Jersey Immigration Rules: Approval of English language test providers

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A decision made on 6 December 2019

MINISTERIAL DECISION REFERENCE: MD-HA-2019-0119
Decision Date: 29th November 2019
DECISION SUMMARY TITLE: Notice of changes to the Jersey Immigration Rules: Approval of English language test providers
DECISION SUMMARY AUTHOR:	Head of Service Customs & Immigration	IS THE DECISION SUMMARY PUBLIC OR EXEMPT? (if exempt state the relevant article/paragraph of the Freedom of Information Law/Regulations)		Public
REPORT TITLE: Notice of changes to the Jersey Immigration Rules: Approval of English language test providers
REPORT AUTHOR OR NAME OF PERSON GIVING REPORT: (if different from Decision Summary Author)	Head of Service Customs & Immigration	IS THE REPORT PUBLIC OR EXEMPT (if exempt state the relevant article/paragraph of the Freedom of Information Law/Regulations)		Public
DECISION AND REASON FOR THE DECISION: In Jersey and the UK, persons seeking immigration clearance as a spouse or partner of someone already in this country need to show a minimum level of competency in the English language. The Jersey Immigration Rules do not specify exactly which English language tests need to be passed but, because there is no difference in the tests as between Jersey and the UK, the Jersey Rules refer simply to the tests “specified for the time being in Appendix O to the United Kingdom Immigration Rules”. However, the UK Immigration Rules were amended recently, and Appendix O was removed. In its place, the language test providers approved by the Secretary of State are now simply published on the gov.uk website. The Minister for Home Affairs has therefore approved an amendment of the Jersey Immigration Rules to remove the references to Appendix O to the UK Immigration Rules, and to refer instead to passing the relevant tests with a provider approved by the Secretary of State, as listed on the gov.uk website. There are references in other parts of the Jersey Immigration Rules to English language test providers “approved by the Minister”, but the relevant test providers are in fact those approved by the Secretary of State. The Minister for Home Affairs has therefore approved an amendment of these references as well, to refer also to English language test providers approved by the Secretary of State, as listed on the gov.uk website.
RESOURCE IMPLICATIONS: None as a consequence of this decision.
ACTION REQUIRED: To make the appropriate amendments to the provisions of the Jersey Immigration Rules referred to in the attached report and to come into effect on the day the Ministerial Decision is signed. The updated Rules will then be made available on gov.je.
SIGNATURE:			POSITION: Connétable Len Norman Minister for Home Affairs
DATE SIGNED:			EFFECTIVE DATE OF THE DECISION:

Jersey Immigration Rules: Approval of English language test providers

Justice and

Home Affairs

Customs and Immigration Service

Report

To: Minister for Home Affairs

Submitted By: Mark Cockerham

Head of Service

Customs & Immigration

Date: 29th November 2019

Subject: Notice of Changes to the Immigration Rules: Approval of English language test providers

APPENDIX FM (J) in the Jersey Immigration Rules is the route for those primarily of non-European Economic Area nationality applying for entry clearance or leave to remain as the spouse, civil partner or unmarried partner (or fiancé(e) or proposed civil partner) of a British citizen or a person settled in Jersey. Applicants under this route must meet the English language requirement or qualify for an exemption. Under Appendix FM (J) the relevant English language tests are certain tests “specified for the time being in Appendix O to the United Kingdom Immigration Rules”.

It is recommended that the Minister for Home Affairs approves a change to Appendix FM (J) so as to –

(a) delete the references to an applicant passing the relevant English language test specified in Appendix O to the UK Immigration Rules; and

(b) insert references instead to an applicant passing the relevant English language test with a provider approved by the Secretary of State for the respective purposes, as listed on the gov.uk website.

The change reflects changes to the United Kingdom Immigration Rules whereby lists of approved English language test providers no longer appear in Appendix O (which has now been removed) and are instead published on the gov.uk website, such providers having been approved by the Secretary of State.

The list of relevant providers and test centres referred to in A. above is a world-wide list; and the list for Jersey immigration purposes needs to match the list for UK immigration purposes. Hence the linking of Appendix FM (J) in this respect to a list approved by the UK Secretary of State.

In this regard the Jersey Immigration Rules contain several historical references to English language test providers “approved by the Minister” for the respective purposes. These references are in the following Rules –

(i) Paragraphs 2.2 and 4.7 of APPENDIX KOLL: KNOWLEDGE OF LANGUAGE AND LIFE, and

(ii) Rules 281, 284, 290 295A and 295D of PART 8: FAMILY MEMBERS.

The references to do not reflect the fact that the relevant English language test providers are, of necessity, providers world-wide approved for the time being by the UK Secretary of State, and not by the Jersey Minister. It is therefore also recommended that the Minister for Home Affairs approves a change to each of the provisions in the Jersey Immigration Rules mentioned in (i) and (ii) above so as to –

(a) delete references to providers approved by the Minister for the respective purposes; and

(b) insert references instead to providers approved by the Secretary of State for the respective purposes, as listed on the gov.uk website.

Mark Cockerham

Head of Service

Customs & Immigration

Official