaining a place of residence in Jersey or elsewhere in the United Kingdom and Islands to which they return, as a rule, at least once a week in addition, the conditions as to length of residence and of employment in sub-paragraphs (a) and (b), above, do not apply where the relevant EU citizen is the spouse or civil partner of a British citizen (substituting ‘British citizen’ for ‘relevant EU citizen’ in the entry for, as the case may be, ‘spouse’ or ‘civil partner’ in this table) |
qualifying British citizen | a British citizen who: (a) has been or was resident in Jersey with the applicant for a continuous qualifying period which corresponds or corresponded with the continuous qualifying period on which the applicant relies; and (b) satisfied, or would in the UK have satisfied, regulation 9(2) and (4)(a) of the EEA Regulations (as the British citizen (“BC”) to whom those provisions refer) immediately before returning to Jersey with the applicant (who is to be treated as the family member (“F”) to whom those provisions refer) |
relevant document | a family permit, registration certificate, residence card, document certifying permanent residence or permanent residence card which: (a) was issued by Jersey or by another jurisdiction in the United Kingdom and Islands under Immigration Rules or under the EEA Regulations (and was not subsequently revoked, or fell to be so, because the relationship or dependency had never existed or had ceased); and (b) has not expired or which remained valid for the period of residence relied upon |
relevant EU citizen | (a) an EU citizen resident in Jersey or elsewhere in the United Kingdom and Islands for a continuous qualifying period which began before the specified date; or (b) an EU citizen who, having been resident in Jersey or elsewhere in the United Kingdom and Islands as described in sub-paragraph (a), above, has been or is being granted indefinite leave to remain under this Appendix or its equivalent elsewhere in the United Kingdom and Islands (or who would be granted that leave, if they made a valid application under this Appendix); or (c) where the applicant is a family member of an EU citizen resident in Jersey or elsewhere in the United Kingdom and Islands for a continuous qualifying period who is a relevant naturalised British citizen, a relevant naturalised British citizen resident in Jersey or elsewhere in the United Kingdom and Islands for a continuous qualifying period |
relevant naturalised British citizen | a relevant EU citizen as described in sub-paragraph (a) of the entry for ‘relevant EU citizen’ in this table, who also: (a) comes, or would in the UK come, within paragraph (b) of the definition of “EEA national” in regulation 2(1) of the EEA Regulations; and (b) meets, or would in the UK meet, the criteria contained in regulation 9A(2) or (3) as the dual national (“DN”) to whom those provisions refer |
required evidence of family relationship | in the case of: (a) a spouse without a documented right of permanent residence – a relevant document as the spouse of the relevant EU citizen (or of the qualifying British citizen), or a valid marriage certificate recognised under the law of Jersey; (b) a civil partner without a documented right of permanent residence – a relevant document as the civil partner of the relevant EU citizen (or of the qualifying British citizen); a valid civil partnership certificate recognised under the law of Jersey; or the valid overseas registration document for a same sex relationship which is entitled to be treated as a civil partnership under the Civil Partnership (Jersey) Law 2012 (c) a child without a documented right of permanent residence – a relevant document issued on the basis of the relevant family relationship or their evidence of birth; (d) a dependent parent without a documented right of permanent residence – a relevant document issued on the basis of the relevant family relationship or their evidence of birth; (e) a durable partner: (i) a relevant document as the durable partner of the relevant EU citizen and, unless this confirms the right of permanent residence in Jersey or elsewhere in the United Kingdom and Islands, whether under s. 7(1) of the 1988 Act read with regulation 15 of the EEA Regulations, or directly under regulation 15 of the EEA Regulations, evidence which satisfies the decision-maker that the durable partnership continues to subsist (or did so for the period of residence relied upon); or (ii) where the applicant is seeking to come to Jersey after the specified date, evidence which satisfies the decision-maker that the partnership was formed and was durable before that date and that the partnership remains durable; or (f) a dependent relative – a relevant document as the dependent relative of their sponsor (in the entry for ‘dependent relative’ in this table) and, unless this confirms the right of permanent residence in Jersey or elsewhere in the United Kingdom and Islands, whether under s. 7(1) of the 1988 Act read with regulation 15 of the EEA Regulations, or directly under regulation 15 of the EEA Regulations, evidence which satisfies the decision-maker that the relationship continues to subsist (or did so for the period of residence relied upon) in addition: (a) where the eligibility requirements to be met for leave to be granted under this Appendix relate to the death of a person, the required evidence of family relationship must include their death certificate or other evidence which the decision-maker is satisfied evidences the death; and (b) where the applicant is a non-EU citizen without a documented right of permanent residence, the required evidence of family relationship must include: (i) the following proof of identity and nationality of (as the case may be) the relevant EU citizen, or the qualifying British citizen, of whom the applicant is the family member: (aa) (in the case of an EU citizen or a qualifying British citizen) a passport which has not expired; or (bb) (in the case of an EU citizen) their valid national identity card or confirmation that they have been or are being granted indefinite leave to remain or limited leave to remain under this Appendix or under its equivalent elsewhere in the United Kingdom and Islands; or (cc) (in the case of an Irish citizen) a full birth certificate from Ireland or other official documentation which satisfies the decision-maker of their identity and Irish nationality, unless (in any case) the decision-maker agrees to accept alternative evidence of identity and nationality where the applicant is unable to obtain or produce the required document due to circumstances beyond their control or to compelling practical or compassionate circumstances; and (ii) evidence which satisfies the decision-maker that: (aa) where the applicant is a family member of a relevant EU citizen, either that EU citizen was a relevant EU citizen as described in sub-paragraph (a) in the entry for ‘relevant EU citizen’ in this table throughout the continuous qualifying period on which the applicant relies as being a family member of a relevant EU citizen; or that EU citizen is a relevant EU citizen as described in sub-paragraph (b) or (c) in the entry for ‘relevant EU citizen’ in this table; or (bb) where the applicant is a family member of a qualifying British citizen, that British citizen was a qualifying British citizen throughout the continuous qualifying period on which the applicant relies as being a family member of a qualifying British citizen; and (c) where, in order to meet the requirements of this entry, the applicant submits a copy (and not the original) of a document (including by uploading this as part of the specified application process), the decision-maker can require the applicant to submit the original document where the decision-maker has reasonable doubt as to the authenticity of the copy submitted. |
required proof of identity and nationality | (a) (in the case of an EU citizen or a non EU citizen)their valid passport; or (b) (in the case of an EU citizen) their valid national identity card; or (c) (in the case of an Irish citizen) their full birth certificate; or (d) (in the case of a non-EU citizen) their valid residence card in accordance with Immigration Rules 255-258, or their valid specified relevant document unless the decision-maker agrees to accept alternative evidence of identity and nationality where the applicant is unable to obtain or produce the required document due to circumstances beyond their control or to compelling practical or compassionate reasons in addition, ‘valid’ here means that the document is genuine and has not expired or been cancelled or invalidated |
self-employed person | there is evidence which satisfies the decision-maker that the person is, or would in the UK be, or (as the case may be) for the relevant period was, or would in the UK have been either: (a) a self-employed person under regulation 4(1) of the EEA Regulations; or (b) a person who is or was no longer in self-employment but who continues or continued, or would in the UK continue or have continued, to be treated as a self-employed person within the meaning of “qualified person” under regulation 6 |
specified application process | the relevant on-line application form published by the Customs and Immigration Service and the relevant process set out in that form for providing the required proof of identity and nationality |
specified biometrics | a facial photograph of the applicant (within the meaning of “biometric information” in section 15 of the 2007 Act) enrolled as part of the specified application process |
specified date | 2300 Greenwich Mean Time on 31 December 2020 |
specified relevant document | within the meaning of ‘relevant document’ in the relevant entry in this table, a residence card or permanent residence card issued on the basis of an application made on or after 6 April 2015 |
spouse | (a) the person is, or (as the case may be) for the relevant period was, party to a marriage with a relevant EU citizen (or with a qualifying British citizen) and the marriage is recognised under the law of Jersey; and
(b) it is, or (as the case may be) for the relevant period was, not a marriage of convenience; and
(c) neither party has, or (as the case may be) for the relevant period had, another spouse, a civil partner or a durable partner with (in any of those circumstances) immigration status in Jersey or elsewhere in the United Kingdom and Islands based on that person’s relationship with that party |
supervening event | at the date of application: (a) the applicant has been absent from the United Kingdom and Islands for a period of more than five consecutive years (at any point since they last acquired the right of permanent residence in Jersey or elsewhere in the United Kingdom and Islands, whether under s. 7(1) of the 1988 Act read with regulation 15 of the EEA Regulations, or directly under regulation 15 of the EEA Regulations, or since they last completed a continuous qualifying period of five years); or (b) any of the following events has occurred, unless it has been set aside or no longer has effect in respect of the person: (i) any decision or order in the United Kingdom and Islands to exclude or remove under regulation 23 or 32 of the EEA Regulations; or (ii) a decision in the United Kingdom and Islands to which regulation 15(4) of the EEA Regulations otherwise refers, unless that decision arose from a previous decision under regulation 24(1); or (iii) an exclusion decision; or (iv) a deportation order |
termination of the marriage or civil partnership | the date on which a document finally terminating the marriage or civil partnership is issued by a court |
valid evidence of their indefinite leave to enter or remain | (a) a valid biometric immigration document (as defined in section 5 of the UK Borders Act 2007), a valid stamp or endorsement in a passport (whether or not the passport has expired) or other valid document issued by the Customs and Immigration Service or by the appropriate immigration authority of another part of the United Kingdom and Islands, confirming that the applicant has indefinite leave to enter or remain in Jersey which has not lapsed or been revoked or invalidated; or (b) the decision-maker is otherwise satisfied from the information available to them that the applicant has indefinite leave to enter or remain in Jersey which has not lapsed or been revoked or invalidated |
worker | there is evidence which satisfies the decision-maker that the person is, or would in the UK be, or (as the case may be) for the relevant period was, or would in the UK have been, either:
(a) a worker as defined in regulation 4(1) of the EEA Regulations; or (b) a person who is or was no longer working but who continues or continued to be treated as a worker within the meaning of “qualified person” under regulation 6 |
Annex 2 – Consideration of a valid application
A2.1. A valid application made under this Appendix will be decided on the basis of:
(a) the information and evidence provided by the applicant, including in response to any request for further information or evidence made by the decision-maker; and
(b) any other information or evidence made available to the decision-maker (including from other government departments) at the date of decision.
A2.2.(1) For the purposes of deciding whether the applicant meets the eligibility requirements for indefinite leave to remain or for limited leave to remain, the decision-maker may invite the applicant to:
(a) provide further information or evidence that they meet those requirements; or
(b) attend an interview with the decision-maker.
(2) If the applicant purports to meet the eligibility requirements for indefinite leave to remain or for limited leave to remain on the basis of a relationship with another person (“P”), including where P is a qualifying British citizen, the decision-maker may invite P to:
(a) provide information or evidence about their relationship with the applicant or, where P is a qualifying British citizen, their residence in an EU country mentioned in the entry for ‘EU citizen’ in the table at Annex 1 to this Appendix; or
(b) attend an interview with the decision-maker.
(3) If the applicant or P (as the case may be):
(a) fails to provide the information or evidence requested; or
(b) on at least two occasions, fails to attend an interview if so invited,
the decision-maker may draw any factual inferences about whether the applicant meets the eligibility requirements for indefinite leave to remain or for limited leave to remain as appear appropriate in the circumstances.
(4) The decision-maker may decide following the drawing of a factual inference under sub-paragraph (3) that the applicant does not meet the eligibility requirements for indefinite leave to remain or for limited leave to remain.
(5) The decision-maker must not decide that the applicant does not meet the eligibility requirements for indefinite leave to remain or for limited leave to remain on the sole basis that the applicant or P failed on at least two occasions to comply with an invitation to attend an interview.
PART 9: GENERAL GROUNDS FOR THE REFUSAL OF ENTRY CLEARANCE, LEAVE TO ENTER, LEAVE TO REMAIN, VARIATION OF LEAVE TO ENTER OR REMAIN AND CURTAILMENT OF LEAVE IN JERSEY
Refusal of entry clearance or leave to enter Jersey
A320. Part 9 (except for paragraph 322(1)) does not apply to an application for leave to remain on grounds of private life under paragraphs 276ADE-276DH.
B320. Part 9 does not apply to applications made under Appendix EU(J).
C320. Part 9 does not apply to leave to enter or remain that was granted by virtue of Appendix EU(J), except for paragraph 323(ii), which applies to such leave regardless of the application of paragraph 5 of these Rules.
320. In addition to the grounds for refusal of entry clearance or leave to enter set out in Parts 2-8 of these Rules, and subject to paragraph 321 below, the following grounds for the refusal of entry clearance or leave to enter apply.
Grounds on which leave to enter or remain may be curtailed
- A person’s leave to enter or remain may be curtailed:
(i) on any grounds set out in paragraph 322 (2)-(5A) and 12 above; or
(ii) if he ceases to meet the requirements of the Rules under which his leave to enter or remain was granted; or
(iii) his leave to enter or remain is for a purpose not covered by these Rules; or
(iv) where a person has, within the first 6 months of being granted leave to enter, committed an offence for which they are subsequently sentenced to a period of imprisonment.
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