INTERPRETATION
6. In these Rules the following interpretations apply:
“abroad” or “overseas” means any country or territory outside the common travel area.
An “academic visitor” is a person who is from an overseas academic institution or who is highly qualified within his own field of expertise seeking leave to enter Jersey to carry out research and associated activities for his own purposes.
“adequate” and “adequately” in relation to a maintenance and accommodation requirement shall mean that, after income tax, social security contributions and housing costs have been deducted, there must be available to the family the level of gross income that would be available to them if the family was in receipt of income support.
“adoption” unless the contrary intention appears, includes a de facto adoption in accordance with the requirements of paragraph 309A of these Rules, and “adopted” and “adoptive parent” should be construed accordingly.
An “amateur” is a person who engages in a sport or creative activity solely for personal enjoyment and who is not seeking to derive a living from the activity.
“date of application” means the date of application determined in accordance with paragraph 30 of these Rules as appropriate.
“valid application” means an application made in accordance with the requirements of these Rules.
“in breach of immigration laws” means without valid leave where such leave is required, or in breach of the conditions of leave.
“business day” means any day other than Saturday or Sunday, a day which is a bank holiday under an Act of the States pursuant to Article 2 of the Public Holidays and Bank Holidays (Jersey) Law 1951, Christmas Day or Good Friday.
“civil partner” means a civil partnership which exists under or by virtue of the Civil Partnership (Jersey) Law 2012 (and any reference to a civil partner is to be read accordingly).
“conviction” means conviction for a criminal offence in Jersey or any other country or territory.
“common travel area” means the area referred to in section 1(3) of the Immigration Act 1971 comprising the United Kingdom, the Republic of Ireland and the Islands.
“deception” means making false representations or submitting false documents (whether or not material to the application), or failing to disclose material facts.
“degree course” means a course which leads to a recognised United Kingdom degree at bachelor’s level or above, or an equivalent qualification at level 6 or above of the Regulated Qualifications Framework.
“EEA national” means a national of a State which is a Contracting Party to the European Economic Area Agreement other than the United Kingdom, or a national of a State listed in sub-paragraph (m) of Article 1(1) of the European Communities (Jersey) Law 1973 as amended, or Swiss national.
“EEA State” means a State which is a Contracting Party to the European Economic Area Agreement other than the United Kingdom, or a State listed in sub-paragraph (m) of Article 1(1) of the European Communities (Jersey) Law 1973 as amended, or Switzerland.
“employment”, unless the contrary intention appears, includes paid and unpaid employment, paid and unpaid work placements undertaken as part of a course or period of study, self-employment and engaging in business or any professional activity.
“the Human Rights Convention” means the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950 as it has effect for the time being in relation to Jersey.
“illegal entrant” has the same definition as in section 33(1) of the Immigration Act 1971.
“the Immigration Acts” means:
the Immigration Act 1971,
the Immigration Act 1988,
the Asylum and Immigration Act 1996,
the Immigration and Asylum Act 1999,
the Immigration, Asylum and Nationality Act 2006, and
the Immigration Act 2014,
as extended to Jersey (and a reference to any one of those Acts is a reference to that Act as so extended).
“Immigration Officer” includes a Customs Officer acting as an Immigration Officer.
“a period of imprisonment” referred to in these Rules:
(a) does not include a reference to a person who receives a suspended sentence (unless a court subsequently orders that the sentence or any part of it is to take effect), and
(b) includes a reference to a person who is sentenced to detention, or ordered or directed to be detained, in an institution other than a prison (including, in particular, a hospital or an institution for young offenders).
“intention to live permanently with the other” or “intend to live together permanently” means an intention to live together, evidenced by a clear commitment from both parties that they will live together permanently in Jersey immediately following the outcome of the application in question or as soon as circumstances permit thereafter.
“Intra-Company Transferee” means a person who has been granted a work permit or permission under the Points-Based System, on the basis that he has been temporarily transferred to Jersey or Guernsey or the United Kingdom or the Isle of Man and, at the end of the temporary transfer, will resume employment for the same company overseas.
“Islands” means the Channel Islands and the Isle of Man.
“Jersey” means the Bailiwick of Jersey.
“Leave to Enter and Remain Directions 2017” means the Leave to Enter and Remain Directions given by the Minister on 10 November 2017.
the “Lieutenant-Governor’s Rules” means the rules of practice to be followed in the administration of the Immigration Acts contained in directions given by the Lieutenant-Governor pursuant to section1(4A) of the Immigration Act 1971 effective immediately before the coming into force of these Rules.
“the Minister” means the Minister for Home Affairs.
“non-visa nationals” are persons who are not specified in Appendix 1 to these Rules.
“occupy exclusively” in relation to accommodation shall mean that part of the accommodation must be for the exclusive use of the family.
“overstayed” or “overstaying” means the applicant has stayed in Jersey beyond the time limit attached to the last period of leave granted.
“a parent” includes:
(a) the stepfather of a child whose father is dead and the reference to stepfather includes a relationship arising through civil partnership;
(b) the stepmother of a child whose mother is dead and the reference to stepfather includes a relationship arising through civil partnership.
(c) the father as well as the mother of an illegitimate child where he is proved to be the father;
(d) an adoptive parent but only where a child was adopted in accordance with a decision taken by the competent administrative authority or court in a country whose adoption orders are recognised by the United Kingdom or where a child is the subject of a de facto adoption in accordance with the requirements of paragraph 309A of these Rules (except that an adopted child or a child who is the subject of a de facto adoption may not make an application for leave to enter or remain in order to accompany, join or remain with an adoptive parent under paragraphs 297-303;
(e) in the case of a child born in Jersey who is not a British citizen, a person to whom there has been a genuine transfer of parental responsibility on the ground of the original parent(s)’ inability to care for the child.
“Points-Based System” means the system referred to in Part 6A of the United Kingdom Immigration Rules[1].
“present and settled” means that the person concerned is settled in Jersey and, at the time that an application under these Rules is made, is physically present here or is coming here with or to join the applicant and intends to make Jersey their home with the applicant if their application is successful.
“prohibited degree of relationship” has the same meaning as in the Marriage and Civil Status (Jersey) Law 2001, the Marriage (Prohibited Degrees of Relationship) (Jersey) Law 1949 and the Civil Partnership (Jersey) Law 2012.
“public funds” means any benefit paid by the States of Jersey to any person who has not paid any contribution towards receipt of such benefit. For the purpose of these Rules, a person is not to be regarded as having (or potentially having) recourse to public funds merely because he is (or will be) reliant in whole or in part on public funds provided to his sponsor, unless, as a result of his presence in Jersey, the sponsor is (or would be) entitled to increased or additional public funds.
“Secretary of State” means one of Her Majesty’s principal Secretaries of State.
A “series of events” is two or more linked events, such as a tour, or rounds of a competition, which do not add up to a league or a season.
“settled in Jersey” means that the person concerned:
(a) is free from any restriction on the period for which he may remain save that a person entitled to an exemption under section 8 of the Immigration Act 1971 (otherwise than as a member of the home forces) is not to be regarded as settled in Jersey except in so far as section 8(5A) so provides; and
(b) is either:
(i) ordinarily resident in Jersey without having entered or remained in breach of the immigration laws; or
(ii) despite having entered or remained in breach of the immigration laws, has subsequently entered lawfully or has been granted leave to remain and is ordinarily resident.
“sponsor” means a person in relation to whom an applicant is seeking leave to enter or remain as their spouse, civil partner, fiancé(e), proposed civil partner, unmarried partner or adult dependent relative, as the case may be, under paragraphs 277-295O, Appendix FM (J) or Appendix FM (J1).
“tuberculosis screening” means an applicable country and screening clinic as specified in Appendix T to the United Kingdom Immigration Rules.
“United Kingdom and Islands” means the United Kingdom, Channel Islands and the Isle of Man.
“United Kingdom Immigration Rules” means the rules contained in statements laid before the Parliament of the United Kingdom from time to time in accordance with section 3(2) of the Immigration Act 1971 (as section 3(2) has effect in the United Kingdom)[2].
“United Kingdom passport” bears the meaning it has in the Immigration Act 1971.
“unmarried partner” in relation to any person includes a partner of the same sex as that person.
“visa nationals” are the persons specified in Appendix 1 to these Rules who need a visa for Jersey.
A “visiting professor” is a person who is seeking leave to enter Jersey as an academic professor to accompany students who are studying here on Study Abroad Programmes.
A “visitor” is a person granted leave to enter or remain in Jersey under paragraphs 40-56Z of these Rules.
A “child visitor” is a person granted leave to enter or remain in Jersey under paragraphs 46A-46F of these Rules.
A “business visitor” is a person granted leave to enter or remain in Jersey under paragraphs 46G-46L of these Rules.
An “entertainer visitor” is a person granted leave to enter or remain in Jersey under paragraphs 46S-46X of these Rules.
A “parent of a child at school” is a person who is granted leave to enter or remain in Jersey under paragraphs 56A-56C of these Rules.
A “visitor for the purpose of marriage or to enter into a civil partnership” is a person who is granted leave to enter under paragraphs 56D-56F of these Rules.
A “visitor for private medical treatment” is someone who is granted leave to enter under paragraphs 51-56 of these Rules.
A “visitor in transit” is a person granted leave to enter or remain in Jersey under paragraphs 47-50 of these Rules.
A “visitor undertaking permitted paid engagements” is someone who is granted leave to enter or remain under paragraphs 56X-56Z of these Rules.
A “sports visitor” is a person granted leave to enter or remain in Jersey under paragraphs 46M-46R of these Rules.
“work permit” means a work permit within the meaning of work permit Rules.
“work permit Rules” means Rules for the time being in force made by the Minister under section 1(4) of the Immigration Act 1971.
“working illegally” means working in breach of conditions of leave or working when in Jersey without valid leave where such leave is required.
“Youth Mobility Scheme” means the scheme referred to in Tier 5 (Youth Mobility) Temporary Migrant of the Points-Based System.
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