Immigration Fees: Increase with effect from 1 June 2015: Law drafting instructions

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A decision made 7 May 2015:

Decision Reference: MD-HA-2015-0029
Decision Summary Title :	Immigration fee increase		Date of Decision Summary:	7 April 2015
Decision Summary Author:	Director – Legal Status and Revenue Jersey Customs and Immigration Service		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Immigration fee increases		Date of Written Report:	7 April 2015
Written Report Author:	Director – Legal Status and Revenue Jersey Customs and Immigration Service		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Increase in the level of immigration fees charged in Jersey to current UK levels with effect from 1 June 2015.
Decision(s): The Assistant Minister decided to increase the Island’s immigration fees from 1 June 2015 so as to align them with those payable in the UK.
Reason(s) for Decision: The Treasurer of the States has previously given approval (Ref: TR-2011-DD92) to align immigration fees in Jersey with those in the UK. The UK increased its fees from 6 April 2015. It is proposed to increase the Island’s fees from 1 June 2015 so as to align them with the UK.
Resource Implications: The fee increases will generate additional income to be used to offset the costs of the Jersey Customs and Immigration Service.
Action required: The Director, Legal Status and Revenue, Jersey Customs and Immigration Service, to request the Law Draftsman to prepare the necessary draft Order to increase immigration fees from 1 June 2015.
Signature:		Position: Assistant Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):

Immigration Fees: Increase with effect from 1 June 2015: Law drafting instructions

Home Affairs Department

Customs and Immigration Service

To: Assistant Minister for Home Affairs

Submitted by: Steven Le Marquand, Director, Legal Status & Revenue

Date: 7 April 2015

Subject: Immigration Fee Increases

1) Introduction

In 2010 the States of Jersey agreed the introduction of a “user pays” charge for providing certain services to persons subject to immigration control.

The Immigration (Fees) (Jersey) Order 2010 was introduced on 1 May 2010 in accordance with sections 5 and 166(3) of the Immigration and Asylum Act 1999, as extended to Jersey by the Immigration and Asylum 1999 (Jersey) Order 2003. The Order, made by the Minister for Home Affairs, prescribed fees to be paid in connection with applications for –

Leave to remain in the Bailiwick of Jersey;
Variation of leave to enter, or remain in, the Bailiwick of Jersey;
‘No Time Limit Stamp’ to be fixed on the applicant’s passport (or travel document) as the result of the renewal or replacement of his previous passport (or travel document).

In 2011 the former Home Affairs Minister obtained the agreement of the Treasurer of the States (MD-TR-2011-DD92) to adopt a formula allowing immigration fees in Jersey to be aligned to those set in the United Kingdom from 1 January 2012.

Immigration fees have been amended yearly since their introduction in order to maintain alignment with United Kingdom immigration fees, save that in 2012 it was decided not to impose a fee for applicants applying for a ‘No Time Limit Stamp’ (MD-HA-2012-0042).

The current scale of fees were introduced on 1 June 2014 by the Immigration (Fees) (Amendment No. 4) (Jersey) Order 2014.

The United Kingdom increased their level of immigration fees with effect from 6 April 2015.

This paper seeks the permission of the Assistant Minister to continue to align Jersey’s immigration fees with those charged in the United Kingdom, as well as to authorise the Customs and Immigration Service to instruct the Law Draftsman to prepare a draft Order to increase the fees in Jersey. It is proposed that the fee increases be introduced from 1 June 2015.

2) Fee Levels

New immigration fees came into effect in the United Kingdom on 6 April 2015; applications for limited leave to remain as a Tier 2 General Migrant (equivalent to the Jersey work permit category) were increased by 8.3%, other applications for limited leave to remain were increased by 8% and applications for indefinite leave to remain were increased by 37.3%. United Kingdom fees are reviewed on a regular basis and are set at or below the cost of processing the relevant applications. The new fees continue to reflect the policy of ensuring that those who use and benefit from immigration services should contribute to their running costs.

It is proposed that the Island align its fees with those charged in the United Kingdom as was agreed by the former Minister of Home Affairs in September 2011 (MD-HA-2011-0057). The table below shows the current Jersey fee; the new UK fee; the percentage increase proposed; current annual income received and estimated income with the increase.

Application Type

Current Jersey Fee

UK Fee

6 April 2015

% Increase in Fee

Current

Jersey Income pa

Estimated Income pa

Variation of Leave - Work Permit

£601

£651

8.3%

£38,953

£42,186

Variation of Leave – Work Permit Dependant

£601

£651

8.3%

£25,947

£28,100

Variation of Leave – Other

£601

£649

8.0%

£34,260

£37,001

Variation of Leave – Other Dependant

£601

£649

8.0%

£2,766

£2,987

Indefinite Leave to Remain

£1,093

£1,500

37.3%

£54,777

£75,209

Indefinite Leave to Remain – Dependant

£1,093

£1,500

37.3%

£11,769

£16,159

Total

£168,472

£201,642

3) Recommendation

The Assistant Minister is recommended to approve the increase in immigration fees and authorise the Customs and Immigration Service to request the Law Draftsman to prepare the necessary draft Order to align local fees with those of the United Kingdom.