Immigration Fees: Increase: Law drafting instructions

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A decision made 16 April 2014:

Decision Reference: MD-HA-2014-0027

Decision Summary Title :

Immigration fee increases

Date of Decision Summary:

8 April 2014

Decision Summary Author:

Director – Legal Status and Revenue

Jersey Customs and Immigration Service

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:

8 April 2014

Written Report Author:

Director – Legal Status and Revenue

Jersey Customs and Immigration Service

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Proposal to increase the level of immigration fees charged in Jersey to current equivalent UK levels, with effect from 1 June 2014.

Decision(s): The Minister decided to increase the Island’s immigration fees with effect from 1 June 2014 to align them with the fees in the UK.

Reason(s) for Decision: The Minister has previously obtained the approval of the Minister for Treasury and Resources (Ref: TR-2011-DD92) to adopt a formula allowing immigration fees in Jersey to be aligned with those in the UK. The UK increased its fees from 6 April 2014. It is proposed to increase the Island’s fees from 1 June 2014 so as to align them with the UK.

Resource Implications: It is anticipated that the fee increases will generate additional income to be used to offset the costs of the Jersey Customs and Immigration Service.

Action required: The Director, Legal Status and Revenue to request the Law Draftsman to prepare the necessary draft Order to increase immigration fees from 1 June 2014.

Signature:

Position:

Minister for Home Affairs

Date Signed:

Date of Decision (If different from Date Signed):

Immigration Fees: Increase: Law drafting instructions

Home Affairs Department

Customs and Immigration Service

To: Minister for Home Affairs

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

Date: 8 April 2014

Subject: Immigration Fee Increases

1) Introduction

In 2010 the States of Jersey agreed the introduction of a “user pays” charge for providing certain services to persons subject to immigration control.

The Immigration (Fees) (Jersey) Order 2010 was introduced on 1 May 2010 in accordance with sections 5 and 166(3) of the Immigration and Asylum Act 1999, as extended to Jersey by the Immigration and Asylum 1999 (Jersey) Order 2003. The Order, made by the Minister for Home Affairs, prescribed fees to be paid in connection with applications for –

Leave to remain in the Bailiwick of Jersey;
Variation of leave to enter, or remain in, the Bailiwick of Jersey;
‘No Time Limit Stamp’ to be fixed on the applicant’s passport (or travel document) as the result of the renewal or replacement of his previous passport (or travel document).

In 2011 the Home Affairs Minister obtained the agreement of the Minister for Treasury & Resources (MD-TR-2011-DD92) to adopt a formula allowing immigration fees in Jersey to be aligned to those set in the United Kingdom from 1 January 2012.

Immigration fees have been amended yearly since their introduction in order to maintain alignment with United Kingdom immigration fees, save that in 2012 it was decided not to impose a fee for applicants applying for a ‘No Time Limit Stamp’ (MD-HA-2012-0042).

The current scale of fees were introduced on 1 July 2013 by the Immigration (Fees) (Amendment No. 3) (Jersey) Order 2013.

The United Kingdom increased their level of immigration fees with effect from 6 April 2014.

This paper seeks the permission of the Minister to continue to align Jersey’s immigration fees with those charged in the United Kingdom, as well as to authorise the Customs and Immigration Service to instruct the Law Draftsman to prepare a draft Order to increase the fees in Jersey. It is proposed that the fee increases be introduced from 1 June 2014.

2) Fee Levels

New immigration fees came into effect in the United Kingdom on 6 April 2014; they were limited, for the most part, to 4%, save that targeted increases were applied to bring dependant fees in line with main application fees. These increases are consistent with the policy of ensuring that those who use and benefit from immigration services should contribute to their running costs.

It is proposed that the Island align its fees with those charged in the United Kingdom as was agreed by the Minister of Home Affairs in September 2011 (MD-HA-2011-0057). The table below shows the current Jersey fee; the new UK fee; the percentage increase proposed; current annual income received and estimated income with the increase.

Application Type

Current Jersey Fee

UK Fee

6 April 2014

% Increase in Fee

Current

Jersey Income pa

Estimated Income pa

Variation of Leave - Work Permit

£578

£601

4.0%

£47,022

£48,902

Variation of Leave – Work Permit Dependant

£433

£601

38.8%

£26,261

£36,450

Variation of Leave – Other

£578

£601

4.0%

£35,445

£36,862

Variation of Leave – Other Dependant

£433

£601

38.8%

£1,990

£2,762

Indefinite Leave to Remain

£1,051

£1,093

4.0%

£99,787

£103,778

Indefinite Leave to Remain – Dependant

£788

£1,093

38.7%

£31,168

£43,230

Total

£241,673

£271,984

3) Recommendation

The Minister is recommended to approve the increase in immigration fees and authorise the Customs and Immigration Service to request the Law Draftsman to prepare the necessary draft Order to align local fees with those of the United Kingdom.