Justice and
Home Affairs
Customs and Immigration Service
Report
To: Minister for Home Affairs
Submitted By: Head of Service
Customs & Immigration
Date: 24 March 2020
Subject: Notice of Changes to the Jersey Immigration Rules:
(i) paragraph 6: Interpretation
(ii) Part 11: Asylum
(iii) Part 2: Persons seeking to enter or remain for visits (replacement with Appendix V: Immigration rules for visitors).
There is a need to make amendments to the Jersey Immigration Rules (“the Rules”).
Introduction
a. Drafting improvements
The amendments in (i) and (ii) above are drafting improvements to clarify certain provisions of the Rules. They do not bring about any change in immigration procedures or in rights under the Rules.
b. Categorisation of visitors
The amendment in (iii) above reflects equivalent provisions in the UK Immigration Rules, in which the definitions of the various categories of visitor were scrapped in favour of 4 categories, namely:
- visit (standard);
- marriage / civil partnership visit;
- Permitted Paid Engagements (PPE) visit; and
- Transit visit.
None of the amendments in the UK, in the revamped visitor rules, was designed to restrict genuine visitors from coming to the UK. The intention is the same in relation to genuine visitors seeking to come to Jersey.
Content of the amendments
a. Drafting improvements
- Paragraph 6 of the Rules (concerning interpretation) to be amended by inserting or revising definitions of:
(a) “application for asylum” (to make clear that the meaning of this term is to be found in paragraph 327 of the Rules);
(b) “Refugee Convention” (see 2. below);
(c) “refugee status” (to make clear that this refers to the recognition by Jersey that an asylum applicant meets the criteria in paragraph 334 of the Rules);
(d) “refugee leave” (to make clear that this refers to limited leave under paragraph 334 or 335 of the Rules);
(e) “humanitarian protection” (to make clear that this refers to limited leave under paragraph 339C of the Rules);
(f) “family member” in relation to an EEA national (to make clear the meaning of this term in the context of issuing residence cards and EEA family permits under paragraphs 255 to 259 of the Rules);
(g) “the Immigration Acts” (this definition is revised to incorporate reference to the Nationality, Immigration and Asylum Act 2002 and the UK Borders Act 2007, certain provisions of which have recently been extended to Jersey by Order in Council);
(h) “a short-term student” (this refers to persons who wish to study for 6 months or less or for persons aged 16 and over, for up to and including 11 months for English study only); and
(i) “a parent of a child at school” (this refers to persons who meet the requirements for leave to enter or remain as the parent of a child at school).
- Part 11 of the Rules (concerning asylum) to be amended so that the 1951 United Nations Convention and its 1967 Protocol relating to the Status of Refugees is referred to as “the Refugee Convention” instead
of “the Geneva Convention”. The current definition of the Geneva Convention in paragraph 352G (a) of the Rules is to be deleted (with the new definition of the Refugee Convention in paragraph 6 of the Rules taking its place).
b. Categorisation of visitors
Replace Part 2 of the Rules (Persons seeking to enter or remain in Jersey for visits) with Appendix V (Immigration rules for visitors), in order to:
(a) reduce the existing 15 categories of visitor to 4, namely:
- visitor (standard);
- visitor for marriage or civil partnership;
- visitor for permitted paid engagements;
- transit visitor; and
(b) set out rules covering:
- requirements for entry and stay in Jersey;
- how to make an application as a visitor;
- suitability grounds for refusal and cancellation of visas or leave;
- eligibility requirements for each of the new visitor types;
- curtailment;
- the list of nationalities which require a visa in advance of travel;
- permitted activities for visitors which have been expanded to address gaps in the system.
The student visitor category, previously in Part 2, is being re-categorised as a short-term study category and will now be contained in Part 3 of the Rules (persons seeking to enter or remain for studies).
The parent of a child at school category, previously in Part 2, is being amended to clarify the purpose of the route and will now be contained in Part 7 of the Rules (concerning other categories) which is more appropriate as these individuals are not visitors, as such.
Several definitions in paragraph 6 (interpretation) of the Rules fall away with the replacement of Part 2 of the Rules (Persons seeking to enter or remain in Jersey for visits) by Appendix V (Immigration rules for visitors).
Recommendation
It is recommended that the Minister for Home Affairs issue directions, in pursuance of section 1(4A) of the Immigration Act 1971, as extended to Jersey, that the Jersey Immigration Rules are amended accordingly.
Head of Service
Customs & Immigration