Justice and
Home Affairs
Customs and Immigration Service
Report
To: Minister for Home Affairs
Submitted By: Senior Manager
Immigration and Nationality
Date: 19 March 2021
Proposed changes to the Jersey Immigration Rules:
(1) Paragraph 128 (Requirement for leave to enter Jersey for work permit employment)
(2) Paragraph 134 (Indefinite leave to remain for a work permit holder)
(3) Appendix V(J): Visitor
(4) Appendix HK(J) British National (Overseas)
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There is a need to make changes to the Jersey Immigration Rules (“the Rules”) in order to –
- reflect the updated work permit policy
- clarify certain provisions in the Jersey visitor rules in relation to educational exchanges and study
- make amendments and additions in the Jersey visitor rules under permitted activities
- make some minor drafting adjustments in Appendix HK(J) British National (Overseas) corresponding to adjustments made in the equivalent UK Appendix
- insert a new paragraph under the BN(O) Household Member Route in Appendix HK(J) British National (Overseas) and to make a small textual amendment in the introduction to this Appendix.
Paragraph 128 (Requirement for leave to enter Jersey for work permit employment)
The requirement in sub-paragraph (v) of paragraph 128 that the holder of a work permit which is valid for 12 months or less intends to leave Jersey needs to be deleted because, under the new work permit policy, the permit holder is able to have their employment extended beyond 12 months.
Paragraph 134 (Indefinite leave to remain for a work permit holder)
Part of the work permit policy is that, if a person has spent time in Jersey in work permit employment which is only temporary, that time does not count towards the period of 5 years required to claim permanent residence. Sub-paragraph (i) of paragraph 134 requires adjustment so that its wording is consistent with this aspect of the work permit policy.
Appendix V(J): Visitor
Appendix V(J) needs to be amended to include the following changes –
(a) to amend the references to educational exchanges or study so that it is at a school or other educational institution which is or is not in the wholly maintained sector.
(b) to allow a visitor to conduct market research or analysis in Jersey for their employment overseas.
(c) to allow researchers to conduct independent research for their employment overseas.
(d) to allow translators and/or interpreters to translate and/or interpret in Jersey as an employee of an enterprise overseas.
(e) to allow a visitor to attend a cultural event (e.g. a local festival or community event) as a market stall trader and to allow payment from a Jersey source for doing this activity.
Appendix HK(J) British National (Overseas)
Appendix HK(J) British National (Overseas) needs to be amended to include the following changes –
(a) references to “less than 6 months” to be changed to “6 months or less” in common with the amendment made in the equivalent UK Appendix.
(b) to insert a new paragraph to make clear when a person forms part of the same household as a BN(O) Household Member.
(c) to make a small textual amendment in the introduction to clarify the
purpose of the Appendix HK(J) British National (Overseas) routes.
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