Jersey Immigration Rules: Amendments

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

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The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 7 March 2019:

MINISTERIAL DECISION REFERENCE: MD-HA-2019-0023
Decision Date: 7 March 2019
DECISION SUMMARY TITLE: Changes to the Jersey Immigration Rules - Revised Appendix EU(J) and new Appendix EU(J)(FAMILY PERMITS)
DECISION SUMMARY AUTHOR:	Private Secretary to the Minister for Home Affairs	IS THE DECISION SUMMARY PUBLIC OR EXEMPT? (if exempt state the relevant article/paragraph of the Freedom of Information Law/Regulations)		Public
REPORT TITLE: Changes to the Jersey Immigration Rules - Revised Appendix EU(J) and new Appendix EU(J)(FAMILY PERMITS)
REPORT AUTHOR OR NAME OF PERSON GIVING REPORT: (if different from Decision Summary Author)	Private Secretary to the Minister for Home Affairs	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: Further to MD-HA-2018-0087 and MD-HA-2019-0014, the Minister for Home Affairs confirmed changes and additions to the Jersey immigration rules consisting of – (i) changes to Jersey’s EU Settlement Scheme contained in Appendix EU(J), and (ii) a new Appendix EU(J)(FAMILY PERMIT). As regards (i) above, Appendix EU(J) to the Jersey immigration rules provides the basis for resident EU citizens and their family members, and the family members of certain British citizens, to apply for Jersey immigration status, which they will require in order to remain in Jersey permanently after the UK’s withdrawal from the European Union. The changes to Appendix EU(J) are to ensure that not only resident citizens of the EU, but resident citizens of other European Economic Area (EEA) countries (Iceland, Liechtenstein and Norway) and of Switzerland, and their family members and dependents can apply under the Jersey EU Settlement Scheme to obtain an immigration status. This will be either settled status (indefinite leave to remain) or pre-settled status (limited leave to remain for 5 years). The eligibility criteria under Appendix EU(J) mirror the criteria under the UK scheme. As regards (ii) above, the new Appendix EU(J) (Family Permit) provides for a non-EEA citizen or non-Swiss citizen who is the family member of an EEA/Swiss citizen with status granted under the Jersey EU Settlement Scheme to apply (outside the Island) for an entry clearance to join that EEA/Swiss citizen in Jersey, or to accompany them here, whether for a short stay or to make an application under the scheme in Jersey.
RESOURCE IMPLICATIONS: None as a consequence of this decision.
ACTION REQUIRED: Revised Appendix EU(J) and new Appendix EU(J)(FAMILY PERMITS), to be inserted into the Jersey Immigration Rules, in accordance with the attached reports. The updated Jersey Immigration Rules to be made available on gov.je.
SIGNATURE:			POSITION: Connétable Len Norman Minister for Home Affairs
DATE SIGNED:			EFFECTIVE DATE OF THE DECISION: