Justice and
Home Affairs
Customs and Immigration Service
Report
To: Minister for Home Affairs
Submitted By: Senior Manager Immigration and Nationality
Date: 15 December 2020
Proposed changes to the Jersey Immigration Rules
- Paragraph 5: Application
- Paragraph 6: Interpretation
- Paragraph 7: General provisions for leave to enter or remain
- Part 9: Grounds for refusal – Replacement of Part 9
- Appendix V(J): Visitors – Replacement of Appendix V(J)
- Other amendments to the Rules
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There is a need to amend the Jersey Immigration Rules (“the Rules”) in preparation for the ending of free movement of EEA citizens at the end of the transition period on 31 December 2020 at 11pm.
Other amendments to the Rules, unconnected with the ending of free movement, are also required to maintain consistency of approach, where necessary, with the UK immigration rules in relation to the common travel area.
Paragraph 5: Application
The heading to this paragraph needs to be amended to read “Provision for Irish citizens” and to reflect the fact that Irish citizens continue to enjoy free movement on arrival in Jersey from outside the common travel area and do not require leave to enter or remain.
Paragraph 6: Interpretation
The definitions in paragraph 6 require extensive amendments both in relation to the ending of free movement and by way of updating for consistency of approach with the UK immigration rules which have been similarly amended viz:
(a) “Approved Destination Status Agreement with China” (meaning now given in the new Appendix V(J): Visitor);
(b) “BN(O) Adult Dependent Relative”, “BN(O) Household Child”, “BN(O) Household Member” and “BN(O) Household Member” (meaning now given in Appendix HK(J) British National (Overseas));
(c) “Cabotage operations” (meaning now given in Appendix Visitor: Permitted Activities);
(d) “Child” (a person who is aged under 18 years);
(e) “Crew member” (same meaning as in the Immigration Act 1971, as extended);
(f) “Curtailment” (cancelling or curtailing leave resulting in a shorter period of, or no, leave remaining);
(g) “Custodial sentence” (a period of imprisonment, but does not include a suspended sentence);
(h) “Customs breach” (a breach of the Customs and Excise (Jersey) Law 1999 or any other breach relating to powers of the Agent of the Impôts exercisable at the border);
(i) “Decision maker” (an entry clearance officer, immigration officer or the Minister);
(j) “Deportation order” (an order made under section 5(1) of the Immigration Act 1971);
(k) “EEA citizen” and “EEA national” (definitions replaced to refer to any national of a remaining member state who is not also a British citizen);
(l) “English language course” (a course consisting solely of English language study);
(m) “the Immigration Acts” (revised to incorporate reference to the Immigration and Social Security Co-Ordination (EU Withdrawal) Act 2020);
(n) “International Operator Licence” (meaning given in Appendix Visitor: Permitted Activities);
(o) “Own Account” (meaning given in Appendix Visitor: Permitted Activities);
(p) “Passport” (defined in the context of the Rules);
(q) “Permitted Paid Engagement visitor” (a person with leave under Appendix V(J): Visitor to undertake specific paid engagements for up to one month);
(r) “Recreational Course” (a course undertaken purely for leisure purposes not leading to a formal qualification);
(s) “Sham marriage” and “sham civil partnership” (same meaning as in sections 24(5) and 24A(5) of the Immigration and Asylum Act 1999 of the UK);
(t) “visa nationals” (persons – specified in Appendix Visitor: Visa national list in Appendix V(J): Visitor – who need a visa for the United Kingdom and Islands for a visit or for any other purposes where seeking entry for 6 months or less); and
(u) “visitor” (a person granted leave to enter or remain in Jersey under Appendix V(J): Visitor).
Paragraph 7: General provisions for leave to enter or remain in Jersey
This paragraph needs to be amended so that the Rules will be made to apply to EEA and Swiss nationals who will require leave to enter and remain in Jersey as a consequence of the ending of free movement.
Part 9: Grounds for refusal
Part 9 needs to be replaced with revised and streamlined rules on the exercise of powers to refuse or cancel entry clearance or leave to enter or remain on suitability grounds which include the following changes –
(a) to the criminality thresholds to replace the existing different thresholds with a single sentence-based threshold of 12 months applying to offences committed in Jersey or elsewhere. It will also make it easier for persons to understand exactly what impact their convictions will have on their immigration status;
(b) to make it mandatory to refuse an applicant who is seeking entry clearance or leave to enter Jersey for the first time as a visitor or for entry for less than 6 months if the relevant criminality grounds apply;
(c) to introduce a discretionary ground for refusal or cancellation of entry clearance or leave to enter or remain because of involvement in a sham marriage or sham civil partnership; and
(d) to introduce a discretionary ground under which those who breach customs provisions may be refused at the border, or have their existing leave cancelled, for example by carrying prohibited items, importing endangered species or failing to make a customs declaration under this ground (see definition of “customs breach” under paragraph 6: Interpretation – above)
Appendix V(J): Visitor
Appendix V(J) needs to be replaced with simplified visitor rules which include the following changes –
(a) to permit students who wish to undertake short-term study for up to 6 months to use the revised visitor route for this purpose;
(b) to allow visitors who are international drivers to undertake cabotage operations i.e. collecting and delivering goods and passengers from a country outside Jersey to Jersey. These drivers must also be employed or contracted to an operator registered in a country outside Jersey or be a self-employed operator and driver based outside Jersey. The operator must also hold an International Operators Licence or be operating on an own account;
(c) to allow a visitor to undertake volunteering provided it lasts no more than 30 days in total and is for a charity that is registered under the Charities (Jersey) Law 2014, or registered with one of the UK the Charity Commissions (and the requirement is removed for volunteering to be incidental to the main reason for the visit);
(d) to exempt EEA and Swiss nationals from the requirement to obtain a marriage/civil partnership visit visa. EEA and Swiss nationals (except those with EU Settlement Scheme status and Irish citizens) will require to hold such a visa if entering Jersey for that purpose from 1 July 2021.
Other amendments
Paragraph 159A
The purpose of paragraph 159A of the Rules is to provide for the admission of an overseas domestic worker where the worker forms part of their employers’ household overseas; the worker is accompanying their employer to Jersey; and the employer’s stay in Jersey will not exceed six months. The amendment replaces the existing references to a “British or EEA national employer” with references to a “British employer”.
Paragraphs 255 to 261
These paragraphs contain provision regarding EEA nationals and their families in the context of free movement of EEA and Swiss nationals, which will cease on the ending of free movement on 31 December 2020 at 11pm. These paragraphs are therefore deleted (but not affecting the operation of Jersey Settled Status Scheme laid down in Appendix EU(J) and Appendix EU(J) (Family Permit) of the Rules.
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, with effect from 11pm on 31 December 2020.
Senior Manager Immigration and Nationality
gov.je