Justice and
Home Affairs
Customs and Immigration Service
Report
To: Minister for Home Affairs
Submitted By: Mark Cockerham
Head of Service
Customs & Immigration
Date: 6 January 2020
Subject: Notice of Changes to the Immigration Rules: Appendix EU(J) and Appendix EU(J) (Family Permit)
With the impending withdrawal of the United Kingdom from the EU and the ending of free movement, EEA and Swiss nationals living in Jersey need to apply under Jersey’s EU Settlement Scheme (“the Scheme”) if they wish to remain in Jersey.
The 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. The eligibility criteria for applicants under the Scheme generally mirror the criteria under the Settlement Scheme in the UK Immigration Rules.
There is a need for adjustments to Appendix EU(J) and Appendix EU(J)(Family Permit) to reflect changes made to equivalent provisions in the UK Immigration Rules. It is therefore recommended that the Minister for Home Affairs approves the amendments which may be summarised as follows –
In the provisions relating to “relevant naturalised British citizen” in Rule EU(J)11 and in Annex 1 to make clear that the family members of an EEA citizen who has naturalised as a British citizen can apply under the Scheme even though the relevant dual national, as a British citizen, cannot do so.
- Family members of an EEA citizen who has ceased activity
In Rule EU(J)11 to make clear that a family member relying for their status on an EEA citizen who has ‘ceased activity’ e.g. retired early from employment in Jersey, must have been resident in Jersey as their family member at that point.
- Evidence in support of certain applications
In the definition of “required evidence of family relationship” in Annex 1 to make clear the requirement for an applicant to provide evidence of family relationship (e.g. a non-EEA citizen applicant without documented permanent residence having to provide relevant evidence about their EEA citizen family member, where they are relying on their relationship to that person).
In the definition of “dependent parent” in Annex 1 to make it a requirement for an applicant to provide evidence of being the dependent parent of an EEA citizen in cases where their child is under the age of 18.
- Travel permit for family members
In Rule FP(J)6 to provide for a non-EEA citizen family member granted settled status, whose documentation is then lost or stolen overseas, to apply free of charge for an EU Settlement Scheme travel permit to enable the family member to travel to Jersey, where he or she can apply for replacement documentation.
- Refusal in cases of previous cancellation of leave
In Rules EU(J)16 and FP(J)7 to add discretionary grounds on which applications under the Scheme may be refused in cases where there has been a previous cancellation of leave, or a previous refusal of admission, and refusing the application is justified on grounds of public policy, public security or public health or on the ground that the decision would be conducive to the public good.
Adjustments are needed to this definition in Annex 1 to take account of the changes in the projected date on which the United Kingdom withdraws from the European Union.
The amendments also include a number of textual adjustments and minor corrections which do not affect the substance of the Scheme.
Mark Cockerham
Head of Service
Customs & Immigration