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Jersey Immigration Rules: Amendment: English Language Requirement

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A decision made 21 December 2017:

MINISTERIAL DECISION REFERENCE: MD-HA-2017-0103

Decision Date: 22 December 2017

DECISION SUMMARY TITLE: Amendment to the Jersey Immigration Rules – English Language Requirement

DECISION SUMMARY AUTHOR:

Policy Officer, Community and Constitutional Affairs

IS THE DECISION SUMMARY PUBLIC OR EXEMPT?  (if exempt state the relevant article/paragraph of the Freedom of Information Law/Regulations)

Public

REPORT TITLE: Amendment to the Jersey Immigration Rules – English Language Requirement

REPORT AUTHOR OR NAME OF PERSON GIVING REPORT:  (if different from Decision  Summary Author)

Director of Revenue and 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 Assistant Minister for Home Affairs approved amendments to the Jersey Immigration Rules relating to the English language requirement in the 5 year family route to settlement (spouses, civil partners and unmarried partners).

 

The amended Rules will require non-EEA nationals to pass an approved speaking and listening test at level A2 of the Common European Framework of Reference for Languages in order to qualify, after two-and-a-half years in Jersey, for further leave to remain on the 5-year family route to settlement.

 

The Rules are also amended to clarify that the A1 English Language test, which non-EEA nationals on the settlement route are required to pass before they can come to Jersey, must be specified in Appendix O to the UK Immigration Rules. The A2 test is also specified in Appendix O of the UK Rules.

 

These changes reflect similar amendments made to the UK Immigration Rules and will come into effect, in Jersey and the UK, on 1st January 2018.

 

ACTION REQUIRED:

The Immigration Rules to be amended, in accordance with the attached report, and the Assistant Minister to sign off the updated rules. The updated rules to be made available on gov.je

 

SIGNATURE:

 

 

 

POSITION:

 

Connétable Deidre Mezbourian

Assistant Minister for Home Affairs

DATE SIGNED:

EFFECTIVE DATE OF THE DECISION:

 

 

 

Hide report
Jersey Immigration Rules: Amendment: English Language Requirement

 

APPENDIX FM (J)

 

SPOUSES, CIVIL PARTNERS AND UNMARRIED PARTNERS

 

1. Nothing in these Rules shall be construed as permitting a person to be granted entry clearance, leave to enter, leave to remain or variation of leave as a spouse or civil partner of another if either the applicant or the sponsor will be aged under 18 on the date of arrival in Jersey or (as the case may be) on the date on which the leave to remain or variation of leave would be granted.

 

2. Part 8 applies to all applications made under the Rules in place before 1st August                2014 to which the provisions of Part 8 apply. Appendix FM (J) applies to all applications made on or after                            1st August 2014 to which the provisions of Appendix FM (J) apply.

 

3. Nothing in these Rules shall be construed as allowing a person to be granted entry clearance, leave to enter, leave to remain or variation of leave as the spouse or civil partner of a man or woman (the sponsor) if:

 

(i)                  his or her marriage or civil partnership to the sponsor is polygamous; and

 

(ii)                there is another person living who is the husband or wife of the sponsor and who:

 

(a)          is, or at any time since his or her marriage or civil partnership to the sponsor has been, in Jersey; or

 

(b)          has been granted a certificate of entitlement in respect of the right of abode mentioned in section 2(1)(a) of the Immigration Act 1988 or an entry clearance to enter Jersey as the husband or wife of the sponsor.

 

For the purpose of this paragraph a marriage may be polygamous although at its inception neither party had any other spouse.

 

4. Paragraph 3 does not apply to any person who seeks entry clearance, leave to enter, leave to remain or variation of leave where:

 

(i)                  he or she has been in Jersey before 1st August 1993 having been admitted for the purpose of settlement as the husband or wife of the sponsor; or

 

(ii)                he or she has, since their marriage to the sponsor, been in Jersey at any time when there was no such other spouse living as is mentioned in paragraph 3(ii).

 

But where a person claims that paragraph 3 does not apply to them because they have been in Jersey in circumstances which cause them to fall within sub-paragraphs (i) or (ii) of that paragraph, it shall be for them to prove that fact.

 

5. For the purposes of paragraphs 3 and 4 the presence of any wife or husband in Jersey in any of the following circumstances shall be disregarded:

 

(i)                  as a visitor; or

 

(ii)                as an illegal entrant; or

 

(iii)              in circumstances whereby a person is deemed by virtue of section 11(1) of the Immigration Act 1971 not to have entered Jersey.

 

SPOUSES OR CIVIL PARTNERS OF PERSONS PRESENT AND SETTLED IN JERSEY OR BEING ADMITTED ON THE SAME OCCASION FOR SETTLEMENT

 

Requirements for leave to enter Jersey with a view to settlement as the spouse or civil partner of a person present and settled in Jersey or being admitted on the same occasion for settlement.

 

6. The requirements to be met by a person seeking leave to enter Jersey with a view to settlement as the spouse or civil partner of a person present and settled in Jersey or who is on the same occasion being admitted for settlement are that:

 

(i)                   

(a)          the applicant is married to or the civil partner of a person present and settled in Jersey or who is on the same occasion being admitted for settlement, and meets the requirements of one or more of sub-items b-f below;

(a)(b)the applicant has passed  an  English language test  in speaking and listening at a minimum level of A1 of the Common European Framework of Reference for Languages specified for the time being in Appendix O to the United Kingdom Immigration Rules  unless –

 

(b)          the applicant provides an original English language test certificate in speaking and listening from an English language test provider approved by the Minister for these purposes, which clearly shows the applicant’s name and the qualification obtained (which must meet or exceed level A1 of the Common European Framework of Reference) unless – 

 

(A)         the applicant is aged 65 or over at the time he makes his application; or

 

(B)         the applicant has a physical or mental condition that would prevent him from meeting the requirement; or

 

(C)         there are exceptional compassionate circumstances that would prevent the applicant from meeting the requirement;

 

  or

 

(c)           the applicant is a national of one of the following countries: Antigua and Barbuda; Australia; the Bahamas; Barbados; Belize; Canada; Dominica; Grenada; Guyana; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; United States of America; or

 

(d)          the applicant has obtained an academic qualification (not a professional or vocational qualification), which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, from an educational establishment in one of the following countries: Antigua and Barbuda; Australia; the Bahamas; Barbados; Belize; Dominica; Grenada; Guyana; Ireland; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; the UK; United States of America; and provides the specified documents; or

 

(e)          the applicant has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and –

 

(A)         provides the specified evidence to show he has the qualification; and

 

(B)         UK NARIC has confirmed that the qualification was taught or researched in English; or

 

(f)            has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and provides the specified evidence to show –

 

(A)         he has the qualification; and

 

(B)         that the qualification was taught or researched in English; and

 

(ii)                the parties to the marriage or civil partnership have met; and

 

(iii)              each of the parties intends to live permanently with the other as his or her spouse or civil partner and the marriage or civil partnership is subsisting; and

 

(iv)              there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

 

(v)                the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

 

(vi)              the applicant does not fall for refusal under the general grounds for refusal; and

 

(vii)            the applicant holds a valid entry clearance for entry in this capacity.

 

For the purposes of this paragraph and paragraphs 7–17 a member of HM forces serving overseas, or a permanent member of HM Diplomatic Service or a comparable UK based staff member of the British Council on a tour of duty abroad, or a staff member of the Department for International Development who is a British citizen or is settled in Jersey, is to be regarded as present and settled in Jersey.

 

Leave to enter as the spouse or civil partner of a person present and settled in Jersey or being admitted for settlement on the same occasion

 

7. A person seeking leave to enter Jersey as the spouse or civil partner of a person present and settled in Jersey or who is on the same occasion being admitted for settlement and who satisfies each of the requirements of paragraph 6 may be admitted for an initial period not exceeding 33 months.

 

Refusal of leave to enter as the spouse or civil partner of a person present and settled in Jersey or being admitted on the same occasion for settlement

 

8. Leave to enter Jersey as the spouse or civil partner of a person present and settled in Jersey or who is on the same occasion being admitted for settlement is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 6 is met.

 

Requirements for an extension of stay as the spouse or civil partner of a person present and settled in Jersey

 

9. The requirements for an extension of stay as the spouse or civil partner of a person present and settled in Jersey are that:

 

(i)                  the applicant has limited leave to enter or remain in Jersey which was given in accordance with any of the provisions of these Rules other than where as a result of that leave he would not have been in Jersey beyond 6 months from the date on which he was admitted to Jersey on this occasion in accordance with these Rules unless the leave in question is limited leave as a fiancé(e) or proposed civil partner; and

 

(ii)                is married to or the civil partner a person present and settled in Jersey; and

 

(iii)              the parties to the marriage or civil partnership have met; and

 

(iv)              the applicant has not remained in breach of the immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded; and

 

(v)                the marriage has not taken place after a decision has been made to deport the applicant or he has been recommended for deportation or been given notice under section 6 (2) to the Immigration Act 1971 or been given directions for his removal under section 10 of the Immigration and Asylum Act 1999; and

 

(vi)              each of the parties intends to live permanently with the other as his or her spouse or civil partner and the marriage or civil partnership is subsisting; and

 

(vii)            there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

 

(viii)          the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

 

(ix)  the applicant has passed  an  English language test  in speaking and listening at a minimum level of A1 of the Common European Framework of Reference for Languages specified for the time being in Appendix O to the United Kingdom Immigration Rules unless –

 

 

(ix)              the applicant provides an original English language test certificate in speaking and listening from an English language test provider approved by the Minister for these purposes, which clearly shows the applicant’s name and the qualification obtained (which must meet or exceed level A1 of the Common European Framework of Reference) unless –

 

(a)          the applicant is aged 65 or over at the time he makes his application; or

 

(b)          the applicant has a physical or mental condition that would prevent him from meeting the requirement; or

 

(c)           there are exceptional compassionate circumstances  that would prevent the applicant from meeting the requirement;

Where the applicant in a previous application for entry clearance or leave to remain met the English language requirement on the basis that they had passed an English language test in speaking and listening at level A1 of the Common European Framework of Reference for Languages, and now seeks further leave to remain after 30 months, they must  have passed an English test in speaking and listening at a minimum of level A2 of the Common European Framework of Reference for Languages), specified for the time being in Appendix O to the United Kingdom Immigration Rules unless (a), (b) or (c) above apply;

 

or

 

(x)                the applicant is a national of one of the following countries: Antigua and Barbuda; Australia; the Bahamas; Barbados; Belize; Canada; Dominica; Grenada; Guyana; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; United States of America; or

 

(xi)              the applicant has obtained an academic qualification (not a professional or vocational qualification), which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s degree in the UK, from an educational establishment in one of the following countries: Antigua and Barbuda; Australia; the Bahamas; Barbados; Belize; Dominica; Grenada; Guyana; Ireland; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; the UK; United States of America; and provides the specified documents; or

 

(xii)            the applicant has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s degree in the UK, and

 

(a)          provides the specified evidence to show he has the qualification, and

 

(b)          UK NARIC has confirmed that the qualification was taught or researched in English;

 

 or

 

(xiii)          has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s degree in the UK, and provides the specified evidence to show:

 

(a)          he has the qualification, and

 

(b)          that the qualification was taught or researched in English.

 

Extension of stay as the spouse or civil partner of a person present and settled in Jersey

 

10. An extension of stay as the spouse or civil partner of a person present and settled in Jersey who entered Jersey under paragraph 7 may be granted for a period not exceeding 30 months, provided the Minister is satisfied that the requirements of paragraph 9 (ii)-(xiii) are met.

 

11. An extension of stay as the spouse or civil partner of a person present and settled in Jersey who entered Jersey other than under the provisions of paragraph 7 may be granted for a period not exceeding 30 months in the first instance, provided the Minister is satisfied that each of the requirements of paragraph 9 is met.

 

12. An extension of stay as the spouse or civil partner of a person present and settled in Jersey who has been granted leave to remain under paragraph 11 may be granted for a further period not exceeding 30 months, provided the Minister is satisfied that each of the requirements of paragraph 9 is met.

 

Refusal of extension of stay as the spouse or civil partner of a person present and settled in Jersey

 

13. An extension of stay as the spouse or civil partner of a person present and settled in Jersey, made under the provisions of paragraph 10, is to be refused if the Minister is not satisfied that the requirements of paragraph 9 (ii)-(ix) are met.

 

14. An extension of stay as the spouse or civil partner of a person present and settled in Jersey, made under the provisions of paragraph 11 or paragraph 12, is to be refused if the Minister is not satisfied that each of the requirements of paragraph 9 are met.

 

Requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in Jersey

 

15.  

(a)          The requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in Jersey are that:

 

(i)              

(a)          the applicant was admitted to Jersey or given an extension of stay for a period in accordance with paragraphs 6-14 of these Rules and has completed a period of 60 months as the spouse or civil partner of a person present and settled in Jersey; or

 

(b)          the applicant was admitted to Jersey or given an extension of stay for a period in accordance with paragraphs 29-38 of these Rules and during that 60 month period married the person whom he or she was admitted or granted an extension of stay to join and has completed a period of 60 months as the unmarried partner and then the spouse or civil partner of a person present and settled in Jersey;

 and

 

(ii)           the applicant is still the spouse or civil partner of the person he or she was admitted or granted an extension of stay to join and the marriage or civil partnership is subsisting; and

 

(iii)         each of the parties intends to live permanently with the other as his or her spouse or civil partner; and

 

(iv)         there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

 

(v)           the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

 

(vi)         the applicant has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom and Jersey, in accordance with Appendix KoLL; and

 

(vii)       he does not fall for refusal under the general grounds for refusal.

 

(b)          The requirements for indefinite leave to remain for the bereaved spouse or civil partner of a person who was present and settled in Jersey are that:

 

(i)              

(a)          the applicant was admitted to Jersey or given an extension of stay for a period as the spouse or civil partner of a person present and settled in Jersey in accordance with paragraphs 6-14 of these Rules; or

 

(b)          the applicant was admitted to Jersey or given an extension of stay for a period as the unmarried partner of a person present and settled in Jersey in accordance with paragraphs 29-38 of these Rules and during that 60 month period married the person whom he or she was admitted or granted an extension of stay to join; and

 

(ii)           the person whom the applicant was admitted or granted an extension of stay to join died during that period; and

 

(iii)         the applicant was still the spouse or civil partner of the person he or she was admitted or granted an extension of stay to join at the time of the death; and

 

(iv)         each of the parties intended to live permanently with the other as his or her spouse or civil partner and the marriage or civil partnership was subsisting at the time of death; and

 

(v)           he does not fall for refusal under the general grounds for refusal.

 

Indefinite leave to remain for the spouse or civil partner of a person present and settled in Jersey

 

16. Indefinite leave to remain for the spouse or civil partner of a person present and settled in Jersey may be granted provided the Minister is satisfied that each of the requirements of paragraph 15 is met.

 

Refusal of indefinite leave to remain for the spouse or civil partner of a person present and settled in Jersey

 

17. Indefinite leave to remain for the spouse or civil partner of a person present and settled in Jersey is to be refused if the Minister is not satisfied that each of the requirements of paragraph 15 is met.

 

Requirements for indefinite leave to remain in Jersey as the victim of domestic violence

 

18. The requirements to be met by a person who is the victim of domestic violence and who is seeking indefinite leave to remain in Jersey are that the applicant:

 

(i)                  was admitted to Jersey or given an extension of stay for a period as the spouse or civil partner of a person present and settled here; or

 

(ii)                was admitted to Jersey or given an extension of stay for a period as the unmarried partner of a person present and settled here; and

 

(iii)              the relationship with their spouse or civil partner or unmarried partner, as appropriate, was subsisting at the beginning of the relevant period of leave or extension of stay referred to in (i) or (ii) above; and

 

(iv)              is able to produce such evidence as may be required by the Minister to establish that the relationship was caused to permanently break down before the end of that period as a result of domestic violence; and

 

(v)                does not fall for refusal under the general grounds for refusal.

 

Indefinite leave to remain as the victim of domestic violence

 

19. Indefinite leave to remain as the victim of domestic violence may be granted provided the Minister is satisfied that each of the requirements of paragraph 18 is met.


 

Refusal of indefinite leave to remain as the victim of domestic violence

 

20. Indefinite leave to remain as the victim of domestic violence is to be refused if the Minister is not satisfied that each of the requirements of paragraph 18 is met.

 

21. If the applicant does not meet the requirements for indefinite leave to remain as a victim of domestic violence only because paragraph 322(1C)(iii) or 322(1C)(iv) applies, they may be granted further limited leave to remain for a period not exceeding 30 months and subject to such conditions as the Minister deems appropriate

 

FIANCE(E)S AND PROPOSED CIVIL PARTNERS

 

22. Nothing in these Rules shall be construed as permitting a person to be granted entry clearance, leave to enter or variation of leave as a fiancé(e) or proposed civil partner if either the applicant or the sponsor will be aged under 18 on the date of arrival of the applicant in Jersey or (as the case maybe) on the date on which the leave to enter or variation of leave would be granted.

 

Requirements for leave to enter Jersey as a fiancé(e) or proposed civil partner  (i.e. with a view to marriage or civil partnership and permanent settlement in Jersey)

 

23. The requirements to be met by a person seeking leave to enter Jersey as a fiancé(e) or civil partner are that:

 

(i)                  the applicant is seeking leave to enter Jersey for marriage or civil partnership to a person present and settled in Jersey or who is on the same occasion being admitted for settlement; and

 

(ii)                the parties to the proposed marriage or civil partnership have met; and

 

(iii)              each of the parties intends to live permanently with the other as his or her spouse or civil partner after the marriage; and

 

(iv)              adequate maintenance and accommodation without recourse to public funds will be available for the applicant until the date of the marriage; and

 

(v)                there will, after the marriage or civil partnership, be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

 

(vi)              the parties will be able after the marriage or civil partnership to maintain themselves and any dependants adequately without recourse to public funds; and

 

(vi)(vii) the applicant has passed  an  English language test  in speaking and listening at a minimum level of A1 of the Common European Framework of Reference for Languages specified for the time being in Appendix O to the United Kingdom Immigration Rules unless –

 

(vii)            the applicant provides an original English language test certificate in speaking and listening from an English language test provider approved by the Minister for these purposes, which clearly shows the applicant’s name and the qualification obtained (which must meet or exceed level A1 of the Common European Framework of Reference) unless –

 

(a)          the applicant is aged 65 or over at the time he makes his application; or

 

(b)          the applicant has a physical or mental condition that would prevent him from meeting the requirement; or

 

(c)           there are exceptional compassionate circumstances that would prevent the applicant from meeting the requirement;

 

 or

 

(viii)          the applicant is a national of one of the following countries: Antigua and Barbuda; Australia; the Bahamas; Barbados; Belize; Canada; Dominica; Grenada; Guyana; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; United States of America; or

 

(ix)              the applicant has obtained an academic qualification (not a professional or vocational qualification), which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, from an educational establishment in one of the following countries: Antigua and Barbuda; Australia; the Bahamas; Barbados; Belize; Dominica; Grenada; Guyana; Ireland; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; the UK; United States of America; and provides the specified documents; or

 

(x)                the applicant has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and –

 

(a)          provides the specified evidence to show he has the qualification, and

 

(b)          UK NARIC has confirmed that the qualification was taught or researched in English;

 

 or

 

(xi)              has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and provides the specified evidence to show –

 

(a)          he has the qualification, and

 

(b)          that the qualification was taught or researched in English;

 

 and

 

(xii)            the applicant holds a valid entry clearance for entry in this capacity.

 

Leave to enter as a fiancé(e) or proposed civil partner

 

24. A person seeking leave to enter Jersey as a fiancé(e) or proposed civil partner may be admitted, with a prohibition on employment, for a period not exceeding 6 months to enable the marriage to take place provided a valid entry clearance for entry in this capacity is produced to the Immigration Officer on arrival.

 

Refusal of leave to enter as a fiancé(e) or proposed civil partner

 

25. Leave to enter Jersey as a fiancé(e) or proposed civil partner is to be refused if a valid entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.

 

Requirements for an extension of stay as a fiancé(e) or proposed civil partner

 

26. The requirements for an extension of stay as a fiancé(e) or proposed civil partner are that:

 

(i)                  the applicant was admitted to Jersey with a valid entry clearance as a fiancé(e); and

 

(ii)                good cause is shown why the marriage or civil partnership did not take place within the initial period of leave granted under paragraph 24; and

 

(iii)              there is satisfactory evidence that the marriage or civil partnership will take place at any early date; and

 

(iv)              the requirements of paragraph 23 (ii)‑(xii) are met.

 

Extension of stay as a fiancé(e) or proposed civil partner

 

27. An extension of stay as a fiancé(e) or proposed civil partner may be granted for an appropriate period with a prohibition on employment to enable the marriage to take place provided the Minister is satisfied that each of the requirements of paragraph 26 is met.

 

Refusal of extension of stay as a fiancé(e) or proposed civil partner

 

28. An extension of stay is to be refused if the Minister is not satisfied that each of the requirements of paragraph 26 is met.

 

LEAVE TO ENTER AS THE UNMARRIED PARTNER OF A PERSON PRESENT AND SETTLED IN JERSEY OR BEING ADMITTED ON THE SAME OCCASION FOR SETTLEMENT

 

29. Nothing in these Rules shall be construed as permitting a person to be granted entry clearance, leave to enter or variation of leave as an unmarried partner if either the applicant or the sponsor will be aged under 18 on the date of arrival of the applicant in Jersey or (as the case may be) on the date on which the leave to enter or variation of leave would be granted.

 

Requirements for leave to enter Jersey with a view to settlement as the unmarried partner of a person present and settled in Jersey or being admitted on the same occasion for settlement

 

30. The requirements to be met by a person seeking leave to enter Jersey with a view to settlement as the unmarried partner of a person present and settled in Jersey or being admitted on the same occasion for settlement, are that:

 

(i)                   

(a)          the applicant is the unmarried partner of a person present and settled in Jersey or who is on the same occasion being admitted for settlement and the parties have been living together in a relationship akin to marriage which has subsisted for two years and meets the requirements of one or more of sub-items b-f below; and

(a)(b) the applicant has passed  an  English language test  in speaking and listening at a minimum level of A1  of the Common European Framework of Reference for Languages as specified for the time being in Appendix O to the United Kingdom Immigration Rules unless –

 

(b)          the applicant provides an original English language test certificate in speaking and listening from an English language test provider approved by the Minister for these purposes, which clearly shows the applicant’s name and the qualification obtained (which must meet or exceed level A1 of the Common European Framework of Reference) unless –

 

(A)         the applicant is aged 65 or over at the time he makes his application; or

 

(B)         the applicant has a physical or mental condition that would prevent him from meeting the requirement; or

 

(C)         there are exceptional compassionate circumstances that would prevent the applicant from meeting the requirement;

 

 or

 

(c)           the applicant is a national of one of the following countries: Antigua and Barbuda; Australia; the Bahamas; Barbados; Belize; Canada; Dominica; Grenada; Guyana; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; United States of America; or

 

(d)          the applicant has obtained an academic qualification (not a professional or vocational qualification), which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, from an educational establishment in one of the following countries: Antigua and Barbuda; Australia; the Bahamas; Barbados; Belize; Dominica; Grenada; Guyana; Ireland; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; the UK; United States of America; and provides the specified documents; or

 

(e)          the applicant has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and –

 

(A)         provides the specified evidence to show he has the qualification; and

 

(B)         UK NARIC has confirmed that the qualification was taught or researched in English;

 

 or

 

(f)            has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and provides the specified evidence to show-

 

(A)         he has the qualification; and

 

(B)         that the qualification was taught or researched in English;

 

 and

 

(ii)                any previous marriage (or similar relationship) by either partner has permanently broken down; and

 

(iii)              the parties are not involved in a consanguineous relationship with one another; and

 

(iv)              there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

 

(v)                the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

 

(vi)              the parties intend to live together permanently; and

 

(vii)            the applicant does not fall for refusal under the general grounds for refusal; and

 

(viii)          the applicant holds a valid entry clearance for entry in this capacity.

 

For the purposes of this paragraph and paragraphs 31-41 a member of HM forces serving overseas, or a permanent member of HM Diplomatic Service or a comparable UK based staff member of the British Council on a tour of duty abroad, or a staff member of the Department for International Development who is a British citizen or is settled in Jersey, is to be regarded as present and settled in Jersey.

 

Leave to enter Jersey with a view to settlement as the unmarried partner of a person present and settled in Jersey or being admitted on the same occasion for settlement

 

31. A person seeking leave to enter Jersey as the unmarried partner of a person present and settled in Jersey or who is on the same occasion being admitted for settlement and who satisfies each of the requirements of paragraph 30 may be admitted for an initial period not exceeding 33 months.

 

Refusal of leave to enter Jersey with a view to settlement as the unmarried partner of a person and settled in Jersey or being admitted on the same occasion for settlement

 

32. Leave to enter Jersey with a view to settlement as the unmarried partner of a person present and settled in Jersey or being admitted on the same occasion for settlement, is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 30 is met.

 

 

LEAVE TO REMAIN AS THE UNMARRIED PARTNER OF A PERSON PRESENT AND SETTLED IN JERSEY

 

Requirements for leave to remain as the unmarried partner of a person present and settled in Jersey

 

33. The requirements to be met by a person seeking leave to remain as the unmarried partner of a person present and settled in Jersey are that:

 

(i)                  the applicant has limited leave to enter or remain in Jersey which was given in accordance with any of the provisions of these Rules, other than where as a result of that leave he would not have been in Jersey beyond 6 months from the date on which he was admitted to Jersey on this occasion in accordance with these Rules; and

 

(ii)                any previous marriage (or similar relationship) by either partner has permanently broken down; and

 

(iii)              the applicant is the unmarried partner of a person who is present and settled in Jersey; and

 

(iv)              the applicant has not remained in breach of the immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded; and

 

(v)                the parties are not involved in a consanguineous relationship with one another; and

 

(vi)              the parties have been living together in a relationship akin to marriage which has subsisted for two years or more; and

 

(vii)            the parties’ relationship pre-dates any decision to deport the applicant, recommended him for deportation, give him notice under section 6(2) of the Immigration Act 1971 or give directions for his removal under section 10 of the Immigration and Asylum Act 1999; and

 

(viii)          there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

 

(ix)              the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

 

(x)                the parties intend to live together permanently; and

 

(x)(xi)       the applicant has passed  an  English language test  in speaking and listening at a minimum level of A1  of the Common European Framework of Reference for Languages specified for the time being in Appendix O to the United Kingdom Immigration Rules unless –

 

(xi)              the applicant provides an original English language test certificate in speaking and listening from an English language test provider approved by the Minister for these purposes, which clearly shows the applicant’s name and the qualification obtained (which must meet or exceed level A1 of the Common European Framework of Reference) unless –

 

(a)          the applicant is aged 65 or over at the time he makes his application; or

 

(b)          the applicant has a physical or mental condition that would prevent him from meeting the requirement; or

 

(c)           there are exceptional compassionate circumstances that would prevent the applicant from meeting the requirement;

Where the applicant in a previous application for entry clearance or leave to remain met the English language requirement on the basis that they had passed an English language test in speaking and listening at level A1 of the Common European Framework of Reference for Languages and now seeks further leave to remain after 30 months, they must  have passed an English test in speaking and listening at a minimum of level A2 of the Common European Framework of Reference for Languages) specified for the time being in Appendix O to the United Kingdom Immigration Rules unless (a), (b) or (c) above apply;             

 

or

 

(xii)            the applicant is a national of one of the following countries: Antigua and Barbuda; Australia; the Bahamas; Barbados; Belize; Canada; Dominica; Grenada; Guyana; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; United States of America; or

 

(xiii)          the applicant has obtained an academic qualification (not a professional or vocational qualification), which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, from an educational establishment in one of the following countries: Antigua and Barbuda; Australia; the Bahamas; Barbados; Belize; Dominica; Grenada; Guyana; Ireland; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; the UK; United States of America; and provides the specified documents; or

 

(xiv)          the applicant has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and

 

(a)          provides the specified evidence to show he has the qualification, and

 

(b)          UK NARIC has confirmed that the qualification was taught or researched in English;

 

 or

 

(xv)            has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and provides the specified evidence to show:

 

(a)          he has the qualification, and

 

(b)          that the qualification was taught or researched in English.

 

Leave to remain as the unmarried partner of a person present and settled in Jersey

 

34. Leave to remain as the unmarried partner of a person present and settled in Jersey who entered Jersey under paragraph 30 may be granted for a period not exceeding 30 months, provided the Minister is satisfied that the requirements of paragraph 33 (ii)-(xv) are met.

 

35. Leave to remain as the unmarried partner of a person present and settled in Jersey who entered Jersey other than under the provisions of paragraph 30 may be granted for a period not exceeding 30 months in the first instance, provided the Minister is satisfied that each of the requirements of paragraph 33 is met.

 

36. Leave to remain as the unmarried partner of a person present and settled in Jersey who has been granted leave to remain under paragraph 35 may be granted for a further period not exceeding 30 months, provided the Minister is satisfied that each of the requirements of paragraph 33 is met.

 

Refusal of leave to remain as the unmarried partner of a person present and settled in Jersey

 

37. Leave to remain as the unmarried partner of a person present and settled in Jersey, made under the provisions of paragraph 34, is to be refused if the Minister is not satisfied that the requirements of paragraph 33 (ii)-(xv) are met.

 

38. An extension of stay as the unmarried partner of a person present and settled in Jersey, made under the provisions of paragraph 35 or paragraph 36, is to be refused if the Minister is not satisfied that each of the requirements of paragraph 33 are met.

 

 

INDEFINITE LEAVE TO REMAIN AS THE UNMARRIED PARTNER OF A PERSON PRESENT AND SETTLED IN JERSEY

 

Requirements for indefinite leave to remain as the unmarried partner of a person present and settled in Jersey

 

39. The requirements to be met by a person seeking indefinite leave to remain as the               unmarried partner of a person present and settled in Jersey are that:

 

(i)                  the applicant was admitted to Jersey or given an extension of stay for a period in accordance with paragraphs 29-38 and has completed a period of 60 months as the unmarried partner of a person present and settled here; and

 

(ii)                the applicant is still the unmarried partner of the person he was admitted or granted an extension of stay to join and the relationship is still subsisting; and

 

(iii)              each of the parties intends to live permanently with the other as his partner; and

 

(iv)              there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

 

(v)                the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

 

(vi)              the applicant has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom and Jersey, in accordance with Appendix KoLL; and

 

(vii)            the applicant does not fall for refusal under the general grounds for refusal.

 

 

Indefinite leave to remain as the unmarried partner of a person present and settled in Jersey

 

40. Indefinite leave to remain as the unmarried partner of a person present and settled in Jersey may be granted provided that the Minister is satisfied that each of the requirements of paragraph 39 is met.

 

Refusal of indefinite leave to remain as the unmarried partner of a person present and settled in Jersey

 

41. Indefinite leave to remain as the unmarried partner of a person present and settled in Jersey is to be refused if the Minister is not satisfied that each of the requirements of paragraph 39 is met.

 

 

INDEFINITE LEAVE TO REMAIN FOR THE BEREAVED UNMARRIED PARTNER OF A PERSON PRESENT AND SETTLED IN JERSEY

 

Requirements for indefinite leave to remain for the bereaved unmarried partner of a person present and settled in Jersey

 

42. The requirements to be met by a person seeking indefinite leave to remain as the bereaved unmarried partner of a person present and settled in Jersey , are that:

 

(i)                  the applicant was admitted to Jersey or given an extension of stay for a period as the unmarried partner of a person present and settled in Jersey in accordance with paragraphs 29-38 of these Rules; and

 

(ii)                the person whom the applicant was admitted or granted an extension of stay to join died during that period; and

 

(iii)              the applicant was still the unmarried partner of the person he was admitted or granted and extension of stay to join at the time of death; and

 

(iv)              each of the parties intended to live permanently with the other as his partner and the relationship was subsisting at the time of the death; and

 

(v)                the applicant does not fall for refusal under the general grounds for refusal.

 

Indefinite leave to remain for the bereaved unmarried partner of a person present and settled in Jersey

 

43. Indefinite leave to remain for the bereaved unmarried partner of a person present and settled in Jersey, may be granted provided that the Minister is satisfied that each of the requirements of paragraph 42 is met.

 

Refusal of indefinite leave to remain for the bereaved unmarried partner of a person present and settled in Jersey

 

44. Indefinite leave to remain for the bereaved unmarried partner of a person present and settled in Jersey, is to be refused if the Minister is not satisfied that each of the requirements of paragraph 42 is met.

 

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