Justice and
Home Affairs
Customs and Immigration Service
Report
To: Minister for Home Affairs
Submitted By: Acting Director
Immigration and Nationality
Date: 24 March 2022
The Immigration (Commencement)(Jersey) Order 2022 (the “Commencement Order”)
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Article 1(1) of the Immigration (Jersey) Order 2021 (the “2021 Order in Council”) provides that the 2021 Order in Council “comes into force on such day or days (after th[e] Order has been registered by the Royal Court…) as the Minister may by Order appoint, and different days may be appointed for different provisions and for different purposes”. This is principally because the new Immigration Rules under the Order in Council need to take effect in tandem with the Order in Council, and a specific date has to be appointed for that to happen.
The 2021 Order in Council was registered by the Royal Court on 10 December 2021, having been approved by the States of Jersey under Article 31 of the States of Jersey Law 2005 on 30 June 2021 (see Proposition (P.44/2021)) and made by Her Majesty in Council on 10 November 2021.
The 2021 Order in Council did not come into force upon the registration by the Royal Court. This is because the new Immigration Rules under the 2021 Order in Council needed to be updated to reflect the effect of the provisions within the 2021 Order in Council so that the updated Immigration Rules could be issued and take effect in tandem with the 2021 Order in Council at a specified date appointed for that to happen.
The purpose of the Commencement Order is to bring the 2021 Order in Council into force on 12 April 2022. The 2021 Order in Council,
(a) revokes and replace the Immigration (Jersey) Order 1993 (“1993 Order in Council”) and other later Orders in Council which together had extended various provisions of the Immigration Acts of the United Kingdom to Jersey with modifications;
(b) extends in appropriately modified form such provision of the Immigration Acts as require extension, but have yet to be extended; and
(c) changes the way in which the Immigration Acts, as extended, are presented in the consolidated 2021 Order in Council so the content is more accessible to the public.
The proposed date for the coming into force of the 2021 Order in Council is 12 April 2022.
Recommendation
It is recommended that the Minister for Home Affairs request that drafting be undertaken to prepare the Commencement Order pursuant to Article 1(1) of the 2021 Order in Council so that the Minister for Home Affairs can make the Commencement Order to bring into force the 2021 Order in Council on 12 April 2022.
Acting Director
Immigration and Nationality