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Jersey Immigration Rules: Jersey EU Settlement: Notice of changes

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

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A decision made on 14 June 2021

MINISTERIAL DECISION REFERENCE: MD-HA-2021-47

Decision Date:  24 May 2021

DECISION SUMMARY TITLE: Notice of changes to the Jersey Immigration Rules: Jersey EU Settlement

Scheme

DECISION SUMMARY AUTHOR:

Senior Manager Immigration and Nationality

 

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

Public

REPORT TITLE: Notice of changes to the Jersey Immigration Rules: Jersey EU Settlement Scheme

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

Senior Manager Immigration and Nationality

 

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

Public

DECISION AND REASON FOR THE DECISION:

The Assistant Minister for Home Affairs has approved amendments to the Jersey Immigration Rules (“the Rules”) in accordance with section 1(4A) of the UK Immigration Act 1971, as extended to Jersey[1].

 

The amendments concern the Jersey EU Settlement Scheme (“the Scheme”) contained in Appendix EU(J) and EU(J)(Family Permit) and reflect changes to the UK Settlement Scheme[2]. The changes are intended to keep the criteria for settled status under the Scheme consistent with the criteria for settled status in the rest of the Common Travel Area, and are as follows –

 

  • to enable a family member applying to the Scheme to rely on a family permit, issued under the relevant UK Regulations, as a relevant document evidencing the relevant family relationship

 

  • to enable an applicant, who is the family member of an EEA citizen, where both were continuously resident in Jersey before the end of the Transition Period, to apply on or after 1 July 2021

 

  • to enable a person to apply to the Scheme on or after 1 July 2021 as the joining family member of an EEA citizen, where the person was continuously resident in Jersey before the end of the Transition Period

 

  • to enable a person who relies on having reasonable grounds for missing the deadline applicable to them to apply directly to the Scheme

 

  • to allow an applicant for a family permit to rely on alternative evidence of identity and nationality

RESOURCE IMPLICATIONS: None as a consequence of this decision.

 

ACTION REQUIRED: To make the appropriate amendments to the provisions of the Jersey Immigration Rules referred to in the attached report which will come into effect on the day the Ministerial Decision is signed. The updated Rules will then be made available on gov.je.

 

SIGNATURE:

 

 

 

POSITION:

 

Deputy Gregory Guida

Assistant Minister for Home Affairs

DATE SIGNED:

EFFECTIVE DATE OF THE DECISION:

 

 

 

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