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Immigration Rules

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Immigration Rules Last updated 14.06.2021 Jersey Immigration Rules CONTENTS Paragraphs Introduction 1-3 Implementation and Transitional Provisions 4 Provision for Irish citizens 5-5B Interpretation 6 PART 1: General provisions regarding leave to enter or remain in Jersey Leave to enter Jersey 7-9 Exercise of the power to refuse leave to enter Jersey or to cancel leave 10 to enter or remain which is in force Suspension of leave to enter or remain in Jersey 10A Cancellation of leave to enter or remain in Jersey 10B Requirement for persons arriving in Jersey to produce evidence of 11 identity and nationality Requirement for a person not requiring leave to enter Jersey to prove that he has the right of abode 12-14 Common Travel Area 15 Admission of certain British passport holders 16-17 Persons outside Jersey 17A – 17B Returning residents 18-20 Non-lapsing leave 20A Holders of restricted travel documents and passports 21-23 Leave to enter granted on arrival in Jersey 23A-23B Entry clearance 24-30C Variation of leave to enter or remain in Jersey 31-33A Withdrawn applications for variation of leave to enter or remain in Jersey 34J Undertakings 35 Medical 36-39 Official 1 Last updated 14.06.2021 PART 2: [not used] PART 3: Persons seeking to enter or remain in Jersey for studies Students 57-62 Re-sits of examinations 69-69E Writing up of thesis 69F-69K Spouses, civil partners or unmarried partners of students 76-78 Children of students 79-81 PART 4: Persons seeking to enter or remain in Jersey as a Minister of Religion or seeking to enter Jersey under the Youth Mobility Scheme Minister of Religion 88 Youth Mobility Scheme 89 PART 5: Persons seeking to enter or remain in Jersey for employment Work permit employment 128A-135 Domestic Workers in Private Households 159A-159H Persons with United Kingdom ancestry 186-193 Spouses or civil partners of persons with limited leave to enter or remain 193A-196F under paragraphs 128-193 Children of persons with limited leave to enter or remain under 196G-199 paragraphs 128-193 PART 6: Persons seeking to enter or remain in Jersey as a businessman, self- employed person, investor, writer, composer or artist Persons intending to establish themselves in business 200A-210 Investors 224-231 Writers, composers and artists 232-239 Spouses or civil partners of persons with limited leave to enter or remain 240-242E under paragraphs 200-239 Children of persons with limited leave to enter or remain under 243-245 paragraphs 200-239 PART 7: Other Categories Persons exercising rights of access to a child resident in Jersey 246-248L Official 2 Last updated 14.06.2021 EEA citizens and their families A255 Long residence 276A-276D Private Life 276ADE-276DH HM Forces 276E-276AI Parent of a child at school 276BT1-276BV1 PART 8: Family Members Spouses or civil partners 277-289 Victims of domestic violence 289A-289D Fiancé(e)s and proposed civil partners 289AA-295 Unmarried partners 295AA-295O Child of a parent, parents or a relative present and settled 296-303 Child of a parent who is a fiancé(e) or proposed civil partner 303A-303F Children born in Jersey who are not British citizens 304-309 Adopted children 309A-316F Family Members of Ministers of Religion 319AA PART 9: Grounds for refusal PART 10: [not used] PART 11: Asylum 326A-352G PART 11B: Asylum 357-361 PART 12: [not used] PART 13: Deportation A362-400 PART 14: Stateless persons 401-416 PART 15: [not used] Appendix KoLL Knowledge of language and life Appendix FM (J) Family members Official 3 Last updated 14.06.2021 Appendix FM (J1) Adult dependent relative Appendix EU (J) EU, other EEA and Swiss citizens and family members Appendix EU (J) (Family Permit) Appendix V(J): Visitor Appendix HK(J) British National (Overseas) Official 4 Last updated 14.06.2021 INTRODUCTION 1. The Minister for Home Affairs, in exercise of powers conferred upon her by section 1(4A) of the Immigration Act 19711, has directed that the practice to be followed in the administration of the Immigration Acts for regulating entry into and the stay of persons in Jersey shall be as set out in this document (hereinafter referred to as “the Jersey Immigration Rules”). These Rules replace the Lieutenant-Governor’s Rules. 2. Immigration Officers will carry out their duties without regard to the race, colour or religion of persons seeking to enter or remain in Jersey and in compliance with the provisions of the Human Rights (Jersey) Law 2000. 3. In these Rules words importing the masculine gender include the feminine unless the contrary intention appears. IMPLEMENTATION AND TRANSITIONAL PROVISIONS 4. These Rules come into effect on the 10th day of November 2017 and will apply to all decisions taken in relation to any application made after that date save that any application made before the 10th day of November 2017 is not affected by these Rules having replaced the Lieutenant-Governor’s Rules, and will be treated as having been made under these Rules. PROVISION FOR IRISH CITIZENS 5. Save where expressly indicated throughout these rules, these Rules do not apply to an Irish citizen who as a result of section 3ZA of the Immigration Act 1971 does not require leave to enter or remain, but an Irish citizen who does require leave to enter or remain is covered by these Rules. 5A. Paragraph 5 does not apply to paragraph 11, Appendix EU(J), Appendix EU(J) (Family Permit), Part 11 (asylum) or Part 13 (deportation). 5B. An Irish citizen who as result of section 3ZA of the Immigration Act 1971 does not require leave to enter or remain is considered settled for the purposes of these rules. INTERPRETATION 6. In these Rules, unless the contrary intention appears, the following interpretations apply: “abroad” or “overseas “means any country or territory outside the common travel area. “adequate” and “adequately” in relation to a maintenance and accommodation requirement shall mean that, after income tax, social security contributions and housing costs have been deducted, there must be available to the family the level of gross income that would be available to them if the family was in receipt of income support. “adoption” unless the contrary intention appears, includes a de facto adoption in accordance with the requirements of paragraph 309A of these Rules, and “adopted” and “adoptive parent” should be construed accordingly. 1 as that Act was extended to Jersey by the Immigration (Jersey) Order 1993 http://www.jerseylaw.je/Law/Display.aspx?url=/law/lawsinforce/consolidated/21/21.700_Appendix_ImmigrationOrder1993.pdf (as amended by the Immigration (Jersey) (Amendment) Order 2017) Official 5 Last updated 14.06.2021 An “amateur” is a person who engages in a sport or creative activity solely for personal enjoyment and who is not seeking to derive a living from the activity. “date of application” means the date of application determined in accordance with paragraph 30 of these Rules as appropriate. “valid application” means an application made in accordance with the requirements of these Rules. “application for asylum” has the meaning given in paragraph 327 of these Rules. “Approved Destination Status Agreement with China” means the Memorandum of Understanding on visa and related issues concerning tourist groups from the People’s Republic of China to the United as an approved destination, signed on 21 January 2005. “Refugee Convention” means the 1951 United Nations Convention and its 1967 Protocol relating to the Status of Refugees. “refugee status” is the recognition by Jersey, following consideration of an application for asylum, that a person meets the criteria in paragraph 334. “refugee leave” means limited leave granted pursuant to paragraph 334 or 335 of these rules and has not been revoked pursuant to paragraph 339A to 339AC or 339B of these Rules. “humanitarian protection” means limited leave granted pursuant to paragraph 339C of these rules and has not been revoked pursuant to paragraph 339G to 339H of these Rules. “in breach of immigration laws” means without valid leave where such leave is required, or in breach of the conditions of leave. “BN(O) Adult Dependent Relative” means a person granted permission as a BN(O) Adult Dependent Relative under Appendix HK(J) British National (Overseas). “BN(O) Household Child” means a person falling within HK(J) 15.1. and who is granted leave as a BN(O) Household Child under Appendix HK(J) British National (Overseas). “BN(O) Household Member” means a person granted leave as a BN(O) Household Member under Appendix HK(J) British National (Overseas). “BN(O) Status Holder” means a person granted leave as a BN(O) Status Holder under Appendix HK(J) British National (Overseas). “business day” means any day other than Saturday or Sunday, a day which is a bank holiday under an Act of the States pursuant to Article 2 of the Public Holidays and Bank Holidays (Jersey) Law 1951, Christmas Day or Good Friday. “Cabotage operations” in Appendix Visitor: Permitted Activities means: (a) in relation to goods, national carriage for hire or reward carried out on a temporary basis in Jersey; or (b) in relation to passengers either: (i) national road passenger services for hire and reward carried out on a temporary basis by a carrier in Jersey, or Official 6 Last updated 14.06.2021 (ii) the picking up and setting down of passengers within Jersey, in the course of a regular international service, provided that it is not the principal purpose of the service. “Child” means a person who is aged under 18 years. “civil partner” means a civil partnership which exists under or by virtue of the Civil Partnership (Jersey) Law 2012 (and any reference to a civil partner is to be read accordingly).
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