Home Affairs Department
Customs and Immigration Service - Introduction of Immigration Fees (exemptions from payment)
Background
The Minister will recall that on 20th January 2010 Proposition, P193/2009 was carried by a standing vote of the States Assembly. The Assembly agreed that a new ‘User Pays’ charge should be introduced as soon as practicable to be levied by the States of Jersey Customs and Immigration Service for providing services to overseas nationals who are subject to Immigration control in respect of the grant of leave to remain in the Bailiwick of Jersey , or the variation of that leave after the entry of such persons.
The Minister is asked to consider whether he wishes to prescribe certain exemptions from payment in the fees.
Legal basis
Section 5 of the Immigration and Asylum Act 1999, as extended to Jersey by the Immigration and Asylum Act 1999 (Jersey) Order 2003, allows for the Minister, by order, to prescribe fees to be paid in connection with applications for:-
- leave to remain in the Bailiwick of Jersey;
- the variation of leave to enter, or remain in, the Bailiwick of Jersey;
- an indefinite leave 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).
Section 5 (3) of the 1999 Act, as extended to Jersey goes on to provide that:
(a) a fee prescribed in connection with such an application is not payable if the basis on which the application is made is that the applicant is –
(i) a person making a claim for asylum which claim either has not been determined or has been granted; or
(ii) a dependant of such a person; and
(b) the [order] may provide for no fee to be payable in prescribed circumstances.
Conclusion
The Customs and Immigration Service considers it appropriate for the local Immigration fee regime to be aligned as closely as possible to the equivalent UKBA fee regime. Whilst not all UKBA exemptions from payment are considered appropriate as they have no direct local equivalent the following exemptions from payment are considered appropriate.
- An application for limited or indefinite leave to remain in Jersey which is made on the basis that the applicant is:
- a person who has been granted limited leave to enter or remain in Jersey outside the provisions of the Directions of the Lieutenant-Governor on the rejection of their claim for asylum; or
- a dependant of such a person
- An application for limited or indefinite leave to remain if the application is made in respect of a person who, at the time of making the application, is a child (aged under 18) who is being provided with assistance by the States of Jersey. “Assistance” is not confined to financial assistance.
- An application for indefinite leave to remain under the Directions of the Lieutenant Governor as a victim of domestic violence, where at the time of making the application, the applicant appears to the Minister to be destitute.
- Where two or more applications are made at the same time in respect of the same person, a single fee is payable. Where the fees differ, the highest fee will apply.
- An application by a person seeking variation of leave to enter or remain in Jersey for a period of up to 6 months if the application is made to an immigration officer on arrival at a port of entry.
Resource Implications
There are no manpower implications associated with this decision and the Service does not consider that the exemptions will impact upon the estimated annual revenue.
It is anticipated that the necessary administrative infrastructure to collect fees can be provided at minimal cost by 1st May 2010.
Recommendation
The Minister is recommended to direct the Customs and Immigration Service to instruct the Law Draftsman to prescribe the following exemptions from payment in the draft Immigration (Fees) Order:
- An application for limited or indefinite leave to remain in Jersey which is made on the basis that the applicant is:
- a person who has been granted limited leave to enter or remain in Jersey outside the provisions of the Directions of the Lieutenant-Governor on the rejection of their claim for asylum; or
- a dependant of such a person
- An application for limited or indefinite leave to remain if the application is made in respect of a person who, at the time of making the application, is a child (aged under 18) who is being provided with assistance by the States of Jersey. “Assistance” is not confined to financial assistance.
- An application for indefinite leave to remain under the Directions of the Lieutenant Governor as a victim of domestic violence, where at the time of making the application, the applicant appears to the Minister to be destitute.
- Where two or more applications are made at the same time in respect of the same person, a single fee is payable. Where the fees differ, the highest fee will apply.
- An application by a person seeking variation of leave to enter or remain in Jersey for a period of up to 6 months if the application is made to an immigration officer on arrival at a port of entry.
The Minister is further recommended to direct the Customs and Immigration Service to instruct the Law Draftsman to allow for the Order to commence on 1st May 2010.
David Nurse
Director, Legal Status and Revenue
Customs and Immigration Service
9th February 2010