Jersey Immigration Rules: Appendix EU(J) and Appendix EU(J) (Family Permit): Notice of changes

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A decision made on 10 January 2020

MINISTERIAL DECISION REFERENCE: MD-HA-2020-0003
Decision Date: 6th January 2020
DECISION SUMMARY TITLE: Notice of changes to the Jersey Immigration Rules: Appendix EU(J) and Appendix EU(J) (Family Permit)
DECISION SUMMARY AUTHOR:	Head of Service Customs & Immigration	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: Appendix EU(J) and Appendix EU(J) (Family Permit)
REPORT AUTHOR OR NAME OF PERSON GIVING REPORT: (if different from Decision Summary Author)	Head of Service Customs & 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: Jersey’s EU Settlement Scheme (“the Scheme”) is contained in Appendix EU(J) to the Jersey Immigration Rules, together with Appendix EU(J)(Family Permit). The Scheme provides the basis for resident EEA and Swiss citizens and their family members, and the family members of certain UK nationals, to apply for an immigration status in Jersey which they will require in order to remain in the Island permanently after the UK’s withdrawal from the European Union. The Minister approved amendments to Appendix EU(J) and EU(J)(Family Permit). The purpose of the changes is to reflect amendments made to equivalent provisions in the UK Immigration Rules. The changes fall under the following headings: Dual nationals To clarify that the family members of an EEA citizen who has become naturalised as a British citizen can apply under the Scheme. Family members of an EEA citizen who has ceased activity To clarify that an applicant under the Scheme who is a family member on an EEA citizen who has ‘ceased activity’ (e.g. retired) must have been resident in Jersey when the EEA citizen did so. Evidence in support of certain applications To clarify the requirements for evidence of family relationship and/or of dependency in certain cases. Travel permit for family members To enable family members granted settled status, whose documentation is lost or stolen, to apply for a special travel permit to enable them to travel back and apply for replacement documentation. Refusal in cases of previous cancellation of leave To enable applications under the Scheme to be refused where there has been a previous cancellation of leave. Miscellaneous The amendments also include textual adjustments consistent with the amendments made to the UK Immigration Rules and minor corrections, none of which affects the substance of the Scheme.
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: Connétable Len Norman Minister for Home Affairs
DATE SIGNED:			EFFECTIVE DATE OF THE DECISION:

Jersey Immigration Rules: Appendix EU(J) and Appendix EU(J) (Family Permit): Notice of changes

Justice and

Home Affairs

Customs and Immigration Service

Report

To: Minister for Home Affairs

Submitted By: Mark Cockerham

Head of Service

Customs & Immigration

Date: 6 January 2020

Subject: Notice of Changes to the Immigration Rules: Appendix EU(J) and Appendix EU(J) (Family Permit)

With the impending withdrawal of the United Kingdom from the EU and the ending of free movement, EEA and Swiss nationals living in Jersey need to apply under Jersey’s EU Settlement Scheme (“the Scheme”) if they wish to remain in Jersey.

The Scheme is contained in Appendix EU(J) to the Jersey Immigration Rules, and Appendix EU(J)(Family Permit), which together provide the basis to apply for the necessary Jersey immigration status. The eligibility criteria for applicants under the Scheme generally mirror the criteria under the Settlement Scheme in the UK Immigration Rules.

There is a need for adjustments to Appendix EU(J) and Appendix EU(J)(Family Permit) to reflect changes made to equivalent provisions in the UK Immigration Rules. It is therefore recommended that the Minister for Home Affairs approves the amendments which may be summarised as follows –

Dual nationals

In the provisions relating to “relevant naturalised British citizen” in Rule EU(J)11 and in Annex 1 to make clear that the family members of an EEA citizen who has naturalised as a British citizen can apply under the Scheme even though the relevant dual national, as a British citizen, cannot do so.

Family members of an EEA citizen who has ceased activity

In Rule EU(J)11 to make clear that a family member relying for their status on an EEA citizen who has ‘ceased activity’ e.g. retired early from employment in Jersey, must have been resident in Jersey as their family member at that point.

Evidence in support of certain applications

In the definition of “required evidence of family relationship” in Annex 1 to make clear the requirement for an applicant to provide evidence of family relationship (e.g. a non-EEA citizen applicant without documented permanent residence having to provide relevant evidence about their EEA citizen family member, where they are relying on their relationship to that person).

In the definition of “dependent parent” in Annex 1 to make it a requirement for an applicant to provide evidence of being the dependent parent of an EEA citizen in cases where their child is under the age of 18.

Travel permit for family members

In Rule FP(J)6 to provide for a non-EEA citizen family member granted settled status, whose documentation is then lost or stolen overseas, to apply free of charge for an EU Settlement Scheme travel permit to enable the family member to travel to Jersey, where he or she can apply for replacement documentation.

Refusal in cases of previous cancellation of leave

In Rules EU(J)16 and FP(J)7 to add discretionary grounds on which applications under the Scheme may be refused in cases where there has been a previous cancellation of leave, or a previous refusal of admission, and refusing the application is justified on grounds of public policy, public security or public health or on the ground that the decision would be conducive to the public good.

“The specified date”

Adjustments are needed to this definition in Annex 1 to take account of the changes in the projected date on which the United Kingdom withdraws from the European Union.

Miscellaneous

The amendments also include a number of textual adjustments and minor corrections which do not affect the substance of the Scheme.

Mark Cockerham

Head of Service

Customs & Immigration

Official