Immigration Fees: Increases from 1 June 2012

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A decision made 14 May 2012:

Decision Reference: MD-HA-2012-0042

Decision Summary Title :

Immigration Fee increases

Date of Decision Summary:

30 April 2012

Decision Summary Author:

Director Legal Status & Revenue

JCIS

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:

30 April 2012

Written Report Author:

Director Legal Status & Revenue

JCIS

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 equivalent UK levels with effect from 1 June 2012.

Decision(s): The Minister agreed to increase the immigration fees charged in Jersey from 1 June 2012 to align them with the UK, except that the Minister agreed not to impose a fee for applicants applying for a ‘No Time Limit Stamp’.

Reason(s) for Decision: The Minister has previously obtained the approval of the Minister for Treasury & Resources to align immigration fees in Jersey with those in the UK. The UK increased its fees from 6 April 2012 and in order to align the Island’s fees with the UK, it is proposed to increase the fees from 1 June 2012.

Resource Implications: It is anticipated that the fee increases will generate additional income to contribute towards the costs of providing the service.

Action required: The Director, Legal Status & Revenue to request the Law Draftsman to prepare the necessary draft Order to increase immigration fees from 1 June 2012.

Signature:

Position:

Minister for Home Affairs

Date Signed:

Date of Decision (If different from Date Signed):

Immigration Fees: Increases from 1 June 2012

Home Affairs Department

Customs and Immigration Service

To: Minister for Home Affairs

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

Date: 30 April 2012

Subject: Immigration Fee Increases

Introduction

In 2011 the Home Affairs Minister obtained the agreement of the Minister for Treasury & Resources to adopt a formula allowing immigration fees in Jersey to be aligned to those set in the UK from 1 January 2012. The UK increased their level of immigration fees from 1 April 2012. This paper seeks the permission of the Minister to align Jersey’s fees accordingly as well as authorise the Director, Legal Status & Revenue, to request the Law Draftsman to prepare a draft Order to increase the fees from that date. It is proposed that the fee increases be introduced from 1 June 2012.

Fee Levels

On 1 April 2012 the UK agreed to increase the level of their immigration fees. It is proposed that the Island align its fees with those in the UK as was agreed by the Minister in September 2011 (Ministerial Decision Reference: MD-HA-2011-0057 refers). The table below shows the new UK fee, the current Jersey fee, the percentage increase proposed, the income achieved at present as well as the estimated income with the increase.

Application Type

UK Fee

1 April 2012

Current Jersey Fee

% Increase in Fee

Current

Jersey Income pa

Estimated Income pa

Variation of Leave - Work Permit

£561

£550

£75,350

£76,857

Variation of Leave – Work Permit Dependant

£281

£275

£26,125

£26,695

Variation of Leave – Other

£561

£550

£29,700

£30,294

Variation of Leave – Other Dependant

£281

£275

£2,200

£2,248

No Time Limit Stamp

£220

£216

1.8%

£6,048

£6,160

No Time Limit Stamp – Dependant

£110

£108

1.8%

Nil

Indefinite Leave to Remain

£991

£972

1.9%

£83,592

£85,226

Indefinite Leave to Remain – Dependant

£496

£486

£30,618

£31,248

When the fees were increased in January 2012 the Finance Director agreed that the additional income achieved in 2012 would be used to contribute to the additional costs of procuring sufficient passports under the existing system to last until the end of 2013.

In addition from 2013 the additional income would contribute to the cost recovery initiatives identified in the Law Enforcement Review.

Any additional income achieved as a result of these latest increases would contribute further to these areas.

Recommendation

The Minister is recommended to approve the increase in immigration fees and authorise the Director, Legal Status & Revenue, to request the Law Draftsman to prepare the necessary draft Order to align the local fees with those of the UK.

Fees for No Time Limit Stamps

If a person has been granted settlement in the UK and Islands (known as ‘indefinite leave to remain’), and wants confirmation of this status in a new passport, they must currently apply and pay a fee of £216.

A person is not required to transfer this stamp to their new passport but can instead travel with both old and new passports to show that they can be treated as returning residents to the UK and Islands.

The Minister has asked for advice on the appropriateness and necessity of introducing a reduced fee of £50 for persons, who apply on more than one occasion, for a ‘No Time Limit Stamp’ to be fixed in their new passport or travel document.

A reduced fee level of this kind does not exist in either the UK, Guernsey or the Isle of Man and should the Minister look to introduce such a fee it is possible that a similar argument could be made from other individuals regarding the level of fees in the other fee categories. As a consequence this could lead to the Island having a different fee structure to that in the UK/Guernsey/Isle of Man.

It is worth noting that since the ‘No Time Limit’ fee was introduced in May 2010, no complaints have been received by the Customs & Immigration Service regarding the charge. (In 2011, 28 such applications were processed).

If the Minister is uncomfortable with this fee, however he could consider removing the fee for the ‘No Time Limit Stamp’ completely. This would reduce the level of income received for immigration fees by approximately £6,000. From a Service perspective, however, it is considered that this would be a better option than creating the precedent of having fees at a reduced level to those in the UK.

Recommendation

It is recommended, therefore, that the Minister either removes the fee for the ‘No Time Limit Stamp’ or continues to keep the fee aligned to that of the other jurisdictions.