Jersey Immigration Rules: Addition of Appendix HK(J) British National (Overseas): Notice of changes

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A decision made on 20 October 2020

Decision Reference: MD-HA-2020-0066

Decision Summary Title :

Notice of changes to the Jersey Immigration Rules - Addition of Appendix HK(J) British National (Overseas)

Date of Decision Summary:

15th October 2020

Decision Summary Author:

Senior Manager Immigration & Nationality

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 :

Notice of changes to the Jersey Immigration Rules - Addition of Appendix HK(J) British National (Overseas)

Date of Written Report:

15th October 2020

Written Report Author:

Senior Manager Immigration & Nationality

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Notice of changes to the Jersey Immigration Rules (“the Rules”) - Addition of Appendix HK(J) Hong Kong British National (Overseas)

Decision(s): The Minister for Home Affairs has approved the addition to the Rules in accordance with section 1(4A) of the Immigration Act 1971, as extended to Jersey [1] to allow for applications from Hong Kong British Nationals (Overseas) and family members for entry clearance to Jersey in line with the UK. The addition of Appendix HK(J) to the Rules will come into force on 31st January 2021.

Reason(s) for Decision: The UK Government announced the introduction of a new immigration route for Hong Kong British Nationals (Overseas) and household members in response to the introduction of national security legislation in Hong Kong by the Chinese Government and to reflect its commitment to British National (Overseas) citizens. It is appropriate that the Jersey Immigration Rules reflect an equivalent immigration route in line with the UK. The route will lead to settlement and there will be no immigration restrictions upon work and study.

Resource Implications: None

Action required:

To make the appropriate amendments to the Rules referred to in the attached report which will come into effect on 31st January 2021.

The updated Rules will be made available on gov.je.

Signature:

Position:

Connétable Len Norman

Minister for Home Affairs

Date Signed:

Date of Decision (If different from Date Signed):

Jersey Immigration Rules: Addition of Appendix HK(J) British National (Overseas): Notice of changes

Justice and

Home Affairs

Customs and Immigration Service

Report

To: Minister for Home Affairs

Submitted By: Senior Manager, Immigration and Nationality

Date: 15th October 2020

Subject: Notice of Changes to the Immigration Rules: Addition of Appendix HK(J) Hong Kong British National (Overseas)

Introduction

British National (Overseas) (BN(O)) was created for people from Hong Kong so they could retain a form of British nationality and connection to the UK after the handover to China in 1997 in line with the 1984 Sino-British Joint Declaration. Anyone who was a British Dependent Territories citizen through a connection with Hong Kong was able to apply to register as a BN(O) and apply for a BN(O) passport. People could apply for BN(O) status for a period of ten years prior to the handover to China on 1st July 1997. It is not possible to apply for BN(O) status now.

BN(O) citizens can hold a British passport and obtain consular assistance and protection from UK diplomatic posts. Currently they are entitled to visit UK/Jersey for up to 6 months at a time, without a visa. They are subject to immigration controls and do not have a right of abode in UK/Jersey.

In June 2020, the Chinese Government imposed national security legislation that restricted the rights and freedoms of the people of Hong Kong in breach of the 1984 Sino-British Joint Declaration. As a result of this the British Government announced, that it would create a new bespoke immigration route for BN(O) citizens from Hong Kong to reflect the unique and unprecedented circumstances in Honk Kong and the UK’s historical and moral commitments to BN(O) citizens. It is intended that the UK Government will lay the immigration rule change on 22nd October 2020 with the intention of opening the new route in early 2021.

Jersey Immigration Rule Amendment

It is appropriate that the Jersey Immigration Rules are amended in line with the UK to allow Hong Kong BN (O) citizens to apply for an equivalent immigration route to Jersey.

The Hong Kong BN(O) route has two routes – the BN(O) Status Holder route and the BN(O) Household Member route.

The BN(O) Status Holder route is for a BN(O) citizen who is ordinarily resident in Hong Kong and wants to live and work in Jersey.

A dependent partner and a dependent child of a BN(O) citizen can, if they are ordinarily resident in Hong Kong, apply under this route. In exceptional circumstances, other family members with a high degree of dependency may also apply.

The BN(O) Household Member route is for the adult child, born on or after 1 July 1997, of a BN(O) citizen. The BN(O) Household Member, and any dependent partner or child applying under this route must be ordinarily resident in Hong Kong and form part of the same household as the British National (Overseas) citizen.

Applicants will not be required to meet an English language skills test or have a job offer prior to arrival. They will, however, be required to meet the strict criminality tests and able to demonstrate they are able to maintain and accommodate themselves independently without recourse to public funds. They will be able to reside, work and study in Jersey without further immigration permissions.

The routes will lead to settlement at the end of a 5 year period when the applicant will be expected to meet the Knowledge of Language and Life requirements and have stayed free from criminality.

It is recommended that the Minister for Home Affairs issues directions, in pursuance of section 1(4A) of the Immigration Act 1971, as extended to Jersey, and that the Jersey Immigration Rules are amended accordingly.

Senior Manager Immigration and Nationality

Official