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

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 21 December 2020:

MINISTERIAL DECISION REFERENCE: MD-HA-2020-0083
Decision Date: 15 December 2020
DECISION SUMMARY TITLE: Notice of changes to the Jersey Immigration Rules required – on the ending of the right of free movement for EEA and Swiss Nationals, and for other purposes
DECISION SUMMARY AUTHOR:	Senior Manager Immigration and Nationality	IS THE DECISION SUMMARY PUBLIC OR EXEMPT? (if exempt state the relevant article/paragraph of the Freedom of Information Law/Regulations)		Public
REPORT TITLE: Proposed changes to the Jersey Immigration Rules: Paragraph 5: Application Paragraph 6: Interpretation Paragraph 7 in relation to the general provisions for leave to enter or remain in Jersey Part 9: Grounds for refusal – Replacement of Part 9 Appendix V(J): Visitors – Replacement of Appendix V Other amendments to the Rules
REPORT AUTHOR OR NAME OF PERSON GIVING REPORT: (if different from Decision Summary Author)	Senior Manager Immigration and Nationality	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: The Minister for Home Affairs has approved amendments to the Jersey Immigration Rules (“the Rules”) in accordance with section 1(4A) of the UK Immigration Act 1971, as extended to Jersey [1]. The amendments are concerned principally (but not exclusively) with the ending of free movement of EEA citizens at the end of the transition period on 31 December 2020 at 11pm. The amendments concern the following provisions of the Rules: Paragraph 5 (Application) is amended to provide for Irish citizens to continue to enjoy free movement on arrival from outside the common travel area. Paragraph 6 (Interpretation) is amended by inserting or revising definitions for purposes of clarification and also deleting redundant definitions. Paragraph 7 (General provisions for leave to enter/remain) is amended so as to apply to EEA and Swiss nationals as from the ending of free movement. Part 9: (Grounds for refusal of entry clearance, leave to enter/remain) is replaced and streamlined with the following main effects – (a) an applicant must be refused if they have been convicted of a criminal offence and sentenced to 12 months imprisonment or more; and may be refused if the sentence was less than 12 months or was non-custodial; (b) an applicant who seeks leave to enter as a visitor must be refused even if the sentence was less than 12 months or was non-custodial, unless more than 12 months have passed since the date of conviction; (c) an applicant may be refused, or their leave cancelled, because of involvement in a sham marriage or sham civil partnership; and (d) an applicant may be refused, or their leave cancelled, because they have breached customs provisions. Appendix V(J): Visitor replaces the current Appendix V with simplified visitor rules, with the following main effects – (a) to permit study of up to 6 months under the standard visitor route; (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; (c) to remove the requirement for volunteering to be incidental to the main reason for the visit; and (d) to exempt EEA and Swiss nationals from the requirement to obtain a marriage/civil partnership visit visa. Other amendments are made by way of deleting or adjusting references to EEA nationals in the Rules, consequentially on the ending of free movement at the end of the transition period.
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 at 11pm on 31 December 2020. 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: