Jersey Immigration Rules: Notice of changes

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A decision made on 8 October 2020

MINISTERIAL DECISION REFERENCE: MD-HA-2020-0061
Decision Date: 24 September 2020
DECISION SUMMARY TITLE: Notice of changes to the Jersey Immigration Rules: (i) Jersey EU Settlement Scheme (ii) Other minor adjustments to the Rules
DECISION SUMMARY AUTHOR:	Senior Manager Immigration and Nationality	IS THE DECISION SUMMARY PUBLIC OR EXEMPT? (if exempt state the relevant article/paragraph of the Freedom of Information Law/Regulations)		Public
REPORT TITLE: Proposed changes to the Jersey Immigration Rules (i) Jersey EU Settlement Scheme (ii) Other minor adjustments to the Rules
REPORT AUTHOR OR NAME OF PERSON GIVING REPORT: (if different from Decision Summary Author)	Senior Manager Immigration and Nationality	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: The Minister for Home Affairs has approved amendments to the Jersey Immigration Rules (“the Rules”) in accordance with section 1(4A) of the UK Immigration Act 1971, as extended to Jersey [1]. The amendments concern: (i) Appendix EU(J) and EU(J)(Family Permit) relating to the Jersey EU Settlement Scheme; and (ii) Other adjustments referred to below. Jersey EU Settlement Scheme The changes reflect a recent updating of the UK Settlement Scheme [2]. The changes keep the criteria for settled status under the Jersey Scheme consistent with the criteria for settled status in the rest of the Common Travel Area, by – bringing family members of the people of Northern Ireland within the scope of the Scheme extending the scope for victims of domestic violence or abuse to apply for a status under the Scheme providing scope for a family member applying under the Scheme to be required to submit a certified English translation of a document clarifying circumstances in which a continuous qualifying period of residence does not have to be continuing Other adjustments – duration of workers’ leave to enter/remain This concerns the Rules which specify for how long a worker must have leave to enter or remain before they can be joined by their spouse, partner or child. The adjustments make clear that the period of such leave to enter/remain must be a period longer than 12 months. Other adjustments – deportation A spent reference in the Rules to s. 47 of the Immigration, Asylum and Nationality Act 2006 is deleted. The deletion is merely a drafting refinement.
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 and to 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: 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: 24th September 2020

Subject: Proposed changes to the Jersey Immigration Rules:

(i) Jersey EU Settlement Scheme

(ii) Other minor adjustments

There is a need to amend the Jersey Immigration Rules (“the Rules”)–

(i) concerning rights under the Jersey EU Settlement Scheme, and

(ii) to adjust some wording in the Rules –

as regards the time for which a worker must have leave to enter or remain in Jersey if his/her spouse/partner/children are to be allowed to join him/her, and

in relation to deportation.

Jersey EU Settlement Scheme

The withdrawal of the UK from the EU and the eventual ending of free movement mean that EEA and Swiss citizens in Jersey must apply under Jersey’s EU Settlement Scheme if they still wish to live in the Island.

The Settlement 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 (“settled status”).

The eligibility criteria for settled status need to be consistent throughout the Common Travel Area. For this reason, the criteria for applicants under the Settlement Scheme need to mirror the criteria under the Settlement Scheme as set out in the UK Immigration Rules.

Amendments to the Scheme are therefore needed to reflect amendments recently made to the UK Immigration Rules.[1] The amendments may be summarised as follows –

(a) To bring family members of the people of Northern Ireland within the scope of the Scheme (and of the Scheme’s family permit and travel permit). This will mean that eligible family members of the people of Northern Ireland will be able to apply for an immigration status under the Scheme, on the same terms as the family members of Irish citizens in the UK. This immigration status will be available to the family members of all the people of Northern Ireland, no matter whether the person of Northern Ireland holds British or Irish citizenship or both.

(b) To extend the scope for victims of domestic violence or abuse to apply for an immigration status under the Scheme. This is currently limited to a former spouse or civil partner whose marriage or civil partnership has been legally terminated and who was a victim of domestic violence or abuse while the marriage or civil partnership was subsisting. The changes will mean that any family member within the scope of the Scheme (a spouse, civil partner, durable partner, child, dependent parent or dependent relative) whose family relationship with an EEA citizen (or with a qualifying British citizen) has broken down permanently as a result of domestic violence and abuse will have a continued right of residence where this is warranted by domestic violence or abuse against them or another family member. They will be able to rely on this, together with their own continuous residence, in applying for a status under the Scheme.

(c) To provide scope for a family member applying under the Scheme or for a family permit, where this is necessary for the purposes of deciding whether they meet the eligibility requirements, to be required to provide a certified English translation of a document submitted as required evidence of the family relationship.

(d) To clarify the circumstances in which a continuous qualifying period of residence on which an applicant relies for their eligibility for status under the Scheme does not have to be continuing at the date of application.

Other adjustments – duration of workers’ leave to enter/remain

Paragraphs 194, 197 and 295J of the Rules specify for how long a worker must have leave to enter or remain if they are able to be joined in the Island by their spouse, partner or child, as the case may be. The adjustment to each of the Rules makes clear that the period of such leave to enter/remain must be a period longer than 12 months.

Other adjustments – deportation

Paragraph 400 of the Rules refers to a person’s removal from the Jersey under section 47 of the Immigration, Asylum and Nationality Act 2006. Section 47 does not apply in Jersey and no longer exists in the UK. The reference to section 47 therefore requires to be deleted.

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.

Senior Manager Immigration and Nationality

Official

[1] on 24 August 2020