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JERSEY IMMIGRATION

RULES

Last updated 08.05.2024

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THE JERSEY IMMIGRATION RULES

CONTENTS

Paragraphs

Introduction 1-3

Implementation and Transitional Provisions 4

Provision for Irish citizens

Interpretation

PART 1: General provisions regarding leave to enter or remain in Jersey

Leave to enter Jersey

Exercise of the power to refuse leave to enter Jersey or to cancel leave 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 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

Admission of

certain British passport holders

Persons outside Jersey

17A

–

17B

Returning residents

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

30C

Variation of leave to enter or remain in Jersey

33A

Withdrawn applications for variation of leave to enter or remain in Jersey 34J

Undertakings 35

Medical

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PART 2:

PART 3: Persons seeking to enter or remain in

Jersey for studies

Students

sits of examinations

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

British ancestry

186

193

Spouses or civil partners of persons with limited leave to enter or remain

under paragraphs 128-193

193A-196F

Children of persons with limited leave to enter or remain under paragraphs

128

193

196G-199

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

under

paragraphs 200

239

240-242E

Children of persons with limited leave to enter or remain under paragraphs

200

239

243-245

PART 7: Other Categories

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Persons exercising rights of access to a child resident in Jersey

EEA citizens and their families

246-248L

A255

Long residence

276A

276D

Private Life

276ADE

276DH

HM Forces

Parent of a child at school

276E-276AI

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:

rounds for refusal

PART 10:

PART 11: Asylum

326A-352G

PART 11B: Asylum

357-361

PART 12:

PART 13: Deportation

A362-400

PART 14: Stateless persons

401-416

Appendix KoLL

Knowledge of language and life

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Appendix FM (J)

Family members

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)

Appendix Ukraine (J) Scheme

Appendix Relationship with Partner

Appendix Victim of Domestic Abuse

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INTRODUCTION

1. The Minister for Home Affairs has laid down the following Rules as to the practice to

be followed in the administration of the Immigration Acts for regulating the entry into and

stay of persons in Jersey.

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.

3. In these Rules unless a contrary intention appears –

(a) a reference to a paragraph or an Appendix is a reference a paragraph of, or

an Appendix to, these Rules;

(b) words importing the masculine gender include the feminine unless the

contrary intention appears;

Jersey by Order in Council are references to those Acts as so extended (see

definition of “Immigration Acts” in paragraph 6).

IMPLEMENTATION AND TRANSITIONAL PROVISIONS

4. These Rules come into effect on 12 April 2022 and will apply to all decisions taken

in relation to any application made after that date save that any application made before

that date is not affected by these Rules having replaced the Directions previously made

under section 1(4A) of the Immigration Act 1971 as that Act was extended to Jersey by the

Immigration (Jersey) Order 1993, as amended, and will be decided in accordance with those

previous Directions insofar as any provision of those Directions differs from any provision of

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.

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“adoption” unless the contrary intention appears, includes a de facto adoption in

accordance with the requirements of paragraph 309A, and “adopted” and “adoptive

parent” should be construed accordingly.

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.

“application for asylum” has the meaning given in paragraph 327.

“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.

“Aunt” in Appendix Ukraine (J) Scheme means the sister, or step-sister, of either of the

Jersey-based sponsor’s parents, or the female partner of the Jersey-based sponsor’s uncle

or aunt.”.

“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).

“in breach of immigration laws” means without valid leave where such leave is required,

or in breach of the conditions of leave.

“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

(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.

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“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).

“common travel area” means the area referred to in section 1(3) of the Immigration Act

1971 comprising the United Kingdom, the Republic of Ireland and the Islands.

“conviction” means conviction for a criminal offence in Jersey or any other country or

territory.

“Cousin” in Appendix Ukraine (J) Scheme means the biological, adopted or step-child of

the Jersey-based sponsor’s uncle or aunt.”.

“Crew member” has the same meaning as in the Immigration Act 1971.

“Curtailment”, in relation to the curtailment of a person’s leave to enter or leave to remain,

means cancelling or curtailing their leave such that they will have a shorter period of, or no,

leave remaining.

“Custodial sentence” means a period of imprisonment, not including a suspended

sentence.

“Customs breach” means a breach of any provision of the Customs and Excise (Jersey)

Law 1999 or any other breach relating to an assigned matter (which is any matter in relation

to which the Agent of the Impôts and other officers have a power or duty which may be

exercised at the border).

“date of application” means the date of application determined in accordance with

paragraph 30 as appropriate.

“deception” means making false representations or submitting false documents (whether

or not material to the application) or failing to disclose material facts.

“decision maker” means an entry clearance officer, immigration officer or the Minister as

the case may be.

“degree course” means a course which leads to a recognised United Kingdom degree at

bachelor’s level or above, or an equivalent qualification at level 6 or above of the Regulated

Qualifications Framework.

“Deportation order” means an order made under section 5(1) of the Immigration Act 1971.

“Ecctis” is a service which provides information, advice and opinion on academic,

vocational and professional qualifications and skills from all over the world, set out at:

https://ecctis.com/.

“EEA citizen” and “EEA national” means a person who is a national of: Austria, Belgium,

Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France,

Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania,

Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia,

Spain, Sweden or Switzerland; and who is not also a British citizen.

“employment”, unless the contrary intention appears, includes paid and unpaid

employment, paid and unpaid work placements undertaken as part of a course or period of

study, self-employment and engaging in business or any professional activity.

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“English language course” means a course that solely consists of the English language

study.

“Grandchild” in Appendix Ukraine (J) Scheme means in relation to the Jersey-based

sponsor a biological grandchild, step-grandchild or grandchild by reason of an adoption

recognised by the laws of Jersey relating to adoption.

“Grandparent” in Appendix Ukraine (J) Scheme means in relation to the Jersey-based

sponsor a biological grandparent or grandparent by reason of an adoption recognised by

the laws of Jersey relating to adoption.

“humanitarian protection” means limited leave granted pursuant to paragraph 339C and

has not been revoked pursuant to paragraph 339G to 339H.

“Human Rights Convention” means the Convention for the Protection of Human Rights

and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4

November

1950 as it has effect for the time being in relation to Jersey.

“illegal entrant” has the same definition as in section 33(1) of the Immigration Act 1971.

“Immigration Acts” means the provisions of –

the Immigration Act 1971,

the British Nationality Act 1981,

the Criminal Justice Act 1982,

the Immigration Act 1988,

the Asylum and Immigration Appeals Act 1993,

the Asylum and Immigration Act 1996,

the Immigration and Asylum Act 1999,

the Nationality, Immigration and Asylum Act 2002,

the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004,

the Immigration, Asylum and Nationality Act 2006,

the UK Borders Act 2007,

the Borders, Citizenship and Immigration Act 2009,

the Immigration Act 2014,

the Counter-Terrorism and Security Act 2015,

the Immigration Act 2016,

the Policing and Crime Act 2017,

the Sanctions and Anti-Money Laundering Act 2018, and

the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020

for the time being extended to Jersey by Order in Council (and a reference to any one of

those Acts is a reference to the provisions of that Act as so extended).

“Immigration fee” is a reference to the amount of any fee payable under an Order or

regulations made under any of sections 67A to 69 of the Immigration Act 2014.

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“Immigration Officer” includes a Customs Officer acting as an Immigration Officer.

“intention to live permanently with the other” or “intend to live together permanently”

means an intention to live together, evidenced by a clear commitment from both parties that

they will live together permanently in Jersey immediately following the outcome of the

application in question or as soon as circumstances permit thereafter.

“International Operator Licence” (in Appendix Visitor: Permitted Activities) means:

(a) a licence issued by the competent authority of a country other than Jersey

authorising an operator to undertake international carriage of goods or passengers

by road in accordance with an international agreement to which Jersey is a party; or

(b) a community licence issued by a Member State of the Union in accordance with

Regulation (EC) No 1072/2009 or Regulation (EC) No 1073/2009.

“Intra-Company Transferee” means a person who has been granted a work permit or

permission under the Points-Based System, on the basis that he has been temporarily

transferred to Jersey or Guernsey or the United Kingdom or the Isle of Man and, at the end

of the temporary transfer, will resume employment for the same company overseas.

“Islands” means the Channel Islands and the Isle of Man.

“Jersey” means the Bailiwick of Jersey.

“Leave to Enter and Remain Directions 2017” means the Leave to Enter and Remain

Directions given by the Minister on 10 November 2017.

“Minister” means the Minister for Home Affairs.

“Must not be leading an independent life” or “is not leading an independent life”

means that the person:

(a) does not have a partner; and

(b) is living with their parent (except where they are at boarding school, college or

university as part of their full-time education).

Where a relative other than a parent may act as the sponsor or carer of the person,

references in this definition to living with their “parent” shall be read as applying to that other

relative

“Niece” in Appendix Ukraine (J) Scheme means the female biological, adopted or step-

child of the Jersey-based sponsor’s brother or sister.

“Nephew” in Appendix Ukraine (J) Scheme means the male biological, adopted or step-

child of the Jersey-based sponsor’s brother or sister.”.

“non-visa nationals” are persons who do not need a visa under Appendix Visitor: Visa

national list in advance of travel to Jersey as a visitor or for any other purpose for less than

6 months.

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“occupy exclusively” in relation to accommodation shall mean that part of the

accommodation must be for the exclusive use of the family.

“overstayed” or “overstaying” means the applicant has stayed in Jersey beyond the time

limit attached to the last period of leave granted.

“own account” (in Appendix Visitor: Permitted Activities) means the transport of goods

by a business where the following conditions are fulfilled:

(a) the goods carried are the property of the business or have been sold, bought, let

out on hire or hired, produced, extracted, processed or repaired by the business;

and

(b) the purpose of the journey is to carry the goods to or from the premises of the

business or to move them, either inside or outside the business for its own

requirements; and

at the disposal of, the business under a contractual obligation; and

(d) the vehicles carrying the goods are owned by the business, have been bought by it

on deferred terms or have been hired; and

(e) such transport is no more than ancillary to the overall activities of the business.

“parent” includes:

(a) the stepfather of a child whose father is dead and the reference to stepfather

includes a relationship arising through civil partnership;

(b) the stepmother of a child whose mother is dead and the reference to stepmother

includes a relationship arising through civil partnership.

father;

(d) an adoptive parent but only where a child was adopted in accordance with a decision

taken by the competent administrative authority or court in a country whose adoption

orders are recognised by the United Kingdom or where a child is the subject of a de

facto adoption in accordance with the requirements of paragraph 309A (except that

an adopted child or a child who is the subject of a de facto adoption may not make

an application for leave to enter or remain in order to accompany, join or remain with

an adoptive parent under paragraphs 297-303;

(e) in the case of a child born in Jersey who is not a British citizen, a person to whom

there has been a genuine transfer of parental responsibility on the ground of the

original parent(s)’ inability to care for the child; and

(f) in Appendix Ukraine (J) Scheme a parent also includes a step-father or step-mother,

whether or not the biological parent is dead.

“Partner” means a person’s—

(a) spouse;

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(b) civil partner; or

marriage or a civil partnership for at least 2 years.

“passport” means a document which:

(a) is issued by or on behalf of the government of any country recognised by the UK, or

dealt with as a government by the UK, and which complies with international

passport practice; and

(b) shows both the identity and nationality of the holder; and

document; and

(d) is authentic and not unofficially altered or tampered with; and

(e) is not damaged in a way that compromises the integrity of the document; and

(f) is used by the rightful holder; and

(g) has not expired.

“a period of imprisonment” referred to in these Rules:

(h) does not include a reference to a person who receives a suspended sentence

(unless a court subsequently orders that the sentence or any part of it is to take

effect), and

(i) includes a reference to a person who is sentenced to detention, or ordered or

directed to be detained, in an institution other than a prison (including, in particular,

a hospital or an institution for young offenders).

“Points-Based System” means the system referred to in Part 6A of the United Kingdom

Immigration Rules

“present and settled” means that the person concerned is settled in Jersey and, at the

time that an application under these Rules is made, is physically present here or is coming

here with or to join the applicant and intends to make Jersey their home with the applicant

if their application is successful.

“prohibited degree of relationship” is to be construed in accordance with the Marriage

and Civil Status (Jersey) Law 2001 and the Civil Partnership (Jersey) Law 2012.

“public funds” means any benefit paid by the Government of Jersey to any person who

has not paid any contribution towards receipt of such benefit. For the purpose of these

Rules, a person is not to be regarded as having (or potentially having) recourse to public

funds merely because he is (or will be) reliant in whole or in part on public funds provided

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to his sponsor, unless, as a result of his presence in Jersey, the sponsor is (or would be)

entitled to increased or additional public funds.

“Recreational Course” means a course undertaken purely for leisure purposes that does

not lead to a formal qualification, for example, a leisure course in pottery or horse riding.

“Refugee Convention” means the 1951 United Nations Convention and its 1967 Protocol

relating to the Status of Refugees.

“refugee leave” means limited leave granted pursuant to paragraph 334 or 335 and has

not been revoked pursuant to paragraph 339A to 339AC or 339B.

“refugee status” is the recognition by Jersey, following consideration of an application for

asylum, that a person meets the criteria in paragraph 334.

“Seafarer” means any person, including the master of a ship, who is employed or engaged

or works in any capacity on board a ship and whose normal place of work is on board a

ship.

“Secretary of State” means one of His Majesty’s principal Secretaries of State.

“settled in Jersey” means that the person concerned:

(a) is free from any restriction on the period for which he may remain save that a person

entitled to an exemption under section 8 of the Immigration Act 1971 (otherwise than

as a member of the home forces) is not to be regarded as settled in Jersey except

in so far as section 8(5A) so provides; and

(b) is either:

(i) ordinarily resident in Jersey without having entered or remained in breach of

the immigration laws; or

(ii) despite having entered or remained in breach of the immigration laws, has

subsequently entered lawfully or has been granted leave to remain and is

ordinarily resident.

“Sham marriage” and “sham civil partnership” has the same meaning as in sections

24(5) and 24A(5) of the Immigration and Asylum Act 1999 (in the United Kingdom).

“Sibling” in Appendix Ukraine (J) Scheme means the Jersey-based sponsor or their

partner’s biological or adopted brother or sister or the Jersey-based sponsor or their

partner’s step-brothers and step-sisters.

“sponsor” means a person in relation to whom an applicant is seeking leave to enter or

remain as their spouse, civil partner, fiancé(e), proposed civil partner, unmarried partner or

adult dependent relative, as the case may be, under paragraphs 277-295O, Appendix FM

(J) or Appendix FM (J1).

“tuberculosis screening” means an applicable country and screening clinic as specified

in Appendix T to the United Kingdom Immigration Rules.

“Ukraine Scheme” means the routes set out in Appendix Ukraine (J) Scheme: the Ukraine

Family (J) Scheme and Ukraine Extension (J) Scheme.

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“Uncle” in Appendix Ukraine Scheme, means the brother, or stepbrother, of either of the

Jersey-based sponsor’s parents, or the male partner of the Jersey-based sponsor’s uncle

or aunt.”.

“United Kingdom and Islands” means the United Kingdom, Channel Islands and the Isle

of Man.

“United Kingdom Immigration Rules” means the rules contained in statements laid

before the Parliament of the United Kingdom from time to time in accordance with section

3(2) of the Immigration Act 1971 (as section 3(2) has effect in the United Kingdom)

“United Kingdom passport” bears the meaning it has in the Immigration Act 1971.

“unmarried partner” in relation to any person includes a partner of the same sex as that

person.

“valid application” means an application made in accordance with the requirements of

these Rules.

“visa nationals” means the persons specified in Appendix Visitor: Visa national list in

Appendix V(J): Visitor as needing an entry clearance (a visa), in advance of travel to the UK

and Islands for any purpose and “Non-visa nationals” are persons who are not so

specified in that Appendix and are required to obtain entry clearance in advance of travel

for any purpose other than as a visitor for less than 6 months. .

A “visitor” is a person granted leave to enter or remain in Jersey under Appendix V(J):

Visitor.

“work permit” means a work permit within the meaning of work permit Rules.

“work permit Rules” means Rules for the time being in force made by the Minister under

section 1(4) of the Immigration Act 1971.

“working illegally” means working in breach of conditions of leave or working when in

Jersey without valid leave where such leave is required.

“Youth Mobility Scheme” means the scheme referred to in the UK Immigration Rules in –

(i) Appendix Youth Mobility Scheme; or

(ii) Appendix T5 (Temporary Worker) Youth Mobility Scheme under the rules in force

between 1 December 2020 and 10 October 2021(inclusive); or

(iii) as a Tier 5 Youth Mobility Scheme migrant under Part 6A of those Rules in force

before 1 December 2020.).

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PART 1: GENERAL PROVISIONS REGARDING LEAVE TO ENTER

OR REMAIN IN JERSEY

Leave to enter Jersey

7. A person who is not –

(a) a British citizen; or

(b) a Commonwealth citizen with the right of abode; or

the Immigration Act 1971,

requires leave to enter Jersey.

8. Under sections 3 and 4 of the Immigration Act 1971 an Immigration Officer when

admitting to Jersey a person subject to control under that Act may give leave to enter for a

limited period and, if he does, may impose all or any of the following conditions:

(i) a condition restricting employment or occupation in Jersey;

(ii) a condition requiring the person to maintain and accommodate himself, and any

dependants of his, without recourse to public funds; and

(iii) a condition requiring the person to register with the Jersey Customs and Immigration

Service.

The Immigration Officer may also require him to report to the Medical Officer of Health.

Under section 24 of the Immigration Act 1971 it is an offence knowingly to remain beyond

the time limit or to fail to comply with such a condition or requirement.

9. The time limit and any conditions attached will be made known to the person

concerned either:

(i) by written notice given to him or endorsed by the Immigration Officer in his passport

or travel document; or

(ii) in any other manner permitted by the Leave to Enter and Remain Directions 2017.

Exercise of the power to refuse leave to enter Jersey or to cancel leave to

enter or remain which is in force.

10. The power to refuse leave to enter Jersey or to cancel leave to enter or remain which

is already in force is not to be exercised by an Immigration Officer acting on his own. The

authority of a Senior Immigration Officer, an Assistant Director or Director must always be

obtained.

Suspension of leave to enter or remain in Jersey

10A. Where a person has arrived in Jersey with leave to enter or remain which is in force

but which was given to him before his arrival he may be examined by an Immigration Officer

under paragraph 2A of Schedule 2 to the Immigration Act 1971. An Immigration Officer

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examining a person under paragraph 2A may suspend that person’s leave to enter or

remain in Jersey until the examination is completed.

Cancellation of leave to enter or remain in Jersey

10B. Where a person arrives in Jersey with leave to enter or remain in Jersey which is

already in force, an Immigration Officer may, subject to paragraph 10, cancel that leave.

Requirement for persons arriving in Jersey to produce evidence of identity

and nationality

11. A person must, on arrival in Jersey, produce on request by an Immigration

Officer:

(i) a valid national passport or, subject to paragraph 11A, other document

satisfactorily establishing their identity and nationality; and

(ii) such information as may be required to establish whether they require leave

to enter Jersey and, if so, whether and on what terms leave to enter should

be given.

11A. A national identity card is not valid for the purposes of paragraph 11(i), except

where the holder is one of the following:

(a) a British citizen of Gibraltar; or

(b) a national of Switzerland with a valid entry clearance granted under Appendix

Service Providers from Switzerland to the United Kingdom Immigration Rules; or

limited leave to enter or remain granted under Appendix EU (J), or who has made

a valid application under that Appendix (other than as a joining family member of a

relevant sponsor, as defined in Annex 1 to that Appendix) which has not yet been

finally determined; or

(d) a national of one of the countries listed at paragraph 11B with a valid entry

clearance in the form of an EU Settlement Scheme Family Permit; or

(e) a national of one of the countries listed at paragraph 11B with a frontier worker

permit under the United Kingdom Immigration Rules or the equivalent in Guernsey

or the Isle of Man; or

(f) a national of one of the countries listed at paragraph 11B seeking to come to the

UK as an S2 Healthcare Visitor under the United Kingdom Immigration Rules; or

(g) a national of one of the countries listed at paragraph 11B who has been granted

immigration permission equivalent to that set out in sub-paragraphs (c) and (d)

above elsewhere in the United Kingdom and Islands, or who has made a valid

application under the equivalent elsewhere in the United Kingdom and Islands of

Appendix EU (J) (other than as the equivalent of a joining family member of a

relevant sponsor, as defined in Annex 1 to that Appendix) which has not yet been

finally determined; or

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(h) a national of one of the countries listed at paragraph 11B who is under the age

of 19 years and who is travelling as a member of an organized group of five or more

school pupils where:

(i) The school is a general education school as recognized as such within its

home jurisdiction; and

(ii) the group is accompanied by a teacher from the school; or

(i) a French national who is travelling directly to Jersey from France on a commercial

passenger ferry and:

(i) holds a valid French national identity card which is within the validity dates

printed on the card; and

(ii) travels to Jersey on a day trip with return travel to France booked for the

same day; and

(iii) travelling between 22 April 2023 and 30th September 2024, inclusive; and

(iv) is not transiting through Jersey to another jurisdiction in the Common Travel

Area.

11B. For the purposes of subparagraphs (c) to (h) of paragraph 11A, the holder

must be a national of one of the following countries:

Austria

Belgium

Bulgaria

Croatia

Cyprus

Czech Republic

Denmark

Estonia

Finland

France

Germany

Greece

Hungary

Iceland

Italy

Latvia

Liechtenstein

Lithuania

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Luxembourg

Malta

Netherlands

Norway

Poland

Portugal

Romania

Slovakia

Slovenia

Spain

Sweden

Switzerland.

Requirement for a person not requiring leave to enter Jersey to prove that he

has the right of abode

12. A person claiming to be a British citizen must prove that he has the right of abode in

Jersey by producing either:

(i) a United Kingdom passport describing him as a British citizen or as a citizen of the

United Kingdom and Colonies having the right of abode in the United Kingdom: or

(ii) a certificate of entitlement duly issued by or on behalf of the Government of Jersey

or of the United Kingdom certifying that he has the right of abode.

13. A person claiming to be a Commonwealth citizen with the right of abode must prove

that he has the right of abode by producing a certificate of entitlement duly issued to him by

or on behalf of the Government of Jersey or of the United Kingdom certifying that he has

the right of abode.

14. A Commonwealth citizen who has been given limited leave to enter Jersey may later

claim to have the right of abode. The time limit on his stay may be removed if he is able to

establish a claim to the right of abode, for example, by showing that:

(i) immediately before the commencement of the British Nationality Act 1981 he was a

Commonwealth citizen born to or legally adopted by a parent who at the time of the

birth had citizenship of the United Kingdom and Colonies by his birth in Jersey or

elsewhere in the United Kingdom and Islands, and

(ii) he has not ceased to be a Commonwealth citizen in the meanwhile.

Common Travel Area

15. The United Kingdom, the Channel Islands, the Isle of Man and Republic of Ireland

collectively form a common travel area. A person who has been examined for the purpose

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of immigration control at the point at which he entered the area does not normally require

leave to enter any other part of it. However certain persons subject to the Immigration

(Control of Entry through Republic of Ireland) (Jersey) Order 2018 who enter Jersey from

the Republic of Ireland do require leave to enter. This includes:

(i) those who merely passed through the Republic of Ireland;

(ii) persons requiring visas;

(iii) persons who entered the Republic of Ireland unlawfully;

(iv) persons who are subject to directions given by the Minister under section 9(4) of the

Immigration Act 1971 for their exclusion from Jersey on the ground that their

exclusion is conducive to the public good;

(v) persons who entered the Republic from the United Kingdom and Islands after

entering there unlawfully or overstaying their leave;

(vi) persons prohibited from entering the United Kingdom by order of the Secretary of

State.

Admission of certain British passport holders

16. A person in any of the following categories may be admitted freely to Jersey on

production of a United Kingdom passport issued in Jersey or elsewhere in the United

Kingdom and Islands, or in the Republic of Ireland, prior to 1 January 1973; unless his

passport has been endorsed to show that he was subject to immigration control:

(i) a British Dependent Territories citizen;

(ii) a British National (Overseas);

(iii) a British Overseas citizen;

(iv) a British protected person;

(v) a British subject by virtue of section 30(a) of the British Nationality Act 1981, (who,

immediately before the commencement of the 1981 Act, would have been a British

subject not possessing citizenship of the United Kingdom and Colonies or the

citizenship of any other Commonwealth country or territory).

17. British Overseas citizens who hold United Kingdom passports wherever issued and

who satisfy the Immigration Officer that they have, since 1 March 1968, been given indefinite

leave to enter or remain in Jersey may be given indefinite leave to enter.

Persons outside Jersey

17A. Where a person is outside Jersey but wishes to travel to Jersey an Immigration

Officer may give or refuse him leave to enter. An Immigration Officer may exercise these

powers whether or not he is, himself, in Jersey. However, an Immigration Officer is not

obliged to consider an application for leave to enter from a person outside Jersey.

17B. Where a person having left the common travel area has leave to enter Jersey which

remains in force under paragraph 13 of the Leave to Enter and Remain Directions 2017 an

Immigration Officer may cancel that leave. An Immigration Officer may exercise these

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powers whether or not he is, himself, in Jersey. If a person outside Jersey has leave to

remain in Jersey which is in force in this way, an Immigration Officer may cancel that leave.

Returning Residents

18. A person seeking leave to enter Jersey as a returning resident may be admitted for

settlement provided the Immigration Officer is satisfied that the person concerned:

(i) had indefinite leave to enter or remain in Jersey when he last left; and

(ii) has not been away from Jersey for more than 2 years; and

(iii) did not receive assistance from public funds towards the cost of leaving Jersey; and

(iv) now seeks admission for the purpose of settlement.

18A. Those who qualify for admission to Jersey as returning residents in accordance with

paragraph 18 do not need a visa to enter Jersey.

19. A person who does not benefit from paragraph 18 by reason only of having been

away from Jersey too long may nevertheless be admitted as a returning resident if, for

example, he has lived here for most of his life.

19A. Sub paragraphs (ii) and (iii) of paragraph 18 shall not apply where a person who

has indefinite leave to enter or remain in Jersey accompanies on an overseas posting, a

spouse, civil partner or unmarried partner who is:

(a) a member of HM Forces serving overseas; or

(b) a British citizen or is settled in Jersey; and

(i) a permanent member of HM Diplomatic Service;

(ii) a comparable British Islands based staff member of the British Council;

(iii) a staff member of the Department for International Development; or

(iv) a Home Office employee.

20. The leave of a person whose stay in Jersey is subject to a time limit lapses on his

going to a country or territory outside the common travel area if the leave was given for a

period of 6 months or less or conferred by a visit visa. In other cases, leave lapses on the

holder remaining outside Jersey for a continuous period of more than 2 years. A person

whose leave has lapsed and who returns after a temporary absence abroad within the

period of this earlier leave has no claim to admission as a returning resident. His application

to re-enter Jersey should be considered in the light of all the relevant circumstances. The

same time limit and any conditions attached will normally be re-imposed if he meets the

requirements of these Rules, unless he is seeking admission in a different capacity from the

one in which he was last given leave to enter or remain.

Non-lapsing leave

20A. Leave to enter or remain in Jersey will usually lapse on the holder going to a country

or territory outside the common travel area. However, under paragraph 13 of the Leave to

Enter and Remain Directions 2017 such leave will not lapse where it was given for a period

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exceeding 6 months or where it was conferred by means of an entry clearance (other than

a visit visa).

20B. Those who seek leave to enter Jersey within the period of their earlier leave and for

the same purpose as that for which that leave was granted, unless it –

(i) was for a period of 6 months or less; or

(ii) was extended by Order (of the Minister) or by section 3C of the Immigration

Act 1971,

do not need a visa to enter Jersey.

Holders of restricted travel documents and passports

21. The leave to enter or remain in Jersey of the holder of a passport or travel document

whose permission to enter another country has to be exercised before a given date may be

restricted so as to terminate at least 2 months before that date.

22. If his passport or travel document is endorsed with a restriction on the period for

which he may remain outside his country of normal residence, his leave to enter or remain

in Jersey may be limited so as not to extend beyond the period of authorised absence.

23. The holder of a travel document issued by the Home Office or the Jersey Customs

and Immigration Service should not be given leave to enter or remain for a period extending

beyond the validity of that document. This paragraph and paragraphs 21-22 do not apply

to a person who is eligible for admission for settlement or to a spouse or civil partner who

is eligible for admission under paragraph 282 or to a person who qualifies for the removal

of the time limit on his stay.

Leave to enter granted on arrival in Jersey

23A. A person who is not a visa national and who is seeking leave to enter on arrival in

Jersey for a period not exceeding 6 months for a purpose for which prior entry clearance is

not required under these Rules may be granted such leave, for a period not exceeding 6

months. This paragraph does not apply where the person is a British National (Overseas),

a British overseas territories citizen, a British Overseas citizen, a British protected person,

or a person who under the British Nationality Act 1981 is a British subject.

23B. A person who is a British National (Overseas), a British overseas territories citizen,

a British Overseas citizen, a British protected person, or a person who under the British

Nationality Act 1981 is a British subject, and who is seeking leave to enter on arrival in

Jersey for a purpose for which prior entry clearance is not required under these Rules may

be granted such leave, irrespective of the period of time for which he seeks entry, for a

period not exceeding 6 months.

Entry Clearance

24. The following persons are required to obtain entry clearance in advance of travel

to Jersey:

(i)

a visa national;

(ii)

a non-visa national (not a British or Irish national) who is seeking entry for

any purpose other than as a visitor seeking entry for 6 months or less, or

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(iii)

a British national without the right of abode who is seeking entry for a purpose

for which prior entry clearance is required under these Rules.

Any other person who wishes to ascertain in advance whether they are eligible for

admission to Jersey may apply for the issue of an entry clearance.

24A. A person who requires entry clearance must on arrival in Jersey either:

(i)

produce to the Immigration Officer a valid passport or other identity

document endorsed with an entry clearance, issued to them for the

purpose for which they seek entry, which is still in force, or:

(ii)

where they have been granted an entry clearance which was issued to

them in electronic form (an eVisa) for the purpose for which they seek

entry and which is still in force, produce to the Immigration Officer a

valid passport or other identity document.

24B. A person who requires entry clearance and fails to meet the requirements of 24A must

not be granted leave to enter on arrival.

25. Entry clearance takes the form of a visa (for visa nationals) or an entry certificate

(for non-visa nationals). A visa or an entry certificate may be issued in electronic form.

These documents are to be taken as evidence of the holder’s eligibility for entry into Jersey,

and accordingly accepted as “entry clearances” within the meaning of the Immigration Act

1971.

25A. Entry clearance which satisfies the requirements set out in paragraph 3 of the Leave

to Enter and Remain Directions 2017 will have effect as leave to enter Jersey. The

requirements are that the entry clearance must specify the purpose for which the holder

wishes to enter Jersey and should be endorsed with the conditions to which it is subject or

with a statement that it has effect as indefinite leave to enter Jersey. The holder of such an

entry clearance will not require leave to enter on arrival in Jersey and, for the purposes of

these Rules, will be treated as a person who has arrived in Jersey with leave to enter which

is in force but which was given to him before his arrival.

26. An application for entry clearance will be considered in accordance with the

provisions in these Rules governing the grant or refusal of leave to enter. Where

appropriate, the term “Entry Clearance Officer” should be substituted for “Immigration

Officer”.

27. An application for entry clearance is to be decided in the light of the circumstances

existing at the time of the decision, except that an applicant will not be refused an entry

clearance where entry is sought in one of the categories contained in paragraphs 296-316

solely on account of his attaining the age of 18 years between receipt of his application and

the date of the decision on it.

28. An applicant for an entry clearance must be outside the United Kingdom and Islands

at the time of the application. An applicant for an entry clearance who is seeking entry as a

visitor or under Appendix Ukraine (J) Scheme must apply to a post designated by the

Secretary of State to accept applications for entry clearance for that purpose and from that

category of applicant. Any other application must be made to the post in the country or

territory where the applicant is living which has been designated by the Secretary of State

to accept applications for entry clearance for that purpose and from that category of

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applicant. Where there is no such post the applicant must apply to the appropriate

designated post outside the country or territory where he is living.

29. For the purposes of paragraph 28 “post” means a British Diplomatic Mission, British

Consular post or the office of any person outside the United Kingdom and Islands who has

been authorised by the Secretary of State to accept applications for entry clearance. A list

of designated posts is published by the Foreign and Commonwealth Office.

30. An application for an entry clearance is not made until all fees required to be paid

under any Order (of the Minister) or regulations (of the Secretary of State) made under any

of sections 67A to 70 of the Immigration Act 2014 have been paid.

30A. An entry clearance may be revoked if the Entry Clearance Officer is satisfied that:

(i) whether or not to the holder’s knowledge, false representations were employed or

material facts were not disclosed, either in writing or orally, for the purpose of

obtaining the entry clearance; or

(ii) a change of circumstances since the entry clearance was issued has removed the

basis of the holder’s claim to be admitted to Jersey, except where the change of

circumstances amounts solely to his exceeding the age for entry in one of the

categories contained in paragraphs 296-316 since the issue of the entry clearance;

(iii) the holder’s exclusion from Jersey would be conducive to the public good.

30B. An entry clearance shall cease to have effect where the entry clearance has effect

as leave to enter and an Immigration Officer cancels that leave in accordance with

paragraph 2A (8) of Schedule 2 to the Immigration Act 1971.

30C. An Immigration Officer may cancel an entry clearance which is capable of having

effect as leave to enter if the holder arrives in Jersey before the day on which the entry

clearance becomes effective or if the holder seeks to enter Jersey for a purpose other than

the purpose specified in the entry clearance.

Variation of leave to enter or remain in Jersey

31. Under section 3(3) of the Immigration Act 1971 a limited leave to enter or remain in

Jersey may be varied by extending or restricting its duration, by adding, varying or revoking

conditions or by removing the time limit (whereupon any condition attached to the leave

ceases to apply). When leave to enter or remain is varied an entry is to be made in the

applicant’s passport or travel document (and his registration certificate where appropriate)

or the decision may be made known in writing in some other appropriate way.

31A. Where a person has arrived in Jersey with leave to enter or remain in Jersey which

is in force but was given to him before his arrival, he may apply, on arrival at the port of entry

in Jersey for variation of that leave. An Immigration Officer acting on behalf of the Minister

may vary the leave at the port of entry but is not obliged to consider an application for

variation made at the port of entry. If an Immigration Officer acting on behalf of the Minister

has declined to consider an application for variation of leave at a port of entry but the leave

has not been cancelled under paragraph 2A(8) of Schedule 2 to the Immigration Act 1971,

the person seeking variation should apply to the Jersey Customs and Immigration Service

under paragraph 32.

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32. After admission to Jersey any application for an extension of the time limit on or

variation of conditions attached to a person’s stay in Jersey must be made to the Jersey

Customs and Immigration Service before the applicant’s current leave to enter or remain

expires.

33. DELETED

33A. DELETED

33B-34I

Withdrawn applications for variation of leave to enter or remain in Jersey

34J. Where a person whose application for variation of leave to enter or remain is being

considered requests the return of his passport for the purpose of travel outside the common

travel area, the application for variation of leave shall, provided it has not already been

determined, be treated as withdrawn as soon as the passport is returned in response to that

request.

Void applications

34KA. An application is void where it would not be possible to grant the applicant the

permission for which they applied.

34KB. If an application is void, it will not be considered.

34KC. An application is void if, for example, any of the following apply:

(a)

it was made by a person who is exempt from immigration control, unless it was

made under Appendix EU(J) of these Rules; or

(b)

it is an application for temporary permission, and the applicant has already been

granted settlement; or

(c)

it is a new application for permission to stay and is made while the applicant’s

current permission is extended under section 3C of the Immigration Act 1971

during the period where an in-time appeal could be brought or is pending, unless

the new application is made under Appendix EU(J) of these Rules or is a human

rights or protection claim; or

(d)

the applicant has died before the application has been decided.

Undertakings

35. A sponsor of a person seeking leave to enter or variation of leave to enter or remain

in Jersey may be asked to give an undertaking in writing to be responsible for that person’s

maintenance, accommodation and (as appropriate) personal care for the period of any leave

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granted, including any further variation or for a period of 5 years from date of grant where

indefinite leave to enter or remain is granted.

Medical

36. A person who intends to remain in Jersey for more than 6 months should normally

be referred to the Medical Officer of Health for examination. If he produces a medical

certificate he should be advised to hand it to the Medical Officer of Health. Any person

seeking entry who mentions health or medical treatment as a reason for his visit, or who

appears not to be in good mental or physical health, should also be referred to the Medical

Officer of Health, and the Immigration Officer has discretion, which should be exercised

sparingly, to refer for examination in any other case.

37. Where the Medical Officer of Health advises that a person seeking entry is suffering

from a specified disease or condition which may interfere with his ability to support himself

or his dependants, the Immigration Officer should take account of this, in conjunction with

other factors, in deciding whether to admit that person. The Immigration Officer should also

take account of the Medical Officer of Health’s assessment of the likely course of treatment

in deciding whether a person seeking entry for private medical treatment has sufficient

means at his disposal.

38. A returning resident should not be refused leave to enter or have existing leave to

enter or remain cancelled on medical grounds. But where a person would be refused leave

to enter or have existing leave to enter or remain cancelled on medical grounds if he were

not a returning resident, or in any case where it is decided on compassionate grounds not

to exercise the power to refuse leave to enter or to cancel existing leave to enter or remain,

or in any other case where the Medical Officer of Health so recommends, the Immigration

Officer should give the person concerned a notice requiring him to report to the Medical

Officer of Health with a view to further examination and any necessary treatment.

A39. Any person making an application for entry clearance to come to Jersey for more

than 6 months, except for applications made under Appendix Ukraine (J) Scheme, or as a

fiancé(e) or proposed civil partner applying for leave to enter as a partner under paragraphs

23-24 Appendix FM (J), having been present in a country listed in Appendix T to the United

Kingdom Rules for more than 6 months immediately prior to their application, must present,

at the time of application, a valid medical certificate issued by a medical practitioner

approved by the Secretary of State for these purposes, as listed on the Gov.uk website,

confirming that they have undergone screening for active pulmonary tuberculosis and that

this tuberculosis is not present in the applicant.

B39. Applicants seeking leave to enter as a returning resident under paragraph 19,

having been absent from the United Kingdom and Islands for more than 2 years are also

subject to the requirements in paragraph A39.

C39. Where a person has lawfully been present in a country not mentioned in Appendix

T to the United Kingdom Rules for more than 6 months and they are applying for entry

clearance as in A39 in a country in Appendix T to the United Kingdom Rules but have not

been in that country or any other country mentioned in Appendix T to the United Kingdom

Rules for more than 6 months immediately before making their application, they will not be

required to produce a medical certificate showing they are free from active pulmonary TB.

This does not alter the discretionary powers as in paragraph 39 below.

39. The Entry Clearance Officer has the same discretion as an Immigration Officer to

refer applicants for entry clearance for medical examination and the same principles will

apply to the decision whether or not to issue an entry clearance.

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39A

Specified Documents

39B. (a) Where these Rules state that specified documents must be provided, that

means documents specified in these Rules as being specified documents for the

route under which the applicant is applying. If the specified documents are not

provided, the applicant will not meet the requirement for which the specified

documents are required as evidence.

(b) Where these Rules specify documents that are to be provided, those documents

are considered to be specified documents, whether or not they are named as such,

and as such are subject to the requirements in (c) to (f) below.

genuineness of any document submitted by an applicant which is, or which

purports to be, a specified document under these Rules, and having taken

reasonable steps to verify the document is unable to verify that it is genuine, the

document will be discounted for the purposes of this application.

(d) Specified documents may be originals or copies.

(e) Specified documents must contain, or the applicant must provide, full contact

details to allow each document to be verified.

(f) Where any specified documents provided are not in English, the applicant must

provide the version in the original language and a full translation that can be

independently verified by the Entry Clearance Officer, Immigration Officer or the

Minister.

The translation must be dated and include:

(i) confirmation that it is an accurate translation of the original document;

(ii) the full name and signature of the translator or an authorised official of the

translation company;

(iii) the translator or translation company’s contact details; and

(iv) if the applicant is applying for leave to remain or indefinite leave to remain,

certification by a qualified translator and details of the translator or translation

company’s credentials.

Indefinite leave to enter or remain

39C (a) An applicant for indefinite leave to enter or remain must, unless the applicant

provides a reasonable explanation, comply with any request made by the

Minister to attend an interview.

(b) If the decision-maker has reasonable cause to doubt (on examination or

interview or on any other basis) that any evidence submitted by or on behalf

of an applicant for the purposes of satisfying the requirements of Appendix

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KoLL of these Rules was genuinely obtained, that evidence may be

discounted for the purposes of the application.

a further opportunity to demonstrate sufficient knowledge of the English

language and about life in the United Kingdom and Jersey in accordance

with paragraph 3.2 or 3.3 of Appendix KoLL.

(d) A decision-maker may decide not to give the applicant a further opportunity

under sub-paragraph (c) where the decision-maker does not anticipate that

the supply of further evidence will lead to a grant of leave to enter or remain

in Jersey because the application may be refused for other reasons.

Power to interview a person with limited leave to enter or remain

39D. For the purpose of assessing whether any of the grounds of cancellation of entry

clearance or permission under Part 9 apply the Minister may request a person to:

(a) provide additional information to the Jersey Customs and Immigration

Service at the address specified in the request within 28 calendar days of the

date the request is sent; and

(b) attend an interview.

Exception for overstayers

39E. This paragraph applies where:

(1) the application was made within 14 days of the applicant’s leave expiring and the

Minister considers that there was a good reason beyond the control of the applicant or their

representative, provided in or with the application, why the application could not be made

in-time; or

(2) the application was made:

(a)

following the refusal or rejection of a previous application for leave which

was made in-time; and

(b)

within 14 days of:

(i)

the refusal or rejection of the previous application for leave; or

(ii)

the expiry of any leave extended by section 3C of the Immigration Act

1971; or

(iii)

the expiry of the time-limit for making an in-time application for

administrative review or appeal in relation to the previous application

(where applicable); or

(iv)

any such administrative review or appeal being concluded,

withdrawn, abandoned or lapsing; or

(3) the period of overstaying was between 24 January and 31 August 2020; or

(4) where the applicant has, or had, permission on the Hong Kong BN(O) route, and

the period of overstaying was between 1 July 2020 and 31 January 2021.

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PART 2: ***

PART 3: PERSONS SEEKING TO ENTER OR REMAIN IN JERSEY

FOR STUDIES

STUDENTS

Requirements for leave to enter as a student

57. The requirements to be met by a person seeking leave to enter Jersey as a student

are that he:

(i) has been accepted for a course of study at:

(a) a publicly funded institution of further or higher education; or

(b) a bona fide private education institution which maintains satisfactory records

of enrolment and attendance; or

(ii) is able and intends to follow either:

(a) a recognised full-time degree course of no more than 5 years duration at a

publicly funded institution of further or higher education; or

(b) a weekday full-time degree course of no more than 5 years duration involving

attendance at a single institution for a minimum of 15 hours organised daytime

study per week of a single subject or directly related subjects, or

(iii) if under the age of 16 years is enrolled at a fee-paying school outside the wholly

maintained sector on a full-time course of studies which meets the requirements of

current Jersey legislation; and

(iv) intends to leave Jersey at the end of his studies; and

(v) does not intend to engage in business or to take employment except:

(a) employment during term time of no more than 20 hours per week and

employment (of any duration) during vacations, where the student is

following a full-time degree course,

(b) employment as part of a course-related work placement which forms an

assessed part of the full-time course provided that any period spent on the

placement does not exceed half of the total length of the course; and

(vi) is able to meet the costs of his course and accommodation and the maintenance of

himself and any dependants without taking employment (other than is permitted

under paragraph 57 (v)) or engaging in business, or having recourse to public funds;

and

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(vii) has not anywhere in the United Kingdom and Islands been granted leave to enter

as a student on a full-time degree course in the preceding 5 years; and

(viii) holds a valid entry clearance for entry in this capacity.

Leave to enter as a student

58. A person seeking leave to enter Jersey as a student may be admitted for an

appropriate period depending on the length of his course of study and his means, and with

a condition prohibiting employment (other than is permitted under paragraph 57 (v)),

provided he is able to produce to the Immigration Officer on arrival a valid entry clearance

for entry in this capacity.

Refusal of leave to enter as a student

59. Leave to enter as a student is to be refused if the Immigration Officer is not satisfied

that each of the requirements of paragraph 57 is met.

Requirements for an extension of stay as a student

60. The requirements for an extension of stay as a student are that the applicant:

(i)

(a) was last admitted to Jersey in possession of a valid student entry clearance in

accordance with paragraphs 57-62; or

(b) has previously been granted leave to enter or remain in Jersey to re-sit an

examination in accordance with paragraphs 69A-69K; or

previously been granted leave to enter or remain in Jersey in accordance with

paragraphs 128-135; or

(ii) meets the requirements for admission as a student set out in paragraph 57 (i)-(vi);

and

(iii) has produced evidence of his enrolment on a course which meets the requirements

of paragraph 57; and

(iv) can produce satisfactory evidence of regular attendance during any course which

has already begun; or any other course for which he has been enrolled in the past;

and

(v) can show evidence of satisfactory progress in his course of study including the

taking and passing of any relevant examinations; and

(vi) would not, as a result of an extension of stay:

(a) spend more than 2 years on short courses below degree level (i.e. courses

of less than 1 year’s duration, or longer courses broken off before

completion) in the United Kingdom and Islands; or

(b) spend more than 5 years on full-time degree courses in the United Kingdom

and Islands; and

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(vii) has not come to the end of a period of government or international scholarship

agency sponsorship, or has written consent of his official sponsor for a further period

of study in Jersey and satisfactory evidence that sufficient sponsorship funding is

available; and

(viii) must not be in Jersey in breach of immigration laws except that any period of

overstaying for a period of 28 days or less will be disregarded.

Extension of stay as a student

61. Extension of stay as a student may be granted, subject to a condition prohibiting

employment (other than is permitted under paragraph 57 (v)), provided the Minister is

satisfied that the applicant meets each of the requirements of paragraph 60.

Refusal of extension of stay as a student

62. An extension of stay as a student is to be refused if the Minister is not satisfied that

each of the requirements of paragraph 60.

63-68

RE-SITS OF EXAMINATIONS

Requirements for leave to enter to re-sit an examination

69. The requirements to be met by a person seeking leave to enter Jersey in order to

re-sit an examination are that the applicant:

(i)

(a) meets the requirements for admission as a student set out in paragraph 57 (i)-

(vi); or

(b) met the requirements for admission as a student set out in paragraph 57 (i)-

(iii) in the previous academic year and continues to meet the requirements of

paragraph 57 (iv)-(vi); and

(ii) has produced written confirmation from the education institution or fee-paying school

which he attends or attended in the previous academic year that he is required to

re-sit an examination; and

(iii) can provide satisfactory evidence of regular attendance during any course which he

has already begun; or any other course for which he has been enrolled in the past;

and

(iv) has not come to the end of a period of government or international scholarship

agency sponsorship, or has the written consent of his official sponsor for a further

period of study in Jersey and satisfactory evidence that sufficient sponsorship

funding is available; and

(v) has not previously been granted leave to re-sit the examination.

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Leave to enter to re-sit an examination

69A. A person seeking leave to enter Jersey in order to re-sit an examination may be

admitted for a period sufficient to enable him to re-sit the examination at the first available

opportunity with a condition prohibiting employment, provided the Immigration Officer is

satisfied that each of the requirements of paragraph 69 is met.

Refusal of leave to enter to re-sit an examination

69B. Leave to enter to re-sit an examination is to be refused if the Immigration Officer is

not satisfied that each of the requirements of paragraph 69 is met.

Requirements for an extension of stay to re-sit an examination

69C. The requirements for an extension of stay to re-sit an examination are that the

applicant:

(i) was admitted to Jersey with a valid student entry clearance if he was then a visa

national; and

(ii) meets the requirements set out in paragraph 69 (i)-(v).

Extension of stay to re-sit an examination

69D. An extension of stay to re-sit an examination may be granted for a period sufficient

to enable the applicant to re-sit the examination at the first available opportunity, subject to

a condition prohibiting employment, provided the Minister is satisfied that the applicant

meets each of the requirements of paragraph 69C.

Refusal of extension of stay to re-sit an examination

69E. An extension of stay to re-sit an examination is to be refused if the Minister is not

satisfied that each of the requirements of paragraph 69C is met.

WRITING UP A THESIS

Requirements for leave to enter to write up a thesis

69F. The requirements to be met by a person seeking leave to enter Jersey in order to

write up a thesis are that the applicant:

(i)

(a) meets the requirements for admission as a student set out in paragraph 57 (i)-

(vi); or

(b) met the requirements for admission as a student set out in paragraph 57 (i)-

(iii) in the previous academic year and continues to meet the requirements of

paragraph 57 (iv)-(vi); and

(ii) can provide satisfactory evidence that he is a postgraduate student enrolled at an

education institution as either a full time, part time or writing up student; and

(iii) Can demonstrate that his application is supported by the education institution; and

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(iv) has not come to the end of a period of government or international scholarship

agency sponsorship, or has the written consent of his official sponsor for a further

period of study in Jersey and satisfactory evidence that sufficient sponsorship

funding is available; and

(v) has not previously been granted 12 months leave to write up the same thesis.

Leave to enter to write up a thesis

69G. A person seeking leave to enter Jersey in order to write up a thesis may be admitted

for 12 months with a condition prohibiting employment, provided the Immigration Officer is

satisfied that each of the requirements of paragraph 69F is met.

Refusal of leave to enter to write up a thesis

69H. Leave to enter to write up a thesis is to be refused if the Immigration Officer is not

satisfied that each of the requirements of paragraph 69F is met.

Requirements for an extension of stay to write up a thesis

69I. The requirements for an extension of stay to write up a thesis are that the applicant:

(i) was admitted to Jersey with a valid student entry clearance if he was then a visa

national; and

(ii) meets the requirements set out in paragraph 69F (i)-(v); and

(iii) must not be in Jersey in breach of the immigration laws except that any period of

overstaying for a period of 28 days or less will be disregarded.

Extension of stay to write up a thesis

69J. An extension of stay to write up a thesis may be granted for 12 months subject to a

condition prohibiting employment, provided the Minister is satisfied that the applicant meets

each of the requirements of paragraph 69I.

Refusal of extension of stay to write up a thesis

69K. An extension of stay to write up a thesis is to be refused if the Minister is not satisfied

that each of the requirements of paragraph 69I is met.

SPOUSES, CIVIL PARTNERS OR UNMARRIED PARTNERS OF STUDENTS

Requirements for leave to enter or remain as the spouse, civil partner or

unmarried partner of a student

76. The requirements to be met by a person seeking leave to enter or remain as the

spouse, civil partner or unmarried partner of a student are that:

(i) the applicant is married to the civil partner or the unmarried partner of a person

admitted or allowed to remain in Jersey under paragraphs 57-69K; and

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(ii) each of the parties intends to live with the other as his spouse, civil partner or

unmarried partner during the applicant’s stay and the marriage or relationship is

subsisting; and

(iii) there will be adequate accommodation for the parties and any dependants without

recourse to public funds in accommodation which they own or occupy exclusively;

and

(iv) the parties will be able to maintain themselves and any dependants adequately

without recourse to public funds, and

(v) the applicant does not intend to engage in business or to take employment; and

(vi) the applicant intends to leave Jersey at the end of any period of leave granted to

him; and

(vii) if seeking leave to enter, the applicant holds a valid entry clearance for entry in this

capacity or, if seeking leave to remain, was admitted with a valid entry clearance for

entry in this capacity; and

(viii) the applicant must not be in Jersey in breach of immigration laws except that any

period of overstaying for a period of 28 days or less will be disregarded.

Leave to enter or remain as the spouse, civil partner or unmarried partner of

a student

77. A person seeking leave to enter or remain in Jersey as the spouse, civil partner or

unmarried partner of a student may be admitted or allowed to remain, subject to a condition

prohibiting employment, for a period not in excess of that granted to the student provided

the Immigration Officer or, in the case of an application for limited leave to remain, the

Minister, is satisfied that each of the requirements of paragraph 76 is met.

Refusal of leave to enter or remain as the spouse, civil partner or unmarried

partner of a student

78. Leave to enter or remain as the spouse, civil partner or unmarried partner of a

student is to be refused if the Immigration Officer or, in the case of an application for limited

leave to remain, the Minister, is not satisfied that each of the requirements of paragraph 76

is met.

CHILDREN OF STUDENTS

Requirements for leave to enter or remain as the child of a student

79. The requirements to be met by a person seeking leave to enter or remain in Jersey

as the child of a student are that he:

(i) is the child of a parent admitted to or allowed to remain in Jersey as a student under

paragraphs 57-69K; and

(ii) is under the age of 18 or has current leave to enter or remain in this capacity; and

(iii) is not married or in a civil partnership, has not formed an independent family unit

and is not leading an independent life; and

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(iv) can, and will, be maintained and accommodated adequately without recourse to

public funds, and

(v) does not intend to engage in business or to take employment; and

(vi) will not stay in Jersey beyond any period of leave granted to his parent, and

(vii) if seeking leave to enter, the applicant holds a valid entry clearance for entry in this

capacity or, if seeking leave to remain, was admitted with a valid entry clearance for

entry in this capacity; and

(viii) meets the requirements of paragraph 79A; and

(ix) must not be in Jersey in breach of immigration laws except that any period of

overstaying for a period of 28 days or less will be disregarded.

79A. Both of the applicant’s parents must either be lawfully present in Jersey or being

granted entry clearance or leave to remain at the same time as the applicant, unless:

(i) the student is the applicant’s sole surviving parent, or

(ii) the student parent has, and has had, sole responsibility for the applicant’s

upbringing, or

(iii) there are serious or compelling family or other considerations which would make it

desirable not to refuse the application and suitable arrangements have been made

in Jersey for the applicant’s care.

Leave to enter or remain as the child of a student

80. A person seeking leave to enter or remain in Jersey as the child of a student may

be admitted or allowed to remain, subject to a condition prohibiting employment, for a period

not in excess of that granted to the student provided the Immigration Officer or, in the case

of an application for limited leave to remain, the Minister, is satisfied that each of the

requirements of paragraph 79 is met.

Refusal of leave to enter or remain as the child of a student

81. Leave to enter or remain as the child of a student is to be refused in the Immigration

Officer or, in the case of an application for limited leave to remain, the Minister, is not

satisfied that each of the requirements of paragraph 79 is met.

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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

88. All persons seeking to enter or remain in Jersey as a Minister of Religion must meet

the requirements in relation to a Minister of Religion listed in Appendix T2 Minister of

Religion of the United Kingdom Immigration Rules.

89. All persons seeking to enter Jersey under the Youth Mobility Scheme must meet the

requirements in relation to an applicant for entry into the “Temporary Work or Youth Mobility

Scheme” listed in Appendix Youth Mobility Scheme of the United Kingdom Immigration

Rules.

PART 5: PERSONS SEEKING TO ENTER OR REMAIN IN JERSEY

FOR EMPLOYMENT

General requirements for indefinite leave to remain

128A. For the purposes of references in this Part to requirements for indefinite leave to

remain:

(a) “continuous period of 5 years in Jersey” means residence in Jersey for an unbroken

period with valid leave, and for these purposes a period shall not be considered to

have been broken where the applicant has been absent from Jersey for a period of

180 days or less in any five consecutive 12 calendar month periods preceding the

date of the application for indefinite leave to remain; and

(b) Except for periods when the applicant had leave as a writer, composer or artist or

on the grounds of his British ancestry:

(i) the applicant must have been employed in Jersey continuously throughout the

five years, under the terms of his work permit or in the employment for which he

was given leave to enter or remain; and

(ii) any absences from Jersey must have been for a purpose that is consistent with

the continuous permitted employment in (i), including paid annual leave or for

serious or compelling reasons.

WORK PERMIT EMPLOYMENT

Requirements for leave to enter Jersey for work permit employment

128. The requirements to be met by a person coming to Jersey to seek or take

employment (unless he is otherwise eligible for admission for employment under these

Rules is eligible for admission as a seaman under contract to join a ship due to leave Jersey

waters) are that he:

(i) holds a valid work permit issued under the Immigration (Work Permits) (Jersey)

Rules 1995; and

(ii) is capable of undertaking the employment specified in the work permit; and

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(iii) does not intend to take employment except as specified in his work permit; and

(iv) is able to maintain and accommodate himself and any dependants adequately

without recourse to public funds; and

(v) holds a valid entry clearance for entry in this capacity except where he holds a work

permit valid for 6 months or less or he is a British National (Overseas), a British

overseas territories citizen, a British Overseas citizen, a British protected person or

a person who under the British Nationality Act 1981 is a British subject.

Leave to enter for work permit employment

129. A person seeking leave to enter Jersey for the purpose of work permit employment

may be admitted for a period not exceeding the period of employment approved by the

Minister (as specified in his work permit), subject to a condition restricting him to that

approved employment, provided he is able to produce to the Immigration Officer, on arrival,

a valid entry clearance for entry in this capacity or, where entry clearance is not required,

provided the Immigration Officer is satisfied that each of the requirements of paragraph 128

(i)-(v) is met.

Refusal of leave to enter for employment

130. Leave to enter for the purpose of work permit employment is to be refused if a valid

entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival

or, where entry clearance is not required, if the Immigration Officer is not satisfied that each

of the requirements of paragraph 128 (i)-(v) is met.

Requirements for an extension of stay for work permit employment

131. The requirements for an extension of stay to take employment in accordance with a

work permit (unless the applicant is otherwise eligible for an extension of stay for

employment under these Rules) are that the applicant meets each of the requirements of

paragraph 128 (i)-(v); or

(i) entered Jersey or was given leave to enter or remain as a student in accordance

with paragraphs 57-62 and has obtained a degree qualification in Jersey or at a

recognised further or higher education institution in the United Kingdom; or

(ii) entered Jersey under the Youth Mobility Scheme in accordance with paragraph 89;

(iii) entered the Bailiwick of Guernsey as a work permit holder or the United Kingdom or

the Isle of Man as a Tier 1 migrant, Tier 2 migrant or Tier 5 (Temporary Worker)

migrant under the Points-Based System; and

(iv) is not in Jersey in breach of the Immigration laws except that any period of

overstaying for a period of 28 days or less will be disregarded.

Extension of stay for work permit employment

132. An extension of stay for work permit employment may be granted for a period not

exceeding the period of employment approved in accordance with work permit Rules

provided that each of the requirements of paragraph 131 is met. An extension of stay is to

be subject to a condition restricting the applicant to employment approved by the Minister

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Refusal of extension of stay for employment

133. An extension of stay for employment is to be refused if the Minister is not satisfied

that each of the requirements of paragraph 131 is met (unless the applicant is otherwise

eligible for an extension of stay for employment under these Rules).

Indefinite leave to remain for a work permit holder

134. Indefinite leave to remain may be granted, on application, to a person admitted as a

work permit holder provided:

(i) he has spent a continuous period of 5 years with valid leave in Jersey as a work

permit holder, other than where the work permit:

(a) enabled temporary employment of up to 1 year or an extension of such

employment (up to a maximum of 4 years); or

(b) was in respect of an Intra-Company Transferee whose leave as an Intra-

Company Transferee was granted on or after 1 January 2015 (provided that

such leave as an Intra- Company Transferee was not a continuation of leave

granted in Jersey before that date); and

(ii) he has spent no more than 180 days outside of Jersey in any of the five consecutive

12 calendar month periods preceding the date of the application for indefinite leave

to remain; and

(iii) he has met the requirements of paragraph 131 throughout the 5-year period; and

(iv) he is still required for the employment in question, as certified by his employer; and

(v) has demonstrated sufficient knowledge of the English language and sufficient

knowledge about life in the United Kingdom and Jersey, in accordance with

Appendix KoLL; and

(vi) does not fall for refusal under the general grounds for refusal; and

(vii) must not be in Jersey in breach of immigration laws except that any period of

overstaying for a period of 28 days or less will be disregarded.

134A. For the purposes of paragraph 134 (i) a continuous period of 5 years with valid leave,

of which the most recent must have been spent in Jersey as a work permit holder, includes

time spent with valid leave in any combination of the following categories

(i) in the Bailiwick of Guernsey as a work permit holder, except for a work permit issued

because the person was the subject of an Intra-Company Transfer,

(ii) in the United Kingdom as a Tier 1, Tier 2 (General) or Tier 2 (Sportsperson) Migrant

under the Points-Based System,

(iii) in the United Kingdom as a Tier 2 (Intra-Company Transfer) Migrant, under the

Points-Based System, granted before 1 January 2015,

(iv) in the Isle of Man as a Tier 1, Tier 2 (General) or Tier 2 (Sportsperson) Migrant under

the Points-Based System,

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(v) in the Isle of Man as a Tier 2 (Intra-Company Transfer) Migrant, under the Points-

Based System, granted before 1 January 2015.

Refusal of indefinite leave to remain for a work permit holder

135. Indefinite leave to remain in Jersey for a work permit holder is to be refused if the

Minister is not satisfied that each of the requirements of paragraph 134 is met.

DOMESTIC WORKERS IN PRIVATE HOUSEHOLDS

Requirements for leave to enter as a domestic worker in a private household

159A. The requirements to be met by a person seeking leave to enter Jersey as a domestic

worker in a private household are that the applicant:

(i) is aged 18-65 inclusive; and

(ii) has been employed as a domestic worker for one year or more immediately prior to

the application for entry clearance under the same roof as the employer or in a

household that the employer uses for himself on a regular basis and where evidence

is produced to demonstrate the connection between employer and employee in the

form of:

(a) a letter from the employer confirming that the domestic worker has been

employed by them in that capacity for the twelve months immediately prior to

the date of application; and

(b) one of the following documents covering the same period of employment as

that in (a):

(i) pay slips or bank statements showing payment of salary;

(ii) confirmation of tax paid;

(iii) confirmation of health insurance paid;

(iv) contract of employment;

(v) work visa, residence permit or equivalent passport endorsement for the

country in which the domestic worker has been employed by that

employer;

(vi) visas or equivalent passport endorsement to confirm that the domestic

worker has travelled with the employer; and

(iii) intends to work for the employer whilst the employer is in Jersey and intends to

travel in the company of either;

(a) a British employer, or that employer’s British spouse, civil partner or child,

where the employer’s usual place of residence is outside Jersey and where

the employer does not intend to remain in Jersey beyond 6 months; or

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(b) a British employer’s foreign national spouse, civil partner or child where the

employer does not intend to remain in Jersey beyond 6 months; or

where the employer is seeking or has been granted entry clearance or leave

to enter under Appendix V(J): Visitor, except where that leave is to undertake

activities listed in Appendix Visitor: Permitted Activities at PA(J) 17.1. to PA(J)

17.3.; and

(iv) intends to leave Jersey at the end of 6 months in Jersey or at the same time as the

employer, whichever is the earlier; and

(v) has agreed in writing terms and conditions of employment in Jersey with the

employer which is in compliance with the Employment (Jersey) Law 2003 and any

Regulations and Orders made under it, and provides this with the entry clearance

application; and

(vi) will not take employment other than within the terms of this paragraph to work full

time as a domestic worker for the employer in a household that the employer intends

to live in; and

(vii) can maintain and accommodate him or herself adequately without recourse to public

funds; and

(viii) holds a valid entry clearance for entry in this capacity.

Leave to enter as a domestic worker in a private household

159B. A person seeking leave to enter Jersey as a domestic worker in a private household

may be given leave to enter for that purpose for a period not exceeding 6 months provided

he is able to produce to the Immigration Officer, on arrival, a valid entry clearance for entry

in this capacity.

Refusal of leave to enter as a domestic worker in a private household

159C. Leave to enter as a domestic worker in a private household is to be refused

if a valid entry clearance for entry in this capacity is not produced to the Immigration

Officer on arrival.

Requirements for extension to stay as a domestic worker in a private

household

159D. The requirements for an extension of stay as a domestic worker in a private

household are that the applicant:

(i) entered Jersey with a valid entry clearance as a domestic worker in a private

household; and

(ii) was granted less than 6 months leave to enter in this capacity; and

(iii) has continued to be employed for the duration of leave granted as a domestic worker

in the private household of the employer with whom the applicant entered or joined

in Jersey; and

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(iv) continues to be required for employment for the period of the extension sought as a

domestic worker in a private household that the employer lives in; and

(v) does not intend to take employment except as a domestic worker in a private

household of the employer; and

(vi) meets the requirements of paragraph 159A (iv) and (vii); and

(vii) must not be in Jersey in breach of immigration laws except that any period of

overstaying for a period of 28 days or less will be disregarded.

Extension of stay as a domestic worker in a private household

159E. An extension of stay as a domestic worker in a private household may be granted

for a period of 6 months less the period already spent in Jersey in this capacity.

Requirements for extension of stay as a domestic worker in a private

household for applicants who entered Jersey under the Rules in place before

6 April 2012

159EA. The requirements for an extension of stay as a domestic worker in a private

household for applicants who entered Jersey under the Rules in place before 6 April 2012

are that the applicant:

(i) last entered Jersey with a valid entry clearance as a domestic worker in a private

household under the Rules in place before 6 April 2012; and

(ii) has continued to be employed for the duration of leave granted as a domestic worker

in a private household; and

(iii) continues to be required for employment for the period of the extension sought as a

domestic worker in a private household under the same roof as the employer or in

the same household that the employer has lived in and where there is evidence that

there is a connection between the employer and employee; and

(iv) does not intend to take employment except as a full-time domestic worker in a

private household referred to in sub-paragraph (iii), and

(v) meets the requirements of paragraph 159A (i) and (vii); and

(vi) must not be in Jersey in breach of immigration laws except that any period of

overstaying for a period of 28 days or less will be disregarded.

Extension of stay as a domestic worker in a private household for applicants

who entered Jersey under the Rules in place before 6 April 2012

159EB (i) An extension of stay as a domestic worker in a private household may be

granted for a period not exceeding 12 months at a time provided the Minister is

satisfied that each of the requirements of paragraph 159EA is met.

(ii) Except, where the application is decided before the current leave expires, the

extension of stay granted may be for a period not exceeding 12 months plus the

time remaining before the expiry of the current leave (so if the application is

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decided on March 31

and the current leave does not expire until April 30

, an

additional period of one month’s leave may be granted).

Refusal of extension of stay as a domestic worker in a private household

159F. An extension of stay as a domestic worker may be refused if the Minister is not

satisfied that each of the requirements of either paragraph 159D or, where applicable,

paragraph 159EA, is met.

Indefinite leave to remain for a domestic worker in a private household

159G. The requirements for indefinite leave to remain as a domestic worker in a private

household are that the applicant:

(i) entered Jersey with a valid entry clearance as a domestic worker in a private

household under the Rules in place before 6 April 2012; and

(ii) has spent a continuous period of 5 years in Jersey employed in this capacity; and

(iii) has met the requirements of paragraph 159A (vi) and (vii) throughout the 5-year

period; and

(iv) continues to be required for employment as a domestic worker in a private

household as certified by the current employer; and

(v) has demonstrated sufficient knowledge of the English language and sufficient

knowledge about life in the United Kingdom and Jersey, in accordance with

Appendix KoLL; and

(vi) does not fall for refusal under the general grounds for refusal; and

(vii) must not be in Jersey in breach of immigration laws except that any period of

overstaying for a period of 28 days or less will be disregarded.

Refusal of indefinite leave to remain for a domestic worker in a private

household

159H. Indefinite leave to remain in Jersey for a domestic worker in a private household is

to be refused if the Minister is not satisfied that each of the requirements of paragraph 159G

is met.

PERSONS WITH BRITISH ANCESTRY

Requirements for leave to enter on the grounds of British ancestry

186. The requirements to be met by a person seeking leave to enter Jersey on the

grounds of his British ancestry are that he:

(i) is a Commonwealth citizen; and

(ii) is aged 17 or over; and

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(iii) is able to provide proof that one of his grandparents was born in Jersey or elsewhere

in the United Kingdom and Islands and that any such grandparent is the applicant’s

blood grandparent or grandparent by reason of an adoption recognised by the laws

of Jersey, or of a territory elsewhere in the United Kingdom and Islands, relating to

adoption; and

(iv) is able to work and intends to take or seek employment in Jersey; and

(v) will be able to maintain and accommodate himself and any dependants adequately

without recourse to public funds: and

(vi) holds a valid entry clearance for entry in this capacity.

Leave to enter Jersey on the grounds of British ancestry

187. A person seeking leave to enter Jersey on the grounds of his British ancestry may

be given leave to enter for a period not exceeding 5 years provided he is able to produce to

the Immigration Officer, on arrival, a valid entry clearance for entry in this capacity.

Refusal of leave to enter on the grounds of British ancestry

188. Leave to enter Jersey on the grounds of British ancestry is to be refused if a valid

entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.

Requirements for an extension of stay on the grounds of British ancestry

189. The requirements to be met by a person seeking an extension of stay on the grounds

of British ancestry are that:

(i) he is able to meet each of the requirements of paragraph 186 (i)-(v); and

(ii) he was admitted to Jersey on the grounds of British ancestry in accordance with

paragraphs 186-188 or has been granted an extension of stay in this capacity; and

(iii) he is not in Jersey in breach of immigration laws except that any period of

overstaying for a period of 28 days or less will be disregarded.

Extension of stay on the grounds of British ancestry

190. An extension of stay on the grounds of British ancestry may be granted for a period

not exceeding 5 years provided the Minister is satisfied that each of the requirements of

paragraph 189 is met.

Refusal of extension of stay on the grounds of British ancestry

191. An extension of stay on the grounds of British ancestry is to be refused if the Minister

is not satisfied that each of the requirements of paragraph 189 is met.

Indefinite leave to remain on the grounds of British ancestry

192. Indefinite leave to remain may be granted, on application, to a Commonwealth

citizen with a grandparent born in Jersey or elsewhere in the United Kingdom and Islands

provided.

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(i) he meets the requirements of paragraph 186 (i)-(v); and

(ii) he has spent a continuous period of 5 years in Jersey in this capacity; and

(iii) has demonstrated sufficient knowledge of the English language and sufficient

knowledge about life in the United Kingdom and Jersey, in accordance with

Appendix KoLL; and

(iv) does not fall for refusal under the general grounds for refusal; and

(v) he is not in Jersey in breach of immigration laws except that any period of

overstaying for a period of 28 days or less will be disregarded.

Refusal of indefinite leave to remain on the grounds of British ancestry

193. Indefinite leave to remain in Jersey on the grounds of British ancestry is to be refused

if the Minister is not satisfied that each of the requirements of paragraph 192 is met.

SPOUSES OR CIVIL PARTNERS OF PERSONS WHO HAVE OR HAVE HAD

LEAVE TO ENTER OR REMAIN UNDER PARAGRAPHS 128-193

Requirements for leave to enter as the spouse or civil partner of a person with

limited leave to enter or remain in Jersey under paragraphs 128-193

193A. Nothing in paragraphs 194-196F is to be construed as allowing a person to be

granted entry clearance, leave to enter, leave to remain or variation of leave as a spouse

or civil partner of a person granted entry clearance or leave to enter under paragraph 159A

where that entry clearance or leave to enter was granted under 159A on or after 6 April

2012.

Requirements for leave to enter as the spouse or civil partner with limited

leave to enter or remain in Jersey under paragraphs 128-193

194. The requirements to be met by a person seeking leave to enter Jersey as the spouse

or civil partner of a person with limited leave to enter or remain in Jersey under paragraphs

128-193 are that:

(i) the applicant is married to or the civil partner of a person with limited leave to enter

or remain in Jersey under paragraphs 128-193 for longer than 12 months; and

(ii) each of the parties intends to live with the other as his or her spouse or civil partner

during the applicant’s stay and the marriage is subsisting; and

(iii) there will be adequate accommodation for the parties and any dependants without

recourse to public funds in accommodation which they own or occupy exclusively;

and

(iv) the parties will be able to maintain themselves and any dependants adequately

without recourse to public funds; and

(v) the applicant does not intend to stay in Jersey beyond any period of leave granted

to his spouse or civil partner; and

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(vi) the applicant holds a valid entry clearance for entry in this capacity.

Leave to enter as the spouse or civil partner of a person with limited leave to

enter or remain in Jersey under paragraphs 128-193

195. A person seeking leave to enter Jersey as the spouse or civil partner of a person

with limited leave to enter or remain in Jersey under paragraphs 128-193 may be given

leave to enter for a period not in excess of that granted to the person with limited leave to

enter or remain under paragraphs 128-193 provided the Immigration Officer is satisfied that

each of the requirements of paragraph 194 is met.

Refusal of leave to enter as the spouse or civil partner of a person with limited

leave to enter or remain in Jersey under paragraphs 128-193

196. Leave to enter Jersey as the spouse or civil partner of a person with limited leave to

enter or remain in Jersey under paragraph 128-193 is to be refused if the Immigration Officer

is not satisfied that each of the requirements of paragraph 194 is met.

Requirements for extension of stay as the spouse or civil partner of a person

who has or has had leave to enter or remain in Jersey under paragraphs 128-

193

196A. The requirements to be met by a person seeking an extension of stay in Jersey as

the spouse or civil partner of a person who has or has had leave to enter or remain in Jersey

under paragraphs 128-193 are that the applicant:

(i) is married to or the civil partner of a person with limited leave to enter or remain in

Jersey under paragraphs 128-193; or

(ii) is married to or the civil partner of a person who has limited leave to enter or remain

in Jersey under paragraphs 128-193 and who is being granted indefinite leave to

remain at the same time; or

(iii) is married to or the civil partner of a person who has indefinite leave to remain in

Jersey and who had limited leave to enter or remain in Jersey under paragraphs

128-193 immediately before being granted indefinite leave to remain; and

(iv) meets the requirements of paragraph 194 (ii)-(v); and

(v) was admitted with a valid entry clearance for entry in this capacity; and

(vi) must not be in Jersey in breach of immigration laws except that any period of

overstaying for a period of 28 days or less will be disregarded.

Extension of stay as the spouse or civil partner of a person who has or has

had leave to enter or remain in Jersey under paragraphs 128-193

196B. An extension of stay in Jersey as:

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(i) the spouse or civil partner of a person who has limited leave to enter or remain under

paragraphs 128-193 may be granted for a period not in excess of that granted to the

person with limited leave to enter or remain; or

(ii) the spouse or civil partner of a person who is being admitted at the same time for

settlement, or the spouse or civil partner of a person who has indefinite leave to

remain or has become a British citizen, may be granted for a period not exceeding

2 years,

in both instances, provided the Minister is satisfied that each of the requirements of

paragraph 196A is met.

Refusal of extension of stay as the spouse or civil partner of a person who

has or has had leave to enter or remain in Jersey under paragraphs 128-193

196C. An extension of stay in Jersey as the spouse or civil partner of a person who has or

has had leave to enter or remain in Jersey under paragraphs 128-193 is to be refused if the

Minister is not satisfied that each of the requirements of paragraph 196A is met.

Requirements for indefinite leave to remain for the spouse or civil partner of

a person who has or has had leave to enter or remain in Jersey under

paragraphs 128-193

196D. The requirements to be met by a person seeking indefinite leave to remain in Jersey

as the spouse or civil partner of a person who has or has had leave to enter or remain in

Jersey under paragraphs 128-193 are that the applicant:

(i) is married to or the civil partner of a person who has limited leave to enter or remain

in Jersey under paragraphs 128-193 and who is being granted indefinite leave to

remain at the same time; or

(ii) is married to or the civil partner of a person who has indefinite leave to remain in

Jersey and who had limited leave to enter or remain in Jersey under paragraphs

128-193 immediately before being granted indefinite leave to remain; and

(iii) meets the requirements of paragraph 194 (ii)-(v); and

(iv) has demonstrated sufficient knowledge of the English language and sufficient

knowledge about life in the United Kingdom and Jersey, in accordance with

Appendix KoLL; and

(v) was admitted with a valid entry clearance for entry in this capacity; and

(vi) he does not fall for refusal under the general grounds for refusal; and

(vii) must not be in Jersey in breach of immigration laws except that any period of

overstaying for a period of 28 days or less will be disregarded.

Indefinite leave to remain as the spouse or civil partner of a person who has

or has had leave to enter or remain in Jersey under paragraphs 128-193

196E. Indefinite leave to remain in Jersey for the spouse or civil partner of a person who

has or has had limited leave to enter or remain in Jersey under paragraphs 128-193 may

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be granted provided Jersey is satisfied that each of the requirements of paragraph 196D is

met.

Refusal of indefinite leave to remain as the spouse or civil partner of a person

who has or has had leave to enter or remain in Jersey under paragraphs 128-

193

196F. Indefinite leave to remain in Jersey for the spouse or civil partner of a person who

has or has had limited leave to enter or remain in Jersey under paragraphs 128-193 is to

be refused if the Minister is not satisfied that each of the requirements of paragraph 196D

is met.

CHILDREN OF PERSONS WITH LIMITED LEAVE TO ENTER OR REMAIN IN

JERSEY UNDER PARAGRAPHS 128-193

Requirements for leave to enter or remain as the child of a person with limited

leave to enter or remain in Jersey under paragraphs 128-193

196G. Nothing in paragraphs 197-199 is to be construed as allowing a person to be granted

entry clearance, leave to enter, leave to remain or variation of leave as the child of a person

granted entry clearance or leave to enter under paragraph 159A where that entry clearance

or leave to enter was granted under 159A on or after 6 April 2012.

Requirements for leave to enter or remain as the child of a person with limited

leave to enter or remain in Jersey under paragraphs 128-193

197. The requirements to be met by a person seeking leave to enter or remain in Jersey

as a child of a person with limited leave to enter or remain in Jersey under paragraphs 128-

193 are that:

(i) he is the child of a parent with limited leave to enter or remain in Jersey under

paragraphs 128-193 for longer than 12 months; and

(ii) he is under the age of 18 or has current leave to enter or remain in this capacity;

and

(iii) he is unmarried, has not formed an independent family unit and is not leading an

independent life; and

(iv) he can and will be maintained and accommodated adequately without recourse to

public funds in accommodation which his parent(s) own or occupy exclusively; and

(v) he will not stay in Jersey beyond any period of leave granted to his parent(s); and

(vi) both parents are being or have been admitted to or allowed to remain in Jersey save

where:

(a) the parent he is accompanying or joining is his sole surviving parent; or

(b) the parent he is accompanying or joining has had sole responsibility for his

upbringing; or

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exclusion from Jersey undesirable and suitable arrangements have been

made for his care;

and

(vii) if seeking leave to enter, he holds a valid entry clearance for entry in this capacity

or, if seeking leave to remain, was admitted with a valid entry clearance for entry in

this capacity; or

(viii) if seeking leave to remain; must not be in Jersey in breach of immigration laws

except that any period of overstaying for a period of 28 days or less will be

disregarded.

Leave to enter or remain as the child of a person with limited leave to enter or

remain in Jersey under paragraphs 128-193

198. An application for indefinite leave to remain in this category may be granted provided

the applicant was admitted with a valid entry clearance for entry in this capacity and is able

to satisfy the Minister that each of the requirements of paragraph 197 (i)-(vi) and (viii) is

met and provided indefinite leave to remain is, at the same time, being granted to the person

with limited leave to enter or remain under paragraphs 128-193.

Refusal of leave to enter or remain as the child of a person with limited leave

to enter or remain in Jersey under paragraphs 128-193

199. Leave to enter or remain in Jersey as the child of a person with limited leave to enter

or remain in Jersey under paragraphs 128-193 is to be refused if, in relation to an application

for leave to enter; a valid entry clearance for entry in this capacity is not produced to the

Immigration Officer on arrival or, in the case of an application for limited leave to remain, if

the applicant was not admitted with a valid entry clearance for entry in this capacity or is

unable to satisfy the Minister that each of the requirements of paragraph 197 (i)-(vi) and

(viii) is met. An application for indefinite leave to remain in this category is to be refused if

the applicant was not admitted with a valid entry clearance for entry in this capacity or is

unable to satisfy the Minister that each of the requirements of paragraph 197 (i)-(vi) and

(viii) is met or if indefinite leave to remain is not, at the same time, being granted to the

person with limited leave to enter or remain under paragraphs 128-193.

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PART 6: PERSONS SEEKING TO ENTER OR REMAIN IN JERSEY

AS A BUSINESSMAN, INVESTOR, WRITER, COMPOSER OR

ARTIST

General requirements for indefinite leave to remain

200A. For the purposes of references in this Part to requirements for indefinite leave to

remain “continuous period of 5 years in Jersey” means residence in Jersey for an unbroken

period with valid leave, and for these purposes a period shall not be considered to have

been broken where:

(a) the applicant has been absent from Jersey for a period of 180 days or less in any of

the five consecutive 12 calendar month periods preceding the date of the application

for indefinite leave to remain; and

(b) any absences from Jersey during the five years must have been –

(i) for a purpose that is consistent with the applicant’s basis of stay in

Jersey, including paid annual leave; or

(ii) for serious or compelling reasons.

PERSONS INTENDING TO ESTABLISH THEMSELVES IN BUSINESS

Requirements for leave to enter Jersey as a person intending to establish

himself in business

200. For the purpose of paragraphs 201-210 business means an enterprise as:

- a sole trader; or

- a partnership; or

- a company or limited partnership or other body corporate or unincorporate

registered or established in Jersey.

201. The requirements to be met by a person seeking leave to enter Jersey to establish

himself in business, either by taking over or joining as a partner or director of an existing

business, or to establish a new business are:

(i) that he has the necessary Ministerial approval; and

(ii) that he or the existing business has obtained any licence required under the Control

of Housing and Work (Jersey) Law 2012; and

(iii) that he holds a valid entry clearance in this capacity.

Leave to enter Jersey as a person seeking to establish himself in business

204. A person seeking leave to enter Jersey to establish himself in business may be

admitted for a period not exceeding 2 years with a condition restricting his freedom to take

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employment provided he is able to produce to the Immigration Officer, on arrival, a valid

entry clearance for entry in this capacity.

Refusal of leave to enter Jersey as a person seeking to establish himself in

business

205. Leave to enter Jersey as a person seeking to establish himself in business is to be

refused if a valid entry clearance for entry in this capacity is not produced to the Immigration

Officer on arrival.

Requirements for an extension of stay in order to remain in business

206. The requirements for an extension of stay in order to remain in business in Jersey

are that the applicant can show:

(i) that he entered Jersey with a valid entry clearance as a businessman; and

(ii) that he met the requirements of paragraph 201 (i) and (ii).

Extension of stay in order to remain in business

207. An extension of stay in order to remain in business with a condition restricting his

freedom to take employment may be granted for a period not exceeding 3 years at a time

provided the Minister is satisfied that each of the requirements of paragraph 206 is met.

Refusal of extension of stay in order to remain in business

208. An extension of stay in order to remain in business is to be refused if the Minister is

not satisfied that each of the requirements of paragraph 206 is met.

Indefinite leave to remain for a person established in business

209. Indefinite leave to remain may be granted, on application, to a person established in

business provided he:

(i) has spent a continuous period of 5 years in Jersey in this capacity and is still

engaged in the business in question; and

(ii) has met the requirements of paragraph 206 throughout the 5-year period; and

(iii) submits audited accounts for the first 4 years of trading and management accounts

for the 5

year; and

(iv) has demonstrated sufficient knowledge of the English language and sufficient

knowledge about life in the United Kingdom and Jersey, in accordance with

Appendix KoLL; and

(v) does not fall for refusal under the general grounds for refusal; and

(vi) must not be in Jersey in breach of Immigration laws except that any period of

overstaying for a period of 28 days or less will be disregarded.

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Refusal of indefinite leave to remain for a person established in business

210. Indefinite leave to remain in Jersey for a person established in business is to be

refused if the Minister is not satisfied that each of the requirements of paragraph 209 is met.

INVESTORS

Requirements for leave to enter Jersey as an investor

224. The requirements to be met by a person seeking leave to enter Jersey as an investor

are that he:

(i) is at least 18 years of age; and

(ii) has money of his own wholly under his control and disposable in Jersey amounting

to no less than £2 million which he has undertaken to invest on terms which the

relevant Minister has determined to be of benefit to Jersey; and

(iii) intends to make Jersey his main home; and

(iv) is able to maintain and accommodate himself and any dependants without recourse

to public funds; and

(v) does not fall for refusal under the general grounds for refusal; and

(vi) holds a valid entry clearance for entry in this capacity.

224A This route is now closed to new applicants. Individuals who have entry clearance,

leave to enter or remain as an investor which pre-dates 12 April 2022 may apply under

these Rules to extend their stay or for indefinite leave to remain.

Leave to enter as an investor

225. A person seeking leave to enter Jersey as an investor may be admitted for a period

not exceeding 3 years and 4 months, provided he is able to produce to the Immigration

Officer, on arrival, a valid entry clearance for entry in this capacity.

Refusal of leave to enter as an investor

226. Leave to enter as an investor is to be refused if a valid entry clearance for entry in

this capacity is not produced to the Immigration Officer on arrival.

Requirements for an extension of stay as an investor

227. The requirements for an extension of stay as an investor are that the applicant:

(i) entered Jersey with a valid entry clearance as an investor; and

(ii) has no less than £2 million of his own money wholly under his control and disposable

in Jersey which he has invested in Jersey as set out in paragraph 224 (ii) and

intends to maintain that investment on those terms; and

(iii) has made Jersey his main home; and

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(iv) is able to maintain and accommodate himself and any dependants without recourse

to public funds.

(v) is not in Jersey in breach of immigration laws except that any period of overstaying

for 28 days or less will be disregarded.

Extension of stay as an investor

228. An extension of stay as an investor may be granted for a period not exceeding 2

years at a time, provided the Minister is satisfied that each of the requirements of paragraph

227 is met.

Refusal of extension of stay as an investor

229. An extension of stay as an investor is to be refused if the Minister is not satisfied

that each of the requirements of paragraph 227 is met.

Indefinite leave to remain for an investor

230. Indefinite leave to remain may be granted, on application, to a person admitted as

an investor provided he:

(i) has spent a continuous period of 5 years in Jersey in this capacity; and

(ii) has met all of the requirements of paragraph 227 throughout the 5-year period and

continues to do so; and

(iii) has demonstrated sufficient knowledge of the English language and sufficient

knowledge about life in the United Kingdom and Jersey, in accordance with

Appendix KoLL; and

(iv) does not fall for refusal under the general grounds for refusal; and

(v) is not in Jersey in breach of immigration laws except that any period of overstaying

for 28 days or less will be disregarded.

Refusal of indefinite leave to remain for an investor

231. Indefinite leave to remain in Jersey for an investor is to be refused if the Minister is

not satisfied that each of the requirements of paragraph 230 is met.

WRITERS, COMPOSERS AND ARTISTS

Requirements for leave to enter Jersey as a writer, composer or artist

232. The requirements to be met by a person seeking leave to enter Jersey as a writer,

composer or artist are that he:

(i) has established himself outside Jersey as a writer, composer or artist primarily

engaged in producing original work which has been published (other than

exclusively in newspapers or magazines), performed or exhibited for its literary,

musical or artistic merit; and

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(ii) does not intend to work except as related to his self-employment as a writer,

composer or artist; and

(iii) has for the preceding year been able to maintain and accommodate himself and any

dependants from his own resources without working except as a writer, composer

or artist; and

(iv) will be able to maintain himself and any dependants from his own resources without

working except as a writer, composer or artist and without recourse to public funds;

and

(v) is able to accommodate himself and any dependants without recourse to public

funds and with any necessary Ministerial consent; and

(vi) holds a valid entry clearance for entry in this capacity.

Leave to enter as a writer, composer or artist

233. A person seeking leave to enter Jersey as a writer, composer or artist may be

admitted for a period not exceeding 2 years, subject to a condition restricting his freedom

to take employment, provided he is able to produce to the Immigration Officer, on arrival, a

valid entry clearance for entry in this capacity.

Refusal of leave to enter as a writer, composer or artist

234. Leave to enter as a writer, composer or artist is to be refused if a valid entry

clearance for entry in this capacity is not produced to the Immigration Officer on arrival.

Requirements for an extension of stay as a writer, composer or artist

235. The requirements for an extension of stay as a writer, composer or artist are that the

applicant:

(i) entered Jersey with a valid entry clearance as a writer, composer or artist and;

(ii) meets the requirements of paragraph 232 (ii)-(v).

Extension of stay as a writer, composer or artist

236. Extension of stay as a writer, composer or artist may be granted for a period not

exceeding 3 years with a restriction on his freedom to take employment, provided the

Minister is satisfied that each of the requirements of paragraph 235 is met.

Refusal of extension of stay as a writer, composer or artist

237. An extension of stay as a writer, composer or artist is to be refused if the Minister is

not satisfied that each of the requirements of paragraph 235 is met.

Indefinite leave to remain for a writer, composer or artist

238. Indefinite leave to remain may be granted, on application, to a person admitted as a

writer, composer or artist provided he:

(i) has spent a continuous period of 5 years in Jersey in this capacity; and

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(ii) has met the requirements of paragraph 235 throughout the 5-year period; and

(iii) has demonstrated sufficient knowledge of the English language and sufficient

knowledge about life in the United Kingdom and Jersey, in accordance with

Appendix KoLL; and

(iv) he does not fall for refusal under the general grounds for refusal; and

(v) must not be in Jersey in breach of immigration laws except that any period of

overstaying of 28 days or less will be disregarded.

Refusal of indefinite leave to remain for a writer, composer or artist

239. Indefinite leave to remain for a writer, composer or artist is to be refused if the

Minister is not satisfied that each of the requirements of paragraph 238 is met.

SPOUSES OR CIVIL PARTNERS OF PERSONS WHO HAVE OR HAVE HAD

LIMITED LEAVE TO ENTER OR REMAIN UNDER PARAGRAPH 200-239

Requirements for leave to enter as the spouse or civil partner of a person with

limited leave to enter or remain under paragraphs 200-239

240. The requirements to be met by a person seeking leave to enter Jersey as the spouse

or civil partner of a person with limited leave to enter or remain in Jersey under paragraphs

200-239 are that:

(i) the applicant is married to or the civil partner of a person with limited leave to enter

or remain in Jersey under paragraphs 200-239; and

(ii) each of the parties intends to live with the other as his or her spouse or civil partner

during the applicant’s stay and the marriage or civil partnership is subsisting; and

(iii) there will be adequate accommodation for the parties and any dependants

adequately without recourse to public funds; and

(iv) the parties will be able to maintain themselves and any dependants adequately

without recourse to public funds; and

(v) the applicant does not intend to stay in Jersey beyond any period of leave granted

to his spouse, and

(vi) the applicant holds a valid entry clearance for entry in this capacity.

Leave to enter as the spouse or civil partner of a person with limited leave to

enter or remain in Jersey under paragraphs 200-239

241. A person seeking limited leave to enter Jersey as the spouse or civil partner of a

person with limited leave to enter or remain in Jersey under paragraphs 200-239 may be

given leave to enter for a period not in excess of that granted to the person with limited

leave to enter or remain under paragraphs 200-239 provided the Immigration Officer is

satisfied that each of the requirements of paragraph 240 is met.

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Refusal of leave to enter as the spouse or civil partner of a person with limited

leave to enter or remain in Jersey under paragraphs 200-239

242. Leave to enter Jersey as the spouse or civil partner of a person with limited leave to

enter or remain in Jersey under paragraphs 200-239 is to be refused if the Immigration

Officer is not satisfied that each of the requirements of paragraph 196 is met.

Requirements for extension of stay as the spouse or civil partner of a person

who has or has had leave to enter or remain in Jersey under paragraphs 200-

239

242A. The requirements to be met by a person seeking an extension of stay in Jersey as

the spouse or civil partner who has or has had leave to enter or remain under paragraphs

200-239 are that the applicant:

(i) is married to or the civil partner of a person with limited leave to enter or remain in

Jersey under paragraphs 200-239; or

(ii) is married to or the civil partner of a person who has limited leave to enter or remain

in Jersey under paragraphs 200-239 and who is being granted indefinite leave to

remain at the same time; or

(iii) is married to or the civil partner of a person who has indefinite leave to remain in

Jersey and who had limited leave to enter or remain in Jersey under paragraphs

200-239 immediately before being granted indefinite leave to remain; and

(iv) meets the requirements of paragraph 240 (ii)-(v); and

(v) was admitted with a valid entry clearance for entry in this capacity; and

(vi) must not be in Jersey in breach of immigration laws except that any period of

overstaying for a period of 28 days or less will be disregarded.

Extension of stay as the spouse or civil partner of a person who has or has

had leave to enter or remain in Jersey under paragraphs 200-239

242B. An extension of stay in Jersey as:

(i) the spouse or civil partner of a person who has limited leave to enter or remain under

paragraphs 200-239 may be granted for a period not in excess of that granted to the

person with limited leave to enter or remain; or

(ii) the spouse or civil partner of a person who is being admitted at the same time for

settlement or the spouse or civil partner of a person who has indefinite leave to

remain may be granted for a period not exceeding 2 years, in both instances,

provided the Minister is satisfied that each of the requirements of paragraph 242A

is met.

Refusal of extension of stay as the spouse or civil partner of a person who

has or has had leave to enter or remain in Jersey under paragraphs 200-239

242C. An extension of stay in Jersey as the spouse or civil partner of a person who has or

has had leave to enter or remain under paragraphs 200-239 is to be refused if the Minister

is not satisfied that each of the requirements of paragraph 242A is met.

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Requirements for indefinite leave to remain as the spouse or civil partner of a

person who has or has had leave to enter or remain in Jersey under

paragraphs 200-239

242D. The requirements to be met by a person seeking indefinite leave to remain in Jersey

as the spouse or civil partner of a person who has or had had leave to enter or remain in

Jersey under paragraphs 200-239 are that the applicant:

(i) is married to or the civil partner of a person who has limited leave to enter or remain

in Jersey under paragraphs 200-239 and who is being granted indefinite leave to

remain at the same time; or

(ii) is married to or the civil partner of a person who has indefinite leave to remain in

Jersey and who had limited leave to enter or remain under paragraphs 200-239

immediately before being granted indefinite leave to remain; and

(iii) meets the requirements of paragraph 240 (ii)-(v); and

(iv) has demonstrated sufficient knowledge of the English language and sufficient

knowledge about life in the United Kingdom and Jersey, in accordance with

Appendix KoLL; and

(v) was admitted with a valid entry clearance for entry in this capacity; and

(vi) he does not fall for refusal under the general grounds for refusal; and

(vii) must not be in Jersey in breach of immigration laws except that any period of

overstaying for a period of 28 days or less will be disregarded.

Indefinite leave to remain as the spouse or civil partner of a person who has

or has had leave to enter or remain in Jersey under paragraphs 200-239

242E. Indefinite leave to remain in Jersey as the spouse or civil partner of a person who

has or has had limited leave to enter or remain in Jersey under paragraphs 200-239 may

be granted provided the Minister is satisfied that each of the requirements of paragraph

242D is met.

CHILDREN OF PERSONS WITH LIMITED LEAVE TO ENTER OR REMAIN

UNDER PARAGRAPHS 200-239

Requirements for leave to enter or remain as a child of a person with limited

leave to enter or remain in Jersey under paragraphs 200-239

243. The requirements to be met by a person seeking leave to enter or remain in Jersey

as a child of a person with limited leave to enter or remain in Jersey under paragraphs 200-

239 are that:

(i) he is the child of a parent who has leave to enter or remain in Jersey under

paragraphs 200-239; and

(ii) he is under the age of 18 or has current leave to enter or remain in this capacity;

and

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(iii) he is unmarried, has not formed an independent family unit and is not leading an

independent life; and

(iv) he can and will be maintained and accommodated adequately without recourse to

public funds in accommodation which his parent(s) own or occupy exclusively; and

(v) he will not stay in Jersey beyond any period of leave granted to his parent(s); and

(vi) both parents are being or have been admitted to or allowed to remain in Jersey save

where:

(a) the parent he is accompanying or joining is his sole surviving parent; or

(b) the parent he is accompanying or joining has had sole responsibility for his

upbringing; or

exclusion from Jersey undesirable and suitable arrangements have been

made for his care; and

(d) if seeking leave to enter, he holds a valid entry clearance for entry in this

capacity or, if seeking leave to remain, was admitted with a valid entry

clearance for entry in this capacity; and

(vii) if seeking leave to remain, must not be in Jersey in breach of immigration laws

except that any period of overstaying for a period of 28 days or less will be

disregarded.

Leave to enter or remain as the child of a person with limited leave to enter or

remain in Jersey under paragraphs 200-239

244. A person seeking leave to enter or remain in Jersey as the child of a person with

limited leave to enter or remain in Jersey under paragraphs 200-239 may be admitted to or

allowed to remain in Jersey for the same period of leave as that granted to the person given

limited leave to enter or remain under paragraphs 200-239 provided that, in relation to an

application for leave to enter, he is able to produce to the Immigration Officer, on arrival, a

valid entry clearance for entry in this capacity or, in the case of an application for limited

leave to remain, he was admitted with a valid entry clearance for entry in this capacity and

is able to satisfy the Minister the each of the requirements of paragraph 243 (i)-(vii) is met.

An application for indefinite leave to remain in this category may be granted provided the

applicant was admitted with a valid entry clearance for entry in this capacity and is able to

satisfy the Minister that each of the requirements of paragraph 243 (i)-(vii) is met is met

and provided indefinite leave to remain is, at the same time, being granted to the person

with limited leave to remain under paragraphs 200-239.

Refusal of leave to enter or remain as the child of a person with limited leave

to enter or remain in Jersey under paragraphs 200-239

245. Leave to enter or remain in Jersey as the child of a person with limited leave to enter

or remain in Jersey under paragraphs 200-239 is to be refused if, in relation to an application

for leave to enter, a valid entry clearance in this capacity is not produced to the Immigration

Officer on arrival or, in the case of an application for limited leave to remain, if the applicant

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was not admitted with a valid entry clearance for entry in this capacity or is unable to satisfy

the Minister that each of the requirements of paragraph 243 (i)-(vii) is met is met.

An application for indefinite leave to remain in this capacity is to be refused if the applicant

was not admitted with a valid entry clearance for entry in this capacity or is unable to satisfy

the Minister that each of the requirements of paragraph 243 (i)-(vii) is met is met or if

indefinite leave to remain is not, at the same time, being granted to the person with limited

leave to remain under paragraphs 200-239.

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PART 7: OTHER CATEGORIES

PERSONS EXERCISING RIGHTS OF ACCESS TO A CHILD RESIDENT IN JERSEY

Requirements for leave to enter Jersey as a person exercising rights of access

to a child resident in Jersey

246. The requirements to be met by a person seeking leave to enter Jersey to exercise

access rights to a child resident in Jersey are that:

(i) the applicant is the parent of a child who is resident in Jersey; and

(ii) the applicant must not be eligible to apply for entry clearance as a spouse, civil

partner, fiancé(e) or proposed civil partner or unmarried partner under Part 8 or

Appendix FM (J); and

(iii) the parent or carer with whom the child permanently resides is resident in Jersey;

and

(iv) the applicant produces evidence that he has access rights to the child in the form of:

(a) a Residence Order or a Contact Order granted by a Court in Jersey; or

(b) a certificate issued by a judicial authority in Jersey confirming the applicant's

intention to maintain contact with the child; and

(v) the applicant intends to take an active role in the child’s upbringing; and

(vi) the child is under the age of 18; and

(vii) there will be adequate accommodation for the applicant and any dependants without

recourse to public funds in accommodation which the applicant owns or occupies

exclusively; and

(viii) the applicant will be able to maintain himself and any dependants adequately without

recourse to public funds; and

(ix) the applicant holds a valid entry clearance for entry in this capacity.

Leave to enter Jersey as a person exercising rights of access to a child

resident in Jersey

247. Leave to enter as a person exercising access rights to a child resident in Jersey may

be granted for a period not exceeding 33 months in the first instance, provided that a valid

entry clearance for entry in this capacity is produced to the Immigration Officer on arrival.

Refusal of leave to enter as a person exercising rights of access to a child

resident in Jersey

248. Leave to enter as a person exercising rights of access to a child resident in Jersey

is to be refused if a valid entry clearance for entry in this capacity is not produced to the

Immigration Officer on arrival.

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Requirements for extension of stay as a person exercising rights of access to

a child resident in Jersey who has been given leave to remain in Jersey under

the Rules in place after 1 January 2015

248A. The requirements for an extension of stay as a person exercising rights of access to

a child resident in Jersey who has been given leave to remain in Jersey under the Rules in

place after 1 January 2015 are that:

(i) the applicant is the parent of a child who is resident in Jersey; and

(ii) the applicant must not be eligible for leave to remain as a spouse, civil partner,

fiancé(e) or proposed civil partner or unmarried partner under Part 8 or Appendix

FM (J); and

(iii) the parent or carer with whom the child permanently resides is resident in Jersey;

and

(iv) the applicant produces evidence that he has access rights to the child in the form of:

(i) a Residence Order or a Contact Order granted by a Court in Jersey; or

(ii) a certificate issued by a judicial authority in Jersey confirming the applicant’s

intention to maintain contact with the child; or

(iii) a statement from the child’s other parent (or, if contact is supervised, from the

supervisor) that the applicant is maintaining contact with the child; and

(v) the applicant takes and intends to continue to take an active role in the child’s

upbringing; and

(vi) the child visits or stays with the applicant on a frequent and regular basis and the

applicant intends this to continue; and

(vii) the child is under the age of 18; and

(viii) the applicant has limited leave to remain in Jersey as the spouse, civil partner, or

fiancé(e) or proposed civil partner or unmarried partner of a person present and

settled in Jersey who is the other parent of the child; and

(ix) the applicant must not be in Jersey –

(a) as a visitor;

(b) with valid leave granted for a period of 6 months or less, unless that leave was

granted pending the outcome of family court or divorce proceedings;

(x) the applicant has not remained in breach of the immigration laws except that any

period of overstaying for a period of 28 days or less will be disregarded; and

(xi) there will be adequate accommodation for the applicant and any dependants without

recourse to public funds in accommodation which the applicant owns or occupies

exclusively; and

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(xii) the applicant will be able to maintain himself and any dependants adequately without

recourse to public funds.

Leave to remain in Jersey as a person exercising rights of access to a child

resident in Jersey under the Rules in place after 1 January 2015

248BA. Leave to remain as a person exercising access rights to a child resident in Jersey

under the Rules in place after 1 January 2015 who entered Jersey under paragraph 247

may be granted for a period not exceeding 30 months, provided the Minister is satisfied that

each of the requirements of paragraph 248A is met.

248BB. Leave to remain as a person exercising access rights to a child resident in Jersey

under the Rules in place after 1 January 2015 who entered Jersey other than under the

provisions of paragraph 247 may be granted for a period not exceeding 30 months in the

first instance, provided the Minister is satisfied that each of the requirements of paragraph

248A is met.

248BC. Leave to remain as a person exercising access rights to a child resident in Jersey

under the Rules in place after 1 January 2015 who has been granted leave to remain under

paragraph 248BA or 248BB may on expiry of that leave be granted leave to remain for a

further period not exceeding 30 months, provided the Minister is satisfied that each of the

requirements of paragraph 248A is met.

Refusal of leave to remain in Jersey as a person exercising rights of access

to a child resident in Jersey under the Rules in place after 1 January 2015

248C. Leave to remain as a person exercising rights of access to a child resident in Jersey

under the Rules in place after 1 January 2015 is to be refused if the Minister is not satisfied

that each of the requirements of paragraph 248A is met.

Indefinite leave to remain in Jersey as a person exercising rights of access to

a child resident in Jersey under the Rules in place after 1 January 2015

248D. The requirements for indefinite leave to remain in Jersey as a person exercising

rights of access to a child resident in Jersey under the Rules in place after 1 January 2015

are that:

(i) the applicant was admitted to Jersey or granted leave to remain in Jersey in

accordance with paragraph 247, 248BA, 248BB or 248BC as a person exercising

rights of access to a child and has completed a continuous period of 60 months as

a person exercising rights of access to a child; and

(ii) the applicant takes and intends to continue to take an active role in the child’s

upbringing; and

(iii) the child visits or stays with the applicant on a frequent and regular basis and the

applicant intends this to continue; and

(iv) there will be adequate accommodation for the applicant and any dependants without

recourse to public funds in accommodation which the applicant owns or occupies

exclusively; and

(v) the applicant will be able to maintain himself and any dependants adequately without

recourse to public funds; and

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(vi) the child is under 18 years of age; and

(vii) has demonstrated sufficient knowledge of the English language and sufficient

knowledge about life in the United Kingdom and Jersey, in accordance with

Appendix KoLL; and

(viii) he does not fall for refusal under the general grounds for refusal; and

(ix) he is not in Jersey in breach of immigration laws except that any period of

overstaying for a period of 28 days or less will be disregarded.

Indefinite leave to remain as a person exercising rights of access to a child

resident in Jersey under the Rules in place after 1 January 2015

248E. Indefinite leave to remain as a person exercising rights of access to a child under

the Rules in place after 1 January 2015 may be granted provided the Minister is satisfied

that each of the requirements of paragraph 248D is met.

Refusal of indefinite leave to remain in Jersey as a person exercising rights

of access to a child resident in Jersey under the Rules in place after 1 January

2015

248F. Indefinite leave to remain as a person exercising rights of access to a child under

the Rules in place after 1 January 2015 is to be refused if the Minister is not satisfied that

each of the requirements of paragraph 248D is met.

Requirements for an extension of stay as a person exercising rights of access

to a child resident in Jersey who has been given leave to remain in Jersey

under the Rules in place before 1 January 2015

248G. The requirements to be met by a person seeking leave to remain in Jersey to

exercise access rights to a child resident in Jersey under the Rules in place before 1

January 2015 are that:

(i) the applicant is the parent of a child who is resident in Jersey; and

(ii) the parent or carer with whom the child permanently resides is resident in Jersey;

and

(iii) the applicant produces evidence that he has access rights to the child in the form

of:

(a) a Residence Order or a Contact Order granted by a Court in Jersey; or

(b) a certificate issued by a judicial authority in Jersey confirming the

applicant’s intention to maintain contact with the child; or

the supervisor) that the applicant is maintaining contact with the child; and

(iv) the applicant takes and intends to continue to take an active role in the child’s

upbringing; and

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(v) the child visits or stays with the applicant on a frequent and regular basis and the

applicant intends this to continue; and

(vi) the child is under the age of 18; and

(vii) the applicant has limited leave to remain in Jersey as the spouse, civil partner or

unmarried partner of a person present and settled in Jersey who is the other parent

of the child; and

(viii) the applicant has not remained in breach of the immigration laws; and

(ix) there will be adequate accommodation for the applicant and any dependants without

recourse to public funds in accommodation which the applicant owns or occupies

exclusively; and

(x) the applicant will be able to maintain himself and any dependants adequately without

recourse to public funds.

Leave to remain in Jersey as a person exercising rights of access to a child

resident in Jersey under the Rules in place before 1 January 2015

248H. Leave to remain as a person exercising access rights to a child resident in Jersey

under the Rules in place before 1 January 2015 may be granted for 12 months, provided

the Minister is satisfied that each of the requirements of paragraph 248G is met.

Refusal of leave to remain in Jersey as a person exercising rights of access

to a child resident in Jersey under the Rules in place before 1 January 2015

248I. Leave to remain as a person exercising rights of access to a child resident in Jersey

under the Rules in place before 1 January 2015 is to be refused if the Minister is not satisfied

that each of the requirements of paragraph 248G is met.

Indefinite leave to remain in Jersey as a person exercising rights of access to

a child resident in Jersey under the Rules in place before 1 January 2015

248J. The requirements for indefinite leave to remain in Jersey as a person exercising

rights of access to a child resident in Jersey under the Rules in place before 1 January 2015

are that:

(i) the applicant was admitted to Jersey or granted leave to remain in Jersey for a period

of 12 months as a person exercising rights of access to a child and has completed

a period of 12 months as a person exercising rights of access to a child; and

(ii) the applicant takes and intends to continue to take an active role in the child’s

upbringing; and

(iii) the child visits or stays with the applicant on a frequent and regular basis and the

applicant intends this to continue; and

(iv) there will be adequate accommodation for the applicant and any dependants without

recourse to public funds in accommodation which the applicant owns or occupies

exclusively; and

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(v) the applicant will be able to maintain himself and any dependants adequately without

recourse to public funds; and

(vi) the child is under 18 years of age; and

(vii) has demonstrated sufficient knowledge of the English language and sufficient

knowledge about life in the United Kingdom and Jersey, in accordance with

Appendix KoLL; and

(viii) he does not fall for refusal under the general grounds for refusal.

Indefinite leave to remain as a person exercising rights of access to a child

resident in Jersey under the Rules in place before 1 January 2015

248K. Indefinite leave to remain as a person exercising rights of access to a child under

the Rules in place before 1 January 2015 may be granted provided the Minister is satisfied

that each of the requirements of paragraph 248J is met.

Refusal of indefinite leave to remain in Jersey as a person exercising rights

of access to a child resident in Jersey under the Rules in place before 1

January 2015

248L. Indefinite leave to remain as a person exercising rights of access to a child under

the Rules in place before 1 January 2015 is to be refused if the Minister is not satisfied that

each of the requirements of paragraph 248J is met.

249-254

EEA CITIZENS AND THEIR FAMILIES

A255. Appendix EU(J) and Appendix EU(J) (Family Permit) have effect.

262-276

Long residence in Jersey

276A. For the purpose of paragraphs 276B to 276D, 276ADE and 399A.

(a) “continuous residence” means residence in Jersey for an unbroken period, and for

these purposes a period shall not be considered to have been broken where an

applicant is absent from Jersey for a period of 6 months or less at any one time,

provided that the applicant in question has existing limited leave to enter or remain

upon their departure and return, but shall be considered to have been broken if the

applicant:

(i) has been removed under Schedule 2 of the 1971 Act, section 10 of the 1999

Act, has been deported or has left Jersey having been refused leave to enter

or remain here; or

(ii) has left Jersey and, on doing so, evidenced a clear intention not to return; or

(iii) left Jersey in circumstances in which he could have had no reasonable

expectation at the time of leaving that he would lawfully be able to return; or

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(iv) has been convicted of an offence and was sentenced to a period of

imprisonment or was directed to be detained in an institution other than a

prison (including, in particular, a hospital or an institution for young offenders),

provided that the sentence in question was not a suspended sentence; or

(v) has spent a total of more than 18 months absent from Jersey during the period

in question.

(b) ‘lawful residence’ means residence which is continuous residence pursuant to:

(i) existing leave to enter or remain; or

(ii) temporary admission within section 11 of the 1971 Act where leave to enter or

remain is subsequently granted; or

(iii) an exemption from immigration control, including where an exemption ceases

to apply if it is immediately followed by a grant of leave to enter or remain.

that paragraph 276A (a)(iv) shall not apply.

Requirements for an extension of stay on the ground of long residence in the

Jersey

276A1. The requirement to be met by a person seeking an extension of stay on the ground

of long residence in Jersey is that the applicant meets each of the requirements in

paragraph 276B (i)-(ii) and (v).

Extensions of stay on the ground of long residence in Jersey

276A2. An extension of stay on the ground of long residence in Jersey may be granted for

a period not exceeding 2 years provided that the Minister is satisfied that the requirement

in paragraph 276A1 is met.

Conditions to be attached to extension of stay on the ground of long residence

in Jersey

276A3. Where an extension of stay is granted under paragraph 276A2:

(i) if the applicant has spent less than 20 years in Jersey, the grant of leave should be

subject to the same conditions attached to his last period of lawful leave, or

(ii) if the applicant has spent 20 years or more in Jersey, the grant of leave should not

contain any restriction on employment.

Refusal of extension of stay on the ground of long residence in Jersey

276A4. An extension of stay on the ground of long residence in Jersey is to be refused if

Jersey is not satisfied that the requirement in paragraph 276A1 is met.

Requirements for indefinite leave to remain on the ground of long residence

in Jersey

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276B. The requirements to be met by an applicant for indefinite leave to remain on the

ground of long residence in Jersey are that:

(i) he has had at least 10 years continuous lawful residence in Jersey; and

(ii) having regard to the public interest there are no reasons why it would be undesirable

for him to be given indefinite leave to remain on the ground of long residence, taking

into account his:

(a) age; and

(b) strength of connections in Jersey; and

record; and

(d) domestic circumstances; and

(e) compassionate circumstances; and

(f) any representations received on the person’s behalf;

and

(iii) he does not fall for refusal under the general grounds for refusal; and

(iv) he has demonstrated sufficient knowledge of the English language and sufficient

knowledge about life in the United Kingdom and Jersey, in accordance with

Appendix KoLL; and

(v) he must not be in Jersey in breach of immigration laws except that any period of

overstaying for a period of 28 days or less will be disregarded, as will any period of

overstaying between periods of entry clearance, leave to enter or leave to remain of

up to 28 days and any period of overstaying pending the determination of an

application made within that 28 day period.

Indefinite leave to remain on the ground of long residence in Jersey

276C. Indefinite leave to remain on the ground of long residence in Jersey may be

granted provided that the Minister is satisfied that each of the requirements of paragraph

276B is met.

Refusal of indefinite leave to remain on the ground of long residence in Jersey

276D. Indefinite leave to remain on the ground of long residence in Jersey is to be refused

if the Minister is not satisfied that each of the requirements of paragraph 276B is met.

PRIVATE LIFE

Requirements to be met by an applicant for leave to remain on the grounds of

private life

276ADE. The requirements to be met by an applicant for leave to remain on the grounds

of private life in Jersey are that at the date of application, the applicant:

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(i) does not fall for refusal under any of the following grounds:

(a) the applicant is at the date of application the subject of a deportation order;

(b) the presence of the applicant in Jersey is not conducive to the public good

because he has been convicted of an offence for which he has been

sentenced to imprisonment for at least 4 years;

because he has been convicted of an offence for which he has been

sentenced to imprisonment for less than 4 years but at least 12 months;

(d) the presence of the applicant in Jersey is not conducive to the public good

because, in the view of the Minister, his offending has caused serious harm or

the applicant is a persistent offender who shows a particular disregard for the

law;

(e) the presence of the applicant in Jersey is not conducive to the public good

because his conduct (including convictions which do not fall within paragraphs

276ADE (i)(a)-(1)(d)), character, associations, or other reasons, make it

undesirable to allow him to remain in Jersey;

(f) the applicant has failed without reasonable excuse to comply with a

requirement to:

(1) attend an interview;

(2) provide information;

(3) provide physical data; or

(4) undergo a medical examination or provide a medical report;

(g) whether or not to the applicant’s knowledge:

(1) false information, representations or documents have been submitted in

relation to the application (including false information submitted to any

person to obtain a document used in support of the application); or

(2) there has been a failure to disclose material facts in relation to the

application.

(h) where the Health & Social Services Department has notified the Minister that

the applicant has failed to pay charges in accordance with the relevant Health

& Social Services Department overseas patients’ policy.

When considering whether the presence of the applicant in Jersey is not conducive

to the public good any legal or practical reasons why the applicant cannot presently

be removed from Jersey must be ignored.

(ii) has made a valid application for leave to remain on the grounds of private life in

Jersey; and

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(iii) has lived continuously in Jersey for at least 20 years (discounting any period of

imprisonment); or

(iv) is under the age of 18 years and has lived continuously in Jersey for at least 7 years

(discounting any period of imprisonment) and it would not be reasonable to expect

the applicant to leave Jersey; or

(v) is aged 18 years or above and under 25 years and has spent at least half of his life

living continuously in Jersey (discounting any period of imprisonment); or

(vi) is aged 18 years or above, has lived continuously in Jersey for less than 20 years

(discounting any period of imprisonment) but has no ties (including social, cultural

or family) with the country to which he would have to go if required to leave Jersey.

Leave to remain on the grounds of private life in Jersey

276BE. Limited leave to remain on the grounds of private life in Jersey may be granted for

a period not exceeding 30 months provided that the Minister is satisfied that the

requirements in paragraph 276ADE are met or, in respect of the requirements in paragraph

276ADE (iv) and (v) were met in a previous application which led to a grant of limited leave

to remain under paragraph 276BE. Such leave shall be given subject to such conditions

as the Minister deems appropriate.

Refusal of limited leave to remain on the grounds of private life in Jersey

276CE. Limited leave to remain on the grounds of private life in Jersey is to be refused if

the Minister is not satisfied that the requirements in paragraph 276ADE are met.

Requirements for indefinite leave to remain on the grounds of private life in

Jersey

276DE. The requirements to be met for the grant of indefinite leave to remain on the

grounds of private life in Jersey are that:

(a) the applicant has been in Jersey with continuous leave on the grounds of private life

for a period of at least 120 months. This continuous leave will disregard any period

of overstaying between periods of leave on the grounds of private life where the

application was made no later than 28 days after the expiry of the previous leave.

Any period pending the determination of the application will also be disregarded;

(b) the applicant meets the requirements of paragraph 276ADE or, in respect of the

requirements in paragraph 276ADE (iv) and (v), the applicant met the requirements

in a previous application which led to a grant of limited leave to remain under

paragraph 276BE;

(d) the applicant has demonstrated sufficient knowledge of the English language and

sufficient knowledge about life in the United Kingdom and Jersey, in accordance

with Appendix KoLL; and

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(e) there are no reasons why it would be undesirable to grant the applicant indefinite

leave to remain based on the applicant’s conduct, character or associations or

because the applicant represents a threat to national security.

Indefinite leave to remain on the grounds of private life in Jersey

276DF. Indefinite leave to remain on the grounds of private life in Jersey may be granted

provided that the Minister is satisfied that each of the requirements of paragraph 276DE is

met.

276DG. If the applicant does not meet the requirements for indefinite leave to remain on

the grounds of private life in Jersey only for one or both of the following reasons:

(a)

(i) the presence of the applicant in Jersey is not conducive to the public good

because he has been convicted of an offence for which he has been

sentenced to imprisonment for less than 12 months, unless a period of 7 years

has passed since the end of the sentence; or

(ii) the applicant has, within 24 months preceding the date of the application, been

convicted of or admitted an offence for which he received a non-custodial

sentence or other out of court disposal that is recorded on his criminal record;

(b) the applicant has not demonstrated sufficient knowledge of the English language

and sufficient knowledge about life in the United Kingdom and Jersey, in accordance

with Appendix KoLL,

the applicant may be granted further limited leave to remain on the grounds of private life in

Jersey for a period not exceeding 30 months, and subject to such conditions as the Minister

deems appropriate.

Refusal of indefinite leave to remain on the grounds of private life in Jersey

276DH. Indefinite leave to remain on the grounds of private life in Jersey is to be refused if

the Minister is not satisfied that each of the requirements of paragraph 276DE is met,

subject to paragraph 276DG.

HM FORCES

Definition of Gurkha

276E. For the purposes of these Rules the term “Gurkha” means a citizen or national of

Nepal who has served in the Brigade of Gurkhas of the British Army under the Brigade of

Gurkhas’ terms and conditions of service.

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LEAVE TO ENTER OR REMAIN IN JERSEY AS A GURKHA DISCHARGED

FROM THE BRITISH ARMY

Requirements for indefinite leave to enter Jersey as a Gurkha discharged from

the British Army

276F. The requirements for indefinite leave to enter Jersey as a Gurkha discharged from

the British Army are that:

(i) the applicant has completed at least four years’ service as a Gurkha with the British

Army; and

(ii) was discharged from the British Army in Nepal on completion of engagement on or

after 1 July 1997; and

(iii) was not discharged from the British Army more than 2 years prior to the date on

which the application is made; and

(iv) holds a valid entry clearance for entry in this capacity; and

(v) does not fall for refusal under the general grounds for refusal.

Indefinite leave to enter Jersey as a Gurkha discharged from the British Army

276G. A person seeking indefinite leave to enter Jersey as a Gurkha discharged from the

British Army may be granted indefinite leave to enter provided a valid entry clearance for

entry in this capacity is produced to the Immigration Officer on arrival.

Refusal of indefinite leave to enter Jersey as a Gurkha discharged from the

British Army

276H. Indefinite leave to enter Jersey as a Gurkha discharged from the British Army is to

be refused if a valid entry clearance for entry in this capacity is not produced to the

Immigration Officer on arrival.

Requirements for indefinite leave to remain in Jersey as a Gurkha discharged

from the British Army

276I. The requirements for indefinite leave to remain in Jersey as a Gurkha discharged

from the British Army are that the applicant:

(i) has completed at least four years’ service as a Gurkha with the British Army; and

(ii) was discharged from the British Army in Nepal on completion of engagement on or

after 1 July 1997; and

(iii) was not discharged from the British Army more than 2 years prior to the date on

which the application is made unless they are applying following a grant of limited

leave to remain under paragraph 276KA; and

(iv) is not in Jersey in breach of immigration laws except that any period of overstaying

for a period of 28 days or less will be disregarded; and

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(v) does not fall for refusal under the general grounds for refusal.

Indefinite leave to remain in Jersey as a Gurkha discharged from the British

Army

276J. A person seeking indefinite leave to remain in Jersey as a Gurkha discharged

from the British Army may be granted indefinite leave to remain provided the Minister is

satisfied that each of the requirements of paragraph 276I is met.

Refusal of indefinite leave to remain in Jersey as a Gurkha discharged from

the British Army

276K. Indefinite leave to remain in Jersey as a Gurkha discharged from the British Army is

to be refused if the Minister is not satisfied that each of the requirements of paragraph 276I

is met.

276KA. If a Gurkha discharged from the British Army does not meet the requirements for

indefinite leave to remain only because paragraph 322(1C)(iii) or 322(1C)(iv) applies, the

applicant may be granted limited leave to remain for a period not exceeding 30 months.

LEAVE TO ENTER OR REMAIN IN JERSEY AS A FOREIGN OR

COMMONWEALTH CITIZEN DISCHARGED FROM HM FORCES

Requirements for indefinite leave to enter Jersey as a foreign or

Commonwealth citizen discharged from HM Forces

276L. The requirements for indefinite leave to enter Jersey as a foreign or Commonwealth

citizen discharged from HM Forces are that the applicant:

(i) has completed at least four years’ service with HM Forces; and

(ii) was discharged from HM Forces on completion of engagement; and

(iii) was not discharged from HM Forces more than 2 years prior to the date on which

the application is made; and

(iv) holds a valid entry clearance for entry in this capacity; and

(v) he does not fall for refusal under the general grounds for refusal.

Indefinite leave to enter Jersey as a foreign or Commonwealth citizen

discharged from HM Forces

276M. A person seeking indefinite leave to enter Jersey as a foreign or Commonwealth

citizen discharged from HM Forces may be granted indefinite leave to enter provided a valid

entry clearance for entry in this capacity is produced to the Immigration Officer on arrival.

Refusal of indefinite leave to enter Jersey as a foreign or Commonwealth

citizen discharged from HM Forces

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276N. Indefinite leave to enter Jersey as a foreign or Commonwealth citizen discharged

from HM Forces is to be refused in a valid entry clearance for entry in this capacity is not

produced to the Immigration Officer on arrival.

Requirements for indefinite leave to remain in Jersey as a foreign or

Commonwealth citizen discharged from HM Forces

276O. The requirements for indefinite leave to remain in Jersey as a foreign or

Commonwealth citizen discharged from HM Forces are that the applicant:

(i) has completed at least four years’ service with HM Forces; and

(ii) was discharged from HM Forces on completion of engagement; and

(iii) was not discharged from HM Forces more than 2 years prior to the date on which

the application is made unless they are applying following a grant of limited leave to

remain under paragraph 276QA; and

(iv) is not in Jersey in breach of immigration laws except that any period of overstaying

for a period of 28 days or less will be disregarded; and

(v) he does not fall for refusal under the general grounds for refusal.

Indefinite leave to remain in Jersey as a foreign or Commonwealth citizen

discharged from HM Forces

276P. A person seeking indefinite leave to remain in Jersey as a foreign or Commonwealth

citizen discharged from HM Forces may be granted indefinite leave to remain provided the

Minister is satisfied that each of the requirements of paragraph 276O is met.

Refusal of indefinite leave to remain in Jersey as a foreign or

Commonwealth citizen discharged from HM Forces

276Q. Indefinite leave to remain in Jersey as a foreign or Commonwealth citizen

discharged from HM Forces is to be refused if the Minister is not satisfied that each of the

requirements of paragraph 276O is met.

Leave to remain in Jersey as a foreign or Commonwealth citizen discharged

from HM Forces

276QA. If a foreign or Commonwealth citizen discharged from HM Forces does not meet

the requirements for indefinite leave to remain only because paragraph 322(1C)(iii) or

322(1C)(iv) applies, the applicant may be granted limited leave to remain for a period not

exceeding 30 months.

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SPOUSES, CIVIL PARTNERS OR UNMARRIED PARTNERS OF PERSONS

SETTLED OR SEEKING SETTLEMENT IN JERSEY IN ACCORDANCE WITH

PARAGRAPHS 276E-276Q (HM FORCES) OR OF MEMBERS OF HM FORCES

WHO ARE EXEMPT FROM IMMIGRATION CONTROL UNDER SECTION 8(4)(A)

OF THE IMMIGRATION ACT 1971 AND HAVE AT LEAST 5 YEARS’

CONTINUOUS SERVICE.

Leave to enter or remain in Jersey as the spouse, civil partner or unmarried partner of a

person present and settled in Jersey being granted settlement on the same occasion in

accordance with paragraphs 276E-276Q or a member of HM Forces who is exempt from

immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5

years’ continuous service.

Requirements for indefinite leave to enter Jersey as the spouse, civil partner

or unmarried partner of a person present and settled in Jersey or being

admitted on the same occasion for settlement under paragraphs 276E-276Q

or of a member of HM Forces who is exempt from immigration control under

section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’

continuous service.

276R. The requirements to be met by a person seeking indefinite leave to enter Jersey as

the spouse, civil partner or unmarried partner of a person present and settled in Jersey or

being admitted on the same occasion for settlement in accordance with paragraphs 276E-

276Q or of a member of HM Forces who is exempt from immigration control under section

8(4)(a) of the Immigration Act 1971 and has at least 5 years’ continuous service are that:

(i) the applicant is married to or the civil partner of the unmarried partner of, a person

present and settled in Jersey or who is being admitted on the same occasion for

settlement in accordance with paragraphs 276E-276Q or of a member of HM Forces

who is exempt from immigration control under section 8(4)(a) of the Immigration Act

1971 and has at least 5 years’ continuous service; and

(ii) the parties to the marriage, or civil partnership relationship akin to marriage or civil

partnership have met; and

(iii) the parties were married or formed a civil partnership or a relationship akin to

marriage or civil partnership at least 2 years ago; and

(iv) each of the parties intends to live permanently with the other as his or her spouse,

civil partner, or unmarried partner; and

(v) the marriage, civil partnership or relationship akin to marriage or civil partnership is

subsisting; and

(vi) the applicant holds a valid entry clearance for entry in this capacity; and

(vii) he does not fall for refusal under the general grounds for refusal.

Indefinite leave to enter Jersey as the spouse, civil partner or unmarried

partner of a person present and settled in Jersey or being admitted on the

same occasion for settlement in accordance with paragraphs 342 to 354 or of

a member of HM Forces who is exempt from immigration control under

section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’

continuous service

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276S. A person seeking leave to enter Jersey as the spouse, civil partner or unmarried

partner of a person present and settled in Jersey or being admitted on the same occasion

for settlement in accordance with paragraphs 276E-276Q or of a member of HM Forces

who is exempt from immigration control under section 8(a)(a) of the Immigration Act 1971

and has at least 5 years’ continuous service may be granted indefinite leave to enter

provided a valid entry clearance for entry in this capacity is produced to the Immigration

Officer on arrival.

Refusal of indefinite leave to enter Jersey as the spouse, civil partner or

unmarried partner of a person present and settled in Jersey or being admitted

on the same occasion for settlement in accordance with paragraphs 276E-

276Q or of a member of HM Forces who is exempt from immigration control

under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’

continuous service

276T. Leave to enter Jersey as the spouse, civil partner or unmarried partner of a person

present and settled Jersey or being admitted on the same occasion for settlement in

accordance with paragraphs 276E-276Q Jersey or of a member of HM Forces who is

exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has

at least 5 years’ continuous service is to be refused if a valid entry clearance for entry in this

capacity is not produced to the Immigration Officer on arrival.

Requirements for indefinite leave to remain in Jersey as the spouse, civil

partner or unmarried partner of a person present and settled Jersey under

paragraphs 276E-276Q or being granted settlement on the same occasion in

accordance with paragraphs 276E-276Q or of a member of HM Forces who is

exempt from immigration control under section 8(4)(a) of the Immigration Act

1971 and has at least 5 years’ continuous service

276U. The requirements to be met by a person seeking indefinite leave to remain in Jersey

as the spouse, civil partner or unmarried partner of a person present and settled in Jersey

or being granted settlement on the same occasion in accordance with paragraphs 276E-

276Q or of a member of HM Forces who is exempt from immigration control under section

8(4)(a) of the Immigration Act 1971 and has at least 5 years’ continuous service; and

(i) the applicant is married to or the civil partner or unmarried partner of a person

present and settled Jersey or being granted settlement on the same occasion in

accordance with paragraphs 276E-276Q or of a member of HM Forces who is

exempt from immigration control under section 8(4)(a) of the Immigration Act 1971

and has at least 5 years’ continuous service; and

(ii) the parties to the marriage, or civil partnership or relationship akin to marriage or

civil partnership have met; and

(iii) the parties were married, or formed a relationship civil partnership or a relationship

akin to marriage or civil partnership at least 2 years ago; and

(iv) each of the parties intends to live permanently with the other as his or her spouse,

civil partner or unmarried partner; and

(v) the marriage, civil partnership or relationship akin to marriage or civil partnership is

subsisting; and

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(vi) has, or has last been granted, leave to enter or remain Jersey as the spouse, civil

partner or unmarried partner; and

(vii) he does not fall for refusal under the general grounds for refusal.

Indefinite leave to remain in Jersey as the spouse, civil partner or unmarried

partner of a person present and settled in Jersey or being granted settlement

on the same occasion in accordance with paragraphs 276E-276Q or of a

member of HM Forces who is exempt from immigration control under section

8(4)(a) of the Immigration Act 1971 and has at least 5 years’ continuous

service

276V. Indefinite leave to remain in Jersey as the spouse, civil partner or unmarried partner

of a person present and settled in Jersey or being granted settlement on the same occasion

in accordance with paragraphs 276E-276Q or of a member of HM Forces who is exempt

from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least

5 years’ continuous service, may be granted provided the Minister is satisfied that each of

the requirements of paragraph 276U is met.

Refusal of indefinite leave to remain in Jersey as the spouse, civil partner or

unmarried partner of a person present and settled in Jersey or being granted

settlement on the same occasion in accordance with paragraphs 276E-276Q

or of a member of HM Forces who is exempt from immigration control under

section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’

continuous service

276W. Indefinite leave to remain in Jersey as the spouse, civil partner or unmarried partner

of a person present and settled in Jersey or being granted settlement on the same occasion

in accordance with paragraphs 276E-276Q or of a member of HM Forces who is exempt

from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least

5 years’ continuous service is to be refused if the Minister is not satisfied that each of the

requirements of paragraph 276U is met.

CHILDREN OF A PARENT, PARENTS OF A RELATIVE SETTLED OR SEEKING

SETTLEMENT IN JERSEY UNDER PARAGRAPHS 276E-276Q (HM FORCES)

OR OF MEMBERS OF HM FORCES WHO ARE EXEMPT FROM IMMIGRATION

CONTROL UNDER SECTION 8(4)(A) OF THE IMMIGRATION ACT 1971 AND

HAVE AT LEAST 5 YEARS’ CONTINUOUS SERVICE

Leave to enter or remain in Jersey as the child of a parent, parents or relative

present and settled in Jersey or being granted settlement on the same

occasion in accordance with paragraphs 276E-276Q or of a member of HM

Forces who is exempt from immigration control under section 8(4)(a) of the

Immigration Act 1971 and has at least 5 years’ continuous service

Requirements for indefinite leave to enter Jersey as the child of a parent,

parents or relative present and settled in Jersey or being admitted for

settlement on the same occasion in accordance with paragraphs 276E-276Q

or of a member of HM Forces who is exempt from immigration control under

section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’

continuous service

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276X. The requirements to be met by a person seeking indefinite leave to enter Jersey as

the child of a parent, parents or a relative present and settled in Jersey or being admitted

for settlement on the same occasion in accordance with paragraphs 276E-276Q or of a

member of HM Forces who is exempt from immigration control under section 8(4)(a) of the

Immigration Act 1971 and has at least 5 years’ continuous service are that:

(i) the applicant is seeking indefinite leave to enter to accompany or join a parent,

parents or a relative in one of the following circumstances:

(a) both parents are present and settled in Jersey; or

(b) both parents are being admitted on the same occasion for settlement, or

is exempt from immigration control under section 8(4)(a) of the Immigration

Act 1971 and has at least 5 years’ continuous service and the other is being

admitted on the same occasion for settlement or is a member of HM Forces

who is exempt from immigration control under section 8(4)(a) of the

Immigration Act 1971 and has at least 5 years’ continuous service; or

(d) one parent is present and settled in Jersey or being admitted on the same

occasion for settlement or is a member of HM Forces who is exempt from

immigration control under section 8(4)(a) of the Immigration Act 1971 and has

at least 5 years’ continuous service and the other parent is dead; or

(e) one parent is present and settled in Jersey or being admitted on the same

occasion for settlement or is a member of HM Forces who is exempt from

immigration control under section 8(4)(a) of the Immigration Act 1971 and has

at least 5 years’ continuous service and has the sole responsibility for the

child’s upbringing; or

(f) one parent or a relative is present and settled in Jersey or being admitted on

the same occasion for settlement or is a member of HM Forces who is exempt

from immigration control under section 8(4)(a) of the Immigration Act 1971 and

has at least 5 years’ continuous service and there are serious and compelling

family or other considerations which make exclusion of the child undesirable

and suitable arrangements have been made for the child’s care; and

(ii) is under the age of 18; and

(iii) is not leading an independent life, is unmarried and has not formed an independent

family unit; and

(iv) holds a valid entry clearance for entry in this capacity; and

(v) he does not fall for refusal under the general grounds for refusal.

Indefinite leave to enter Jersey as the child of a parent, parents of a relative

present and settled in Jersey or being admitted for settlement on the same

occasion in accordance with paragraphs 276E-276Q or of a member of HM

Forces who is exempt from immigration control under section 8(4)(a) of the

Immigration Act 1971 and has at least 5 years’ continuous service

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276Y. Indefinite leave to enter Jersey as the child of a parent, or a relative present and

settled in Jersey or being admitted for settlement on the same occasion in accordance with

paragraphs 276E-276Q or of a member of HM Forces who is exempt from immigration

control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’

continuous service may be granted provided a valid entry clearance for entry in this capacity

is produced to the Immigration Officer on arrival.

Refusal of indefinite leave to enter Jersey as the child of a parent, parents or

a relative present and settled in Jersey or being admitted for settlement on the

same occasion in accordance with paragraphs 276E-276Q or of a member of

HM Forces who is exempt from immigration control under section 8(4)(a) of

the Immigration Act 1971and has at least 5 years’ continuous service

276Z. Indefinite leave to enter Jersey as the child of a parent, parents or a relative present

and settled in Jersey or being admitted for settlement on the same occasion in accordance

with paragraphs 276E-276Q or of a member of HM Forces who is exempt from immigration

control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’

continuous service is to be refused if a valid entry clearance for entry in this capacity is not

produced to the Immigration Officer on arrival.

Requirements for indefinite leave to remain in Jersey as the child of a parent,

parents or a relative present and settled in Jersey or being granted settlement

on the same occasion in accordance with paragraphs 276E-276Q or of a

member of HM Forces who is exempt from immigration control under section

8(4)(a) of the Immigration Act 1971 and has at least 5 years’ continuous

service

276AA. The requirements to be met by a person seeking indefinite leave to remain in

Jersey as the child of a parent, parents or relative present and settled in Jersey or being

granted settlement on the same occasion in accordance with paragraphs 276E-276Q or of

a member of HM Forces who is exempt from immigration control under section 8(4)(a) of

the Immigration Act 1971 and has at least 5 years’ continuous service are that:

(i) the applicant is seeking indefinite leave to remain with a parent, parents or relative

in one of the following circumstances:

(a) both parents are present and settled in Jersey or being granted settlement on

the same occasion; or

(ab) one parent is present and settled in Jersey or is a member of HM Forces who

is exempt from immigration control under section 8(4)(a) of the Immigration

Act 1971 and has at least 5 years’ continuous service and the other is being

granted settlement on the same occasion or is a member of HM Forces who

is exempt from immigration control under section 8(4)(a) of the Immigration

Act 1971 and has at least 5 years’ continuous service; or

(b) one parent is present and settled in Jersey or being granted settlement on the

same occasion or is a member of HM Forces who is exempt from immigration

control under section 8(4)(a) of the Immigration Act 1971 and has at least 5

years’ continuous service and the other parent is dead; or

same occasion or is a member of HM Forces who is exempt from immigration

control under section 8(4)(a) of the Immigration Act 1971 and has at least 5

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years’ continuous service and has had sole responsibility for the child’s

upbringing; or

(d) one parent or relative is present and settled in Jersey or being granted

settlement on the same occasion or is a member of HM Forces who is exempt

from immigration control under section 8(4)(a) of the Immigration Act 1971 and

has at least 5 years’ continuous service and there are serious and compelling

family or other considerations which make exclusion of the child undesirable

and suitable arrangements have been made for the child’s care; and

(ii) is under the age of 18; and

(iii) is not leading an independent life, is unmarried, and has not formed an independent

family unit; and

(iv) is not in Jersey in breach of immigration laws except that any period of overstaying

for a period of 28 days or less will be disregarded; and

(v) he does not fall for refusal under the general grounds for refusal.

Indefinite leave to remain in Jersey as the child of a parent, parents or relative

present and settled in Jersey or being granted settlement on the same

occasion in accordance with paragraphs 276E-276Q or of a member of HM

Forces who is exempt from immigration control under section 8(4)(a) of the

Immigration Act 1971 and has at least 5 years’ continuous service

276AB. Indefinite leave to remain in Jersey as the child of a parent, parents or a relative

present and settled in Jersey or being granted settlement on the same occasion in

accordance with paragraphs 276E-276Q or of a member of HM Forces who is exempt from

immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5

years’ continuous service may be granted if the Minister is satisfied that each of the

requirements of paragraph 276AA is met.

Refusal of indefinite leave to remain in Jersey as the child of a parent, parents

or a relative present and settled in Jersey or being granted settlement on the

same occasion in accordance with paragraphs 276E-276Q or of a member of

HM Forces who is exempt from immigration control under section 8(4)(a) of

the Immigration Act 1971 and has at least 5 years’ continuous service

276AC. Indefinite leave to remain in Jersey as the child of a parent, parents or a relative

present and settled in Jersey or being granted settlement on the same occasion in

accordance with paragraphs 276E-276Q or of a member of HM Forces who is exempt from

immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5

years’ continuous service is to be refused if the Minister is not satisfied that each of the

requirements of paragraph 276AA is met.

SPOUSES, CIVIL PARTNERS OR UNMARRIED PARTNERS OF ARMED

FORCES MEMBERS WHO ARE EXEMPT FROM IMMIGRATION CONTROL

UNDER SECTION 8(4) OF THE IMMIGRATION ACT 1971

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Requirements for leave to enter or remain as the spouse, civil partner or

unmarried partner of an armed forces member who is exempt from

immigration control under section 8(4) of the Immigration Act 1971

276AD. The requirements to be met by a person seeking leave to enter or remain in Jersey

as the spouse, civil partner or unmarried partner of an armed forces member who is exempt

from immigration control under section 8(4) of the Immigration Act 1971 are that:

(i) the applicant is married to or the civil partner of unmarried partner of an armed forces

member who is exempt from immigration control under section 8(4)(a) of the

Immigration Act 1971; and

(ii) each of the parties intends to live with the other as his spouse, civil partner or

unmarried partner during the applicant’s stay and the marriage or relationship is

subsisting; and

(iii) there will be adequate accommodation for the parties and any dependants without

recourse to public funds in accommodation which they own or occupy exclusively;

and

(iv) the parties will be able to maintain themselves and any dependants adequately

without recourse to public funds; and

(v) the applicant does not intend to stay in Jersey beyond his or her spouse’s, civil

partner’s or unmarried partner’s enlistment in the home forces, or period of posting

or training in Jersey; and

(vi) where the applicant is the unmarried partner of an armed forces member who is

exempt from immigration control under section 8(4) of the Immigration Act 1971, the

following requirements are also met:

(a) any previous marriage or civil partnership or relationship akin to a marriage by

the applicant of the exempt armed forces member must have permanently

broken down,

(b) the applicant and the exempt armed forces member must not be so closely

related that they would be prohibited from marrying each other in Jersey, and

together in a relationship akin to marriage or civil partnership for a period of

least 2 years.

Leave to enter or remain as the spouse, civil partner or unmarried partner of

an armed forces member who is exempt from immigration control under

section 8(4)(a) of the Immigration Act 1971

276AE. A person seeking leave to enter or remain in Jersey as the spouse, civil partner or

unmarried partner of an armed forces member who is exempt from immigration control

under section 8(4) of the Immigration Act 1971 may be given leave to enter or remain in

Jersey for a period not exceeding 4 years or the expected duration of the enlistment, posing

or training of his or her spouse, civil partner or unmarried partner, whichever is shorter,

provided that the Immigration Officer, or in the case of an application for leave to remain,

the Minister, is satisfied that each of the requirements of paragraph 276AD (i)-(v) is met.

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Refusal of leave to enter or remain as the spouse, civil partner or unmarried

partner of an armed forces member who is exempt from immigration control

under section 8(4) of the Immigration Act 1971

276AF. Leave to enter or remain in Jersey as the spouse, civil partner or unmarried partner

of an armed forces member who is exempt from immigration control under section 8(4) of

the Immigration Act 1971 is to be refused if the Immigration Officer, or in the case of an

application for leave to remain, the Minister, is not satisfied that each of the requirements

of paragraph 276AD(i)-(vi) is met.

CHILDREN OF ARMED FORCES MEMBERS WHO ARE EXEMPT FROM

IMMIGRATION CONTROL UNDER SECTION 8(4) OF THE IMMIGRATION ACT

1971

Requirements for leave to enter or remain as the child of an armed forces

member exempt from immigration control under section 8(4) of the

Immigration Act 1971

276AG. The requirements to be met by a person seeking leave to enter or remain in Jersey

as the child of an armed forces member exempt from immigration control under section 8(4)

of the Immigration Act 1971 are that:

(i) he is the child of a parent who is an armed forces member exempt from immigration

control under section 8(4) of the Immigration Act 1971; and

(ii) he is under the age of 18 or has current leave to enter or remain in this capacity;

and

(iii) he is unmarried and is not a civil partner, has not formed an independent family unit

and is not leading an independent life; and

(iv) he can and will be maintained and accommodated adequately without recourse to

public funds in accommodation which the parent(s) own or occupy exclusively; and

(v) he will not stay in Jersey beyond the period of his parent’s enlistment in the home

forces, or posting or training in Jersey; and

(vi) his other parent is being or has been admitted to or allowed to remain in Jersey save

where:

(a) the parent he is accompanying or joining is his sole surviving parent; or

(b) the parent he is accompanying or joining has had sole responsibility for his

upbringing; or

exclusion from Jersey undesirable and suitable arrangements have been

made for his care.

Leave to enter or remain as the child of an armed forces member exempt from

immigration control under section 8(4) of the Immigration Act 1971.

276AH. A person seeking leave to enter or remain in Jersey as the child of an armed forces

member exempt from immigration control under section 8(4) of the Immigration Act 1971

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may be given leave to enter or remain in Jersey for a period not exceeding 4 years or the

duration of the enlistment, posting or training of his parent, whichever is the shorter,

provided that the Immigration Officer, or in the case of an application for leave to remain,

the Minister, is satisfied that each of the requirements of 276AG (i)-(vi) is met.

Refusal of leave to enter or remain as the child of an armed forces member

exempt from immigration control under section 8(4) of the Immigration Act

1971

276AI. Leave to enter or remain in Jersey as the child of an armed forces member exempt

from immigration control under section 8(4) of the Immigration Act 1971 is to be refused if

the Immigration Officer, or in the case of an application for leave to remain, the Minister, is

not satisfied that each of the requirements of paragraph 276AG (i)-(vi) is met.

276BA1-276BS1

PARENT OF A CHILD AT SCHOOL

Requirements for leave to enter or remain as the parent of a child at school

276BT1. The requirements to be met by a person seeking leave to enter or remain in Jersey

as the parent of a child at school are that the parent is over 18 years old and:

(i) is genuinely seeking leave to enter or remain for a period of up 12 months to be the

sole carer for their child who is under 12 years of age and attending or seeking to

attend a fee paying school outside the wholly maintained sector in Jersey, provided

the child:

(a) meets the requirements of paragraph 57 if seeking leave to enter as a

student, or

(b) meets the requirements of paragraph 60 if seeking leave to remain as a

student;

(ii) will maintain and accommodate himself, the child and any other dependants

adequately out of resources available to him without recourse to public funds or

taking employment;

(iii) can provide satisfactory evidence of adequate and reliable funds for maintaining a

second home in Jersey;

(iv) is not seeking to make Jersey their main home;

(v) does not intend to take employment, to produce goods or provide services within

Jersey including the selling of goods or services direct to members of the public;

(vi) does not intend to study in Jersey;

(vii) if seeking leave to remain, was not last admitted to Jersey as part of a visit to the

United Kingdom and Islands under the Approved Destination Status Agreement with

China (ADS);

(viii) if seeking leave to remain, must not be in Jersey in breach of immigration laws

except that any period of staying for a period of 28 days or less will be disregarded.

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Leave to enter or remain as the parent of a child at school

276BU1. A person seeking leave to enter or remain in Jersey as the parent of a child at

school may be admitted or allowed to remain for a period not exceeding 12 months, subject

to a condition prohibiting employment, study and recourse to public funds, provided the

Immigration Officer or, in the case of an application for limited leave to remain, the Minister

is satisfied that each of the requirements of paragraph 276BT1 is met.

Refusal of leave to enter or remain as the parent of a child at school

276BV1. Leave to enter or remain in Jersey as the parent of a child at school is to be refused

if the Immigration Officer or, in the case of an application for limited leave to remain, the

Minister is not satisfied that each of the requirements of paragraph 276BT1 is met.

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PART 8: FAMILY MEMBERS

A284. From ______ 2024, an application for settlement from a victim of domestic abuse

(and any dependent children), must be made under Appendix Victim of Domestic Abuse

and an application for settlement from a bereaved partner (and any dependent children),

must be made under Appendix Bereaved Partner (and any application for settlement will

not be considered under this Part).

SPOUSES OR CIVIL PARTNERS OF PERSONS PRESENT AND SETTLED IN

JERSEY OR BEING ADMITTED ON THE SAME OCCASION FOR SETTLEMENT

277. Nothing in these Rules shall be construed as permitting a person to be granted entry

clearance, leave to enter, leave to remain or variation of leave as a spouse or civil partner

of another if either the applicant or the sponsor will be aged under 18 on the date of arrival

in Jersey or (as the case may be) on the date on which the leave to remain or variation of

leave would be granted.

277A. Part 8 applies to all applications made under the Rules in place before 1st August

2014 to which the provisions of Part 8 apply. Appendix FM (J) applies to all applications

made on or after 1st August 2014 to which the provisions of Appendix FM (J) apply.

278. Nothing in these Rules shall be construed as allowing a person to be granted entry

clearance, leave to enter, leave to remain or variation of leave as the spouse or civil partner

of a man or woman (the sponsor) if:

(i) his or her marriage or civil partnership to the sponsor is polygamous; and

(ii) there is another person living who is the husband or wife of the sponsor and who:

(a) is, or at any time since his or her marriage or civil partnership to the sponsor

has been, in Jersey; or

(b) has been granted a certificate of entitlement in respect of the right of abode

mentioned in section 2(1)(a) of the Immigration Act 1988 or an entry clearance

to enter Jersey as the husband or wife of the sponsor.

For the purpose of this paragraph a marriage or civil partnership may be polygamous

although at its inception neither party had any other spouse or civil partner.

279. Paragraph 278 does not apply to any person who seeks entry clearance, leave to

enter, leave to remain or variation of leave where:

(i) he or she has been in Jersey before 1 August 1993 having been admitted for the

purpose of settlement as the husband or wife of the sponsor; or

(ii)

he or she has, since their marriage or civil partnership to the sponsor, been in Jersey at any

time when there was no such other spouse or civil partner living as is mentioned in paragraph

278 (ii),

But where a person claims that paragraph 278 does not apply to them because they have

been in Jersey in circumstances which cause them to fall within sub-paragraphs (i) or (ii) of

that paragraph it shall be for them to prove that fact.

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280. For the purposes of paragraph 278 and 279 the presence of any wife or husband in

Jersey in any of the following circumstances shall be disregarded:

(i) as a visitor; or

(ii) an illegal entrant; or

(iii) in circumstances whereby a person is deemed by section 11(1) of the Immigration

Act 1971 not to have entered Jersey.

Requirements for leave to enter Jersey with a view to settlement as the spouse

or civil partner of a person present and settled in Jersey or being admitted on

the same occasion for settlement

281. The requirements to be met by a person seeking leave to enter Jersey with a view

to settlement as the spouse or civil partner of a person present and settled in Jersey or who

is on the same occasion being admitted for settlement are that:

(i)

(a)

(i) the applicant is married to or the civil partner of a person present and

settled in Jersey or who is on the same occasion being admitted for

settlement; and

(ii) the applicant provides an original English language test certificate in

speaking and listening from an English language test provider approved

by the Secretary of State for the respective purposes, as listed on the

gov.uk website, which clearly shows the applicant’s name and

qualification obtained (which must meet or exceed level A1 of the

Common European Framework of Reference) unless:

(a) the applicant is aged 65 or over at the time he makes his

application; or

(b) the applicant has a physical or mental condition that would prevent

him from meeting the requirement; or

prevent the applicant from meeting the requirement; or

(iii) the applicant is a national of one of the following countries: Antigua and

Barbuda; Australia, the Bahamas, Barbados; Belize; British Overseas

Territories; Canada; Dominica; Grenada; Guyana; Jamaica; New

Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines;

Trinidad and Tobago; United States of America; or

(iv) the applicant has obtained an academic qualification (not a professional

or vocational qualification), which is deemed by Ecctis to meet the

recognised standard of a Bachelor’s or Master’s degree or PhD in the

United Kingdom, from an educational establishment in one of the

following countries: Antigua and Barbuda; Australia, the Bahamas,

Barbados; Belize; British Overseas Territories; Dominica; Grenada;

Guyana; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent

and the Grenadines; Trinidad and Tobago; the UK; United States of

America; and provides the specified documents; or

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(v) the applicant has obtained an academic qualification (not a professional

or vocational qualification) which is deemed by Ecctis to meet the

recognised standard of a Bachelor’s or Master’s degree or PhD in the

United Kingdom, and

(1) provides the specific evidence to show he has the qualification,

and

(2) Ecctis has confirmed that the qualification was taught or

researched in English, or

(vi) has obtained an academic qualification (not a professional or vocational

qualification) which is deemed by Ecctis to meet the recognised standard

of a Bachelor’s or Master’s degree or PhD in the United Kingdom, and

provides the specified evidence to show:

(1) he has the qualification, and

(2) that the qualification was taught or researched in English;

(b)

(i) the applicant is married to or the civil partner of a person who has right

of abode in Jersey or indefinite leave to enter or remain in Jersey and is

on the same occasion seeking admission to Jersey for the purposes of

settlement and the parties were married or formed a civil partnership at

least 4 years ago, since which time they have been living together

outside Jersey; and

(ii) the applicant has demonstrated sufficient knowledge of the English

language and sufficient knowledge about life in the United Kingdom and

Jersey, in accordance with Appendix KoLL; and

(ii) the parties to the marriage or civil partnership have met; and

(iii) each of the parties intends to live permanently with the other as his or her spouse

or civil partner and the marriage or civil partnership in subsisting; and

(iii) there will be adequate accommodation for the parties and any dependants without

recourse to public funds in accommodation which they own or occupy exclusively;

and

(iv) the parties will be able to maintain themselves and any dependants adequately

without recourse to public funds; and

(v) the applicant holds a valid entry clearance for entry in this capacity; and

(vi) the applicant does not fall for refusal under the general grounds for refusal.

For the purposes of this paragraph and paragraphs 282-289, a member of HM Forces

serving overseas, or a permanent member of HM Diplomatic Service or comparable UK-

based staff member of the British Council on a tour of duty abroad, or a staff member of the

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Department for International Development who is a British citizen or is settled in Jersey, is

to be regarded as present and settled in Jersey.

Leave to enter as the spouse or civil partner of a person present and settled

in Jersey or being admitted for settlement on the same occasion

282. A person seeking leave to enter Jersey as the spouse or civil partner of a person

present and settled in Jersey or who is on the same occasion being admitted for settlement

may:

(a) in the case of a person who meets the requirements of paragraph 281(i)(a)(i) and

one of the requirements of paragraph 281 (i)(a)(ii)-(vi), be admitted for an initial

period not exceeding 27 months, or

(b) in the case of a person who meets all of the requirements in paragraph 281(i)(b), be

granted indefinite leave to enter, or

the requirement in paragraph 281 (i)(b)(ii), to be admitted for an initial period not

exceeding 27 months.

Refusal of leave to enter as the spouse or civil partner of a person present

and settled in Jersey or being admitted on the same occasion for settlement

283. Leave to enter Jersey as the spouse or civil partner of a person present and settled

in Jersey or who is on the same occasion being admitted for settlement is to be refused if

the Immigration Officer is not satisfied that each of the requirements of paragraph 281 is

met.

Requirements for an extension of stay as the spouse or civil partner of a

person present and settled in Jersey

284. The requirements for an extension of stay as the spouse or civil partner of a person

present and settled in Jersey are that:

(i) the applicant has limited leave to enter or remain in Jersey which was given in

accordance with any of the provisions of these Rules, other than where as a result

of that leave he would not have been in Jersey beyond 6 months from the date on

which he was admitted to Jersey on this occasion in accordance with these Rules,

unless the leave in question is limited leave to enter as a fiancé(e) or proposed civil

partner; and

(ii) is married to the civil partner of a person present and settled in Jersey; and

(iii) the parties to the marriage or civil partnership have met; and

(iv) the applicant has not remained in breach of the immigration laws, except that any

period of overstaying for a period of 28 days or less will be disregarded; and

(v) the marriage or civil partnership has not taken place after a decision has been made

to deport the applicant or he has been recommended for deportation or been given

notice under section 6(2) of the Immigration Act 1971 or been given Rules for his

removal under section 10 of the Immigration and Asylum Act 1999; and

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(vi) each of the parties intends to live permanently with the other as his or her spouse

or civil partner and the marriage or civil partnership is subsisting; and

(vii) there will be adequate accommodation for the parties and any dependants without

recourse to public funds in accommodation which they own or occupy exclusively;

and

(viii) the parties will be able to maintain themselves and any dependants adequately

without recourse to public funds, and

(ix)

(a) the applicant provides an original English language test certificate in speaking

and listening from an English language test provider approved by the

Secretary of State for the respective purposes, as listed on the gov.uk website,

which clearly shows the applicant’s name and the qualification obtained (which

must meet or exceed level A1 of the Common European Framework of

Reference) unless:

(i) the applicant is aged 65 or over at the time he makes his application; or

(ii) the applicant has a physical or mental condition that would prevent him

from meeting the requirement; or

(iii) there are exceptional compassionate circumstances that would prevent

the applicant from meeting the requirement; or

(b) the applicant is a national of one of the following countries: Antigua and

Barbuda; Australia, the Bahamas, Barbados; Belize; British Overseas

Territories; Canada; Dominica; Grenada; Guyana; Jamaica; New Zealand; St

Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and

Tobago; United States of America; or

vocational qualification), which is deemed by Ecctis to meet the recognised

standard of a Bachelor’s or Master’s Degree or PhD in the United Kingdom,

from an educational establishment in one of the following countries: Antigua

and Barbuda; Australia, the Bahamas, Barbados; Belize; British Overseas

Territories; Dominica; Grenada; Guyana; Ireland; Jamaica; New Zealand; St

Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and

Tobago; the UK; the United States of America; and provides the specified

documents; or

(d) the applicant has obtained an academic qualification (not a professional or

vocational qualification) which is deemed by Ecctis to meet the recognised

standard of a Bachelor’s or Master’s degree or PhD in the United Kingdom,

and

(1) provides the specified evidence to show he has the qualification, and

(2) Ecctis has confirmed that the qualification was taught or researched in

English, or

(e) has obtained an academic qualification (not a professional or vocational

qualification) which is deemed by Ecctis to meet the recognised standard of a

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Bachelor’s or Master’s degree or PhD in the United Kingdom, and provides

the specified evidence to show:

(1) he has the qualification, and

(2) that the qualification was taught or researched in English.

Extension of stay as the spouse or civil partner of a person present and settled

in Jersey

285. An extension of stay as the spouse or civil partner of a person present and settled

in Jersey may be granted for a period of 2 years in the first instance, provided the Minister

is satisfied that each of the requirements of paragraphs 284 is met.

Refusal of extension of stay as the spouse or civil partner of a person present

and settled in Jersey

286. An extension of stay as the spouse or civil partner of a person present and settled

in Jersey is to be refused if the Minister is not satisfied that each of the requirements of

paragraph 284 is met.

Requirements for indefinite leave to remain for the spouse or civil partner of

a person present and settled in Jersey

287.

(a) The requirements for indefinite leave to remain for the spouse or civil partner

of a person present and settled in Jersey are that:

(i) the applicant was admitted to Jersey for a period not exceeding 27

months or, given an extension of stay, for a period of 2 years, and has

completed a period of 2 years as the spouse or civil partner of a person

present and settled in Jersey; or

(ii) was admitted to Jersey in accordance with leave granted under

paragraph 282(c); and

(iii) the applicant is still the spouse or civil partner of the person he or she

was admitted or granted an extension of stay to join and the marriage or

civil partnership is subsisting; and

(iv) each of the parties intends to live permanently with the other as his or

her spouse or civil partner; and

(v) there will be adequate accommodation for the parties and any

dependants without recourse to public funds in accommodation which

they own or occupy exclusively; and

(vi) the parties will be able to maintain themselves and any dependants

adequately without recourse to public funds; and

(vii) the applicant has demonstrated sufficient knowledge of the English

language and sufficient knowledge about life in the United Kingdom and

Jersey, in accordance with Appendix KoLL; and

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(viii) the applicant does not fall for refusal under the general grounds for

refusal.

(b) The requirements for indefinite leave to remain for the bereaved spouse or

civil partner of a person who was present and settled in Jersey are that:

(i) the applicant was admitted to Jersey for a period not exceeding 27

months or given an extension of stay for a period of 2 years and has

completed a period of 2 years; and

(ii) the person whom the applicant was admitted or granted an extension of

stay to join died during that period of leave; and

(iii) the applicant was still the spouse or civil partner of the person he or she

was admitted or granted an extension of stay to join at the time of the

death; and

(iv) each of the parties intended to live permanently with the other as his or

her spouse or civil partner and the marriage or civil partnership was

subsisting at the time of the death; and

(v) the applicant does not fall for refusal under the general grounds for

refusal.

Indefinite leave to remain for the spouse or civil partner of a person present

and settled in Jersey

288. Indefinite leave to remain for the spouse or civil partner of a person present and

settled in Jersey may be granted provided the Minister is satisfied that each of the

requirements of either paragraph 287(a) or (b) are met.

Refusal of indefinite leave to remain for the spouse or civil partner of a person

present and settled in Jersey

289. Indefinite leave to remain for the spouse or civil partner of a person present and

settled in Jersey is to be refused if the Minister is not satisfied that each of the requirements

of either paragraph 287(a) or (b) are met.

VICTIMS OF DOMESTIC VIOLENCE

A289 From 8 May 2024, an application for settlement from a victim of domestic abuse (and

any dependent children), must be made under Appendix Victim of Domestic Abuse (and

any application for settlement will not be considered under this Part).

Requirements for indefinite leave to remain in Jersey as the victim of domestic

violence

289A. [deleted]

Indefinite leave to remain as the victim of domestic violence

289B. [deleted]

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Refusal of indefinite leave to remain as the victim of domestic violence

289C. [deleted]

289D. [deleted]

FIANCÉ(E)S AND PROPOSED CIVIL PARTNERS

289AA. Nothing in these Rules shall be construed as permitting a person to be granted

entry clearance, leave to enter or variation of leave as a fiancé(e) or proposed civil partner

if either the applicant or the sponsor will be aged under 18 on the date of arrival of the

applicant to Jersey or (as the case may be) on the date on which the leave to enter or

variation of leave would be granted.

Requirements for leave to enter Jersey as a fiancé(e) or proposed civil partner

(i.e. with a view to marriage and permanent settlement in Jersey)

290. The requirements to be met by a person seeking leave to enter Jersey as a fiancé(e)

or proposed civil partner are that:

(i) the applicant is seeking leave to enter Jersey for marriage or civil partnership to a

person present and settled in Jersey or who is on the same occasion being admitted

for settlement; and

(ii) the parties to the proposed marriage or civil partnership have met; and

(iii) each of the parties intends to live permanently with the other as his or her spouse

or civil partnership after the marriage, and

(iv) adequate maintenance and accommodation without recourse to public funds will be

available for the applicant until the date of the marriage or civil partnership; and

(v) there will, after the marriage or civil partnership, be adequate accommodation for

the parties and any dependants without recourse to public funds in accommodation

which they own or occupy exclusively; and

(vi) the parties will be able after the marriage or civil partnership to maintain themselves

and any dependants adequately without recourse to public funds; and

(a) the applicant provides an original English language test certificate in speaking

and listening from an English language test provider approved by the

Secretary of State for the respective purposes, as listed on the gov.uk website,

which clearly shows the applicant’s name and the qualification obtained (which

must meet or exceed level A1 of the Common European Framework of

Reference) unless:

(i) the applicant is aged 65 or over at the time he makes his application;

(ii) the applicant has a physical or mental condition that would prevent him

from meeting the requirement; or

(iii) there are exceptional compassionate circumstances that would

prevent the applicant from meeting the requirement;

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(b) the applicant is a national of one of the following countries: Antigua and

Barbuda; Australia, the Bahamas, Barbados; Belize; British Overseas

Territories; Canada; Dominica; Grenada; Guyana; Jamaica; New Zealand; St

Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and

Tobago; the UK; United States of America; or

vocational qualification), which is deemed by Ecctis to meet the recognised

standard of a Bachelor’s or Master’s degree or PhD in the United Kingdom,

from an educational establishment in one of the following countries: Antigua

and Barbuda; Australia, the Bahamas, Barbados; Belize; British Overseas

Territories; Dominica; Grenada; Guyana; Jamaica; New Zealand; St Kitts and

Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; the UK;

United States of America; and provides the specified documents; or

(d) the applicant has obtained an academic qualification (not a professional or

vocational qualification) which is deemed by Ecctis to meet the recognised

standard of a Bachelor’s or Master’s degree or PhD degree in the United

Kingdom; and

(1) provides the specified evidence to show he has the qualification, and

(2) Ecctis has confirmed that the qualification was taught or researched in

English, or

(e) has obtained an academic qualification (not a professional or vocational

qualification) which is deemed by Ecctis to meet the recognised standard of a

Bachelor’s or Master’s degree or PhD in the United Kingdom, and provides

the specified evidence to show:

(1) he has the qualification, and

(2) that the qualification was taught or researched in English, and

(vii) the applicant holds a valid entry clearance for entry in this capacity.

290A. For the purposes of paragraph 290 and paragraphs 291-295, an EEA national shall

be considered to be settled upon arrival in Jersey.

Leave to enter as a fiancé(e) or proposed civil partner

291. A person seeking leave to enter Jersey as a fiancé(e) or proposed civil partner may

be admitted with a prohibition on employment, for a period not exceeding 6 months to

enable the marriage or civil partnership to take place provided a valid entry clearance for

entry in this capacity is produced to the Immigration Officer on arrival.

Refusal of leave to enter as a fiancé(e) or proposed civil partner

292. Leave to enter Jersey as a fiancé(e) or proposed civil partner may be refused if a

valid entry clearance for entry in this capacity is not produced to the Immigration Officer on

arrival.

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Requirements for an extension of stay as a fiancé(e) or proposed civil partner

293. The requirements for an extension of stay as a fiancé(e) or proposed civil partner

are that:

(i) the applicant was admitted to Jersey with a valid entry clearance as a fiancé(e) or

proposed civil partner; and

(ii) good cause is shown why the marriage or civil partnership did not take place within

the initial period of leave granted under paragraph 291; and

(iii) there is satisfactory evidence that the marriage or civil partnership will take place at

an early date; and

(iv) the requirements of paragraph 290 (ii)-(vii) are met.

Extension of stay as a fiancé(e) or civil partner

294. An extension of stay as a fiancé(e) or proposed civil partner may be granted for an

appropriate period with a prohibition on employment to enable the marriage or civil

partnership to take place provided the Minister is satisfied that each of the requirements of

paragraph 293 is met.

Refusal of extension of stay as a fiancé(e) or proposed civil partner

295. An extension of stay is to be refused if the Minister is not satisfied that each of the

requirements of paragraph 293 is met.

LEAVE TO ENTER AS THE UNMARRIED PARTNER OF A PERSON PRESENT

AND SETTLED IN JERSEY OR BEING ADMITTED ON THE SAME OCCASION

FO R SETTLEMENT

295AA. Nothing in these Rules shall be construed as permitting a person to be granted

entry clearance, leave to enter or variation of leave as an unmarried partner if either the

applicant or the sponsor will be aged under 18 on the date or arrival of the applicant in

Jersey or (as the case may be) on the date on which the leave to enter or variation of leave

would be granted.

Requirements for leave to enter Jersey with a view to settlement as the

unmarried partner of a person present and settled in Jersey or being admitted

on the same occasion for settlement

295A. The requirements to be met by a person seeking leave to enter Jersey with a view

to settlement as the unmarried partner of a person present and settled in Jersey or being

admitted on the same occasion for settlement, are that:

(i)

(a)

(i) the applicant is the unmarried partner of a person present and settled in

Jersey or who is on the same occasion being admitted for settlement

and the parties have been living together in a relationship akin to

marriage which has subsisted for 2 years or more; and

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(ii) The applicant provides an original English language test certificate in

speaking and listening from an English language test provider approved

by the Secretary of State for the respective purposes, as listed on the

gov.uk website, which clearly shows the applicant’s name and the

qualification obtained (which must meet or exceed level A1 of the

Common European Framework of Reference) unless:

(a) the applicant is aged 65 or over at the time he makes his

application; or

(b) the applicant has a physical or mental condition that would

prevent him from meeting the requirement; or

would prevent the applicant from meeting the requirement; or

(iii) the applicant is a national of one of the following countries: Antigua and

Barbuda; Australia, the Bahamas, Barbados; Belize; British Overseas

Territories; Canada; Dominica; Grenada; Guyana; Jamaica; New

Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines;

Trinidad and Tobago; United States of America; or

(iv) the applicant has obtained an academic qualification (not a professional

or vocational qualification) which is deemed by Ecctis to meet the

recognised standard of a Bachelor’s or Master’s degree of PhD in the

United Kingdom, from an educational establishment in one of the

following countries: Antigua and Barbuda; Australia, the Bahamas,

Barbados; Belize; British Overseas Territories; Dominica; Grenada;

Guyana; Ireland; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St

Vincent and the Grenadines; Trinidad and Tobago; the UK; the United

States of America; and provides the specified documents; or

(v) the applicant has obtained an academic qualification (not a professional

or vocational qualification) which is deemed by Ecctis to meet the

recognised standard of a Bachelor’s or Master’s degree or PhD in the

United Kingdom, and:

(1) provides the specified evidence to show he has the qualification,

and

(2) Ecctis has confirmed that the qualification was taught or

researched in English, or

(vi) has obtained an academic qualification (not a professional or vocational

qualification) which is deemed by Ecctis to meet the recognised standard

of a Bachelor’s or Master’s degree or PhD in the United Kingdom, and

provides the specified evidence to show:

(1) he has the qualification, and

(2) that the qualification was taught or researched in English

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(b)

(i) the applicant is the unmarried partner of a person who has a right of

abode in Jersey or indefinite leave to enter in Jersey and is on the same

occasion seeking admission to Jersey for the purposes of settlement and

the parties have been living together outside Jersey in a relationship akin

to marriage which has subsisted for 4 years or more; and

(ii) the applicant has demonstrated sufficient knowledge of the English

language and sufficient knowledge about life in the United Kingdom and

Jersey; and

(iii) the applicant does not fall for refusal under general grounds for refusal.

(ii) any previous marriage or civil partnership (or similar relationship) by either partner

has permanently broken down; and

(iii) the parties are not involved in a consanguineous relationship with one another; and

(iv) there will be adequate accommodation for parties and any dependants without

recourse to public funds in accommodation which they own or occupy exclusively;

and

(v) the parties will be able to maintain themselves and any dependants adequately

without recourse to public funds; and

(vi) the parties intend to live together permanently; and

(vii) the applicant holds a valid entry clearance for entry in this capacity; and

(viii) the applicant does not fall for refusal under the general grounds for refusal.

For the purposes of this paragraph and paragraphs 295B-295I, a member of HM Forces

serving overseas, or a permanent member of HM Diplomatic Service or a comparable UK-

based staff member of the British Council on a tour of duty abroad, or a staff member of the

Department for International Development who is a British citizen or is settled in Jersey, is

to be regarded as present and settled in Jersey.

Leave to enter Jersey with a view to settlement as the unmarried partner of a

person present and settled in Jersey or being admitted on the same occasion

for settlement

295B. A person seeking leave to enter Jersey as the unmarried partner of a person present

and settled in Jersey or who is on the same occasion being admitted for settlement may:

(a) in the case of a person who meets the requirements of paragraph 295A (i)(a)(i) and

one of the requirements of paragraph 295A (i)(a)(ii-vi), be admitted for an initial

period not exceeding 27 months; or

(b) in the case of a person who meets all of the requirements in paragraph 295A(i)(b),

be granted indefinite leave to enter; or

not the requirement in paragraph 295A(i)(b)(ii), be admitted for an initial period not

exceeding 27 months.

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In all cases provided the Immigration Officer is satisfied that each of the relevant

requirements of paragraph 295A is met.

Refusal of leave to enter Jersey with a view to settlement as the unmarried

partner of a person present and settled in Jersey or being admitted on the

same occasion for settlement

295C. Leave to enter Jersey with a view to settlement as the unmarried partner of a person

present and settled in Jersey or being admitted on the same occasion for settlement, is to

be refused if the Immigration Officer is not satisfied that each of the relevant requirements

of paragraph 295A is met.

LEAVE TO REMAIN AS THE UNMARRIED PARTNER OF A PERSON PRESENT

AND SETTLED IN JERSEY

Requirements for leave to remain as the unmarried partner of a person

present and settled in Jersey

295D. The requirements to be met by a person seeking leave to remain as the unmarried

partner of a person present and settled in Jersey are that:

(i) the applicant has limited leave to enter or remain in Jersey which was given in

accordance with any of the provisions of these Rules, other than where as a result

of that leave he would not have been in Jersey beyond 6 months from the date on

which he was admitted to Jersey on this occasion in accordance with these Rules;

and

(ii) any previous marriage or civil partnership (or similar relationship) by either partner

has permanently broken down; and

(iii) the applicant is the unmarried partner of a person who is present and settled in

Jersey; and

(iv) the applicant has not remained in breach of the immigration laws; and

(v) the parties are not involved in a consanguineous relationship with one another; and

(vi) the parties have been living together in a relationship akin to marriage which has

subsisted for 2 years or more; and

(vii) the parties’ relationship pre-dates any decision to deport the applicant, recommend

him for deportation, give him notice under section 6(2) of the Immigration Act 1971,

or give Rules for his removal under section 10 of the Immigration and Asylum Act

1999; and

(viii) there will be adequate accommodation for the parties and any dependants without

recourse to public funds in accommodation which they own or occupy exclusively;

and

(ix) the parties will be able to maintain themselves and any dependants adequately

without recourse to public funds; and

(x) the parties intend to live together permanently; and

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(a) the applicant provides an original English language test certificate in speaking

and listening from an English language test provider approved by the

Secretary of State for the respective purposes, as listed on the gov.uk website,

which clearly shows the applicant’s name and the qualification obtained (which

must meet or exceed level A1 of the Common European Framework of

Reference) unless;

(i) the applicant is aged 65 or over at the time he makes the application; or

(ii) the applicant has a physical or mental condition that would prevent him

from meeting the requirement; or

(iii) there are exceptional compassionate circumstances that would prevent

the applicant from meeting the requirement; or

(b) the applicant is a national of one of the following countries: Antigua and

Barbuda; Australia, the Bahamas, Barbados; Belize; British Overseas

Territories; Canada; Dominica; Grenada; Guyana; Jamaica; New Zealand; St

Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and

Tobago; United States of America; or

vocational qualification) which is deemed by Ecctis to meet the recognised

standard of a Bachelor’s or Master’s degree or PhD in the United Kingdom,

from and educational establishment in one of the following countries: Antigua

and Barbuda; Australia, the Bahamas, Barbados; Belize; British Overseas

Territories; Dominica; Grenada; Guyana; Ireland, Jamaica; New Zealand; St

Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and

Tobago; the UK, the United States of America; and provides the specified

documents; or

(d) the applicant has obtained an academic qualification (not a professional or

vocational qualification) which is deemed by Ecctis to meet the recognised

standard of a Bachelor’s or Master’s degree or PhD in the United Kingdom,

and

(1) provides the specified evidence to show he has the qualification, and

(2) Ecctis has confirmed that the qualification was taught or researched in

English, or

(e) has obtained an academic qualification (not a professional or vocational

qualification) which is deemed by Ecctis to meet the recognised standard of a

Bachelor’s or Master’s degree or PhD in the United Kingdom, and provides

the specified evidence to show:

(1) he has the qualification, and

(2) that the qualification was taught or researched in English.

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Leave to remain as the unmarried partner of a person present and settled in

Jersey

295E. Leave to remain as the unmarried partner of a person present and settled in Jersey

may be granted for a period of 2 years in the first instance provided that the Minister is

satisfied that each of the requirements of paragraph 295D are met.

Refusal of leave to remain as the unmarried partner of a person present and

settled in Jersey

295F. Leave to remain as the unmarried partner of a person present and settled in Jersey

is to be refused if the Minister is not satisfied that each of the requirements of paragraph

295D is met.

INDEFINITE LEAVE TO REMAIN AS THE UNMARRIED PARTNER OF A

PERSON PRESENT AND SETTLED IN JERSEY

Requirements for indefinite leave to remain as the unmarried partner of a

person present and settled in Jersey.

295G. The requirements to be met by a person seeking indefinite leave to remain as the

unmarried partner of a person present and settled in Jersey are that:

(i) the applicant was admitted to Jersey for a period not exceeding 27 months or given

an extension of stay for a period of 2 years and has completed a period of 2 years

as the unmarried partner of a person present and settled here; or

(ii) was admitted to Jersey in accordance with leave granted under paragraph 295B(c);

and

(iii) the applicant is still the unmarried partner of the person he was admitted or granted

an extension of stay to join and the relationship is still subsisting; and

(iv) each of the parties intends to live permanently with the other as his partner; and

(v) there will be adequate accommodation for the parties and any dependants without

recourse to public funds in accommodation which they own or occupy exclusively;

and

(vi) the parties will be able to maintain themselves and any dependants adequately

without recourse to public funds; and

(vii) the applicant has demonstrated sufficient knowledge of the English language and

sufficient knowledge about life in the United Kingdom and Jersey, in accordance

with Appendix KoLL; and

(viii) the applicant does not fall for refusal under general grounds for refusal.

Indefinite leave to remain as the unmarried partner of a person present and

settled in Jersey

295H. Indefinite leave to remain as the unmarried partner of a person present and settled

in Jersey may be granted provided that the Minister is satisfied that each of the requirements

of paragraph 295G is met.

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Refusal of indefinite leave to remain as the unmarried partner of a person

present and settled in Jersey

295I. Indefinite leave to remain as the unmarried partner of a person present and settled

in Jersey is to be refused if the Minister is not satisfied that each of the requirements of

paragraph 295G is met.

LEAVE TO ENTER OR REMAIN AS THE UNMARRIED PARTNER OF A PERSON

WITH LIMITED LEAVE TO ENTER OR REMAIN IN JERSEY UNDER

PARAGRAPHS 128-193 OR 200-239

295IA. Nothing in paragraphs 295J-295L is to be construed as allowing a person to be

granted entry clearance, leave to enter, leave to remain or variation of leave as the

unmarried partner of a person granted entry clearance or leave to enter under paragraph

159A where that entry clearance or leave to enter was granted under 159A on or after 6

April 2012.

Requirements for leave to enter or remain as the unmarried partner of a

person with limited leave to enter or remain in Jersey under paragraphs 128-

193 or 200-239

295J. The requirements to be met by a person seeking leave to enter or remain as the

unmarried partner of a person with limited leave to enter or remain in Jersey under

paragraphs 128-193 or 200-239; are that:

(i) the applicant is the unmarried partner of a person who has limited leave to enter or

remain in Jersey under paragraphs 128-193 or 200-239 for longer than 12 months:

and

(ii) any previous marriage or civil partnership (or similar relationship) by either partner

has permanently broken down; and

(iii) the parties are not involved in a consanguineous relationship with one another; and

(iv) the parties have been living together in a relationship akin to marriage which has

subsisted for 2 years or more; and

(v) each of the parties intends to live with the other as his partner during the applicant’s

stay; and

(vi) there will be adequate accommodation for the parties and any dependants without

recourse to public funds in accommodation which they own or occupy exclusively;

and

(vii) the parties will be able to maintain themselves and any dependants adequately

without recourse to public funds; and

(viii) the applicant does not intend to stay in Jersey beyond any period of leave granted

to his partner; and

(ix) if seeking leave to enter, the applicant holds a valid entry clearance for entry in this

capacity or, if seeking leave to remain, was admitted with a valid entry clearance for

entry in this capacity.

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Leave to enter or remain as the unmarried partner of a person with limited

leave to enter or remain in Jersey under paragraphs 128-193 or 200-239

295K. Leave to enter as the unmarried partner of a person with limited leave to enter or

remain in Jersey under paragraphs 128-193 or 200-239 may be granted provided that a

valid entry clearance for entry in this capacity is produced to the Immigration on arrival.

Leave to remain as the unmarried partner or a person with limited leave to enter or remain

in Jersey under paragraphs 128-193 or 200-239 may be granted provided the Minister is

satisfied that each of the requirements of paragraph 295J is met.

Refusal of leave to enter or remain as the unmarried partner of a person with

limited leave to enter or remain in Jersey under paragraphs 128-193 or 200-

239

295L. Leave to enter as the unmarried partner of a person with limited leave to enter or

remain in Jersey under paragraphs 128-193 or 200-239 is to be refused if a valid entry

clearance for entry in this capacity is not produced to the Immigration Officer on arrival.

Leave to remain as the unmarried partner of a person with limited leave to enter or remain

in Jersey under paragraphs 128-193 or 200-239 is to be refused if the Minister is not

satisfied that each of the requirements of paragraph 295J is met.

INDEFINITE LEAVE TO REMAIN FOR THE BEREAVED UNMARRIED PARTNER

OF A PERSON PRESENT AND SETTLED IN JERSEY

Requirements for indefinite leave to remain for the bereaved unmarried

partner of a person present and settled in Jersey

295M. The requirements to be met by a person seeking indefinite leave to remain as the

bereaved unmarried partner of a person present and settled in Jersey are that:

(i) the applicant was admitted to Jersey for a period not exceeding 27 months or given

an extension of stay for a period of 2 years as the unmarried partner of a person

present and settled in Jersey; and

(ii) the person whom the applicant was admitted or granted an extension of stay to join

died during that period of leave; and

(iii) the applicant was still the unmarried partner of the person he was admitted or

granted an extension of stay to join at the time of the death; and

(iv) each of the parties intended to live permanently with the other as his partner and the

relationship was subsisting at the time of the death; and

(v) the applicant does not fall for refusal under the general grounds for refusal.

Indefinite leave to remain for the bereaved unmarried partner of a person

present and settled in Jersey

295N. Indefinite leave to remain for the bereaved unmarried partner of a person present

and settled in Jersey may be granted provided that the Minister is satisfied that each of the

requirements of paragraph 295M is met.

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Refusal of indefinite leave to remain for the bereaved unmarried partner of a

person present and settled in Jersey

295O. Indefinite leave to remain for the bereaved unmarried partner of a person present

and settled in Jersey is to be refused if the Minister is not satisfied that each of the

requirements of paragraph 295M is met.

CHILDREN

296. Nothing in these Rules shall be construed as permitting a child to be granted entry

clearance, leave to enter or remain, or variation of leave where his parent is party to a

polygamous marriage or civil partnership and any application by that parent for admission

or leave to remain for settlement or with a view to settlement would be refused pursuant to

paragraph 278 or paragraph 3 of Appendix FM (J).

LEAVE TO ENTER OR REMAIN IN JERSEY AS THE CHILD OF A PARENT,

PARENTS OR A RELATIVE PRESENT AND SETTLED OR BEING ADMITTED

FOR SETTLEMENT IN JERSEY

Requirements for indefinite leave to enter Jersey as the child of a parent,

parents or a relative present and settled or being admitted for settlement in

Jersey

297. The requirements to be met by a person seeking indefinite leave to enter Jersey as

the child of a parent, parents or a relative present and settled or being admitted for

settlement in Jersey are that he:

(i) is seeking leave to enter to accompany or join a parent, parents or a relative in one

of the following circumstances:

(a) both parents are present and settled in Jersey; or

(b) both parents are being admitted on the same occasion for settlement; or

the same occasion for settlement; or

(d) one parent is present and settled in Jersey or being admitted on the same

occasion for settlement and the other parent is dead; or

(e) one parent is present and settled in Jersey or being admitted on the same

occasion for settlement and has had sole responsibility for the child’s

upbringing; or

(f) one parent or a relative is present and settled in Jersey or being admitted on

the same occasion for settlement and there are serious and compelling family

or other considerations which make exclusion of the child undesirable and

suitable arrangements have been made for the child’s care; and

(ii) is under the age of 18; and

(iii) is not leading an independent life, is unmarried, and has not formed an independent

family unit; and

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(iv) can, and will, be accommodated adequately by the parent, parents, or relative the

child is seeking to join, without recourse to public funds in accommodation which the

parent, parents or relative the child is seeking to join, own or occupy exclusively;

and

(v) can, and will, be maintained adequately by the parent, parents, or relative the child

is seeking to join, without recourse to public funds, and

(vi) holds a valid entry clearance for entry in this capacity; and

(vii) does not fall for refusal under the general grounds for refusal.

Requirements for indefinite leave to remain in Jersey as the child of a parent,

parents or a relative present and settled or being admitted for settlement in

Jersey are that he:

298. The requirements to be met by a person seeking indefinite leave to remain in Jersey

as the child of a parent, parents or a relative present and settled in Jersey are that he:

(i) is seeking to remain with a parent, parents or a relative in one of the following

circumstances:

(a) both parents are present and settled in Jersey; or

(b) one parent is present and settled in Jersey and the other parent is dead; or

the child’s upbringing or the child normally lives with his parent and not their

other parent; or

(d) one parent or a relative is present and settled in Jersey and there are serious

and compelling family or other considerations which make exclusion of the

child undesirable and suitable arrangements have been made for the child’s

care; and

(ii) has or has had limited leave to enter or remain in Jersey; and

(a) is under the age of 18; or

(b) was given leave to enter or remain with a view to settlement under paragraph

302; and

(iii) is not leading an independent life, is unmarried, and has not formed an independent

family unit; and

(iv) can, and will, be maintained adequately by the parent, parents or relative the child

was admitted to join, without recourse to public funds in accommodation which the

parent, parents or relative the child was admitted to join, own or occupy exclusively;

and

(v) can, and will, be maintained adequately by the parent, parents or relative the child

was admitted to join, without recourse to public funds; and

(vi) does not fall for refusal under the general grounds for refusal; and

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(vii) if aged 18 or over, was admitted to Jersey under paragraph 302 and has

demonstrated sufficient knowledge of the English language and sufficient

knowledge about life in the United Kingdom and Jersey, in accordance with

Appendix KoLL.

Indefinite leave to enter or remain in Jersey as the child of a parent, parents

or a relative present and settled or being admitted for settlement in Jersey

299. Indefinite leave to enter Jersey as the child of a parent, parents or a relative present

and settled or being admitted for settlement in Jersey may be granted provided a valid entry

clearance for entry in this capacity is produced to the Immigration Officer on arrival.

Indefinite leave to remain in Jersey as the child of a parent, parents or a relative present

and settled in Jersey may be granted provided the Minister is satisfied that each of the

requirements of paragraph 298 is met.

Refusal of indefinite leave to enter or remain in Jersey as the child of a parent,

parents or a relative present and settled or being admitted for settlement in

Jersey

300. Indefinite leave to enter Jersey as the child of a parent, parents or a relative present

and settled or being admitted for settlement in Jersey is to be refused if a valid entry

clearance for entry in this capacity is not produced to the Immigration Officer on arrival.

Indefinite leave to remain in Jersey as the child of a parent, parents or a relative present

and settled in Jersey is to be refused if the Minister is not satisfied that each of the

requirements of paragraph 298 is met.

Requirements for limited leave to enter or remain in Jersey with a view to

settlement as the child of a parent or parents given limited leave to enter or

remain in the Jersey with a view to settlement

301. The requirements to be met by a person seeking limited leave to enter or remain in

Jersey with a view to settlement as the child of a parent or parents given limited leave to

enter or remain in Jersey with a view to settlement are that he:

(i) is seeking leave to enter or accompany or join or remain with a parent or parents in

one of the following circumstances:

(a) one parent is present and settled in Jersey or being admitted on the same

occasion for settlement and the other parent is being or has been given limited

leave to enter or remain in Jersey with a view to settlement; or

(b) one parent is being or has been given limited leave to enter or remain in Jersey

with a view to settlement and has had sole responsibility for the child’s

upbringing; or

with a view to settlement and there are serious and compelling family or other

considerations which make exclusion of the child undesirable and suitable

arrangements have been made for the child’s care; and

(ii) is under the age of 18; and

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(iii) is not leading an independent life, is unmarried, and has not formed an independent

family unit; and

(iv) can, and will, be accommodated adequately without recourse to public funds, in

accommodation which the parent or parents own or occupy exclusively; and

(v) can, and will, be maintained adequately by the parent or parents without recourse

to public funds; and

(vi) (where an application is made for limited leave to remain with a view to settlement)

has limited leave to enter or remain in Jersey; and

(vii) if seeking leave to enter, holds a valid entry clearance for entry in this capacity or, if

seeking leave to remain, was admitted with a valid entry clearance for entry in this

capacity.

Limited leave to enter or remain in Jersey with a view to settlement as the

child of a parent or parents given limited leave to enter or remain in Jersey

with a view to settlement

302. A person seeking limited leave to enter Jersey with a view to settlement as the child

of a parent or parents or parents given limited leave to enter or remain in Jersey with a view

to settlement may be admitted for a period not exceeding 33 months provided he is able,

on arrival, to produce to the Immigration Officer a valid entry clearance for entry in this

capacity. A person seeking limited leave to remain in Jersey with a view to settlement as

the child of a parent or parents given limited leave to enter or remain in Jersey with a view

to settlement may be given limited leave to remain for a period not exceeding 33 months

provided the Minister is satisfied that each of the requirements of paragraph 301 (i)-(vi) is

met.

Refusal of limited leave to enter or remain in Jersey with a view to settlement

as the child of a parent or parents given limited leave to enter or remain in

Jersey with a view to settlement

303. Limited leave to enter Jersey with a view to settlement as the child of a parent or

parents given limited leave to enter or remain in Jersey with a view to settlement is to be

refused if a valid entry clearance for entry in this capacity is not produced to the Immigration

Officer on arrival. Limited leave to remain in Jersey with a view to settlement as the child

of a parent or parents given limited leave to enter or remain in Jersey with a view to

settlement is to be refused if the Minister is not satisfied that each of the requirements of

paragraph 301 (i)-(vi) is met.

LEAVE TO ENTER AND EXTENSION OF STAY IN JERSEY AS THE CHILD OF

A PARENT WHO IS BEING, OR HAS BEEN ADMITTED TO JERSEY AS A

FIANCÉ(E) OR PROPOSED CIVIL PARTNER

Requirements for limited leave to enter Jersey as the child of a fiancé(e) or

proposed civil partner

303A. The requirements to be met by a person seeking limited leave to enter Jersey as the

child of a fiancé(e) or proposed civil partner are that:

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(i) he is seeking to accompany or join a parent who is, on the same occasion that the

child seeks admission, being admitted as a fiancé(e) or proposed civil partner, or

who has been admitted as a fiancé(e) or proposed civil partner, and

(ii) he is under the age of 18; and

(iii) he is not leading an independent life, is unmarried, and has not formed and

independent family unit; and

(iv) he can and will be maintained and accommodated adequately without recourse to

public funds with the parent admitted or being admitted as a fiancé(e) or proposed

civil partner; and

(v) there are serious and compelling family or other considerations which make the

child’s exclusion undesirable, that suitable arrangements have been made for his

care in Jersey, and there is no other person outside Jersey who could reasonably

be expected to care for him; and

(vi) he holds a valid entry clearance for entry in this capacity.

Limited leave to enter Jersey as the child of a parent who is being, or has been

admitted to Jersey as a fiancé(e) or proposed civil partner

303B. A person seeking limited leave to enter Jersey as the child of a fiancé(e) or proposed

civil partner, may be granted limited leave to enter Jersey for a period not in excess of that

granted to the fiancé(e) or proposed civil partner provided that a valid entry clearance for

entry in this capacity is produced to the Immigration Officer on arrival. Where the period of

limited leave granted to a fiancé(e) or proposed civil partner will expire in more than 6

months, a person seeking limited leave to enter as the child of the fiancé(e) or proposed

civil partner should be granted leave for a period not exceeding 6 months.

Refusal of limited leave to enter Jersey as the child of a parent who is being,

or has been admitted to Jersey as a fiancé(e) or proposed civil partner

303C. Limited leave to enter Jersey as the child of a fiancé(e) or proposed civil partner is

to be refused if a valid entry clearance for entry in this capacity is not produced to the

Immigration Officer on arrival.

Requirements for an extension of stay in Jersey as the child of a fiancé(e) or

proposed civil partner

303D. The requirements to be met by a person seeking an extension of stay in Jersey as

the child of a fiancé(e) or proposed civil partner are that:

(i) the applicant was admitted with a valid entry clearance as the child of a fiancé(e) or

proposed civil partner; and

(ii) the applicant is the child of a parent who has been granted limited leave to enter; or

an extension of stay, as a fiancé(e) or proposed civil partner; and

(iii) the requirements of paragraph 303A (ii)-(v) are met.

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Extension of stay in Jersey as the child of a fiancé(e) or proposed civil partner

303E. An extension of stay as the child of a fiancé(e) or proposed civil partner may be

granted provided that the Minister is satisfied that each of the requirements of paragraph

303D is met.

Refusal of an extension of stay in Jersey as the child of a fiancé(e) and

proposed civil partner

303F. An extension of stay as the child of a fiancé(e) or proposed civil partner is to be

refused if the Minister is not satisfied that each of the requirements of paragraph 303D is

met.

CHILDREN BORN IN JERSEY WHO ARE NOT BRITISH CITIZENS

304. This paragraph and paragraphs 305-309 apply only to unmarried dependent children

under 18 years of age who were born in Jersey on or after 1 January 1983 (when the British

Nationality Act 1981 came into force) but who, because neither of their parents was a British

citizen or settled in Jersey at the time of their birth, are not British citizens and are therefore

subject to immigration control. Such a child requires leave to enter where admission to

Jersey is sought and leave to remain where permission is sought for the child to be allowed

to stay in Jersey. If he qualifies for entry clearance, leave to enter or leave to remain under

any other part of these Rules, a child who was born in Jersey but is not a British citizen may

be granted entry clearance, leave to enter or leave to remain in accordance with the

provisions of that other part.

Requirements for leave to enter or remain in Jersey as the child of a parent or

parents given leave to enter or remain in Jersey

305. The requirements to be met by a child born in Jersey who is not a British citizen who

seeks leave to enter or remain in Jersey as the child of a parent or parents given leave to

enter or remain in Jersey are that he:

(i)

(a) is accompanying or seeking to join or remain with a parent or parents who

have, or are given, leave to enter or remain in Jersey; or

(b) is accompanying or seeking to join or remain with a parent or parents one of

whom is a British citizen or has the right of abode in Jersey; or

in a local authority; and

(ii) is under the age of 18; and

(iii) was born in Jersey; and

(iv) is not leading an independent life, is unmarried, and has not formed an independent

family unit; and

(v) (where an application is made for leave to enter) has not been away from Jersey for

more than 2 years.

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Leave to enter or remain in Jersey

306. A child born in Jersey who is not a British citizen and who requires leave to enter or

remain in the circumstances set out in paragraph 305 may be given leave to enter for the

same period as his parent or parents where paragraph 305 (i)(a) applies, provided that the

Immigration Officer is satisfied that each of the requirements of paragraph 305 (ii)-(v) is

met. Where leave to remain is sought, the child may be granted leave to remain for the

same period as his parent or parents where paragraph 305 (i)(a) applies, provided the

Minister is satisfied that each of the requirements of 305 (ii)-(iv) is met. Where the parent

or parents have or are given periods of leave of different duration, the child may be given

leave to remain for whichever period is longer except that if the parents are living apart the

child should be given leave for the same period as the parent who has day to day

responsibility for him.

307. If a child does not qualify for leave to enter or remain because neither of his parents

has a current leave, (and neither of them is a British citizen or has the right of abode), he

will normally be refused leave to enter or remain, even if the conditions in paragraph 305

(ii)-(v) are met. However, he may be granted leave to enter or remain for a period not

exceeding 3 months if both of his parents are in Jersey and it appears unlikely that they will

be removed in the immediate future, and there is no other person outside Jersey who could

reasonably be expected to care for him.

308. A child born in Jersey who is not a British citizen and who requires leave to enter or

remain in Jersey in the circumstances set out in paragraph 304 may be given indefinite

leave to enter where paragraph 305 (i)(b) or (i)(c) applies provided the Immigration Officer

is satisfied that each of the requirements of paragraph 305 (ii)-(v) is met. Where an

application is for leave to remain, such a child may be granted indefinite leave to remain

where paragraph 305(i)(b) or (i)(c) applies, provided the Minister is satisfied that each of

the requirements of paragraph 305 (ii)-(iv) is met.

Refusal of leave to enter or remain in Jersey

309. Leave to enter Jersey where the circumstances set out in paragraph 304 apply is to

be refused if the Immigration Officer is not satisfied that each of the requirements of

paragraph 305 is met. Leave to remain for such a child is to be refused if the Minister is not

satisfied that each of the requirements of paragraph 305 (i)-(iv) is met.

Adopted children

309A. For the purposes of adoption under paragraphs 310-316C a de facto adoption shall

be regarded as having taken place if:

(a) at the time immediately preceding the making of the application for entry clearance

under these Rules the adoptive parent or parents have been living abroad (in

applications involving 2 parents both must have lived abroad together) for at least a

period of time equal to the first period mentioned in sub-paragraph (b)(i) and must

have cared for the child for at least a period of time equal to the second period

material in the sub-paragraph; and

(b) during their time abroad, the adoptive parent or parents have:

i) lived together for a minimum period of 18 months, of which the 12 months

immediately preceding the application for entry clearance must have been

spent living together with the child; and

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ii) have assumed the role of the child’s parents, since the beginning of the 18

month period, so that there has been a genuine transfer of parental

responsibility.

309B. Inter-country adoptions which are not a de facto adoption under paragraph 309A are

subject to the Adoption and Children Act 2002 and the Adoptions and Foreign Element

Regulations 2005. As such all prospective adopters must be assessed as suitable to adopt

by a competent authority in the United Kingdom, and obtain a Certificate of Eligibility from

the Department for Education, before travelling abroad to identify a child for adoption. This

Certificate of Eligibility must be provided with all entry clearance adoption applications under

paragraphs 310-316F.

Requirements for indefinite leave to enter Jersey as the adopted child of a

parent or parents present and settled or being admitted for settlement in

Jersey

310. The requirements to be met in the case of a child seeking indefinite leave to enter

Jersey as the adopted child of a parent or parents present and settled or being admitted for

settlement in Jersey are that he:

(i) is seeking leave to enter to accompany or join an adoptive parent or parents in one

of the following circumstances;

(a) both parents are present and settled in Jersey; or

(b) both parents are being admitted on the same occasion for settlement; or

the same occasion for settlement; or

(d) one parent is present is present and settled in Jersey or being admitted on the

same occasion for settlement and the other parent is dead; or

(e) one parent is present and settled in Jersey or being admitted on the same

occasion for settlement and has had sole responsibility for the child’s

upbringing; or

(f) one parent is present and settled in Jersey or being admitted on the same

occasion for settlement and there are serious and compelling family or other

considerations which make exclusion of the child undesirable and suitable

arrangements have been made for the child’s care; or

(g) in the case of a de facto adoption, one parent has a right of abode in Jersey

or indefinite leave to enter or remain in Jersey and is seeking admission to

Jersey on the same occasion for the purposes of settlement; and

(ii) is under the age of 18; and

(iii) is not leading an independent life, is unmarried, and has not formed an independent

family unit; and

(iv) can, and will, be accommodated and maintained adequately without recourse to

public funds in accommodation which the adoptive parent or parents own or occupy

exclusively; and

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(v)

(vi)

(a) was adopted in accordance with a decision taken by the competent

administrative authority or court in his country of origin or the country in which

he is resident, being a country whose adoption orders are recognised by

Jersey; or

(b) is the subject of a de facto adoption; and

(vii) was adopted at a time when;

(a) both adoptive parents were resident together abroad; or

(b) either or both adoptive parents were settled in Jersey; and

(viii) has the same rights and obligations as any other child of the adoptive parent’s or

parents’ family; and

(ix) was adopted due to the inability of the original parent(s) or current carer(s) to care

for him and there has been a genuine transfer of parental responsibility to the

adoptive parents; and

(x) has lost or broken his ties with his family of origin; and

(xi) was adopted, but the adoption is not one of convenience arranged to facilitate his

admission to or remaining in Jersey; and

(xii) holds a valid entry clearance for entry in this capacity; and

(xiii) he does not fall for refusal under the general grounds for refusal.

Requirements for indefinite leave to remain in Jersey as the adopted child of

a parent or parents present and settled in Jersey

311. The requirements to be met in the case of a child seeking indefinite leave to remain

in Jersey as the adopted child or a parent or parents present and settled in Jersey are that

he:

(i) is seeking to remain with an adoptive parent or parents in one of the following

circumstances:

(a) both parents are present and settled in Jersey; or

(b) one parent is present and settled in Jersey and the other parent is dead; or

the child’s upbringing; or

(d) one parent is present and settled in Jersey and there are serious and

compelling family or other considerations which make exclusion of the child

undesirable and suitable arrangements have been made for the child’s care;

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(e) in the case of a de facto adoption, one parent has a right of abode in Jersey

or indefinite leave to enter or remain in Jersey and is seeking admission to

Jersey on the same occasion for the purpose of settlement; and

(ii) has limited leave to enter or remain in Jersey; and

(a) is under the age of 18; or

(b) was given leave to enter or remain with a view to settlement under paragraph

315 or paragraph 316B; and

(iii) is not leading an independent life, is unmarried, and has not formed an independent

family unit; and

(iv) can, and will, be accommodated and maintained adequately without recourse to

public funds in accommodation which the adoptive parent or parents own or occupy

exclusively; and

(v)

(vi)

(a) was adopted in accordance with a decision taken by the competent

administrative authority or court in his country or origin or the country in which

he is resident, being a country whose adoption orders are recognised by

Jersey; or

(b) is the subject of a de facto adoption; and

(vii) was adopted at a time when:

(a) both adoptive parents were resident together abroad; or

(b) either or both adoptive parents were settled in Jersey; and

(viii) has the same rights and obligations as any other child of the adoptive parent’s or

parents’ family; and

(ix) was adopted due to the inability of the original parent(s) or current carer(s) to care

for him and there has been a genuine transfer of parental responsibility to the

adoptive parents; and

(x) has lost or broken his ties with his family of origin; and

(xi) was adopted, but the adoption is not one of convenience arranged to facilitate his

admission to or remaining in Jersey; and

(xii) he does not fall for refusal under the general grounds for refusal.

Indefinite leave to enter or remain in Jersey as the adopted child of a parent

or parents present and settled or being admitted for settlement in Jersey

312. Indefinite leave to enter Jersey as the adopted child of a parent or parents present

and settled or being admitted for settlement in Jersey may be granted provided a valid entry

clearance for entry in this capacity is produced to the Immigration Officer on arrival.

Indefinite leave to remain in Jersey as the adopted child of a parent or parents present and

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settled in Jersey may be granted provided the Minister is satisfied that each of the

requirements of paragraph 311 is met.

Refusal of indefinite leave to enter or remain in Jersey as the adopted child of

a parent or parents present and settled or being admitted for settlement in

Jersey

313. Indefinite leave to enter Jersey as the adopted child of a parent or parents present

and settled or being admitted for settlement in Jersey is to be refused if a valid entry

clearance for entry in this capacity is not produced to the Immigration Officer on arrival.

Indefinite leave to remain in Jersey as the adopted child of a parent or parents present and

settled in Jersey is to be refused if the Minister is not satisfied that each of the requirements

of paragraph 311 is met.

Requirements for limited leave to enter or remain in Jersey with a view to

settlement as the adopted child of a parent or parents given limited leave to

enter or remain in Jersey with a view to settlement

314. The requirements to be met in the case of a child seeking limited leave to enter or

remain in Jersey with a view to settlement as the adopted child of a parent or parents given

limited leave to enter or remain in Jersey with a view to settlement are that he:

(i) is seeking leave to enter to accompany or join or remain with a parent or parents in

one of the following circumstances:

(a) one parent is present and settled in Jersey or being admitted on the same

occasion for settlement and the other parent is being or has been given limited

leave to enter or remain in Jersey with a view to settlement; or

(b) one parent is being or has been given limited leave to enter or remain in Jersey

with a view to settlement and had had sole responsibility for the child’s

upbringing; or

with a view to settlement and there are serious and compelling family or other

considerations which make exclusion of the child undesirable and suitable

arrangements have been made for the child’s care; or

(d) in the case of a de facto adoption one parent has a right of abode in Jersey or

indefinite leave to enter or remain in Jersey and is seeking admission to Jersey

on the same occasion for the purposes of settlement; and

(ii) is under the age of 18; and

(iii) is not leading an independent life, is unmarried, and has not formed an independent

family unit; and

(iv) can, and will, be accommodated and maintained adequately without recourse to

public funds in accommodation which the adoptive parent or parents own or occupy

exclusively; and

(v)

(a) was adopted in accordance with a decision taken by the competent

administrative authority or court in his country of origin or the country in which

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he is resident, being a country whose adoption orders are recognised by

Jersey; or

(b) is the subject of a de facto adoption; and

(vi) was adopted at a time when:

(a) both adoptive parents were resident together abroad; or

(b) either or both adoptive parents were settled in Jersey; and

(vii) has the same rights and obligations as any other child of the adoptive parent’s or

parents’ family; and

(viii) was adopted due to the inability of the original parent(s) or current carer(s) to care

for him and there has been a genuine transfer of parental responsibility to the

adoptive parents; and

(ix) has lost or broken his ties with his family of origin; and

(x) was adopted, but the adoption is not one of convenience arranged to facilitate his

admission to Jersey; and

(xi) (where an application is made for limited leave to remain with a view to settlement)

has limited leave to enter or remain in Jersey; and

(xii) if seeking leave to enter, holds a valid entry clearance for entry in this capacity.

Limited leave to enter or remain in Jersey with a view to settlement as the

adopted child of a parent or parents given limited leave to enter or remain in

Jersey with a view to settlement

315. A person seeking limited leave to enter Jersey with a view to settlement as the

adopted child of a parent or parents given limited leave to enter or remain in Jersey with a

view to settlement may be admitted for a period not exceeding 12 months provided he is

able, on arrival, to produce to the Immigration Officer a valid entry clearance for entry in this

capacity. A person seeking limited leave to remain in Jersey with a view to settlement as

the adopted child of a parent or parents given limited leave to remain in Jersey with a view

to settlement may be granted limited leave for a period not exceeding 12 months provided

the Minister is satisfied that each of the requirements of paragraph 314 (i)-(xi) is met.

Refusal of limited leave to enter or remain in Jersey with a view to settlement

as the adopted child of a parent or parents given limited leave to enter or

remain in Jersey with a view to settlement

316. Limited leave to enter Jersey with a view to settlement as the adopted child of a

parent or parents given limited leave to enter or remain in Jersey with a view to settlement

is to be refused if a valid entry clearance for entry in this capacity is not produced to the

Immigration Officer on arrival. Limited leave to remain in Jersey with a view to settlement

as the adopted child or a parent or parents given limited leave to enter or remain in Jersey

with a view to settlement is to be refused if the Minister is not satisfied that each of the

requirements of paragraph 314 (i)-(xi) is met.

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Requirements for limited leave to enter Jersey with a view to settlement as a

child for adoption

316A. The requirements to be satisfied in the case of a child seeking limited leave to enter

Jersey for the purpose of being adopted (which, for the avoidance of doubt, does not include

a de facto adoption) in Jersey are that he:

(i) is seeking limited leave to enter to accompany or join a person or persons who wish

to adopt him in Jersey (the “prospective parent(s)”), in one of the following

circumstances:

(a) both prospective parents are present and settled in Jersey; or

(b) both prospective parents are being admitted for settlement on the same

occasion that the child is seeking admission; or

admitted for settlement on the same occasion that the child is seeking

admission; or

(d) one prospective parent is present and settled in Jersey and the other is being

given limited leave to enter or remain in Jersey with a view to settlement on

the same occasion that the child is seeking admission, or has previously been

given such leave; or

(e) one prospective parent is being admitted for settlement on the same occasion

that the other is being granted limited leave to enter with a view to settlement,

which is also on the same occasion that the child is seeking admission; or

(f) one prospective parent is present and settled in Jersey or is being admitted

for settlement on the same occasion that the child is seeking admission, and

has had sole responsibility for the child’s upbringing; or

(g) one prospective parent is present and settled in Jersey or is being admitted

for settlement on the same occasion that the child is seeking admission, and

there are serious and compelling family or other considerations which would

make the child’s exclusion undesirable, and suitable arrangements have been

made for the child’s care; and

(ii) is under the age of 18; and

(iii) is not leading an independent life, is unmarried, and has not formed an independent

family unit; and

(iv) can, and will, be maintained and accommodated adequately without recourse to

public funds in accommodation which the prospective parent or parents own or

occupy exclusively; and

(v) will have the same rights and obligations as any other child of the marriage or civil

partnership; and

(vi) is being adopted due to the inability of the original parent(s) or current carer(s) (or

those looking after him immediately prior to him being physically transferred to his

prospective parent or parent(s) to care for him, and there has been a genuine

transfer of parental responsibility to the prospective parent or parents; and

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(vii) has lost or broken or intends to lose or break his ties with his family of origin; and

(viii) will be adopted in Jersey by his prospective parent or parents in accordance with

the law relating to adoption in Jersey, but the proposed adoption is not one of

convenience arranged to facilitate his admission to Jersey.

Limited leave to enter Jersey with a view to settlement as a child for adoption

316B. A person seeking limited leave to enter Jersey with a view to settlement as a child

for adoption may be admitted for a period not exceeding 24 months provided he is able, on

arrival, to produce to the Immigration Officer a valid entry clearance for entry in this capacity.

Refusal of limited leave to enter Jersey with a view to settlement as a child for

adoption

316C. Limited leave to enter Jersey with a view to settlement as a child for adoption is to

be refused if a valid entry clearance for entry in this capacity is not produced to the

Immigration on arrival.

Requirements for limited leave to enter Jersey with a view to settlement as a

child for adoption under the Hague Convention

316D. The requirements to be satisfied in the case of a child seeking limited leave to enter

Jersey for the purpose of being adopted in Jersey under the Hague Convention are that he:

(i) is seeking limited leave to enter to accompany one or 2 people each of whom are

habitually resident in Jersey and who wish to adopt him under the Hague Convention

(“the prospective parents”); and

(ii) is the subject of an agreement made under Article 17(c) of the Hague Convention;

and

(iii) has been entrusted to the prospective parents by the competent administrative

authority of the country from which he is coming to Jersey for adoption under the

Hague Convention; and

(iv) is under the age of 18; and

(v) can, and will, be maintained and accommodated adequately without recourse to

public funds in accommodation which the prospective parent or parents own or

occupy exclusively; and

(vi) holds a valid entry clearance for entry in this capacity.

Limited leave to enter Jersey with a view to settlement as a child for adoption

316E. A person seeking limited leave to enter Jersey with a view to settlement as a child

for adoption under the Hague Convention may be admitted for a period not exceeding 24

months provided he is able, on arrival, to produce to the Immigration Officer a valid entry

clearance for entry in this capacity.

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Refusal of limited leave to enter Jersey with a view to settlement as a child for

adoption under the Hague Convention

316F. Limited leave to enter Jersey with a view to settlement as a child for adoption under

the Hague Convention is to be refused if a valid entry clearance for entry in this capacity is

not produced to the Immigration Officer on arrival.

317-319

Family Members of Ministers of Religion

319AA.Family members of a Minister or Religion seeking to enter or remain in Jersey must

meet the requirements in relation to a Partner of a Relevant Points Based System Migrant

listed in paragraphs 319AA-319J in the United Kingdom Immigration Rules.

319A-319Y

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PART 9: GROUNDS FOR REFUSAL

Suitability requirements apply to all routes and must be met in addition to validity and

eligibility requirements.

Where this Part applies a person will not meet the suitability requirements if they fall for

refusal under this Part.

A person may also have their entry clearance or leave cancelled on suitability grounds.

More than one grounds for refusal or cancellation may apply, for example, the presence of

a foreign criminal in Jersey may not be conducive to the public good.

The Immigration Act 1971, the Leave to Enter or Remain Directions 2017 and Schedule 2

to the Immigration Act 1971 set out the powers to cancel entry clearance or leave. These

rules set out how those powers are to be exercised.

Decisions on suitability are either mandatory (must) or discretionary (may) and must be

compatible with obligations by which Jersey is bound under the Refugee Convention and

the European Convention on Human Rights, which are mainly provided for under other

provisions in these Rules.

Some routes have their own, or additional, suitability requirements.

This Part is in 5 sections.

1. Application of this Part;

2. Grounds for refusal, or cancellation of, entry clearance, leave to enter and leave

to remain;

3. Additional grounds for refusal of entry, or cancellation of entry clearance or leave,

4. Additional grounds for refusal, or cancellation, of leave to remain;

5. Additional grounds for cancellation of entry clearance, leave to enter and leave to

remain which apply to specified routes.

Section 1: Application of this Part

9.1.1. This Part does not apply to the following:

(a) Appendix EU(J);

(b) Appendix EU(J) (Family Permit); and

9.8.8, 9.9.1 to 9.9.2, 9.10.1 to 9.10.2, 9.14.1 to 9.20.2, 9.23.1 and 9.24.1.

9.1.2. Part 9 applies to Appendix Victim of Domestic Abuse, except paragraph 9.8.4.(a)

Section 2: Grounds for refusal, or cancellation, of entry clearance, leave to enter and

leave to remain

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Exclusion, deportation order or travel ban grounds

9.2.1. An application for entry clearance, leave to enter or leave to remain must be refused

where:

(a) the Minister has personally directed that the applicant be excluded from

Jersey; or

(b) the applicant is the subject of an exclusion order; or

deportation order.

9.2.2. Entry clearance or leave held by a person must be cancelled where the Minister has

personally directed that the person be excluded from Jersey.

9.2.3. An application for entry clearance must be refused where the applicant is an excluded

person, as defined by section 8B(4) of the Immigration Act 1971, and the person does not

fall within section 8B(5A) or 8B(5B) of that Act.

9.2.4. Entry clearance must be cancelled where the person is an excluded person, as

defined by section 8B(4) of the Immigration Act 1971, and the person does not fall within

section 8B(5A) or 8B(5B) of that Act.”.

Non-conducive grounds

9.3.1. An application for entry clearance, leave to enter or leave to remain must be refused

where the applicant’s presence in Jersey is not conducive to the public good because of

their conduct, character, associations or other reasons (including convictions which do not

fall within the criminality grounds).

9.3.2. Entry clearance or leave held by a person must be cancelled where the person’s

presence in Jersey is not conducive to the public good.

Criminality grounds

9.4.1. An application for entry clearance, leave to enter or leave to remain must be refused

where the applicant:

(a) has been convicted of a criminal offence in Jersey or elsewhere for which

they have received a custodial sentence of 12 months or more; or

(b) is a persistent offender who shows a particular disregard for the law; or

9.4.2. Entry clearance or leave held by a person must be cancelled where the person:

(a) has been convicted of a criminal offence in Jersey or elsewhere for which

they have received a custodial sentence of 12 months or more; or

(b) is a persistent offender who shows a particular disregard for the law; or

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9.4.3. An application for entry clearance, leave to enter or leave to remain may be refused

(where paragraph 9.4.2. and 9.4.4. do not apply) where the applicant:

(a) has been convicted of a criminal offence in Jersey or elsewhere for which

they have received a custodial sentence of less than 12 months; or

(b) has been convicted of a criminal offence in Jersey or elsewhere for which

they have received a non-custodial sentence, or received an out-of-court

disposal that is recorded on their criminal record.

9.4.4. An application for entry clearance or leave to enter under Appendix V: Visitor, or

where a person is seeking entry on arrival Jersey for a stay for less than 6 months, must be

refused where the applicant:

(a) has been convicted of a criminal offence in Jersey or elsewhere for which

they have received a custodial sentence of less than 12 months, unless more

than 12 months have passed since the end of the custodial sentence; or

(b) has been convicted of a criminal offence in Jersey or elsewhere for which

they have received a non-custodial sentence or received an out-of-court

disposal that is recorded on their criminal record, unless more than 12

months have passed since the date of conviction.

9.4.5. Entry clearance or leave held by a person may be cancelled (where paragraph 9.4.2.

does not apply) where the person:

(a) has been convicted of a criminal offence in Jersey or elsewhere for which

they have received a custodial sentence of less than 12 months; or

(b) has been convicted of a criminal offence in Jersey or elsewhere for which

they have received a non-custodial sentence or received an out-of-court

disposal that is recorded on their criminal record.

Exclusion from asylum or humanitarian protection grounds

9.5.1. An application for entry clearance, leave to enter or leave to remain may be refused

where the Minister:

(a) has at any time decided that paragraph 339AA (exclusion from Refugee

Convention), 339AC (dangerous persons), 339D (exclusion from a grant of

humanitarian protection) or 339GB (revocation of humanitarian protection on

grounds of exclusion) applies to the applicant; or

(b) has decided that paragraph 339AA, 339AC, 339D or 339GB would apply,

but for the fact that the person has not made a protection claim in Jersey, or

that the person has made a protection claim which was finally determined

without reference to any of the relevant matters described in paragraphs

339AA, 339AC, 339D or 339GB.

9.5.2. Entry clearance or leave held by a person may be cancelled where the Minister:

(a) has at any time decided that paragraph 339AA (exclusion from Refugee

Convention), 339AC (dangerous persons), 339D (exclusion from a grant of

humanitarian protection) or 339GB (revocation of humanitarian protection on

grounds of exclusion) applies to the applicant; or

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(b) has decided that paragraph 339AA, 339AC, 339D or 339GB would apply,

but for the fact that the person has not made a protection claim in Jersey, or

that the person has made a protection claim which was finally determined

without reference to any of the relevant matters described in paragraphs

339AA, 339AC, 339D or 339GB.

Involvement in a sham marriage or sham civil partnership grounds

9.6.1. An application for entry clearance, leave to enter or leave to remain may be refused

where the decision maker is satisfied that it is more likely than not that the applicant is, or

has been, involved in a sham marriage or sham civil partnership.

9.6.2. Entry clearance or leave held by a person may be cancelled where the decision

maker is satisfied that it is more likely than not the person is, or has been, involved in a

sham marriage or sham civil partnership.

False representations, etc. grounds

9.7.1. An application for entry clearance, leave to enter or leave to remain may be refused

where, in relation to the application, or in order to obtain documents from the Minister or a

third party provided in support of the application:

(a) false representations are made, or false documents or false information

submitted (whether or not relevant to the application, and whether or not to

the applicant’s knowledge); or

(b) relevant facts are not disclosed.

9.7.2. An application for entry clearance, leave to enter or leave to remain must be refused

where the decision maker can prove that it is more likely than not the applicant used

deception in the application.

9.7.3. Entry clearance or leave held by a person may be cancelled where, in relation to an

application, or in order to obtain documents from the Minister or a third party provided in

support of the application:

(a) false representations were made, or false documents or false information

submitted (whether or not relevant to the application, and whether or not to

the applicant’s knowledge); or

(b) relevant facts were not disclosed.

Previous breach of immigration laws grounds

9.8.1. An application for entry clearance or leave to enter must be refused if:

(a) the applicant has previously breached immigration laws; and

(b) the application is for entry clearance or leave to enter and it was made within

the relevant time period in paragraph 9.8.7.

9.8.2. An application for entry clearance or leave to enter may be refused where:

(a) the applicant has previously breached immigration laws; and

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(b) the application was made outside the relevant time period in paragraph

9.8.7; and

intention of the rules, or there are other aggravating circumstances (in

addition to the immigration breach), such as a failure to cooperate with the

redocumentation process, such as using a false identity, or a failure to

comply with enforcement processes, such as failing to report, or absconding.

9.8.3. An application for leave to remain may be refused where a person has previously

failed to comply with the conditions of their leave, unless leave has been granted in the

knowledge of the previous breach.

9.8.3A. Unless 9.8.1. applies, an application for entry clearance, permission to enter or

permission to stay may be refused where a person used deception in relation to a previous

application (whether or not successfully).

9.8.4. In paragraphs 9.8.1. and 9.8.2., a person will only be treated as having previously

breached immigration laws if, when they were aged 18 or over, they:

(a) overstayed their leave and neither paragraph 9.8.5. nor paragraph 9.8.6.

applies; or

(b) breached a condition attached to their leave and entry clearance or further

leave was not subsequently granted in the knowledge of the breach; or

(d) used deception in relation to an application (whether or not successfully).

9.8.5. A period of overstaying will be disregarded for the purpose of paragraph 9.8.4. (a)

where the person left Jersey voluntarily, not at the expense (directly or indirectly) of the

Minister, and:

(a) the person overstayed for 90 days or less, where the overstaying began

before 6 April 2017; or

(b) the person overstayed for 30 days or less, where the overstaying began on

or after 6 April 2017.

9.8.6. A period of overstaying will be disregarded for the purpose of paragraph 9.8.4.(a)

where the overstaying arose from a decision to refuse an application, or cancellation of

leave, which was subsequently withdrawn, or quashed, or reconsidered by direction of a

court or tribunal, unless the legal challenge which led to the reconsideration was brought

more than 3 months after the date of the decision to refuse or cancel.

9.8.7. The relevant time period under paragraphs 9.8.1. and 9.8.2. is as set out in the

following table (and where the person previously breached more than one immigration law,

only the breach which leads to the longest period of absence from Jersey will be taken into

account):

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Time from date

the person left

Jersey (or date

of refusal of

the entry

clearance

under row (f))

This applies where the

applicant

And the applicant

left Jersey

And the applicant

left Jersey

(a) 12 months

left voluntarily

at their own

expense

N/A

(b) 2 years

left voluntarily

at public expense

Within 6 months of

being given notice of

liability for removal

or when they no

longer had a

pending

administrative

review or judicial

review, whichever is

later.

more than 6 months

after being given

notice of liability for

removal or when

they no longer had a

pending

administrative

review or judicial

review, whichever is

later.

(d) 5 years

left or was removed from

Jersey

as a condition of a

binding over order

(and providing that

any condition

prohibiting their

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(e) 10 years

was removed from

Jersey

return to Jersey has

itself expired)

at public expense

(f) 10 years

Used deception in an

application for entry

clearance (including a

visit visa).

9.8.8. Leave (may be cancelled where the person has failed to comply with the conditions

of their leave.

Failure to provide required information, etc. grounds

9.9.1. An application for entry clearance, leave to enter or leave to remain may be refused

where a person fails without reasonable excuse to comply with a reasonable requirement

to:

(a) attend an interview; or

(b) provide information; or

(d) undergo a medical examination; or

(e) provide a medical report.

9.9.2. Any entry clearance or leave held by a person may be cancelled where the person

fails without reasonable excuse to comply with a reasonable requirement to:

(a) attend an interview; or

(b) provide information; or

(d) undergo a medical examination; or

(e) provide a medical report.

Admissibility to the Common Travel Area or other countries grounds

9.10.1. An application for entry clearance or leave to enter must be refused where a person

is seeking entry to Jersey with the intention of entering another part of the Common Travel

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Area and fails to satisfy the decision maker that they are acceptable to the immigration

authorities there.

9.10.2. An application for entry clearance, leave to enter or leave to remain may be refused

where a person seeking entry fails to satisfy the decision maker that they will be admitted

to another country after a stay in Jersey.

Debt to the Health & Community Services Department

9.11.1. An application for entry clearance, leave to enter or leave to remain may be refused

where the Health & Community Services Department has notified the Minister that the

applicant has failed to pay a charge or charges for hospital treatment and care in

accordance with the relevant Health & Community Services Department overseas patients’

policy.

Unpaid litigation costs grounds

9.12.1. An application for entry clearance, leave to enter or leave to remain may be refused

where a person has failed to pay litigation costs awarded to the Government of Jersey.

Purpose not covered by the Immigration Rules grounds

9.13.1. An application for entry clearance, leave to enter or leave to remain may be refused

where a person is seeking to come to or stay in Jersey for a purpose not covered by these

rules.

Section 3: Additional grounds for refusal of entry on arrival Jersey

No entry clearance grounds

9.14.1. Leave to enter must be refused if the person seeking entry is required under these

rules to obtain entry clearance in advance of travel to Jersey, and the person does not hold

the required entry clearance.

Failure to produce recognised passport or travel document grounds

9.15.1. Leave to enter must be refused if the person seeking entry fails to produce a

passport or other travel document that satisfies the decision maker as to their identity and

nationality, unless the person holds a travel document issued by the national authority of a

state of which the person is not a national and the person’s statelessness or other status

prevents the person from obtaining a document satisfactorily establishing their identity and

nationality.

9.15.2. Leave to enter may be refused if the person seeking entry produces a passport or

other travel document which:

(a) was issued by a territorial entity or authority which is not recognised by His

Majesty’s Government as a state, or is not dealt with as a government by

them; or

(b) was issued by a territorial entity or authority which does not accept valid UK

passports for the purpose of its own immigration controls; or

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9.15.3. Entry clearance or leave held by a person may be cancelled where on arrival a

person fails to produce a passport or other travel document that meets the requirements in

paragraph 9.15.1. or 9.15.2.

Medical grounds

9.16.1. Leave to enter must be refused where a medical inspector advises that for medical

reasons it is undesirable to grant entry to the person, unless the decision maker is satisfied

that there are strong compassionate reasons justifying admission.

9.16.2. Entry clearance or leave held by a person may be cancelled where a medical

inspector advises that for medical reasons it is undesirable to grant entry to the person.

Consent for a child to travel grounds

9.17.1. A child may be refused leave to enter if they are not travelling with their parent or

legal guardian and, if required to do so, the child’s parent or legal guardian fails to provide

the decision maker with written consent to the child seeking entry to Jersey.

Returning residents grounds

9.18.1. A person seeking entry as a returning resident under paragraph 18 may be refused

leave to enter if they fail to satisfy the decision maker that they meet the requirements of

that paragraph, or that they are seeking entry for the same purpose as that for which their

previous leave was granted.

Customs breaches grounds

9.19.1. Leave to enter may be refused where the decision maker is satisfied that a person

has committed a customs breach, whether or not a criminal prosecution is pursued.

9.19.2. Where the decision maker is satisfied that a person has committed a customs

breach, whether or not a criminal prosecution is pursued, any entry clearance or leave held

by the person may be cancelled.

Change of circumstances or purpose grounds

9.20.1. Entry clearance or leave held by a person may be cancelled where there has been

such a change in circumstances since the entry clearance or leave was granted that it

should be cancelled.

9.20.2. Entry clearance or leave to enter held by a person on arrival in Jersey may be

cancelled where the person’s purpose in seeking entry is different from the purpose

specified in their entry clearance.

Section 4: Additional grounds for refusal of leave to remain

Rough sleeping in Jersey

9.21.1. Leave to remain may be refused where the decision maker is satisfied that a person

has been rough sleeping in Jersey and has repeatedly refused offers of suitable support

and has engaged in persistent anti-social behaviour.

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9.21.2. Where the decision maker is satisfied that a person has been rough sleeping in

Jersey and has repeatedly refused offers of suitable support, and has engaged in persistent

anti-social behaviour, any leave held by the person may be cancelled.

Crew members

9.22.1. Where a person has leave to enter as a crew member an application for leave to

remain may be refused, unless leave to remain is granted to fulfil the purpose for which the

person has leave to enter.

Section 5: Additional grounds for cancellation of entry clearance, leave to enter and

leave to remain

Ceasing to meet requirement of rules

9.23.1. A person’s entry clearance or leave may be cancelled if they cease to meet the

requirements of the rules under which the entry clearance or leave was granted.

Dependent grounds

9.24.1. A person’s entry clearance or leave may be cancelled where they are the dependent

of another person whose leave is, or has been, cancelled.

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PART 10:

PART 11: ASYLUM

Asylum (paragraphs 326A to 352G).

326A. Procedure

The procedures set out in these Rules shall apply to the consideration of admissible

applications for asylum and humanitarian protection.

326B. Where a claim for asylum or humanitarian protection is being considered under this

Part, any Article 8 elements of that claim will be considered in line with the provisions of

Appendix FM (J)(J1) (family life) and in line with paragraphs 276ADE to 276DH (private

life) which are relevant to those elements unless the person is someone to whom Part 13

(deportation) applies.

Definition of EU asylum applicant

326C. Under this Part an EU asylum applicant is a national of a Member State of the

European Union who either:

(a) makes a request to be recognised a refugee under the Refugee Convention on the

basis that it would be contrary to Jersey’s obligations under the Refugee Convention

for him to be removed from or required to leave Jersey, or

(b) otherwise makes a request for international protection.

“EU asylum application” shall be construed accordingly.

326D. ‘Member State’ has the same meaning as in Article 1 of the European Union (Jersey)

Law 1973.

Inadmissibility of EU asylum applications

326E. An EU asylum application will be declared inadmissible and will not be considered

unless the requirement in paragraph 326F is met.

326F. An EU asylum application will only be admissible if the applicant satisfies the

Minister that there are exceptional circumstances which require the application to be

admitted for full consideration. Exceptional circumstances may include in particular:

(a) the Member State of which the applicant is a national has derogated from the

European Convention on Human Rights in accordance with Article 15 of that

Convention;

(b) the procedure detailed in Article 7(1) of the Treaty on European Union has been

initiated, and the Council or, where appropriate, the European Council, has yet to

make a decision as required in respect of the Member State of which the applicant

is a national; or

European Union in respect of the Member State of which the applicant is a national,

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or the European Council has adopted a decision in accordance with Article 7(2) of

that Treaty in respect of the Member State of which the applicant is a national.

Definition of asylum applicant

327. Under the Rules an asylum applicant is a person who either -

(a) makes a request to be recognised as a refugee under the Refugee Convention on

the basis that it would be contrary to Jersey’s obligations under the Refugee

Convention for him to be removed from or required to leave Jersey, or

(b) otherwise makes a request for international protection.

“Application for asylum” shall be construed accordingly.

327A. Every person has the right to make an application for asylum on his own behalf.

Applications for asylum

328. All asylum applications will be determined by the Minister in accordance with the

Refugee Convention on recommendations made by the Minister. Every asylum application

made by a person at a port or airport in Jersey, other than one refused under paragraph

345, will be referred by the Immigration Officer for determination in accordance with these

Rules.

328A. The Minister shall ensure that authorities which are likely to be addressed by

someone who wishes to make an application for asylum are able to advise that person how

and where such an application may be made.

329. Until an asylum application, other than one refused under paragraph 345, has been

determined, no action will be taken to require the departure of the asylum applicant or his

dependants from Jersey.

330. If the Minister decides to grant refugee status and the person has not yet been given

leave to enter, the Immigration Officer will grant limited leave to enter.

331. If a person seeking leave to enter is refused asylum or his application for asylum is

withdrawn or treated as withdrawn under paragraph 333C, the Immigration Officer will

consider whether or not he is in a position to decide to give or refuse leave to enter without

interviewing the person further.

If the Immigration Officer decides that a further interview is not required he may serve the

notice giving or refusing leave to enter by post. If the Immigration Officer decides that a

further interview is required, he will then resume his examination to determine whether or

not to grant the person leave to enter under any other provision of these Rules.

If the person fails at any time to comply with a requirement to report to an Immigration

Officer for examination, the Immigration Officer may direct that the person’s examination

shall be treated as concluded at that time. The Immigration Officer will then consider any

outstanding applications for entry on the basis of any evidence before him.

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332. If a person who has been refused leave to enter makes an application for asylum

and that application is refused or withdrawn or treated as withdrawn under paragraph 333C,

leave to enter will again be refused unless the applicant qualifies for admission under any

other provision of these Rules.

333. Written notice of decisions on applications for asylum shall be given in reasonable

time. Where the applicant is legally represented, notice may instead be given to the

representative. Where the applicant has no legal representative and free legal assistance

is not available, he shall be informed of the decision on the application for asylum and, if

the application is rejected, how to challenge the decision, in a language that he may

reasonably be supposed to understand.

333A. A decision on each asylum applications will be taken as soon as possible, without

prejudice to an adequate and complete examination. In order that this requirement is

complied with, the Minister shall ensure that her recommendation under paragraph 328 is

furnished as soon as possible.

Where a decision on an application for asylum cannot be taken within 6 months of the date

it was recorded:

(a) the applicant shall be informed of the delay; or

(b) if the applicant has made a specific written request for it, be provided with

information on the time-frame within which the decision on his application is to be

expected.

The provision of such information shall not require the taking of a decision within the

stipulated time-frame.

333B. Applicants for asylum shall be allowed an effective opportunity to consult a competent

legal adviser, at their own expense or on legal aid. This paragraph shall also apply where

consideration is being given to revoking a person’s refugee status in accordance with these

Rules.

Withdrawal of applications

333C. If an application for asylum is withdrawn either explicitly or implicitly, it will not be

considered.

(a) An application will be treated as explicitly withdrawn if the applicant signs the

relevant form provided by or on behalf of the Minister, or otherwise explicitly declares

a desire to withdraw their asylum claim.

(b) An application may be treated as implicitly withdrawn if the applicant:

(i) fails to maintain contact with the Jersey Customs and Immigration Service or

provide up to date contact details as required by paragraph 358B of these

Rules; or

(ii) leaves Jersey (without authorisation) at any time before the conclusion of their

application for asylum; or

(iii) fails to complete an asylum questionnaire as requested by or on behalf of the

Minister; or

(iv) fails to attend any reporting events, unless the applicant demonstrates within

a reasonable time that the failure was due to circumstances beyond their

control; or

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(v) fails to attend a personal interview required under paragraph 339NA, unless

the applicant demonstrates within a reasonable time that that failure was due

to circumstances beyond their control.

asylum has been withdrawn.

Grant of refugee status

334. An asylum applicant will be granted refugee status in Jersey if the Minister is

satisfied that:

(i) the applicant is in Jersey or has arrived at a port of entry in Jersey;

(ii) the applicant is a refugee, that is to say, a person who falls within Article 1A of the

Refugee Convention and does not fall within the scope of Article 1D, 1E or 1F of the

Refugee Convention;

(iii) there are no reasonable grounds for regarding the applicant as a danger to security;

(iv) having been convicted by a final judgment of a particularly serious crime, the

applicant does not constitute danger to the community; and

(v) refusing his application would result in the applicant being required to go (whether

immediately or after the time limited by any existing leave to enter or remain) in

breach of the Refugee Convention, to a country in which his life or freedom would

be threatened on account of his race, religion, nationality, political opinion or

membership of a particular social group.

335. If the Minister decides to grant refugee status to a person who has previously been

given leave to enter (whether or not the leave has expired) or to a person who has entered

without leave, the Minister will vary the existing leave or grant limited leave to remain.

Refusal of asylum

336. An application which does not meet the criteria set out in paragraph 334 will be

refused. Where an application for asylum is refused, the reasons in fact and law shall be

stated in the decision and information provided in writing on how to challenge the decision.

337. The Minister may decide not to consider the substance of a person's claim to a

refugee status if he is satisfied on a recommendation of the Minister that the person's

removal to a third country does not raise any issue as to Jersey's obligations under the

Refugee Convention. More details are given in paragraphs 345 and 347.

338. When a person in Jersey is notified that asylum has been refused he may, if he is

liable to removal as an illegal entrant under section 10 of the Immigration and Asylum Act

1999, or to deportation, at the same time be notified of removal directions, served with a

notice of intention to make a deportation order, or served with a deportation order, as

appropriate.

Revocation or refusal to renew a grant of refugee status

338A. A person’s grant of refugee status under paragraph 334 shall be revoked or not

renewed by the Minister if any of paragraphs 339A to 339AB apply. A person’s grant of

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refugee status under paragraph 334 may be revoked or not renewed if paragraph 339AC

applies.

339.

Refugee Convention ceases to apply (cessation)

339A. This paragraph applies when the Minister is satisfied that one or more of the

following applies to a person who claims refugee status:

(i) he has voluntarily re-availed himself of the protection of the country of

nationality;

(ii) having lost his nationality, he has voluntarily re-acquired it;

(iii) he has acquired a new nationality, and enjoys the protection of the country

of his new nationality;

(iv) he has voluntarily re-established himself in the country which he left or

outside which he remained owing to a fear of persecution;

(v) he can no longer, because the circumstances in connection with which he

has been recognised as a refugee have ceased to exist, continue to refuse

to avail himself of the protection of the country of nationality; or

(vi) being a stateless person with no nationality, he is able, because the

circumstances in connection with which he has been recognised a refugee

have ceased to exist, to return to the country of former habitual residence.

In considering (v) and (vi), the regard shall be had to whether the change of circumstances

is of such a significant and non-temporary nature that the refugee’s fear of persecution can

no longer be regarded as well-founded.

Exclusion from the Refugee Convention

339AA. This paragraph applies where the Minister is satisfied that the person should have

been or is excluded from being a refugee because the person falls within the scope of Article

1 D, 1E or 1F of the Refugee Convention.

As regards the application of Article 1F of the Refugee Convention, this paragraph also

applies where the Minister is satisfied that the person has instigated or otherwise

participated in the crimes or acts mentioned therein.

In the construction and application of Article 1F(b) of the Refugee Convention:

(a) the reference to serious non-political crime includes a particularly cruel action, even

if it is committed with an allegedly political objective;

(b) the reference to the crime being committed outside the country of refuge prior to his

admission as a refugee shall be taken to mean the time up to and including the day

on which a residence permit is issued.

Article 1F(a) and (b) of the Refugee Convention shall apply to a person who instigates or

otherwise participates in the commission of the crimes or acts specified in those provisions.

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Misrepresentation

339AB. This paragraph applies where the Minister is satisfied that the person’s

misrepresentation or omission of facts, including the use of false documents, were decisive

for the grant of refugee status.

Dangerous persons

339AC. This paragraph applies where the Minister is satisfied that:

(i) there are reasonable grounds for regarding the person as a danger to

security; or

(ii) having been convicted by a final judgment of a particularly serious crime, the

person constitutes a danger to the community.

339B. When a person’s refugee status is revoked or not renewed any limited or indefinite

leave which he has may be curtailed or cancelled.

339BA. Where consideration is being given to revoking refugee status in accordance with

these Rules, the following procedure will apply. The person concerned shall be informed in

writing that his qualification for refugee status is being reconsidered and the reasons for the

reconsideration. That person shall be given the opportunity to submit, in a personal

interview or in a written statement, reasons as to why his refugee status should not be

revoked. If there is a personal interview, it shall be subject to the safeguards set out in these

Rules.

339BB. The procedure in paragraph 339BA is subject to the following exceptions:

(i) where a person acquires British citizenship status, his refugee status is

automatically revoked in accordance with paragraph 339A (iii) upon

acquisition of that status without the need to follow the procedure;

(ii) where refugee status is revoked under paragraph 339A, or if the person has

unequivocally renounced his recognition as a refugee, his refugee status

may be considered to have lapsed by law without the need to follow the

procedure.

339BC. If the person leaves Jersey, the procedure set out in paragraph 339BA may be

initiated, and completed, while the person is outside Jersey.

Grant of humanitarian protection

339C. A person will be granted humanitarian protection in Jersey if the Minister is satisfied

that:

(i) the person is in Jersey or has arrived at a port of entry in Jersey;

(ii) the person does not qualify as a refugee as referred to in paragraph 334;

(iii) substantial grounds have been shown for believing that, if the person were

returned to the country of return, he would face a real risk of suffering serious

harm and is unable, or, owing to such risk, unwilling to avail him/herself of

the protection of that country; and

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(iv) the person is not excluded from a grant of humanitarian protection.

Serious harm consists of:

(i) the death penalty or execution;

(ii) unlawful killing;

(iii) torture or inhuman or degrading treatment or punishment of a person in the

country of return; or

(iv) serious and individual threat to a civilian’s life or person by reason of

indiscriminate violence in situations of international or internal armed conflict.

Exclusion from humanitarian protection

339D. A person is excluded from a grant of humanitarian protection under paragraph 339C

(iv) where the Minister is satisfied that:

(i) there are serious reasons for considering that he has committed a crime

against peace, a war crime, a crime against humanity, or any other serious

crime or instigated or otherwise participated in such crimes;

(ii) there are serious reasons for considering that he is guilty of acts contrary to

the purposes and principles of the United Nations or has committed,

prepared or instigated such acts or encouraged or induced others to commit,

prepare or instigate such acts;

(iii) there are serious reasons for considering that he constitutes a danger to the

community or to security; or

(iv) prior to his admission to Jersey the person committed a crime outside the

scope of (i) and (ii) that would be punishable by imprisonment were it

committed in Jersey and the person left his country of origin solely in order

to avoid sanctions resulting from the crime.

339E. If it is decided to grant humanitarian protection and the person has not yet been

given leave to enter, limited leave to enter will be granted.

If it is decided to grant humanitarian protection to a person who has been given limited leave

to enter (whether or not that leave has expired) or a person who has entered without leave,

the existing leave will be varied or limited leave to remain will be granted.

Refusal of humanitarian protection

339F. Where the criteria set out in paragraph 339C are not met, humanitarian protection

will be refused.

Revocation of humanitarian protection

339G. A person’s humanitarian protection granted under paragraph 339C will be revoked

or not renewed if any of paragraphs 339GA to 339GC apply. A person’s humanitarian

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protection granted under paragraph 339C may be revoked or not renewed if paragraph

339GD applies.

Cessation

339GA. This paragraph applies where the Minister is satisfied that the circumstances which

led to the grant of humanitarian protection have ceased to exist or have changed to such a

degree that such protection is no longer required.

In applying this paragraph regard shall be had to whether the change of circumstances is

of such a significant and non-temporary nature that the person no longer faces a real risk

of serious harm.

Exclusion

339GB. This paragraph applies where the Minister is satisfied that:

(i) the person granted humanitarian protection should have been or is excluded

from humanitarian protection because there are serious reasons for

considering that he has committed a crime against peace, a war crime, a

crime against humanity, or any other serious crime or instigated or otherwise

participated in such crimes;

(ii) the person granted humanitarian protection should have been or is excluded

from humanitarian protection because there are serious reasons for

considering that he is guilty of acts contrary to the purposes and principles

of the United Nations or has committed, prepared or instigated such acts or

encouraged or induced others to commit, prepare or instigate such acts;

(iii) the person granted humanitarian protection should have been or is excluded

from humanitarian protection because there are serious reasons for

considering that he constitutes a danger to the community or to security;

339GC. This paragraph applies where the Minister is satisfied that the person granted

humanitarian protection should have been or is excluded from humanitarian protection

because prior to his admission to Jersey the person committed a crime outside the scope

of paragraph 339GB (i) and (ii) that would be punishable by imprisonment had it been

committed in Jersey and the person left his country of origin solely in order to avoid

sanctions resulting from the crime.

Misrepresentation (humanitarian protection)

339GD. This paragraph applies where the Minister is satisfied that the person granted

humanitarian protection misrepresented or omitted facts, including the use of false

documents, which were decisive to the grant of humanitarian protection.

339H. When a person’s humanitarian protection is revoked or not renewed any limited or

indefinite leave which he has may be curtailed or cancelled.

Consideration of applications (general)

339HA. The Minister shall ensure that the personnel examining applications for asylum and

taking decisions in connection therewith have the knowledge, or recourse thereto, with

respect to relevant standards applicable in the field of asylum and refugee law.

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339I. When consideration is given to a person’s asylum claim, eligibility for a grant of

humanitarian protection or human rights claim it is the duty of the person to submit to any

of the personnel examining the application or claim as soon as possible all material factors

needed to substantiate the asylum claim or establish that he is a person eligible for

humanitarian protection or substantiate the human rights claim, which must be assessed in

cooperation with the person.

The material factors include:

(i) the person’s statement on the reasons for making an asylum claim or on

eligibility for a grant of humanitarian protection or for making a human rights

claim;

(ii) all documentation at the person’s disposal regarding the person’s age,

background (including background details of relevant relatives), identity,

nationality(ies), country(ies) and place(s) of previous residence, previous

asylum applications, travel routes; and

(iii) identity and travel documents.

339IA. For the purposes of examining individual applications for asylum:

(i) information provided in support of an application and the fact that an

application has been made shall not be disclosed to the alleged actor of

persecution of the applicant, and

(ii) information shall not be obtained from the alleged actor of persecution that

would result in his being directly informed that an application for asylum has

been made by the applicant in question and would jeopardise the physical

integrity of the applicant and his dependants, or the liberty and security of

his family members still living in the country of origin.

This paragraph shall also apply where consideration is being given to revoking a person’s

refugee status in accordance with these Rules.

339J. The assessment of an asylum claim, eligibility for a grant of humanitarian protection

or a human rights claim will be carried out on an individual, objective and impartial basis.

This will include taking into account in particular:

(i) all relevant facts as they relate to the country of origin or country of return at

the time of taking a decision on the grant; including laws and regulations of

the country of origin or country of return and the manner in which they are

applied;

(ii) relevant statements and documentation presented by the person including

information on whether the person has been or may be subject to

persecution or serious harm;

(iii) the individual position and personal circumstances of the person, including

factors such as background, gender and age, so as to assess whether, on

the basis of the person’s personal circumstances, the acts to which the

person has been or could be exposed would amount to persecution or

serious harm;

(iv) whether the person’s activities since leaving the country of origin or country

of return were engaged in for the sole or main purpose of creating the

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necessary conditions for making an asylum claim or establishing that he is a

person eligible for humanitarian protection or a human rights claim, so as to

assess whether these activities will expose the person to persecution or

serious harm if he returned to that country; and

(v) whether the person could reasonably be expected to avail himself of the

protection of another country where he could assert citizenship.

339JA. Reliable and up-to-date information shall be obtained from various sources as to

the general situation prevailing in the countries of origin of applicants for asylum and, where

necessary, in countries through which they have transited. Such information shall be made

available to the personnel responsible for examining applications and taking decisions and

may be provided to them in the form of a consolidated country information report.

This paragraph shall also apply where consideration is being given to revoking a person’s

refugee status in accordance with these Rules.

339K. The fact that a person has already been subject to persecution or serious harm, or

to direct threats of such persecution or such harm, will be regarded as a serious indication

of the person’s well-founded fear of persecution or real risk of suffering serious harm, unless

there are good reasons to consider that such persecution or serious harm will not be

repeated.

339L. It is the duty of the person to substantiate the asylum claim or establish that he is a

person eligible for humanitarian protection or substantiate his human rights claim. Where

aspects of the person’s statements are not supported by documentary or other evidence,

those aspects will not need confirmation when all of the following conditions are met:

(i) the person has made a genuine effort to substantiate his asylum claim or

establish that he is a person eligible for humanitarian protection or

substantiate his human rights claim;

(ii) all material factors at the person’s disposal have been submitted, and a

satisfactory explanation regarding any lack of other relevant material has

been given;

(iii) the person’s statements are found to be coherent and plausible and do not

run counter to available specific and general information relevant to the

person’s case;

(iv) the person has made an asylum claim or sought to establish that he is a

person eligible for humanitarian protection or made a human rights claim at

the earliest possible time, unless the person can demonstrate good reason

for not having done so; and

(v) the general credibility of the person has been established.

339M. A person may be taken not to have substantiated his asylum claim or established

that he is a person eligible for humanitarian protection or substantiated his human rights

claim, and his application for asylum may thereby be rejected, or his eligibility for

humanitarian protection not established, or his human rights claim rejected, if he fails,

without reasonable explanation, to make a prompt and full disclosure of material facts, either

orally or in writing, or otherwise to assist in establishing the facts of the case; this includes,

for example, failure to report to a designated place to be fingerprinted, failure to complete

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an asylum questionnaire or failure to comply with a requirement to report to an Immigration

Officer for examination.

339MA. Applications for asylum shall be neither rejected nor excluded from examination on

the sole ground that they have not been made as soon as possible.

339N.

(1) In determining whether the general credibility of the person has been established,

account shall be taken, as damaging the claimant’s credibility, of any behaviour to which

this paragraph 339N applies.

(2) This paragraph 339N applies to any behaviour by the claimant that an Immigration

Officer thinks –

(i) is designed or likely to conceal information,

(ii) is designed or likely to mislead, or

(iii) is designed or likely to obstruct or delay the handling or resolution of the claim

or the taking of a decision in relation to the claimant.

(3) Without prejudice to the generality of the foregoing the following kinds of behaviour

are to be treated as designed or likely to conceal information or to mislead –

(i) failure without reasonable explanation to produce a passport on request to an

Immigration Officer,

(ii) the production of a document which is not a valid passport as if it were,

(iii) the destruction, alteration or disposal, in each case without reasonable

explanation, of a passport,

(iv) the destruction, alteration or disposal, in each case without reasonable

explanation, of a ticket or other document connected with travel, and

(v) failure without reasonable explanation to answer a question asked by an

Immigration Officer.

(4) This paragraph 339N also applies to failure by the claimant to take advantage of a

reasonable opportunity to make an asylum claim or human rights claim while in a safe

country.

(5) This paragraph 339N also applies to failure by the claimant to make an asylum claim

or human rights claim before being notified of an immigration decision, unless the claim

relies wholly on matters arising after the notification.

(6) This paragraph 339N also applies to failure by the claimant to make an asylum claim

or human rights claim before being arrested under an immigration provision, unless-

(i) he had no reasonable opportunity to make the claim before the arrest, or

(ii) the claim relies wholly on matters arising after the arrest.

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(7) The reference in this paragraph 339N to an “immigration decision” means—

(i) refusal of leave to enter Jersey,

(ii) refusal to vary a person’s leave to enter or remain in Jersey,

(iii) grant of leave to enter or remain in Jersey,

(iv) a decision that a person is to be removed from Jersey by way of directions under

section 10(1)(a), (b) or (c) of the Immigration and Asylum Act 1999 (removal of

persons unlawfully in Jersey),

(v) a decision that a person is to be removed from Jersey by way of directions under

paragraphs 8 to 12 of Schedule 2 to the Immigration Act 1971 (control of entry:

removal),

(vi) a decision to make a deportation order under section 5(1) of that Act, and

(vii) a decision to take action in relation to a person in connection with extradition

from Jersey.

(8) The reference in this paragraph 339N to an “immigration provision” means—

(i) sections 28A, 28B and 28C of the Immigration Act 1971 (immigration offences:

enforcement),

(ii) paragraph 17 of Schedule 2 to that Act (control of entry), and

(iii) a provision of the Extradition (Jersey) Law 2004.

(9) The reference in this paragraph 339N to a “passport” includes a document which

relates to a national of a country other than the United Kingdom and which is designed to

serve the same purpose as a passport, and

(10) A passport produced by or on behalf of a person is valid for the purposes of this

paragraph 339N if it-

(i) relates to the person by whom or on whose behalf it is produced,

(ii) has not been altered otherwise than by or with the permission of the authority

who issued it, and

(iii) was not obtained by deception.

(11) A reference in this paragraph 339N to an asylum claim or human rights claim is to

be treated as including a reference to a claim of entitlement to remain in a country other

than Jersey made by reference to the rights that a person invokes in making an asylum

claim or a human rights claim in Jersey.

(12) This paragraph 339N shall not prevent a determination not to believe a statement

on the grounds of behaviour to which this paragraph does not apply.

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Personal interview

339NA. Before a decision is taken on the application for asylum, the applicant shall be

given the opportunity of a personal interview on his application for asylum with an

Immigration Officer.

The personal interview may be omitted where:

(i) the Minister is able to make a positive recommendation on the basis of

evidence available;

(ii) an Immigration Officer has already had a meeting with the applicant for the

purpose of assisting him with completing his application and submitting the

essential information regarding the application;

(iii) the applicant, in submitting his application and presenting the facts, has only

raised issues that are not relevant or of minimal relevance to the examination

of whether he is a refugee, as referred to in paragraph 334;

(iv) the applicant has made inconsistent, contradictory, improbable or insufficient

representations which make his claim clearly unconvincing in relation to his

having been the object of persecution;

(v) the applicant has submitted a subsequent application which does not raise

any relevant new elements with respect to his particular circumstances or to

the situation in his country of origin;

(vi) the applicant is making an application merely in order to delay or frustrate

the enforcement of an earlier or imminent decision which would result in his

removal; or

(vii) it is not reasonably practicable, in particular where the Immigration Officer is

of the opinion that the applicant is unfit or unable to be interviewed owing to

enduring circumstances beyond his control; or

(viii) the applicant is an EU national whose claim it has nevertheless been decided

to consider substantively in accordance with paragraph 326F.

The omission of a personal interview shall not prevent a decision being taken on the

application. Where the personal interview is omitted, the applicant and dependants shall

be given a reasonable opportunity to submit further information.

339NB.

(i) The personal interview mentioned in paragraph 339NA shall normally take

place without the presence of the applicant’s family members unless the

Immigration Officer considers it necessary for an appropriate examination to

have other family members present.

(ii) The personal interview shall take place under conditions which ensure

appropriate confidentiality.

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339NC.

(i) A written report shall be made of every personal interview containing at least

the essential information regarding the asylum application as presented by the

applicant in accordance with paragraph 339I.

(ii) The applicant must have timely access to the report of the personal interview

and such access must be possible as soon as necessary for enabling an

application for judicial review to be prepared and lodged in due time.

339ND. The Minister shall provide at public expense an interpreter for the purpose of

allowing the applicant to submit his case, wherever necessary.

The Minister shall select an interpreter who can ensure appropriate communication between

the applicant and the person who conducts the interview.

Internal relocation

339O.

(i) (a) A grant of refugee status will not be made if in part of the country of origin a

person would not have a well-founded fear of being persecuted, and the person can

reasonably be expected to stay in that part of the country; or

(b) A grant of humanitarian protection will not be made if in part of the country

of return a person would not face a real risk of suffering serious harm, and the person

can reasonably be expected to stay in that part of the country.

(ii) In examining whether a part of the country of origin or country of return meets the

requirements in (i) regard will be had to the general circumstances prevailing in that

part of the country and to the personal circumstances of the person.

(iii) Sub-paragraph (i) applies notwithstanding technical obstacles to return to the

country of origin or country of return.

Sur place claims

339P. A person may have a well-founded fear of being persecuted or a real risk of suffering

serious harm based on events which have taken place since the person left the country of

origin or country of return and/or activities which have been engaged in by a person since

he left his country of origin or country of return, in particular where it is established that the

activities relied upon constitute the expression and continuation of convictions or

orientations held in the country of origin or country of return.

Residence Permits

339Q.

(i) There will be issued by an Immigration Officer to a person granted refugee status in

Jersey a Jersey Residence Permit which may take the form of a stamp in that

person’s passport (JRP) as soon as possible after the grant of refugee status. The

JRP may be valid for five years and renewable, unless compelling reasons of

national security or public order otherwise require or where there are reasonable

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grounds for considering that the applicant is a danger to security or having been

convicted by a final judgment of a particularly serious crime, the applicant constitutes

a danger to the community or the person’s character, conduct or associations

otherwise require.

(ii) There will be issued by an Immigration Officer to a person granted humanitarian

protection a JRP as soon as possible after the grant of humanitarian protection. The

JRP may be valid for five years and renewable, unless compelling reasons of

national security or public order otherwise require or where there are reasonable

grounds for considering that the person granted humanitarian protection is a danger

to security or having been convicted by a final judgment of a serious crime, this

person constitutes a danger to the community or the person’s character, conduct or

associations otherwise require.

(iii) A JRP will be issued by an Immigration Officer to a family member of a person

granted refugee status or humanitarian protection where the family member does

not qualify for such status. A JRP may be granted for a period of five years. The

JRP is renewable on the terms set out in (i) and (ii) respectively. “Family member”

for the purposes of this sub-paragraph refers only to those who are treated as

dependants for the purposes of paragraph 349.

(iv) A person’s JRP may be revoked or its renewal refused by an Immigration Officer

where his grant of refugee status or humanitarian protection is revoked under the

provisions in these Rules.

Requirements for indefinite leave to remain for persons granted refugee

status or humanitarian protection

339R. The requirements for indefinite leave to remain for a person granted refugee status

or humanitarian protection, or his dependants granted asylum or humanitarian protection in

line with the main applicant or any dependant granted in accordance with the requirements

of paragraphs 352A to 352FJ (Family Reunion), are that:

(i) the applicant has held a Jersey Residence Permit (JRP) issued under

paragraph 339Q for a continuous period of five years in Jersey; and

(ii) the applicant’s JRP has not been revoked or not renewed under paragraph

339A or 339G; and

(iii) the applicant has not:

a. been convicted of an offence for which he has been sentenced to

imprisonment for at least 4 years; or

b. been convicted of an offence for which he has been sentenced to

imprisonment for at least 12 months but less than 4 years, unless a

period of 15 years has passed since the end of the sentence; or

c. been convicted of an offence for which he has been sentenced to

imprisonment for less than 12 months, unless a period of 7 years has

passed since the end of the sentence; or

d. within the 24 months prior to the date on which the application has

been decided, been convicted of or admitted an offence for which he

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has received a non-custodial sentence or other out of court disposal

that is recorded on his criminal record; or

e. caused serious harm by his offending or persistently offended and

shown a particular disregard for the law; or

f. at the date on which the application has been decided, demonstrated

the undesirability of granting settlement in Jersey in light of his

conduct (including convictions which do not fall within paragraphs

339R(iii)(a-e)), character or associations or the fact that he

represents a threat to national security.

Indefinite leave to remain for a person granted refugee status or humanitarian

protection

339S. Indefinite leave to remain for a person granted refugee status or humanitarian

protection will be granted where each of the requirements in paragraph 339R is met.

Refusal of indefinite leave to remain for a person granted refugee status or

humanitarian protection

339T.

(i) Indefinite leave to remain for a person granted refugee status or humanitarian

protection is to be refused if any of the requirements of paragraph 339R is not met.

(ii) An applicant refused indefinite leave to remain under paragraph 339T(i) may apply

to have his Jersey Residence Permit extended in accordance with paragraph 339Q.

Consideration of asylum applications and human rights claims

340.

341.

342. The actions of anyone acting as an agent of the asylum applicant or human rights

claimant may also be taken into account in regard to the matters set out in paragraphs 339M

and 339N.

343.

344.

Travel documents

344A.

(i) After having received a complete application for a travel document, travel

documents will be issued to a person granted refugee status in Jersey and his family

members, in the form set out in the Schedule to the Refugee Convention, for the

purpose of travel outside Jersey, unless compelling reasons of national security or

public order otherwise require.

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(ii) After having received a complete application for a travel document, there will be

issued to a person granted humanitarian protection in Jersey and his family

members a travel document where that person is unable to obtain a national

passport or other identity documents which enable him to travel, unless compelling

reasons of national security or public order otherwise require.

(iii) Where the person referred to in (ii) can obtain a national passport or identity

documents but has not done so, that person will be issued with a travel document if

he can show that he has made reasonable attempts to obtain a national passport or

identity document and there are serious humanitarian reasons for travel.

(iv) For the purposes of paragraph 344A, a ‘family member’ refers only to a person who

has been treated as a dependant under paragraph 349 or a person who has been

granted leave to enter or remain in accordance with paragraphs 352A-352FJ.

344B.

Information

344C. A person who is granted refugee status or humanitarian protection will be provided

with access to information in a language that he may reasonably be supposed to understand

which sets out the rights and obligations relating to that status. The Minister will provide the

information as soon as possible after the grant of refugee status or humanitarian protection.

Third country cases

345. (1) If the Minister or, in the case of a person arriving in Jersey, an Immigration

Officer not below the rank of Senior Immigration Officer, is satisfied that there is a safe

country to which an asylum applicant can be sent, his application will normally be refused

without substantive consideration of his claim to refugee status.

(2) A safe country is one in which the life or freedom of the asylum applicant would not

be threatened (within the meaning of Article 33 of the Refugee Convention) and the

government of which would not send the applicant elsewhere in a manner contrary to the

principles of the Convention.

(3) An asylum applicant shall not be removed without substantive consideration of his

claim unless –

(i) the asylum applicant has not arrived in Jersey directly from the country in

which he claims to fear persecution and has had an opportunity at the border

or within the territory of a third country to make contact with that country's

authorities in order to seek their protection, or

(ii) there is other clear evidence of his admissibility to a third country.

Provided that a case meets the above criteria, there is no obligation to consult the authorities

of the third country before the removal of an asylum applicant.

345A. When an asylum applicant has come to Jersey from another country which is a party

to the Refugee Convention and which has considered and rejected an application for

asylum from him, his application for asylum in Jersey may be refused without substantive

consideration of his claim to refugee status. He may be removed to that country, or another

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country meeting the criteria of paragraph 345, and invited to raise any new circumstances

with the authorities of the country which originally considered his application.

Fresh claims

346. When a human rights or asylum claim has been refused or withdrawn or treated as

withdrawn under paragraph 333C and any appeal relating to that claim is no longer pending,

the decision maker will consider any further submissions and, if rejected, will then determine

whether they amount to a fresh claim.

346A. The submissions will amount to a fresh claim if they are significantly different from

the material that has previously been considered. The submissions will only be significantly

different if the content:

(i) had not already been considered; and

(ii) taken together with the previously considered material, created a realistic prospect

of success, notwithstanding its rejection.

This paragraph does not apply to claims made overseas.

346B. Consideration of further submissions shall be subject to the procedures set out in

these Rules. An applicant who has made further submissions shall not be removed before

the submissions have been considered.

Exceptional Circumstances

346C. Where further submissions have been made and the decision maker has

established whether or not they amount to a fresh claim under paragraph 346, or in cases

with no outstanding further submissions whose appeal rights have been exhausted and

which are subject to a review, the decision maker will also have regard to the migrant’s:

(i) character, conduct and associations including any criminal record and the nature of

any offence of which the migrant concerned has been convicted;

(ii) compliance with any conditions attached to any previous grant of leave to enter or

remain and compliance with any conditions of temporary admission or immigration

bail where applicable;

(iii) length of time spent in Jersey for reasons beyond the migrant’s control after the

human rights or asylum claim has been submitted or refused,

in deciding whether there are exceptional circumstances which mean that removal from

Jersey is no longer appropriate.

This paragraph does not apply to submissions made overseas.

This paragraph does not apply where the person is liable to deportation.

Rights of appeal

348.

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Dependants

349. A spouse, civil partner or unmarried partner, or minor child accompanying a principal

applicant may be included in his application for asylum as his dependant, provided, in the

case of an adult dependant with legal capacity, the dependant consents to being treated as

such at the time the application is lodged. A spouse, civil partner or unmarried partner or

minor child may also claim asylum in his own right. If the principal applicant is granted

refugee status or humanitarian protection and leave to enter or remain any spouse, civil

partner or unmarried partner or minor child will be granted leave to enter or remain for the

same duration. The case of any dependant who claims asylum in his own right will be also

considered individually in accordance with paragraph 334. An applicant under this

paragraph, including an accompanied child, may be interviewed where he makes a claim

as a dependant or in his own right.

If the spouse, civil partner or unmarried partner, or minor child in question has a claim in his

own right, that claim should be made at the earliest opportunity. Any failure to do so will be

taken into account and may damage credibility if no reasonable explanation for it is given.

Where an asylum or humanitarian protection application is unsuccessful, at the same time

that asylum or humanitarian protection is refused the applicant may be notified of removal

directions or served with a notice of intention to deport him, as appropriate. In this paragraph

and paragraphs 350-352 a child means a person who is under 18 years of age or who, in

the absence of documentary evidence establishing age, appears to be under that age. An

unmarried partner for the purposes of this paragraph, is a person who has been living

together with the principal applicant in a subsisting relationship akin to marriage or a civil

partnership for 2 years or more.

Unaccompanied children

350. Unaccompanied children may also apply for asylum and, in view of their potential

vulnerability, particular priority and care is to be given to the handling of their cases.

351. A person of any age may qualify for refugee status under the Convention and the

criteria in paragraph 334 apply to all cases. However, account should be taken of the

applicant’s maturity and in assessing the claim of a child more weight should be given to

objective indications of risk than to the child’s state of mind and understanding of his

situation. An asylum application made on behalf of a child should not be refused solely

because the child is too young to understand his situation or to have formed a well-founded

fear of persecution. Close attention should be given to the welfare of the child at all times.

352. Any child over the age of 12 who has claimed asylum in his own right shall be

interviewed about the substance of his claim unless the child is unfit or unable to be

interviewed. When an interview takes place, it shall be conducted in the presence of a

parent, guardian, representative or another independent adult who has responsibility for the

child. The interviewer shall have specialist training in the interviewing of children and have

particular regard to the possibility that a child will feel inhibited or alarmed. The child shall

be allowed to express himself in his own way and at his own speed. If the child appears

tired or distressed, the interview will be suspended. The interviewer should then consider

whether it would be appropriate for the interview to be resumed the same day or on another

day.

352ZA. The Minister shall as soon as possible after an unaccompanied child makes an

application for asylum take measures to ensure that a representative represents and/or

assists the unaccompanied child with respect to the examination of the application and

ensure that the representative is given the opportunity to inform the unaccompanied child

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about the meaning and possible consequences of the interview and, where appropriate,

how to prepare himself for the interview. The representative shall have the right to be

present at the interview and ask questions and make comments in the interview, within the

framework set by the interviewer.

352ZB. The decision on the application for asylum shall be taken by a person who is trained

to deal with asylum claims from children.

Requirements for limited leave to remain as an unaccompanied asylum

seeking child.

352ZC. The requirements to be met in order for a grant of limited leave to remain to be

made in relation to an unaccompanied asylum seeking child under paragraph 352ZE are:

(a) the applicant is an unaccompanied asylum seeking child under the age of 17½ years

throughout the duration of leave to be granted in this capacity;

(b) the applicant must have applied for asylum and been granted neither refugee status

nor humanitarian protection;

returned if leave to remain were not granted;

(d) the applicant must not be excluded from being a refugee as referred to in paragraph

334 or excluded from a grant of humanitarian protection under paragraph 339D or

both;

(e) there are no reasonable grounds for regarding the applicant as a danger to security;

(f) the applicant has not been convicted by a final judgment of a particularly serious

crime, and the applicant does not constitute a danger to the community; and

(g) the applicant is not, at the date of his application, the subject of a deportation order

or a decision to make a deportation order.

352ZD. An unaccompanied asylum seeking child is a person who:

(a) is under 18 years of age when the asylum application is submitted.

(b) is applying for asylum in his own right; and

by custom has responsibility to do so.

352ZE. Limited leave to remain should be granted for a period of 30 months or until the

child is 17½ years of age whichever is shorter, provided that the Minister is satisfied that

the requirements in paragraph 352ZC are met.

352ZF. Limited leave granted under this provision will cease if:

(a) any one or more of the requirements listed in paragraph 352ZC cease to be met, or

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(b) a misrepresentation or omission of facts, including the use of false documents, were

decisive for the grant of leave under 352ZE.

Refugee Family Reunion

352A. The requirements to be met by a person seeking leave to enter or remain in Jersey

as the spouse or civil partner of a person granted refugee status are that:

(i) the applicant is married to or the civil partner of a person who currently has

refugee status granted under the Immigration Rules in Jersey; and

(ii) the marriage or civil partnership did not take place after the person granted

refugee status left the country of his former habitual residence in order to

seek asylum; and

(iii) the applicant would not be excluded from protection by virtue of paragraph

334(iii) or (iv) or Article 1F of the Refugee Convention if he were to seek

asylum in his own right; and

(iv) each of the parties intends to live permanently with the other as his spouse

or civil partner and the marriage or civil partnership is subsisting; and

(v) the parties are not involved in a consanguineous relationship with one

another; and

(vi) if seeking leave to enter, the applicant holds a valid entry clearance for entry

in this capacity.

352AA. The requirements to be met by a person seeking leave to enter or remain in Jersey

as the unmarried partner of a person granted refugee status are that:

(i) the applicant is the unmarried partner of a person who currently has refugee

status granted under the Immigration Rules in Jersey; and

(ii) the parties have been living together in a relationship akin to either a

marriage or a civil partnership which has subsisted for 2 years or more; and

(iii) the relationship existed before the person granted refugee status left the

country of his former habitual residence in order to seek asylum; and

(iv) the applicant would not be excluded from protection by virtue of paragraph

334(iii) or (iv) or Article 1F of the Refugee Convention if he were to seek

asylum in his own right; and

(v) each of the parties intends to live permanently with the other as his

unmarried partner and the relationship is subsisting; and

(vi) the parties are not involved in a consanguineous relationship with one

another; and

(viii) if seeking leave to enter, the applicant holds a valid entry clearance for entry

in this capacity.

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352B. Limited leave to enter Jersey as the spouse or civil partner of a person who currently

has refugee status may be granted provided a valid entry clearance for entry in this capacity

is produced to the Immigration Officer on arrival. Limited leave to remain in Jersey as the

spouse or civil partner of a person who currently has refugee status may be granted

provided the Minister is satisfied that each of the requirements of paragraph 352A (i) - (v)

is met.

352BA. Limited leave to enter Jersey as the unmarried partner of a person who currently

has refugee status may be granted provided a valid entry clearance for entry in this capacity

is produced to the Immigration Officer on arrival. Limited leave to remain in Jersey as the

unmarried partner of a person who currently has refugee status may be granted provided

the Minister is satisfied on a recommendation made to him by the Minister that each of the

requirements of paragraph 352AA (i) - (vii) is met.

352C. Limited leave to enter Jersey as the spouse or civil partner of a person who currently

has refugee status is to be refused if a valid entry clearance for entry in this capacity is not

produced to the Immigration Officer on arrival. Limited leave to remain as the spouse or

civil partner of a person who currently has refugee status is to be refused if the Minister is

not satisfied that each of the requirements of paragraph 352A (i) - (v) are met.

352CA. Limited leave to enter Jersey as the unmarried partner of a person who currently

has refugee status is to be refused if a valid entry clearance for entry in this capacity is not

produced to the Immigration Officer on arrival. Limited leave to remain as the unmarried

partner of a person who currently has refugee status is to be refused if the Minister is not

satisfied that each of the requirements of paragraph 352AA (i) - (vii) is met.

352D. The requirements to be met by a person seeking leave to enter or remain in Jersey

in order to join or remain with the parent who currently has refugee status are that the

applicant:

(i) is the child of a parent who currently has refugee status granted under the

immigration rules in Jersey; and

(ii) is under the age of 18; and

(iii) is not leading an independent life, is unmarried and is not a civil partner, and

has not formed an independent family unit; and

(iv) was part of the family unit of the person granted asylum at the time that the

person granted asylum left the country of his habitual residence in order to

seek asylum; and

(v) the applicant would not be excluded from protection by virtue of paragraph

334(iii) or (iv) or Article 1F of the Refugee Convention if he were to seek

asylum in his own right; and

(vi) if seeking leave to enter, holds a valid entry clearance for entry in this

capacity.

352E. Limited leave to enter Jersey as the child of a person who currently has refugee

status may be granted provided a valid entry clearance for entry in this capacity is produced

to the Immigration Officer on arrival. Limited leave to remain in Jersey as the child of a

person who currently has refugee status may be granted provided the Minister is satisfied

that each of the requirements of paragraph 352D (i) - (v) is met.

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352F. Limited leave to enter Jersey as the child of a person who currently has refugee

status is to be refused if a valid entry clearance for entry in this capacity is not produced to

the Immigration Officer on arrival. Limited leave to remain as the child of a person who

currently has refugee status is to be refused if the Minister is not satisfied that each of the

requirements of paragraph 352D (i) - (v) is met.

352FA. The requirements to be met by a person seeking leave to enter or remain in Jersey

as the spouse or civil partner of a person who currently has humanitarian protection are

that:

(i) the applicant is married to or the civil partner of a person who currently has

humanitarian protection granted under the Immigration Rules in Jersey; and

(ii) the marriage or civil partnership did not take place after the person granted

humanitarian protection left the country of his former habitual residence in

order to seek asylum in Jersey; and

(iii) the applicant would not be excluded from a grant of humanitarian protection

for any of the reasons in paragraph 339D; and

(iv) each of the parties intend to live permanently with the other as his spouse or

civil partner and the marriage or civil partnership is subsisting; and

(v) the parties are not involved in a consanguineous relationship with one

another; and

(vi) if seeking leave to enter, the applicant holds a valid entry clearance for entry

in this capacity.

352FB. Limited leave to enter Jersey as the spouse or civil partner of a person who currently

has humanitarian protection may be granted provided a valid entry clearance for entry in

this capacity is produced to the Immigration Officer on arrival. Limited leave to remain in

Jersey as the spouse or civil partner of a person who currently has humanitarian protection

may be granted provided the Minister is satisfied that each of the requirements in sub

paragraphs 352FA(i) - (iv) is met.

352FC. Limited leave to enter Jersey as the spouse or civil partner of a person who currently

has humanitarian protection is to be refused if a valid entry clearance for entry in this

capacity is not produced to the Immigration Officer on arrival. Limited leave to remain as

the spouse or civil partner of a person who currently has humanitarian protection is to be

refused if the Minister is not satisfied that each of the requirements in sub paragraphs

352FA (i) - (iv) is met.

352FD. The requirements to be met by a person seeking leave to enter or remain in Jersey

as the unmarried partner of a person who currently has humanitarian protection are that:

(i) the applicant is the unmarried partner of a person who currently has

humanitarian protection granted under the Immigration Rules in Jersey; and

(ii) the parties have been living together in a relationship akin to either a

marriage or a civil partnership which has subsisted for 2 years or more; and

(iii) the relationship existed before the person granted humanitarian protection

left the country of his former habitual residence in order to seek asylum; and

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(iv) the applicant would not be excluded from a grant of humanitarian protection

for any of the reasons in paragraph 339D; and

(v) each of the parties intends to live permanently with the other as his

unmarried partner and the relationship is subsisting; and

(vi) the parties are not involved in a consanguineous relationship with one

another; and

(vii) if seeking leave to enter, the applicant holds a valid entry clearance for entry

in this capacity.

352FE. Limited leave to enter Jersey as the unmarried partner of a person who currently

has humanitarian protection may be granted provided a valid entry clearance for entry in

this capacity is produced to the Immigration Officer on arrival. Limited leave to remain in

Jersey as the unmarried partner of a person who currently has humanitarian protection may

be granted provided the Minister is satisfied that each of the requirements in subparagraphs

352FD (i) - (vi) is met.

352FF. Limited leave to enter Jersey as the unmarried partner of a person who currently

has humanitarian protection is to be refused if a valid entry clearance for entry in this

capacity is not produced to the Immigration Officer on arrival. Limited leave to remain as

the unmarried partner of a person who currently has humanitarian protection is to be refused

if the Minister is not satisfied that each of the requirements in sub paragraphs 352FD(i) -

(vi) is met.

352FG. The requirements to be met by a person seeking leave to enter or remain in Jersey

in order to join or remain with his parent who currently has humanitarian protection are that

the applicant:

(i) is the child of a parent who currently has humanitarian protection under the

Immigration Rules in Jersey; and

(ii) is under the age of 18; and

(iii) is not leading an independent life, is unmarried or is not in a civil partnership,

and has not formed an independent family unit; and

(iv) was part of the family unit of the person granted humanitarian protection at

the time that the person granted humanitarian protection left the country of

his habitual residence in order to seek asylum in Jersey; and

(v) would not be excluded from a grant of humanitarian protection for any of the

reasons in paragraph 339D; and

(vi) if seeking leave to enter, holds a valid entry clearance for entry in this

capacity.

352FH. Limited leave to enter Jersey as the child of a person who currently has

humanitarian protection may be granted provided a valid entry clearance for entry in this

capacity is produced to the Immigration Officer on arrival. Limited leave to remain in Jersey

as the child of a person who currently has humanitarian protection may be granted provided

the Minister is satisfied that each of the requirements in sub paragraphs 352FG (i) -(v) is

met.

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352FI. Limited leave to enter Jersey as the child of a person who currently has

humanitarian protection is to be refused if a valid entry clearance for entry in this capacity

is not produced to the Immigration Officer on arrival. Limited leave to remain as the child

of a person who currently has humanitarian protection is to be refused if the Minister is not

satisfied that each of the requirements in sub paragraphs 352FG (i)-(v) is met.

352FJ. Nothing in paragraphs 352A-352FI shall allow a person to be granted leave to enter

or remain in Jersey as the spouse or civil partner or unmarried partner or child of a person

who has been granted refugee status, or of a person granted humanitarian protection under

the Immigration Rules in Jersey, if the person granted refugee status or, as the case may

be, person granted humanitarian protection, is a British citizen.”

Interpretation

352G. For the purposes of this Part:

(a)

(b) “Country of return” means a country or territory listed in paragraph 8 (1)(c) of

Schedule 2 of the Immigration Act 1971;

person, or former habitual residence.

PART 11B

Asylum

Reception Conditions for non-EU asylum applicants

357. Part 11B only applies to asylum applicants (within the meaning of these Rules) who

are not nationals of a member State.

Information to be provided to asylum applicants

357A. The Minister shall make arrangements which ensure that asylum applicants are

informed in a language they may reasonably be supposed to understand and within a

reasonable time after their claims for asylum have been recorded of the procedure to be

followed, their rights and obligations during the procedure, and the possible consequences

of non-compliance and non-co-operation.

They shall be informed of the likely timeframe for consideration of the application and the

means at their disposal for submitting all relevant information.

358. The Minister shall ensure that asylum applicants are informed within a reasonable

time not exceeding fifteen days after their claims for asylum have been recorded of the

benefits and services that they may be eligible to receive and of the rules and procedures

with which they must comply relating to them.

The Minister shall also provide information on non-governmental organisations and persons

that provide legal assistance to asylum applicants and which may be able to help asylum

applicants or provide information on available benefits and services.

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358A. The Minister shall ensure that the information referred to in paragraph 358 is

available in writing and, to the extent possible, will provide the information in a language

that asylum applicants may reasonably be supposed to understand.

Where appropriate, the Minister may also arrange for this information to be supplied orally.

Information to be provided by asylum applicants

358B. An asylum applicant must notify an Immigration Officer of his current address and

of any change to his address or residential status. If not notified beforehand, any change

must be so notified without delay after it occurs.

The United Nations High Commissioner for Refugees

358C. A representative of the United Nations High Commissioner for Refugees (UNHCR)

or an organisation working in Jersey on behalf of the UNHCR pursuant to an agreement

with the government of Jersey shall:

(a) have access to applicants for asylum, including those in detention;

(b) have access to information on individual applications for asylum, on the course of

the procedure and on the decisions taken on applications for asylum, provided that

the applicant for asylum agrees thereto;

under Article 35 of the Geneva Convention, to the Minister or to the Minister (or both)

regarding individual applications for asylum at any stage of the procedure.

This paragraph shall also apply where the Minister is considering revoking a person’s

refugee status in accordance with these Rules.

Documentation

359. The Immigration Officer shall ensure that, within three working days of recording an

asylum application, a document is made available to that asylum applicant, issued in his

own name, certifying his status as an asylum applicant or testifying that he is allowed to

remain in Jersey while his asylum application is pending. For the avoidance of doubt, in

cases where the Minister declines to examine an application it will no longer be pending for

the purposes of this rule.

359A. The obligation in paragraph 359 shall not apply where the asylum applicant is

detained under the Immigration Acts.

359B. A document issued to an asylum applicant under paragraph 359 does not constitute

evidence of the asylum applicant’s identity.

359C. In specific cases an Immigration Officer may provide an asylum applicant with

evidence equivalent to that provided under rule 359. This might be, for example, in

circumstances in which it is only possible or desirable to issue a time-limited document.

360.

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Interpretation

361. For the purposes of this Part –

(a) ‘working day’ means any day other than a Saturday or Sunday, a bank holiday,

Christmas day or Good Friday;

(b) ‘member State’ has the same meaning as in Article 1 of the European Union (Jersey)

Law 1973.

PART 12:

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PART 13: DEPORTATION

This part of the Rules sets out when a person will be considered for deportation and when

a deportation order will be revoked. It also applies where deportation is recommended by a

court.

A deportation order is made on the grounds that the deportation of the person is conducive

to the public good.

Deportation of EEA citizens and their family members on public policy, public security or

public health grounds is set out in the EEA Regulations 2016 (as saved).

A deportation order invalidates any permission to enter or stay in Jersey and prevents the

person from returning to Jersey while the deportation order is in force.

Where deportation is being considered and the person has made a claim under Article 8 of

the Human Rights Convention, that claim will be considered in line with the provisions under

this Part.

Where deportation would be a breach of a person’s rights under the Human Rights (Jersey)

Law 2000, they may be granted permission to enter or stay in Jersey for a temporary period.

Exemptions from deportation are set out at Section 7 and Section 8 of the Immigration Act

1971 as extended to Jersey by the Immigration (Jersey) Order 2021.

This Part is in four sections:

1. Grounds for deportation

2. Article 8 ECHR exceptions to deportation

3. Outcome of an Article 8 decision

4. Revocation of a deportation order

Section 1: Grounds for deportation

13.1.1.

A foreign national, who is not an Irish citizen, is liable for deportation where:

(a)

they have been convicted of a criminal offence for which they have received a

custodial sentence of at least 12 months; or

(b)

the Minister otherwise considers that the deportation of the foreign national is

conducive to the public good; or

(c)

they are the spouse, civil partner or child aged under 18 of a foreign national who

is, or has been ordered to be, deported.

13.1.2.

An Irish citizen may only be deported where a court has recommended

deportation or where the Minister concludes that, due to the exceptional

circumstances of the case, the public interest requires deportation.

13.1.3.

A deportation order will not be made if the foreign national’s removal from Jersey

pursuant to the order would be contrary to Jersey’s obligations under the

Refugee Convention or the Human Rights Convention, and, where deportation

would not be contrary to these obligations, the presumption is in favour of

deportation.

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Section 2: Article 8 ECHR exceptions to deportation

13.2.1.

Where a foreign national has been convicted in Jersey or overseas and received

a custodial sentence of at least 12 months; has been convicted of an offence that

has caused serious harm; or is a persistent offender, the public interest requires

the foreign national's deportation unless:

(a)

the private life exception in paragraph 13.2.3, or the family life exception in

paragraph 13.2.4, is met; or

(b)

there are very compelling circumstances such that removal would be contrary to

the Human Rights (Jersey) Law 2000.

13.2.2.

A foreign national, who has received a custodial sentence of at least 4 years,

must show very compelling circumstances over and above the exception in

paragraph 13.2.3. or13.2.4 for deportation to be a breach of Article 8 of the

Human Rights Convention.

13.2.3.

The Article 8 private life exception is met where:

(a)

the foreign national has been lawfully resident in Jersey for most of their life; and

(b)

they are socially and culturally integrated in Jersey; and

(c)

there would be very significant obstacles to their integration into the country to

which they are to be deported.

13.2.4.

The Article 8 family life exception is met where the foreign national has:

(a)

a parental relationship with a child that meets all the requirements of paragraph

13.2.5; or

(b)

a partner relationship that meets all the requirements of paragraph 13.2.6.

13.2.5.

The foreign national has a parental relationship with a child and all of the following

apply:

(a)

the relationship is genuine and subsisting; and

(b)

the child is either a British citizen or has lived in Jersey continuously for at least

the 7 years immediately before the date of the decision to make the deportation

order; and

(c)

the child is at the date of the decision to make the deportation order resident in

Jersey; and

(d)

it would be unduly harsh for the child to live in the country to which the foreign

national is to be deported; and

(e)

it would be unduly harsh for the child to stay in Jersey without the foreign national

who is to be deported.

13.2.6.

The foreign national has a partner relationship and all of the

following apply:

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(a)

the foreign national’s relationship with the partner is genuine and subsisting;

and

(b)

the partner is either a British citizen or is settled in Jersey; and

(c)

the partner is resident in Jersey; and

(d)

the relationship did not begin when the foreign national to be deported was in

Jersey unlawfully or when their immigration status was precarious; and

(e)

it would be unduly harsh for that partner to live in the country to which the

foreign national is to be deported; and

(f)

it would be unduly harsh for that partner to stay in Jersey without the foreign

national who is to be deported.

Section 3: Outcome of an Article 8 Decision

13.3.1.

If the decision maker is satisfied that the exception in paragraph 13.2.3 or

13.2.4, or both, is met, and the foreign national does not have permission

(including where previous permission has been cancelled, invalidated or

revoked), the foreign national will be granted temporary permission.

13.3.2.

Where temporary permission is granted under paragraph 13.3.1, it will be

granted for a period not exceeding 30 months and subject to such conditions

the Minister considers to be appropriate.

Section 4: Revocation of a deportation order

13.4.1 Revocation of a deportation order does not entitle the foreign national to re-

enter Jersey; it means they may apply for and may be granted entry clearance

or permission to enter or stay in Jersey.

13.4.2.

A deportation order remains in force until either:

(a)

it is revoked; or

(b)

it has been quashed by a court.

13.4.3. A foreign national who is subject to a deportation order can apply to the Jersey

Customs and Immigration Service for revocation of the order and should

normally apply from outside Jersey after they have been deported.

13.4.4. Where an application for revocation is made, a deportation order will be

revoked where:

(a) in the case of a foreign national who has been convicted of an offence and

sentenced to a period of imprisonment of less than 4 years, the Article 8

private or family life exception set out in paragraph 13.2.3 or 13.2.4, or both, is

met or where there are very compelling circumstances which would make a

decision not to revoke the deportation order a breach of Article 8 of the Human

Rights Convention; or

(b) in the case of a foreign national who has been convicted of an offence and

sentenced to a period of imprisonment of 4 years or more, there are very

compelling circumstances which would make a decision not to revoke the

deportation order a breach of Article 8 of the Human Rights Convention; or

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Rights Convention or the Refugee Convention.

13.4.5. Where an application for revocation is made, a deportation order made in

relation to a foreign national who has not been convicted of an offence for

which they received a custodial sentence may be revoked where there has

been a material change in circumstances in relation to the factors that resulted

in the foreign national’s deportation on the ground it was conducive to the

public good.

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PART 14: STATELESS PERSONS

Definition of a stateless person

401. For the purposes of this Part a stateless person is a person who:

(a) satisfies the requirements of Article 1(1) of the 1954 United Nations Convention

relating to the Status of Stateless Persons, as a person who is not considered as a

national by any State under the operation of its law;

(b) is in Jersey; and

Exclusion from recognition as a stateless person

402. A person is excluded from recognition as a stateless person if there are serious

reasons for considering that the person:

(a) is at present receiving from organs or agencies of the United Nations, other than the

United Nations High Commissioner for Refugees, protection or assistance, so long

as the person is receiving such protection or assistance;

(b) is recognised by the competent authorities of the country of his or her former habitual

residence as having the rights and obligations which are attached to the possession

of the nationality of that country;

defined in the international instruments drawn up to make provisions in respect of

such crimes;

(d) has committed a serious non-political crime outside Jersey prior to his or her arrival

in Jersey;

(e) has been guilty of acts contrary to the purposes and principles of the United Nations.

Requirements for limited leave to remain as a stateless person

403. The requirements for leave to remain in Jersey as a stateless person are that the

applicant:

(a) has made a valid application to the Minister for limited leave to remain as a stateless

person;

(b) is recognised as a stateless person in accordance with paragraph 401 by the

Minister on a recommendation of the Minister;

country; and

(d) has obtained and submitted all reasonably available evidence to enable the Minister

to make a recommendation for the purpose of the Minister’s determination whether

the applicant is stateless.

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Refusal of limited leave to remain as a stateless person

404. An applicant will be refused leave to remain in Jersey as a stateless person if:

(a) the applicant does not meet the requirements of paragraph 403;

(b) there are reasonable grounds for considering that the applicant is:

(i) a danger to security, or

(ii) a danger to public order; or

these Rules.

Grant of limited leave to remain to a stateless person

405. An applicant who meets the requirements of paragraph 403 may be granted limited

leave to remain in Jersey for a period not exceeding 30 months.

Curtailment of limited leave to remain as a stateless person

406. Limited leave to remain as a stateless person under paragraph 405 may be curtailed

where the stateless person is a danger to security or public order or where leave would be

curtailed pursuant under Part 9 of these Rules.

Requirements for indefinite leave to remain as a stateless person

407. The requirements for indefinite leave to remain as a stateless person are that the

applicant:

(a) has made a valid application to the Minister for indefinite leave to remain as a

stateless person;

(b) was last granted limited leave to remain as a stateless person in accordance with

paragraph 405;

period of overstaying for a period of 28 days or less will be disregarded; and

(d) continues to meet the requirements of paragraph 403.

Grant of indefinite leave remain as a stateless person

408. An applicant who meets the requirements of paragraph 407 may be granted

indefinite leave to remain.

Refusal of indefinite leave to remain as a stateless person

409. An applicant will be refused indefinite leave to remain if:

(a) the applicant does not meet the requirements of paragraph 407;

(b) there are reasonable grounds for considering that the applicant is:

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(i) a danger to security, or

(ii) a danger to public order; or

Requirements for limited leave to enter or remain as the family member of a

stateless person

410. For the purposes of this Part a family member of a stateless person means his or

her:

(a) spouse;

(b) civil partner;

relationship akin to marriage or a civil partnership for 2 years or more;

(d) child under 18 years of age who:

(i) is not leading an independent life;

(ii) is not married or a civil partner; and

(iii) has not formed an independent family unit.

411. The requirements for leave to enter or remain in Jersey as the family member of a

stateless person are that the applicant:

(a) has made a valid application to the Minister for leave to enter or remain as the family

member of a stateless person;

(b) is the family member of a person granted leave to remain under paragraph 405 or

408; and

Refusal of leave to enter or remain as the family member of a stateless person

412. A family member will be refused leave to enter or remain if:

(a) the family member does not meet the requirements of paragraph 411;

(b) there are reasonable grounds for considering that the family member is:

(i) a danger to security, or

(ii) a danger to public order; or

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Grant of leave to enter or remain as the family member of a stateless person

413. A person who meets the requirements of paragraph 411 may be granted leave to

enter or remain for a period not exceeding 30 months.

Curtailment of limited leave to enter or remain as the family member of a

stateless person

414. Limited leave to remain as the family member of a stateless person under paragraph

413 may be curtailed where the family member is a danger to security or to public order or

where leave would be curtailed under Part 9 of these Rules.

Requirements for indefinite leave to remain as the family member of a

stateless person

415. The requirements for indefinite leave to remain as the family member of a stateless

person are that the applicant:

(a) has made a valid application to the Minister for indefinite leave to remain as the

family member of a stateless person;

(b) was last granted limited leave to remain as a family member of a stateless person

in accordance with paragraph 413; and

(i) is still a family member of a stateless person; or

(ii) is over 18 and was last granted leave as the family member of a stateless

person; and

(ba) is not leading an independent life;

(bb) is not married or a civil partner;

(bc) has not formed an independent family unit: and

(bd) has spent a continuous period of 5 years with lawful leave in Jersey, except

that any period of overstaying for a period of 28 days or less will be

disregarded.

Refusal of indefinite leave to remain as the family member of a stateless

person

416. An applicant will be refused indefinite leave to remain as a family member of a

stateless person if:

(a) the applicant does not meet the requirements of paragraph 415;

(b) there are reasonable grounds for considering that the applicant is:

(i) a danger to security, or

(ii) a danger to public order; or

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APPENDIX KOLL: KNOWLEDGE OF LANGUAGE AND LIFE

PART 1: GENERAL

1.1 Purpose

This Appendix sets out the way in which an applicant for leave to enter or remain must

demonstrate sufficient knowledge of the English language and about life in the United

Kingdom and Jersey where it is a requirement of the Rules to demonstrate this for the

purposes of an application for indefinite leave to enter or remain. It also sets out general

exemptions to the requirement on grounds of age and enables the decision maker to waive

the requirement in light of special circumstances in any particular case.

"Specified" in this Appendix means "specified in Part 4 of this Appendix"

PART 2: KNOWLEDGE OF LANGUAGE AND LIFE

2.1 An applicant for leave to enter or remain has sufficient knowledge of the English

language and about life in the United Kingdom and Jersey for the purpose of an

application for indefinite leave to enter or remain made under these Rules if the

requirements set out in paragraphs 2.2 and 2.3 (of this Appendix) are met unless the

exceptions set out in Part 3 (of this Appendix) apply.

2.2 For the purposes of paragraph 2.1 (of this Appendix), an applicant has sufficient

knowledge of the English language if:

(a) the applicant has provided specified documentary evidence that:

(i) the applicant is a national or citizen of one of the following countries:

Antigua and Barbuda

Australia

The Bahamas

Barbados

Belize

British Overseas Territories

Canada

Dominica

Grenada

Guyana

Jamaica

New Zealand

St Kitts and Nevis

St Lucia

St Vincent and the Grenadines

Trinidad and Tobago

USA

(ii) the applicant has passed an English language test in speaking and

listening at a minimum level B1 of the Common European Framework of

Reference for Languages with a provider approved by the Secretary of

State for the respective purposes, as listed on the gov.uk website; or

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(iii) the applicant has obtained an academic qualification (not a professional

or vocational qualification), which is deemed by Ecctis to meet the

recognised standard of a Bachelor's or Master's degree or PhD in the

United Kingdom, from an educational establishment in one of the

following countries:

Antigua and Barbuda

Australia

The Bahamas

Barbados

Belize

British Overseas Territories

Dominica

Grenada

Guyana

Ireland

Jamaica

New Zealand

St Kitts and Nevis

St Lucia

St Vincent and The Grenadines

Trinidad and Tobago

USA

and provides the specified documents;

(iv) the applicant has obtained an academic qualification (not a professional

or vocational qualification) which is deemed by Ecctis to meet the

recognised standard of a Bachelor's or Master's degree or PhD in the

United Kingdom, and

(1) provides the specified documentary evidence to show he has the

qualification, and

(2) Ecctis has confirmed that the qualification was taught or

researched in English;

(v) the applicant has obtained an academic qualification (not a professional

or vocational qualification) which is deemed by Ecctis to meet the

recognised standard of a Bachelor's or Master's degree or PhD in the

United Kingdom, and provides the specified evidence to show:

(1) he has the qualification, and

(2) that the qualification was taught or researched in English;

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(vi) the applicant has taken and passed in England, Wales or Northern

Ireland a qualification in English for Speakers of Other Languages

(ESOL) which:

(aa) includes speaking and listening;

(bb) is at ESOL Entry level 3, level 1, level 2 or level 3;

(cc) is regulated by the Office of Qualifications and Examinations

Regulation (OFQUAL), the Welsh Government or the Council for

Curriculum, Examinations and Assessment (CCEA); and

(dd) is listed as an ESOL qualification on the Register of Regulated

Qualifications;

(vii) the applicant has passed in Scotland a National Qualification in English

for Speakers of Other Languages at Scottish Credit and Qualifications

Framework (SCQF) level 4, 5 or 6 awarded by the Scottish Qualifications

Authority;

(b) the applicant-

(i) has limited leave to enter or remain in Jersey, and

(ii) that leave (or a grant of leave which preceded it provided any periods of

leave since have been unbroken) was given on the basis that the

applicant had an English language qualification at a minimum level of B1

on the Common European Framework of Reference for Languages.

2.3 For the purposes of sub-paragraph (1), an applicant has sufficient knowledge about

life in the United Kingdom and Jersey if:

(a) the applicant has passed the test known as the "Life in the UK test"

administered by learndirect limited; or

(b) in respect of an applicant who was resident in the Isle of Man, the applicant

took and passed the test in the Isle of Man known as the "Life in the UK test"

and which was administered by an educational institution or other person

approved for that purpose by the Minister; or

Jersey, the applicant took and passed the test known as the "Citizenship Test"

and which was administered by an educational institution or other person

approved for that purpose by the Minister of Guernsey or Jersey (as the case

may be).

PART 3: EXCEPTIONS

3.1 Notwithstanding any requirement to the contrary in these Rules, for the purposes of

this Appendix, an applicant will not be required to demonstrate sufficient knowledge

of the English language and about life in the United Kingdom and Jersey where:

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(a) the applicant is under 18 years of age at the date of the application; or

(b) the applicant is at least 65 years of age at the date of the application; or

because of the applicant's mental or physical condition, it would be

unreasonable to expect the applicant to fulfil that requirement.

3.2 In the following circumstances an applicant will be deemed to have demonstrated

sufficient knowledge of the English language and about life in the United Kingdom

and Jersey:

(a) where the application for indefinite leave to remain in Jersey is made under:

(i) paragraph 196D and the applicant has had, as at the day on which the

application is made, continuous leave to enter or remain in Jersey for at

least 15 years as the spouse or civil partner of a person who has or has

had leave to enter or remain under paragraphs 128-193; or

(ii) paragraph 198 and the applicant has had, as at the day on which the

application was made, continuous leave to enter or remain in Jersey for

at least 15 years as the child of a person who has or has had leave to

enter or remain in Jersey under paragraphs 128–193; or

(iii) paragraph 248D and the applicant has had, as at the day on which the

application was made, continuous leave to enter or remain in Jersey for

at least 15 years as a person exercising rights of access to a child

resident in Jersey and that child is under the age of 18 at the day on

which the applicant's application for indefinite leave is made under

paragraph 248D; or

(iv)

(v)

(vi) paragraph 287 and the applicant has had, as at the day on which the

application is made, continuous leave to enter or remain in Jersey for at

least 15 years under paragraph 281 or paragraph 284; or

(vii) paragraph 295G and the applicant has had, as at the day on which the

application is made, continuous leave to enter or remain in Jersey for at

least 15 years under paragraph 295B or paragraph 295D; or

(viii) paragraph 298 and the applicant has had, as at the day on which the

application is made, continuous leave to enter or remain in Jersey for at

least 15 years under paragraph 302; or

(ix)

(x)

(xi) paragraphs 15-17 and paragraphs 39-41 of Appendix FM (J) and the

applicant has had, as at the day on which the application is made,

continuous leave to enter or remain in Jersey for at least 15 years on the

day on which the application is made as a spouse, civil partner or

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unmarried partner (except where leave is as a fiancé(e) or proposed civil

partner) under paragraphs 6-14 and 29-38 of Appendix FM (J);

(xii)

and

(b) the applicant has provided specified documentary evidence of an English

language speaking and listening qualification at A2 CEFR or ESOL entry level

2 or Scottish Credit and Qualification Framework level 3: and

English language teacher that the applicant has made efforts to learn English

but does not yet have sufficient knowledge of the English language to pass a

qualification at B1 CEFR, or ESOL entry level 3 or Scottish Credit and

Qualification Framework level 4; and

(d) the applicant is not a national or a citizen of one of the following countries:

Antigua and Barbuda

Australia

The Bahamas

Barbados

Belize

The British Overseas Territories

Canada

Dominica

Grenada

Guyana

Jamaica

New Zealand

St Kitts and Nevis

St Lucia

St Vincent and the Grenadines

Trinidad and Tobago

USA

PART 4: SPECIFIED DOCUMENTS

4.1 Where these Rules require an applicant to demonstrate sufficient knowledge of the

English language and of life in the United Kingdom and Jersey, the applicant must

supply the documents specified in paragraphs 4.6 to 4.14 (of this Appendix).

4.2 The decision maker will only consider evidence submitted after the date on which an

application is made where the circumstances in paragraphs 4.3 or 4.6 (of this

Appendix) apply.

4.3 Where an applicant has submitted:

(i) a document in the wrong format (for example, if a letter is not on letterhead

paper as specified); or

(ii) a document that is a copy and not an original document; or

(iii) a document which does not contain all of the specified information; or

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(iv) fails to submit a specified document,

the decision-maker may contact the applicant or his or her representative (in writing

or otherwise) and request the document or the correct version of the document. The

document must be received by the Jersey Customs and Immigration Service at the

address specified in the request within such timescale (which will not be

unreasonable) as is specified.

4.4 A decision-maker may decide not to request a document under paragraph 4.3 (of

this Appendix) where he or she does not anticipate that the supply of that document

will lead to a grant of leave to enter or remain in Jersey because the application may

be refused for other reasons.

4.5 Without prejudice to the decision maker's discretion under paragraph 4.2 (of this

Appendix) and also his or her right in all cases to request the original or specified

document and refuse an application in circumstances in which they are not provided,

where an applicant submits a specified document:

(i) in the wrong format; or

(ii) which is a copy and not an original document; or

(iii) which does not contain all of the specified information but the missing

information is verifiable from:

(aa) other documents submitted with the application,

(bb) the website of the organisation which issued the document, or

(cc) the website of the appropriate regulatory body;

the application for leave to enter or remain in Jersey may be granted exceptionally

providing the decision-maker is satisfied that the specified documents are genuine

and that the applicant meets all the other requirements.

4.6 Where the decision-maker is satisfied that there is a valid reason why a document

has not been and cannot be supplied, (for example, because the document has been

permanently lost or destroyed), he or she may waive the requirement for the

document to be provided or may instead request alternative or additional evidence

(which may include confirmation of evidence from the organisation which issued the

original document).

4.7 The evidence specified for the purposes of paragraph 2.2 (of this Appendix) is:

(a) a certificate that:

(i) is from an English language test provider approved by the Secretary of

State for the purposes of limited leave to enter or remain in respect of a

test approved by the Secretary of State, in both cases as listed on the

gov.uk website, and

(ii) shows the applicant's name, and

(iii) shows the qualification obtained, and

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(iv) shows that the level of speaking and listening skills attained by the

applicant met or exceeded level B1 of the Common European

Framework of Reference, and

(v) shows the date of award of the qualification;

(b) a printout of the online score from a PTE Academic (Pearson) test which:

(i) is from an English language test provider approved by the Minister for

the purposes of limited leave to enter or remain, and

(ii) is in respect of a test approved by the Secretary of State for the

respective purposes, as listed on the gov.uk website and

(iii) can be used to show the qualification obtained, and

(iv) shows that the level of speaking and listening skills attained by the

applicant met or exceeded level B1 of the Common European

Framework of Reference;

recognised either by Ofqual, the Welsh Government, or CCEA that:

(i) is issued in England, Wales or Northern Ireland in respect of a

qualification listed as an ESOL qualification in the OFQUAL Register of

Regulated Qualifications, and

(ii) shows that the level of speaking and listening skills attained by the

applicant met or exceeded ESOL entry level 3;

(d) a certificate that:

(i) is issued in Scotland in respect of a National Qualification in English for

Speakers of Other Languages awarded by the Scottish Qualifications

Authority, and

(ii) shows that the level of speaking and listening skills attained by the

applicant met or exceeded Scottish Credit and Qualifications Framework

level 4.

4.8 Subject to paragraphs 4.9 and 4.10 (of this Appendix) the documentary evidence

specified for the purposes of paragraph 2.2 (of this Appendix) as showing that a

person is a national or a citizen of one of the countries listed in paragraph 2.2 (of this

Appendix) is a valid passport or travel document which satisfactorily establishes the

applicant's nationality.

4.9 If the applicant cannot provide their passport or travel document other evidence of

nationality of the type described in paragraph 4.10 (of this Appendix) may

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exceptionally be supplied in the following circumstances (the reason for which must

be indicated by the applicant on their application form), where:

(a) the applicant's passport has been lost or stolen, or

(b) the applicant's passport has expired and has been returned to the relevant

authorities, or

4.10 Where paragraph 4.9 (of this Appendix) applies, the alternative evidence specified

for the purposes of establishing the applicant's nationality is:(a) a valid national

identity document; or(b) an original letter from the applicant's Home Government or

Embassy confirming the applicant's full name, date of birth and nationality.

4.11 The evidence specified for the purposes of paragraph 2.2(iii) and 2.2(iv) (of this

Appendix) (academic qualification recognised by Ecctis) is:

(a) a certificate issued by the relevant institution confirming the award of the

academic qualification and showing:

(i) the applicant's name,

(ii) the title of the award,

(iii) the date of the award,

(iv) the name of the awarding institution, and

(v) for paragraph 2.2 (iii) (of this Appendix) that the qualification was taught

in English;

(b) where an applicant has not, at the date of application, formally graduated or

no longer has his or her certificate and is unable to obtain a duplicate

certificate:

(i) an original academic reference from the institution awarding the academic

qualification that:

is on official letter headed paper,

(aa) shows the applicant's name,

(bb) shows the title of the award,

(cc) confirms that the qualification was taught in English,

(dd) states when the academic qualification was (or as the case may be, will

be) awarded, and

(ee) confirms that the institution is unable to issue a duplicate certificate of

award or (as the case may be in respect of an applicant who has not

yet graduated) the date on which the certificate will be issued;

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(ii) an original academic transcript that:

(aa) is on official letter headed paper,

(bb) shows the applicant's name,

(cc) shows the name of the academic institution,

(dd) shows the course title,

(ee) confirms that the qualification was taught in English, and

(ff) confirms the award given.

4.12 In the absence of any evidence to the contrary, a qualification obtained in one of the

following countries will be assumed for the purposes of this Appendix to have been

taught in English:

Antigua and Barbuda

Australia

The Bahamas

Barbados

Belize

The British Overseas Territories

Dominica

Grenada

Guyana

Ireland

Jamaica

New Zealand

St Kitts and Nevis

St Lucia

St Vincent and the Grenadines

Trinidad and Tobago

USA

4.13 The evidence specified for the purposes of paragraph 3.2(b) (of this Appendix)

(evidence of English language speaking and listening) is the same as that specified

for the purposes of paragraph 2.3 (vi) and 2.3 (vii) except that:

(a) references to B1 are to be read as references to A2,

(b) references to ESOL levels Entry 3, level 1, level 2 and level 3 are to be read

as references to ESOL Entry level 2, and

to be read as references to Scottish Qualification Framework Level 3.

4.14

(a) The evidence specified for the purposes of paragraph 3.2(d) (of this Appendix)

(evidence from qualified English teacher) is a letter from the teacher which is

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signed by him or her and dated no more than 3 months before the date on

which the application for indefinite leave to remain is made and which includes

the following information:

(i) the applicant's name;

(ii) confirmation that the applicant has attended an English language class

taught by that teacher for at least 75 guided learning hours and

which was taught during the period of 12 months immediately preceding

the date on which the application for indefinite leave to remain was

made;

(iii) confirmation that the teacher has assessed that the speaking and

listening level attained by the applicant is not at B1 level or above;

(iv) confirmation that the applicant is considered unlikely to attain B1 level

through further study;

(v) confirmation of the teacher's qualifications as an English language

teacher within the meaning of this Appendix.

(b) For the purposes of paragraph (a)(ii) "guided learning hours" means the time

during which a person is taught or given instruction and does not include any

time spent on unsupervised preparation or study.

4.15 The documentary evidence specified for the purposes of paragraph 2.3 (of this

Appendix) is:

(a) a pass notification letter issued by learndirect limited in respect of the test

known as the "Life in the UK test"; or

(b) where the "Life in the UK test" was taken and passed in the Isle of Man, a pass

certificate in respect of the test issued by the relevant educational institution or

other person approved for that purpose by the Lieutenant- Governor; or

case may be, in Jersey, a pass certificate issued by the relevant educational

institution or other person approved for that purpose by the Lieutenant-

Governor of Guernsey or the Minister in Jersey (as the case may be).

PART 5: INTERPRETATION

5.1 For the purposes of this Appendix "decision maker" means an Entry Clearance

Officer or the Minister.

5.2 For the purposes of this Appendix, "qualified English language teacher" means a

person who holds a qualification in teaching English as a foreign language or in

teaching English to speakers of other languages which was awarded by an awarding

organisation regulated by OFQUAL or the Welsh Government or the CCEA or the

Scottish Qualification Authority.

APPENDIX FM (J)

SPOUSES, CIVIL PARTNERS AND UNMARRIED PARTNERS

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1. Nothing in these Rules shall be construed as permitting a person to be granted entry

clearance, leave to enter, leave to remain or variation of leave as a spouse or civil partner

of another if either the applicant or the sponsor will be aged under 18 on the date of arrival

in Jersey or (as the case may be) on the date on which the leave to remain or variation of

leave would be granted.

2. Part 8 applies to all applications made under the Rules in place before 1

August

2014 to which the provisions of Part 8 apply. Appendix FM (J) applies to all applications

made on or after 1

August 2014 to which the provisions of Appendix FM (J) apply.

3. Nothing in these Rules shall be construed as allowing a person to be granted entry

clearance, leave to enter, leave to remain or variation of leave as the spouse or civil partner

of a man or woman (the sponsor) if:

(i) his or her marriage or civil partnership to the sponsor is polygamous; and

(ii) there is another person living who is the husband or wife of the sponsor and who:

(a) is, or at any time since his or her marriage or civil partnership to the sponsor

has been, in Jersey; or

(b) has been granted a certificate of entitlement in respect of the right of abode

mentioned in section 2(1)(a) of the Immigration Act 1988 or an entry clearance

to enter Jersey as the husband or wife of the sponsor.

For the purpose of this paragraph a marriage may be polygamous although at its inception

neither party had any other spouse.

4. Paragraph 3 (of this Appendix) does not apply to any person who seeks entry

clearance, leave to enter, leave to remain or variation of leave where:

(i) he or she has been in Jersey before 1

August 1993 having been admitted for the

purpose of settlement as the husband or wife of the sponsor; or

(ii) he or she has, since their marriage to the sponsor, been in Jersey at any time when

there was no such other spouse living as is mentioned in paragraph 3(ii).

But where a person claims that paragraph 3 (of this Appendix) does not apply to them

because they have been in Jersey in circumstances which cause them to fall within sub-

paragraphs (i) or (ii) of that paragraph, it shall be for them to prove that fact.

5. For the purposes of paragraphs 3 and 4 (of this Appendix) the presence of any wife

or husband in Jersey in any of the following circumstances shall be disregarded:

(i) as a visitor; or

(ii) as an illegal entrant; or

(iii) in circumstances whereby a person is deemed by virtue of section 11(1) of the

Immigration Act 1971 not to have entered Jersey.

SPOUSES OR CIVIL PARTNERS OF PERSONS PRESENT AND SETTLED IN

JERSEY OR BEING ADMITTED ON THE SAME OCCASION FOR SETTLEMENT

Requirements for leave to enter Jersey with a view to settlement as the spouse

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or civil partner of a person present and settled in Jersey or being admitted on

the same occasion for settlement.

6. The requirements to be met by a person seeking leave to enter Jersey with a view

to settlement as the spouse or civil partner of a person present and settled in Jersey or who

is on the same occasion being admitted for settlement are that:

(i)

(a) the applicant is married to or the civil partner of a person present and settled in

Jersey or who is on the same occasion being admitted for settlement, and meets

the requirements of one or more of sub-items b-f below;

(b) the applicant has passed an English language test in speaking and listening at

a minimum level of A1 of the Common European Framework of Reference for

Languages with a provider approved by the Secretary of State for the respective

purposes, as listed on the gov.uk website, unless –

(A) the applicant is aged 65 or over at the time he makes his application; or

(B) the applicant has a physical or mental condition that would prevent him

from meeting the requirement; or

the applicant from meeting the requirement;

Barbuda; Australia; the Bahamas; Barbados; Belize; Canada; Dominica;

Grenada; Guyana; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St

Vincent and the Grenadines; Trinidad and Tobago; United States of America;

(d) the applicant has obtained an academic qualification (not a professional or

vocational qualification), which is deemed by Ecctis to meet the recognised

standard of a Bachelor’s or Master’s degree or PhD in the United Kingdom, from

an educational establishment in one of the following countries: Antigua and

Barbuda; Australia; the Bahamas; Barbados; Belize; Dominica; Grenada;

Guyana; Ireland; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent

and the Grenadines; Trinidad and Tobago; the UK; United States of America;

and provides the specified documents; or

(e) the applicant has obtained an academic qualification (not a professional or

vocational qualification) which is deemed by Ecctis to meet the recognised

standard of a Bachelor’s or Master’s degree or PhD in the United Kingdom, and

–

(A) provides the specified evidence to show he has the qualification; and

(B) Ecctis has confirmed that the qualification was taught or researched in

English; or

(f) has obtained an academic qualification (not a professional or vocational

qualification) which is deemed by Ecctis to meet the recognised standard of a

Bachelor’s or Master’s degree or PhD in the United Kingdom, and provides the

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specified evidence to show –

(A) he has the qualification; and

(B)

that the qualification was taught or researched in English;

and

(ii) the parties to the marriage or civil partnership have met; and

(iii) each of the parties intends to live permanently with the other as his or her spouse

or civil partner and the marriage or civil partnership is subsisting; and

(iv) there will be adequate accommodation for the parties and any dependants without

recourse to public funds in accommodation which they own or occupy exclusively;

and

(v) the parties will be able to maintain themselves and any dependants adequately

without recourse to public funds; and

(vi) the applicant does not fall for refusal under the general grounds for refusal; and

(vii) the applicant holds a valid entry clearance for entry in this capacity.

For the purposes of this paragraph and paragraphs 7–17 (of this Appendix) a member of

HM forces serving overseas, or a permanent member of HM Diplomatic Service or a

comparable UK based staff member of the British Council on a tour of duty abroad, or a

staff member of the Department for International Development who is a British citizen or is

settled in Jersey, is to be regarded as present and settled in Jersey.

Leave to enter as the spouse or civil partner of a person present and settled

in Jersey or being admitted for settlement on the same occasion

7. A person seeking leave to enter Jersey as the spouse or civil partner of a person

present and settled in Jersey or who is on the same occasion being admitted for settlement

and who satisfies each of the requirements of paragraph 6 (of this Appendix) may be

admitted for an initial period not exceeding 33 months.

Refusal of leave to enter as the spouse or civil partner of a person present

and settled in Jersey or being admitted on the same occasion for settlement

8. Leave to enter Jersey as the spouse or civil partner of a person present and settled

in Jersey or who is on the same occasion being admitted for settlement is to be refused if

the Immigration Officer is not satisfied that each of the requirements of paragraph 6 (of this

Appendix) is met.

Requirements for an extension of stay as the spouse or civil partner of a

person present and settled in Jersey

9. The requirements for an extension of stay as the spouse or civil partner of a person

present and settled in Jersey are that:

(i) the applicant has limited leave to enter or remain in Jersey which was given in

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accordance with any of the provisions of these Rules other than where as a result

of that leave he would not have been in Jersey beyond 6 months from the date on

which he was admitted to Jersey on this occasion in accordance with these Rules

unless the leave in question is limited leave as a fiancé(e) or proposed civil partner;

and

(ii) is married to or the civil partner a person present and settled in Jersey; and

(iii) the parties to the marriage or civil partnership have met; and

(iv) the applicant has not remained in breach of the immigration laws except that any

period of overstaying for a period of 28 days or less will be disregarded; and

(v) the marriage has not taken place after a decision has been made to deport the

applicant or he has been recommended for deportation or been given notice under

section 6 (2) to the Immigration Act 1971 or been given directions for his removal

under section 10 of the Immigration and Asylum Act 1999; and

(vi) each of the parties intends to live permanently with the other as his or her spouse

or civil partner and the marriage or civil partnership is subsisting; and

(vii) there will be adequate accommodation for the parties and any dependants without

recourse to public funds in accommodation which they own or occupy exclusively;

and

(viii) the parties will be able to maintain themselves and any dependants adequately

without recourse to public funds; and

(ix) the applicant has passed an English language test in speaking and listening at a

minimum level of A1 of the Common European Framework of Reference for

Languages with a provider approved by the Secretary of State for the respective

purposes, as listed on the gov.uk website, unless

(a) the applicant is aged 65 or over at the time he makes his application; or

(b) the applicant has a physical or mental condition that would prevent him from

meeting the requirement; or

applicant from meeting the requirement;

Where the applicant in a previous application for entry clearance or leave to remain

met the English language requirement on the basis that they had passed an English

language test in speaking and listening at level A1 of the Common European

Framework of Reference for Languages, and now seeks further leave to remain after

30 months, they must have passed an English test in speaking and listening at a

minimum of level A2 of the Common European Framework of Reference for

Languages, with a provider approved by the Secretary of State for the respective

purposes, as listed on the gov.uk website, unless (a), (b) or (c) above apply;

(x) the applicant is a national of one of the following countries: Antigua and Barbuda;

Australia; the Bahamas; Barbados; Belize; Canada; Dominica; Grenada; Guyana;

Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines;

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Trinidad and Tobago; United States of America; or

(xi) the applicant has obtained an academic qualification (not a professional or

vocational qualification), which is deemed by Ecctis to meet the recognised standard

of a Bachelor’s degree in the United Kingdom, from an educational establishment in

one of the following countries: Antigua and Barbuda; Australia; the Bahamas;

Barbados; Belize; Dominica; Grenada; Guyana; Ireland; Jamaica; New Zealand; St

Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; the

United Kingdom; the United States of America; and provides the specified

documents; or

(xii) the applicant has obtained an academic qualification (not a professional or

vocational qualification) which is deemed by Ecctis to meet the recognised standard

of a Bachelor’s degree in the United Kingdom, and

(a) provides the specified evidence to show he has the qualification, and

(b) Ecctis has confirmed that the qualification was taught or researched in English;

(xiii) has obtained an academic qualification (not a professional or vocational

qualification) which is deemed by Ecctis to meet the recognised standard of a

Bachelor’s degree in the United Kingdom, and provides the specified evidence to

show:

(a) he has the qualification, and

(b) that the qualification was taught or researched in English.

Extension of stay as the spouse or civil partner of a person present and settled

in Jersey

10. An extension of stay as the spouse or civil partner of a person present and settled

in Jersey who entered Jersey under paragraph 7 (of this Appendix) may be granted for a

period not exceeding 30 months, provided the Minister is satisfied that the requirements of

paragraph 9 (ii)-(xiii) are met.

11. An extension of stay as the spouse or civil partner of a person present and settled

in Jersey who entered Jersey other than under the provisions of paragraph 7 (of this

Appendix) may be granted for a period not exceeding 30 months in the first instance,

provided the Minister is satisfied that each of the requirements of paragraph 9 (of this

Appendix) is met.

12. An extension of stay as the spouse or civil partner of a person present and settled

in Jersey who has been granted leave to remain under paragraph 11 (of this Appendix) may

be granted for a further period not exceeding 30 months, provided the Minister is satisfied

that each of the requirements of paragraph 9 (of this Appendix) is met.

Refusal of extension of stay as the spouse or civil partner of a person present

and settled in Jersey

13. An extension of stay as the spouse or civil partner of a person present and settled

in Jersey, made under the provisions of paragraph 10 (of this Appendix), is to be refused if

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the Minister is not satisfied that the requirements of paragraph 9 (ii)-(ix) (of this Appendix)

are met.

14. An extension of stay as the spouse or civil partner of a person present and settled

in Jersey, made under the provisions of paragraph 11 or paragraph 12 (of this Appendix),

is to be refused if the Minister is not satisfied that each of the requirements of paragraph 9

(of this Appendix) is met.

Requirements for indefinite leave to remain for the spouse or civil partner of

a person present and settled in Jersey

15.

(a) The requirements for indefinite leave to remain for the spouse or civil partner

of a person present and settled in Jersey are that:

(i)

(a) the applicant was admitted to Jersey or given an extension of

stay for a period in accordance with paragraphs 6-14 (of this

Appendix) and has completed a period of 60 months as the

spouse or civil partner of a person present and settled in Jersey;

(b) the applicant was admitted to Jersey or given an extension of

stay for a period in accordance with paragraphs 29-38 (of this

Appendix) and during that 60 month period married the person

whom he or she was admitted or granted an extension of stay to

join and has completed a period of 60 months as the unmarried

partner and then the spouse or civil partner of a person present

and settled in Jersey;

and

(ii) the applicant is still the spouse or civil partner of the person he or she

was admitted or granted an extension of stay to join and the marriage or

civil partnership is subsisting; and

(iii) each of the parties intends to live permanently with the other as his or

her spouse or civil partner; and

(iv) there will be adequate accommodation for the parties and any

dependants without recourse to public funds in accommodation which

they own or occupy exclusively; and

(v) the parties will be able to maintain themselves and any dependants

adequately without recourse to public funds; and

(vi) the applicant has demonstrated sufficient knowledge of the English

language and sufficient knowledge about life in the United Kingdom and

Jersey, in accordance with Appendix KoLL; and

(vii) he does not fall for refusal under the general grounds for refusal.

(b) The requirements for indefinite leave to remain for the bereaved spouse or

civil partner of a person who was present and settled in Jersey are that:

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(i)

(a) the applicant was admitted to Jersey or given an extension of

stay for a period as the spouse or civil partner of a person present

and settled in Jersey in accordance with paragraphs 6-14 (of this

Appendix); or

(b) the applicant was admitted to Jersey or given an extension of

stay for a period as the unmarried partner of a person present

and settled in Jersey in accordance with paragraphs 29-38 (of

this Appendix) and during that 60 month period married the

person whom he or she was admitted or granted an extension of

stay to join; and

(ii) the person whom the applicant was admitted or granted an extension of

stay to join died during that period; and

(iii) the applicant was still the spouse or civil partner of the person he or she

was admitted or granted an extension of stay to join at the time of the

death; and

(iv) each of the parties intended to live permanently with the other as his or

her spouse or civil partner and the marriage or civil partnership was

subsisting at the time of death; and

(v) he does not fall for refusal under the general grounds for refusal.

Indefinite leave to remain for the spouse or civil partner of a person present

and settled in Jersey

16. Indefinite leave to remain for the spouse or civil partner of a person present and

settled in Jersey may be granted provided the Minister is satisfied that each of the

requirements of paragraph 15 (of this Appendix) is met.

Refusal of indefinite leave to remain for the spouse or civil partner of a person

present and settled in Jersey

17. Indefinite leave to remain for the spouse or civil partner of a person present and

settled in Jersey is to be refused if the Minister is not satisfied that each of the requirements

of paragraph 15 (of this Appendix) is met.

Requirements for indefinite leave to remain in Jersey as the victim of domestic

violence

18. The requirements to be met by a person who is the victim of domestic violence and

who is seeking indefinite leave to remain in Jersey are that the applicant:

(i) was admitted to Jersey or given an extension of stay for a period as the spouse or

civil partner of a person present and settled here; or

(ii) was admitted to Jersey or given an extension of stay for a period as the unmarried

partner of a person present and settled here; and

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(iii) the relationship with their spouse or civil partner or unmarried partner, as

appropriate, was subsisting at the beginning of the relevant period of leave or

extension of stay referred to in (i) or (ii) above; and

(iv) is able to produce such evidence as may be required by the Minister to establish

that the relationship was caused to permanently break down before the end of that

period as a result of domestic violence; and

(v) does not fall for refusal under the general grounds for refusal.

Indefinite leave to remain as the victim of domestic violence

19. Indefinite leave to remain as the victim of domestic violence may be granted

provided the Minister is satisfied that each of the requirements of paragraph 18 (of this

Appendix) is met.

Refusal of indefinite leave to remain as the victim of domestic violence

20. Indefinite leave to remain as the victim of domestic violence is to be refused if the

Minister is not satisfied that each of the requirements of paragraph 18 (of this Appendix) is

met.

21. If the applicant does not meet the requirements for indefinite leave to remain as a

victim of domestic violence only because the applicant falls for refusal under the

grounds set out in sub-paragraphs 21(a) or 21(b), they may be granted further

limited leave to remain for a period not exceeding 30 months and subject to such

conditions as the Minister deems appropriate.

21(a) The presence of the applicant in Jersey is not conducive to the public good because

they have been convicted of an offence for which they have been sentenced to

imprisonment for less than 12 months, unless a period of 7 years has passed since

the end of the sentence.

21(b) The applicant has, within the 24 months prior to the date on which the application is

decided, been convicted of or admitted an offence for which they received a non-

custodial sentence or other out of court disposal that is recorded on their criminal

record.

FIANCE(E)S AND PROPOSED CIVIL PARTNERS

22. Nothing in these Rules shall be construed as permitting a person to be granted entry

clearance, leave to enter or variation of leave as a fiancé(e) or proposed civil partner if either

the applicant or the sponsor will be aged under 18 on the date of arrival of the applicant in

Jersey or (as the case maybe) on the date on which the leave to enter or variation of leave

would be granted.

Requirements for leave to enter Jersey as a fiancé(e) or proposed civil partner

(i.e. with a view to marriage or civil partnership and permanent settlement in

Jersey)

23. The requirements to be met by a person seeking leave to enter Jersey as a fiancé(e)

or civil partner are that:

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(i) the applicant is seeking leave to enter Jersey for marriage or civil partnership to a

person present and settled in Jersey or who is on the same occasion being admitted

for settlement; and

(ii) the parties to the proposed marriage or civil partnership have met; and

(iii) each of the parties intends to live permanently with the other as his or her spouse

or civil partner after the marriage; and

(iv) adequate maintenance and accommodation without recourse to public funds will be

available for the applicant until the date of the marriage; and

(v) there will, after the marriage or civil partnership, be adequate accommodation for

the parties and any dependants without recourse to public funds in accommodation

which they own or occupy exclusively; and

(vi) the parties will be able after the marriage or civil partnership to maintain themselves

and any dependants adequately without recourse to public funds; and

(vii) the applicant has passed an English language test in speaking and listening at a

minimum level of A1 of the Common European Framework of Reference for

Languages with a provider approved by the Secretary of State for the respective

purposes, as listed on the gov.uk website unless –

(a) the applicant is aged 65 or over at the time he makes his application; or

(b) the applicant has a physical or mental condition that would prevent him from

meeting the requirement; or

applicant from meeting the requirement;

(viii) the applicant is a national of one of the following countries: Antigua and Barbuda;

Australia; the Bahamas; Barbados; Belize; Canada; Dominica; Grenada; Guyana;

Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines;

Trinidad and Tobago; United States of America; or

(ix) the applicant has obtained an academic qualification (not a professional or

vocational qualification), which is deemed by Ecctis to meet the recognised standard

of a Bachelor’s or Master’s degree or PhD in the United Kingdom, from an

educational establishment in one of the following countries: Antigua and Barbuda;

Australia; the Bahamas; Barbados; Belize; Dominica; Grenada; Guyana; Ireland;

Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines;

Trinidad and Tobago; the UK; United States of America; and provides the specified

documents; or

(x) the applicant has obtained an academic qualification (not a professional or

vocational qualification) which is deemed by Ecctis to meet the recognised standard

of a Bachelor’s or Master’s degree or PhD in the United Kingdom, and –

(a) provides the specified evidence to show he has the qualification, and

(b) Ecctis has confirmed that the qualification was taught or researched in English;

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(xi) has obtained an academic qualification (not a professional or vocational

qualification) which is deemed by Ecctis to meet the recognised standard of a

Bachelor’s or Master’s degree or PhD in the United Kingdom, and provides the

specified evidence to show –

(a) he has the qualification, and

(b) that the qualification was taught or researched in English;

and

(xii) the applicant holds a valid entry clearance for entry in this capacity.

Leave to enter as a fiancé(e) or proposed civil partner

24. A person seeking leave to enter Jersey as a fiancé(e) or proposed civil partner may

be admitted, with a prohibition on employment, for a period not exceeding 6 months to

enable the marriage to take place provided a valid entry clearance for entry in this capacity

is produced to the Immigration Officer on arrival.

Refusal of leave to enter as a fiancé(e) or proposed civil partner

25. Leave to enter Jersey as a fiancé(e) or proposed civil partner is to be refused if a

valid entry clearance for entry in this capacity is not produced to the Immigration Officer on

arrival.

Requirements for an extension of stay as a fiancé(e) or proposed civil partner

26. The requirements for an extension of stay as a fiancé(e) or proposed civil partner

are that:

(i) the applicant was admitted to Jersey with a valid entry clearance as a fiancé(e); and

(ii) good cause is shown why the marriage or civil partnership did not take place within

the initial period of leave granted under paragraph 24 (of this Appendix); and

(iii) there is satisfactory evidence that the marriage or civil partnership will take place at

any early date; and

(iv) the requirements of paragraph 23 (ii)-(xii) (of this Appendix) are met.

Extension of stay as a fiancé(e) or proposed civil partner

27. An extension of stay as a fiancé(e) or proposed civil partner may be granted for an

appropriate period with a prohibition on employment to enable the marriage to take place

provided the Minister is satisfied that each of the requirements of paragraph 26 (of this

Appendix) is met.

Refusal of extension of stay as a fiancé(e) or proposed civil partner

28. An extension of stay is to be refused if the Minister is not satisfied that each of the

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requirements of paragraph 26 (of this Appendix) is met.

LEAVE TO ENTER AS THE UNMARRIED PARTNER OF A PERSON PRESENT

AND SETTLED IN JERSEY OR BEING ADMITTED ON THE SAME OCCASION

FOR SETTLEMENT

29. Nothing in these Rules shall be construed as permitting a person to be granted entry

clearance, leave to enter or variation of leave as an unmarried partner if either the applicant

or the sponsor will be aged under 18 on the date of arrival of the applicant in Jersey or (as

the case may be) on the date on which the leave to enter or variation of leave would be

granted.

Requirements for leave to enter Jersey with a view to settlement as the

unmarried partner of a person present and settled in Jersey or being admitted

on the same occasion for settlement

30. The requirements to be met by a person seeking leave to enter Jersey with a view

to settlement as the unmarried partner of a person present and settled in Jersey or being

admitted on the same occasion for settlement, are that:

(i)

(a) the applicant is the unmarried partner of a person present and settled in Jersey

or who is on the same occasion being admitted for settlement and the parties

have been living together in a relationship akin to marriage which has

subsisted for 2 years and meets the requirements of one or more of sub-items

b-f below; and

(b) the applicant has passed an English language test in speaking and listening

at a minimum level of A1 of the Common European Framework of Reference

for Languages with a provider approved by the Secretary of State for the

respective purposes, as listed on the gov.uk website unless –

(A) the applicant is aged 65 or over at the time he makes his application; or

(B) the applicant has a physical or mental condition that would prevent him

from meeting the requirement; or

the applicant from meeting the requirement;

Barbuda; Australia; the Bahamas; Barbados; Belize; Canada; Dominica;

Grenada; Guyana; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St

Vincent and the Grenadines; Trinidad and Tobago; United States of America;

(d) the applicant has obtained an academic qualification (not a professional or

vocational qualification), which is deemed by Ecctis to meet the recognised

standard of a Bachelor’s or Master’s degree or PhD in the United Kingdom,

from an educational establishment in one of the following countries: Antigua

and Barbuda; Australia; the Bahamas; Barbados; Belize; Dominica; Grenada;

Guyana; Ireland; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St

Vincent and the Grenadines; Trinidad and Tobago; the UK; United States of

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America; and provides the specified documents; or

(e) the applicant has obtained an academic qualification (not a professional or

vocational qualification) which is deemed by Ecctis to meet the recognised

standard of a Bachelor’s or Master’s degree or PhD in the United Kingdom,

and –

(A) provides the specified evidence to show he has the qualification; and

(B) Ecctis has confirmed that the qualification was taught or researched in

English;

(f) has obtained an academic qualification (not a professional or vocational

qualification) which is deemed by Ecctis to meet the recognised standard of a

Bachelor’s or Master’s degree or PhD in the United Kingdom, and provides

the specified evidence to show-

(A) he has the qualification; and

(B)

that the qualification was taught or researched in English;

and

(ii) any previous marriage (or similar relationship) by either partner has permanently

broken down; and

(iii) the parties are not involved in a consanguineous relationship with one another; and

(iv) there will be adequate accommodation for the parties and any dependants without

recourse to public funds in accommodation which they own or occupy exclusively;

and

(v) the parties will be able to maintain themselves and any dependants adequately

without recourse to public funds; and

(vi) the parties intend to live together permanently; and

(vii) the applicant does not fall for refusal under the general grounds for refusal; and

(viii) the applicant holds a valid entry clearance for entry in this capacity.

For the purposes of this paragraph and paragraphs 31-41 (of this Appendix) a member of

HM forces serving overseas, or a permanent member of HM Diplomatic Service or a

comparable UK based staff member of the British Council on a tour of duty abroad, or a

staff member of the Department for International Development who is a British citizen or is

settled in Jersey, is to be regarded as present and settled in Jersey.

Leave to enter Jersey with a view to settlement as the unmarried partner of a

person present and settled in Jersey or being admitted on the same occasion

for settlement

31. A person seeking leave to enter Jersey as the unmarried partner of a person present

and settled in Jersey or who is on the same occasion being admitted for settlement and

who satisfies each of the requirements of paragraph 30 (of this Appendix) may be admitted

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for an initial period not exceeding 33 months.

Refusal of leave to enter Jersey with a view to settlement as the unmarried

partner of a person and settled in Jersey or being admitted on the same

occasion for settlement

32. Leave to enter Jersey with a view to settlement as the unmarried partner of a person

present and settled in Jersey or being admitted on the same occasion for settlement, is to

be refused if the Immigration Officer is not satisfied that each of the requirements of

paragraph 30 (of this Appendix) is met.

LEAVE TO REMAIN AS THE UNMARRIED PARTNER OF A PERSON PRESENT

AND SETTLED IN JERSEY

Requirements for leave to remain as the unmarried partner of a person

present and settled in Jersey

33. The requirements to be met by a person seeking leave to remain as the unmarried

partner of a person present and settled in Jersey are that:

(i) the applicant has limited leave to enter or remain in Jersey which was given in

accordance with any of the provisions of these Rules, other than where as a result

of that leave he would not have been in Jersey beyond 6 months from the date on

which he was admitted to Jersey on this occasion in accordance with these Rules;

and

(ii) any previous marriage (or similar relationship) by either partner has permanently

broken down; and

(iii) the applicant is the unmarried partner of a person who is present and settled in

Jersey; and

(iv) the applicant has not remained in breach of the immigration laws except that any

period of overstaying for a period of 28 days or less will be disregarded; and

(v) the parties are not involved in a consanguineous relationship with one another; and

(vi) the parties have been living together in a relationship akin to marriage which has

subsisted for 2 years or more; and

(vii) the parties’ relationship pre-dates any decision to deport the applicant,

recommended him for deportation, give him notice under section 6(2) of the

Immigration Act 1971 or give directions for his removal under section 10 of the

Immigration and Asylum Act 1999; and

(viii) there will be adequate accommodation for the parties and any dependants without

recourse to public funds in accommodation which they own or occupy exclusively;

and

(ix) the parties will be able to maintain themselves and any dependants adequately

without recourse to public funds; and

(x) the parties intend to live together permanently; and

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(xi) the applicant has passed an English language test in speaking and listening at a

minimum level of A1 of the Common European Framework of Reference for

Languages with a provider approved by the Secretary of State for the respective

purposes, as listed on the gov.uk website unless –

(a) the applicant is aged 65 or over at the time he makes his application; or

(b) the applicant has a physical or mental condition that would prevent him

from meeting the requirement; or

the applicant from meeting the requirement;

Where the applicant in a previous application for entry clearance or leave to remain

met the English language requirement on the basis that they had passed an English

language test in speaking and listening at level A1 of the Common European

Framework of Reference for Languages and now seeks further leave to remain after

30 months, they must have passed an English test in speaking and listening at a

minimum of level A2 of the Common European Framework of Reference for

Languages with a provider approved by the Secretary of State for the respective

purposes, as listed on the gov.uk website unless (a), (b) or (c) above apply;

(xii) the applicant is a national of one of the following countries: Antigua and Barbuda;

Australia; the Bahamas; Barbados; Belize; the British Overseas Territories; Canada;

Dominica; Grenada; Guyana; Jamaica; New Zealand; St Kitts and Nevis; St Lucia;

St Vincent and the Grenadines; Trinidad and Tobago; United States of America; or

(xiii) the applicant has obtained an academic qualification (not a professional or

vocational qualification), which is deemed by Ecctis to meet the recognised standard

of a Bachelor’s or Master’s degree or PhD in the United Kingdom, from an

educational establishment in one of the following countries: Antigua and Barbuda;

Australia; the Bahamas; Barbados; Belize; Dominica; Grenada; Guyana; Ireland;

Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines;

Trinidad and Tobago; the UK; United States of America; and provides the specified

documents; or

(xiv) the applicant has obtained an academic qualification (not a professional or

vocational qualification) which is deemed by Ecctis to meet the recognised standard

of a Bachelor’s or Master’s degree or PhD in the United Kingdom, and

(a) provides the specified evidence to show he has the qualification, and

(b) Ecctis has confirmed that the qualification was taught or researched in English;

(xv) has obtained an academic qualification (not a professional or vocational

qualification) which is deemed by Ecctis to meet the recognised standard of a

Bachelor’s or Master’s degree or PhD in the United Kingdom, and provides the

specified evidence to show:

(a) he has the qualification, and

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(b) that the qualification was taught or researched in English.

Leave to remain as the unmarried partner of a person present and settled in

Jersey

34. Leave to remain as the unmarried partner of a person present and settled in Jersey

who entered Jersey under paragraph 30 (of this Appendix) may be granted for a period not

exceeding 30 months, provided the Minister is satisfied that the requirements of paragraph

33 (ii)-(xv) (of this Appendix) are met.

35. Leave to remain as the unmarried partner of a person present and settled in Jersey

who entered Jersey other than under the provisions of paragraph 30 (of this Appendix) may

be granted for a period not exceeding 30 months in the first instance, provided the Minister

is satisfied that each of the requirements of paragraph 33 (of this Appendix) is met.

36. Leave to remain as the unmarried partner of a person present and settled in Jersey

who has been granted leave to remain under paragraph 35 (of this Appendix) may be

granted for a further period not exceeding 30 months, provided the Minister is satisfied that

each of the requirements of paragraph 33 (of this Appendix) is met.

Refusal of leave to remain as the unmarried partner of a person present and

settled in Jersey

37. Leave to remain as the unmarried partner of a person present and settled in Jersey,

made under the provisions of paragraph 34 (of this Appendix), is to be refused if the Minister

is not satisfied that the requirements of paragraph 33 (ii)-(xv) (of this Appendix) are met.

38. An extension of stay as the unmarried partner of a person present and settled in

Jersey, made under the provisions of paragraph 35 or paragraph 36 (of this Appendix), is

to be refused if the Minister is not satisfied that each of the requirements of paragraph 33

(of this Appendix) is met.

INDEFINITE LEAVE TO REMAIN AS THE UNMARRIED PARTNER OF A

PERSON PRESENT AND SETTLED IN JERSEY

Requirements for indefinite leave to remain as the unmarried partner of a

person present and settled in Jersey

39. The requirements to be met by a person seeking indefinite leave to remain as the

unmarried partner of a person present and settled in Jersey are that:

(i) the applicant was admitted to Jersey or given an extension of stay for a period in

accordance with paragraphs 29-38 (of this Appendix) and has completed a period

of 60 months as the unmarried partner of a person present and settled here; and

(ii) the applicant is still the unmarried partner of the person he was admitted or granted

an extension of stay to join and the relationship is still subsisting; and

(iii) each of the parties intends to live permanently with the other as his partner; and

(iv) there will be adequate accommodation for the parties and any dependants without

recourse to public funds in accommodation which they own or occupy exclusively;

and

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(v) the parties will be able to maintain themselves and any dependants adequately

without recourse to public funds; and

(vi) the applicant has demonstrated sufficient knowledge of the English language and

sufficient knowledge about life in the United Kingdom and Jersey, in accordance

with Appendix KoLL; and

(vii) the applicant does not fall for refusal under the general grounds for refusal.

Indefinite leave to remain as the unmarried partner of a person present and

settled in Jersey

40. Indefinite leave to remain as the unmarried partner of a person present and settled

in Jersey may be granted provided that the Minister is satisfied that each of the requirements

of paragraph 39 (of this Appendix) is met.

Refusal of indefinite leave to remain as the unmarried partner of a person

present and settled in Jersey

41. Indefinite leave to remain as the unmarried partner of a person present and settled

in Jersey is to be refused if the Minister is not satisfied that each of the requirements of

paragraph 39 (of this Appendix) is met.

INDEFINITE LEAVE TO REMAIN FOR THE BEREAVED UNMARRIED PARTNER

OF A PERSON PRESENT AND SETTLED IN JERSEY

Requirements for indefinite leave to remain for the bereaved unmarried

partner of a person present and settled in Jersey

42. The requirements to be met by a person seeking indefinite leave to remain as the

bereaved unmarried partner of a person present and settled in Jersey, are that:

(i) the applicant was admitted to Jersey or given an extension of stay for a period as

the unmarried partner of a person present and settled in Jersey in accordance with

paragraphs 29-38 (of this Appendix); and

(ii) the person whom the applicant was admitted or granted an extension of stay to join

died during that period; and

(iii) the applicant was still the unmarried partner of the person he was admitted or

granted and extension of stay to join at the time of death; and

(iv) each of the parties intended to live permanently with the other as his partner and the

relationship was subsisting at the time of the death; and

(v) the applicant does not fall for refusal under the general grounds for refusal.

Indefinite leave to remain for the bereaved unmarried partner of a person

present and settled in Jersey

43. Indefinite leave to remain for the bereaved unmarried partner of a person present

and settled in Jersey, may be granted provided that the Minister is satisfied that each of the

requirements of paragraph 42 (of this Appendix) is met.

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Refusal of indefinite leave to remain for the bereaved unmarried partner of a

person present and settled in Jersey

44. Indefinite leave to remain for the bereaved unmarried partner of a person present

and settled in Jersey, is to be refused if the Minister is not satisfied that each of the

requirements of paragraph 42 (of this Appendix) is met.

APPENDIX FM (J1)

ADULT DEPENDENT RELATIVE OF PERSONS PRESENT AND SETTLED IN

JERSEY

Requirements for indefinite leave to enter as an adult dependent relative

1. The requirements for indefinite leave to enter as an adult dependent relative are

that-

(a) the applicant must be the-

(i) parent aged 18 years or over; or

(ii) grandparent; or

(iii) brother or sister aged 18 years or over; or

(iv) son or daughter aged 18 years or over of a person ("the sponsor") who

is permanently resident in Jersey; and

(b) the applicant must be outside the United Kingdom and Islands; and

subsisting relationship with a partner unless that partner is also the sponsor's

parent or grandparent and is applying for entry clearance at the same time as

the applicant; and

(d) the applicant or, if the applicant and their partner are the sponsor's parents or

grandparents, the applicant's partner, must as a result of age, illness or

disability require long-term personal care to perform everyday tasks; and

(e) the applicant or, if the applicant and their partner are the sponsor's parents or

grandparents, the applicant's partner, must be unable, even with the practical

and financial help of the sponsor, to obtain the required level of care in the

country where they are living, because-

(i) it is not available and there is no person in that country who can

reasonably provide it; or

(ii) it is not affordable; and

(f) the applicant must provide evidence that they can be adequately maintained,

accommodated and cared for in Jersey by the sponsor without recourse to

public funds; and

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(g) the applicant must provide an undertaking signed by the sponsor confirming

that the applicant will have no recourse to public funds, and that the sponsor

will be responsible for their maintenance, accommodation and care, for a

period of 5 years from the date the applicant enters Jersey if they are granted

indefinite leave to enter; and

(h) the sponsor must at the date of application be-

(i) aged 18 years or over; and

(ii) a British citizen permanently resident in Jersey; or

(iii) settled and permanently resident in Jersey; and

(i) the applicant must not fall for refusal under any of the grounds in paragraph 4

(of this Appendix); and

(j) the applicant holds a valid entry clearance for entry in this capacity.

Indefinite leave to enter as an adult dependent relative

2. A person seeking indefinite leave to enter Jersey as an adult dependent relative who

satisfies each of the requirements of paragraph 1 (of this Appendix) may be given leave to

enter for an indefinite period.

Refusal of indefinite leave to enter as an adult dependent relative

3. Indefinite leave to enter Jersey as an adult dependent is to be refused if the

immigration officer is not satisfied that each of the requirements of paragraph 1 (of this

Appendix) is met.

Refusal of Entry Clearance as an adult dependent relative

4. The applicant will be refused entry clearance if:

(a) the Minister has personally directed that the exclusion of the applicant from

Jersey is conducive to the public good; or

(b) the applicant is currently the subject of a deportation order; or

because they have:

(i) been convicted of an offence for which they have been sentenced to a

period of imprisonment of at least 4 years; or

(ii) been convicted of an offence for which they have been sentenced to a

period of imprisonment of at least 12 months but less than 4 years, unless

a period of 10 years has passed since the end of the sentence; or

(iii) been convicted of an offence for which they have been sentenced to a

period of imprisonment of less than 12 months, unless a period of 5 years

has passed since the end of the sentence.

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(Where this paragraph applies, unless refusal would be contrary to the Human

Rights Convention or the Convention and Protocol Relating to the Status of

Refugees, it will only be in exceptional circumstances that the public interest

in maintaining refusal will be outweighed by compelling factors.); or

(d) the exclusion of the applicant from Jersey is conducive to the public good

because, for example, the applicant's conduct (including convictions which do

not fall within sub paragraph (c)), character, associations, or other reasons,

make it undesirable to grant them entry clearance; or

(e) the applicant has failed without reasonable excuse to comply with a

requirement to-

(i) attend an interview;

(ii) provide information;

(iii) provide physical data; or

(iv) undergo a medical examination or provide a medical report; or

(f) it is undesirable to grant entry clearance to the applicant for medical reasons.

5. The applicant will normally be refused entry clearance if:

(a) whether or not to the applicant's knowledge-

(i) false information, representations or documents have been submitted in

relation to the application (including false information submitted to any

person to obtain a document used in support of the application); or

(ii) there has been a failure to disclose material facts in relation to the

application;

(b) a maintenance and accommodation undertaking has been requested or

required under paragraph 35 or otherwise and has not been provided; or

because:

(i) within the 12 months prior to the date on which the application is decided,

the person has been convicted of or admitted an offence for which they

received a non-custodial sentence or other out of court disposal that is

recorded on their criminal record; or

(ii) in the view of the Minister:

(A) the person's offending has caused serious harm; or

(B) the person is a persistent offender who shows a particular

disregard for the law.

Definition of “partner”

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6. For the purposes of this Appendix, “partner” means:-

(i) the applicant's spouse; or

(ii) the applicant’s civil partner; or

(iii) the applicant's fiancé(e) or proposed civil partner; or

(iv) a person who has been living together with the applicant in a relationship

akin to a marriage or civil partnership for at least 2 years prior to the date

of the application.

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APPENDIX EU(J)

EU, OTHER EEA AND SWISS CITIZENS AND FAMILY MEMBERS

Purpose

EU(J)1. This Appendix sets out the basis on which an EEA citizen

and their family

members, and the family members of a qualifying British citizen, will, if they

apply under it, be granted indefinite leave to remain or limited leave to remain

(or, if the applicant is not in Jersey when the leave is granted, indefinite leave

to enter or limited leave to enter).

References in this Appendix to the grant of leave to remain include references to the grant

of leave to enter, where the applicant is not in Jersey when the leave is granted.

Requirements and procedure

Requirements for indefinite leave to remain other than as a joining family member of a

relevant sponsor

EU(J)2. The applicant will be granted indefinite leave to remain where:

 A valid application has been made in accordance with paragraph EU(J)9;

 The applicant meets the eligibility requirements for indefinite leave to remain in

accordance with paragraph EU(J)11 or EU(J)12; and

 The applicant is not to be refused on grounds of suitability in accordance with

paragraph EU(J)15 or EU(J)16.

Requirements for indefinite leave to remain as a joining family member of a relevant sponsor

EU(J)2A. The applicant will be granted indefinite leave to remain as a joining family

member of a relevant sponsor where:

 A valid application has been made in accordance with paragraph EU(J)9;

 The applicant meets the eligibility requirements for indefinite leave to remain in

accordance with paragraph EU(J)11A; and

 The application is not to be refused on grounds of suitability in accordance with

paragraph EU(J)15 or EU(J)16.

Requirements for limited leave to remain other than as a joining family member of a

relevant sponsor

EU(J)3. The applicant will be granted five years’ limited leave to remain where:

 A valid application has been made in accordance with paragraph EU(J)9;

 The applicant does not meet the eligibility requirements for indefinite leave to remain

in accordance with paragraph EU(J)11 or EU(J)12, but meets the eligibility

requirements for limited leave to remain in accordance with paragraph EU(J)14; and

 The applicant is not to be refused on grounds of suitability in accordance with

paragraph EU(J)15 or EU(J)16.

Bold is used once where a term is defined in Annex 1 to this Appendix.

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Requirements for limited leave to remain as a joining family member of a relevant sponsor

EU(J)3A. The applicant will be granted five years’ limited leave to remain as a joining family

member of a relevant sponsor where:

 A valid application has been made in accordance with paragraph EU(J)9;

 The applicant does not meet the eligibility requirements for indefinite leave to enter

or remain in accordance with paragraph EU(J)11A, but meets the eligibility

requirements for limited leave to enter or remain in accordance with paragraph

EU(J)14A; and

 The application is not to be refused on grounds of suitability in accordance with

paragraph EU(J)15 or EU(J)16.

Other provisions as to requirements and procedure

EU(J)4. Where a person has been granted limited leave to remain under this Appendix:

 They must continue to meet the eligibility requirements for that leave which

they met at the date of application (except for any which related to their

dependency as a child, dependent parent or dependent relative) or meet

other eligibility requirements for limited leave to remain in accordance with

paragraph EU(J)14 (where they have been granted limited leave to enter or

remain under paragraph EU(J)3) or in accordance with paragraph EU14(J)A

(where they have been granted limited leave to enter or remain under

paragraph EU3(J)A);

 The Minister may extend that limited leave, regardless of whether the person

has made a valid application under this Appendix for such an extension; and

 They remain able to apply for indefinite leave to remain under this Appendix

and will be granted this where the requirements in paragraph EU(J)2 (where

they have been granted limited leave to enter or remain under paragraph

EU(J)3) or paragraph EU(J)2A (where they have been granted limited leave

to enter or remain under paragraph EU(J)3A) are met.

EU(J)5. Paragraphs 18 to 19A (of the Immigration Rules) (returning residents) do not

apply to indefinite leave to enter or remain granted under this Appendix. A

person granted such leave may resume their residence in Jersey where, having

been absent from the UK and Islands, that leave has not lapsed under

paragraph 13 of the Leave to Enter and Remain Directions 2017.

EU(J)6. A valid application made under this Appendix which does not meet the

requirements for indefinite leave to remain or limited leave to remain will be

refused.

EU(J)7. (1) Annex 1 sets out definitions which apply to this Appendix. Any provision

made for those terms elsewhere in the Immigration Rules does not apply to an

application made under this Appendix.

(2) Where this Appendix requires that a document, card or other evidence is

valid (or that it remained valid for the period of residence relied upon), or has

not been cancelled or invalidated or has not ceased to be effective, it does not

matter that the person concerned no longer has the right to enter or reside under

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s. 7(1) of the 1988 Act (or under the equivalent provision elsewhere in the UK

and Islands), on which basis the document, card or other evidence was issued,

by virtue of the revocation of s. 7(1) (or of the equivalent provision elsewhere in

the UK and Islands).

EU(J)8. Annex 2 applies to the consideration by the Minister of a valid application made

under this Appendix.

Valid application

EU(J)9. A valid application has been made under this Appendix where:

(a) The application has been made in Jersey using the specified application

process;

(b) The required proof of identity and nationality has been provided,

where the application is made outside Jersey;

been provided, where the application is made outside Jersey;

(d) The specified biometrics have been provided;

(e) It has been made by the required date, where the date of application is

on or after 9 August 2023; and

(f) The applicant, if they rely on being a joining family member of a relevant

sponsor and where the date of application is on or after 9 August 2023, is

not an illegal entrant.

EU(J)10 (1) An application will be rejected as invalid where it does not meet the

requirements in paragraph EU(J)9.

(2) Where a valid application is made under this Appendix before a previous

valid application made under another part of or outside the Immigration

Rules has been decided (or where a valid application is made under another

part of or outside the Immigration Rules, or varied by a further such

application, before a previous valid application made under this Appendix

has been decided), both applications will be considered.

(3) Where both applications considered in accordance with sub-paragraph (2)

above fall to be granted, the Minister will inform the applicant that they satisfy

the relevant criteria in respect of both applications and ask them to confirm

which application they want to be decided and which they want to be treated

as withdrawn. If the applicant does not so confirm within 14 days, the latest

application will be decided and the other treated as withdrawn.

Eligibility for indefinite leave to remain

Persons eligible for indefinite leave to remain as a relevant EEA citizen or their family

member, or as a person with a derivative right to reside or with a Zambrano right to reside

EU(J)11. The applicant meets the eligibility requirements for indefinite leave to remain as

a relevant EEA citizen or their family member (or as a person with a

derivative right to reside or a person with a Zambrano right to reside)

where the Minister is satisfied, including (where applicable) by the required

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evidence of family relationship, that, at the date of application, one of

conditions 1 to 7 set out in the following table is met:

Condition

Is met where:

1. (a) The applicant:

(i) is a relevant EEA citizen,

(ii) is (or, as the case may be, was) a family member of a relevant

EEA citizen or

(iii) is (or, as the case may be, was) a family member who has

retained the right of residence by virtue of a relationship with a

relevant EEA citizen;

and

(b) The applicant has a documented right of permanent residence; and

applicant.

(a) The applicant is:

(i) a relevant EEA citizen,

(ii) a family member of a relevant EEA citizen or

(iii) a family member who has retained the right of residence by virtue

of a relationship with a relevant EEA citizen; and

(b)

There is

valid evidence of their indefinite leave to enter or remain

(a) The applicant:

(i) is a relevant EEA citizen,

(ii) is (or, as the case may be, for the relevant period was) a family

member of a relevant EEA citizen or

(iii) is (or, as the case may be, for the relevant period was) a family

member who has retained the right of residence by virtue of a

relationship with a relevant EEA citizen;

(iv) is a person who has a derivative right to reside; or

(v) is a person who has a Zambrano right to reside; or

(vi) is a person who had a derivative or Zambrano right to reside;

and

(b) The applicant has completed a continuous qualifying period of five

years in any (or any combination) of those categories; and

applicant

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(a) The applicant is a relevant EEA citizen who is a person who has

ceased activity; and

(b) Since they did so, no supervening event has occurred

(a) The applicant is (or, as the case may be, was) a family member of a

relevant EEA citizen; and

(b) The relevant EEA citizen is a person who has ceased activity; and

2021, the relevant EEA citizen:

(aa) meets the requirements of sub-paragraph (b) of the applicable

definition of relevant EEA citizen in Annex 1; or

(bb) meets the requirements of sub-paragraph (d)(ii)(bb) of the

applicable definition of relevant EEA citizen in Annex 1; or

(cc) meets the requirements of sub-paragraph (e)(ii) or (e)(iii) of the

applicable definition of relevant EEA citizen in Annex 1; or

(dd)is a relevant naturalised British citizen (in accordance with

sub-paragraphs (b), (c) and (d) of the relevant definition in Annex 1);

(ii) Where the date of application by the family member is on or after 1

July 2021, the relevant EEA citizen meets the following requirements

of the applicable definition of relevant EEA citizen in Annex 1:

(aa) sub-paragraph (a)(ii)(aa); or

(bb) sub-paragraph (b)(ii)(aa); or

(cc) sub-paragraph (c)(i); or

(dd) sub-paragraph (d)(iii)(aa); or

(ee) sub-paragraph (e)(i)(bb)(aaa), (e)(i)(bb)(ccc) or

(e)(ii)(bb)(aaa); and

(d) Sub-paragraph (a) above was met at the point at which the relevant

EEA citizen became a person who has ceased activity; and

(e) The applicant was resident in Jersey or elsewhere in the UK and

Islands for a continuous qualifying period immediately before the

relevant EEA citizen became a person who has ceased activity; and

(f) Since the relevant EEA citizen became a person who has ceased

activity, no supervening event has occurred in respect of the

applicant

(a) The applicant is a family member of a relevant EEA citizen; and

(b) The relevant EEA citizen has died and was resident in Jersey as a

worker or self-employed person at the time of their death; and

UK and Islands for a continuous qualifying period of at least 2 years

immediately before dying, or the death was the result of an accident

at work or an occupational disease; and

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(d) The applicant was resident in Jersey with the relevant EEA citizen

immediately before their death and since then no supervening event

has occurred

(a) The applicant is a child under the age of 21 years of a relevant EEA

citizen or of their spouse or civil partner, and either:

(i) the marriage was contracted or civil partnership was formed before

the specified date; or

(ii) the person who is now their spouse or civil partner was the durable

partner of the relevant EEA citizen before the specified date (the

definition of durable partner in Annex 1 being met before that date

rather than at the date of application) and the partnership remained

durable at the specified date; and

(b)(i) Where the date of application by the family member is before 1 July

2021, the relevant EEA citizen (or, as the case may be, their spouse or civil

partner):

(aa) has been granted indefinite leave to remain under paragraph

EU(J)2 (or under its equivalent elsewhere in the UK and Islands),

which has not lapsed or been cancelled, revoked or invalidated (or

is being granted that leave under that paragraph of this Appendix or

under its equivalent elsewhere in the UK and Islands); or

(bb)meets the requirements of sub-paragraph (b)(ii) of the applicable

definition of relevant EEA citizen in Annex 1 (where the relevant EEA

citizen is an Irish citizen) ; or

(cc) meets the requirements of sub-paragraph (d)(ii)(bb) of the

applicable definition of relevant EEA citizen in Annex 1; or

(dd) meets the requirements of sub-paragraph (e)(ii) or (e)(iii) of the

applicable definition of relevant EEA citizen in Annex 1; or

(ee) meets the requirements of sub-paragraph (f)(ii) of the applicable

definition of relevant EEA citizen in Annex 1; or

(ff) is a relevant naturalised British citizen (in accordance with sub-

paragraphs (b), (c) and (d) of the relevant definition in Annex 1); or

(ii) Where the date of application by the family member is on or after 1 July

2021, the relevant EEA citizen (or, as the case may be, their spouse or civil

partner) meets the following requirements of the applicable definition of

relevant EEA citizen in Annex 1:

(aa) sub-paragraph (a)(ii)(aa); or

(bb) sub-paragraph (b)(ii)(aa) (where the relevant citizen is an Irish

citizen); ; or

(cc) sub-paragraph (c)(i); or

(dd) sub-paragraph (d)(iii)(aa); or

(ee) sub-paragraph (e)(i)(bb)(aaa), (e)(i)(bb)(ccc) or (e)(ii)(bb)(aaa);

(ff) sub-paragraph (f)(ii)(aa)

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Persons eligible for indefinite leave to remain as a joining family member of a relevant

sponsor

EU(J)11A. The applicant meets the eligibility requirements for indefinite leave to remain

as a joining family member of a relevant sponsor where the Minister is satisfied, including

by the required evidence of family relationship, that, at the date of application and in an

application made after the specified date, one of conditions 1 to 4 set out in the following

table is met:

Condition Is met where:

1. (a) The applicant:

(i) is (or, as the case may be, for the relevant period was) a joining

family member of a relevant sponsor; or

(ii) is (or, as the case may be, for the relevant period was) a family

member who has retained the right of residence by virtue of a

relationship with a relevant sponsor; and

(b) The applicant has completed a continuous qualifying period of five

years which began after the specified date, in either (or any

combination) of those categories; and

applicant

2. (a) The applicant is (or, as the case may be, was) a joining family member

of a relevant sponsor; and

(b) The relevant sponsor is a person who has ceased activity; and

(c)(i) Where the date of application is before 1 July 2021, the relevant

sponsor:

(aa) meets the requirements of sub-paragraph (a)(i)(aa) or

(a)(ii)(bb) of the definition of relevant sponsor in Annex 1; or

(bb) meets the requirements of sub-paragraph (a)(iv)(bb) or

(a)(iv)(cc) of the definition of relevant sponsor in Annex 1; or

(cc)is a relevant naturalised British citizen (in accordance with sub-

paragraphs (b), (c) and (d) of the relevant definition in Annex 1); or

(ii) Where the date of application is on or after 1 July 2021, the relevant

sponsor meets the following requirements of the definition of relevant

sponsor in Annex 1:

(aa) sub-paragraph (b)(i)(aa); or

(bb) sub-paragraph (b)(ii)(aa); or

(cc) sub-paragraph (b)(iii)(aa); or

(dd) sub-paragraph (b)(iv)(bb)(aaa), (b)(iv)(bb)(bbb) or

(b)(v)(bb)(aaa); or

(ee) sub-paragraph (b)(vi)(aa); and

(d) Sub-paragraph (a) above was met at the point at which the relevant

sponsor became a person who has ceased activity; and

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(e) Immediately before the relevant sponsor became a person who has

ceased activity, the applicant was resident in the UK and Islands for a

continuous qualifying period which began after the specified date; and

(f) Since the relevant sponsor became a person who has ceased activity,

no supervening event has occurred

in respect of the applicant

3. (a) The applicant is a joining family member of a relevant sponsor; and

(b) The relevant sponsor has died and was resident in Jersey as a worker

or self-employed person at the time of their death; and

continuous qualifying period of at least 2 years immediately before dying,

or the death was the result of an accident at work or an occupational

disease; and

(d) The applicant was resident in Jersey with the relevant sponsor after the

specified date and immediately before their death; and

(e) Since the death of the relevant sponsor, no supervening event has

occurred

4. (a)(i) The applicant is a joining family member of a relevant sponsor and is

a child under the age of 21 years of the relevant sponsor; and

(ii) (aa) Where the date of application is before 1 July 2021, the relevant

sponsor:

(aaa) meets the requirements of sub-paragraph (a)(i)(aa) of the

definition of relevant sponsor in Annex 1; or

(bbb)meets the requirements of sub-paragraph (a)(ii)(bb) of the

definition of relevant sponsor in Annex 1 (where the relevant

sponsor is an Irish citizen); or

(ccc) meets the requirements of sub-paragraph (a)(iv)(bb) or

(a)(iv)(cc) of the definition of relevant sponsor in Annex 1; or

(ddd) meets the requirements of sub-paragraph (a)(v)(bb) of the

definition of relevant sponsor in Annex 1; or

(eee) is a relevant naturalised British citizen (in accordance with

sub-paragraphs (b), (c) and (d) of the relevant definition in Annex

1); or

(bb) Where the date of application is on or after 1 July 2021, the

relevant sponsor meets the following requirements of the definition of

relevant sponsor in Annex 1:

(aaa) sub-paragraph (b)(i)(aa); or

(bbb) sub-paragraph (b)(ii)(aa); or

(ccc) sub-paragraph (b)(iii)(aa); or

(ddd) sub-paragraph (b)(iv)(bb)(aaa), (b)(iv)(bb)(bbb) or

(b)(v)(bb)(aaa); or

(eee) sub-paragraph (b)(vi)(aa); or

(b)(i) The applicant is a joining family member of a relevant sponsor and is

a child under the age of 21 years of the spouse or civil partner of the

relevant sponsor (in accordance with sub-paragraph (a) of the definition of

family member of a relevant EEA citizen in Annex 1, substituting ‘relevant

sponsor’ for each reference in that sub-paragraph to ‘relevant EEA citizen’);

and

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(ii) The spouse or civil partner has been or is being granted indefinite

leave to enter or remain under paragraph EU(J)2; or

(c)(i) The applicant is a joining family member of a relevant sponsor and is

a child under the age of 21 years of the spouse or civil partner of the

relevant sponsor (in accordance, in respect of the spouse or civil partner,

with the first sub-paragraph (a), together with either the second sub-

paragraph (a) or sub-paragraph (b)(i) or (b)(ii), of the definition of joining

family member of a relevant sponsor in Annex 1); and

(ii) The spouse or civil partner has been or is being granted indefinite

leave to enter or remain under paragraph

EU(J)2A

Persons eligible for indefinite leave to remain as a family member of a qualifying British

citizen

EU(J)12. The applicant meets the eligibility requirements for indefinite leave to remain as

a family member of a qualifying British citizen, or as a family member who

has retained the right of residence by virtue of a relationship with a qualifying

British citizen, where the Minister is satisfied, including by the required evidence

of family relationship, that, at the date of application, one of conditions 1 to 4 set

out in the following table is met:

Condition

Is met where:

(a) The applicant is (or, as the case may be, was):

(i) a family member of a qualifying British citizen or

(ii) a family member who has retained the right of residence by virtue of

a relationship with a qualifying British citizen; and

(b) The applicant has a documented right of permanent residence; and

(c)

No supervening event has occurred

in respect of the applicant

(a) The applicant is:

(i) a family member of a qualifying British citizen or

(ii) a family member who has retained the right of residence by virtue of

a relationship with a qualifying British citizen; and

(b)

There is valid evidence of their indefinite leave to enter or remain

(a) The applicant is (or, as the case may be, for the relevant period was):

(i) a family member of a qualifying British citizen or

(ii) a family member who has retained the right of residence by virtue of

a relationship with a qualifying British citizen; and

(b) The applicant has completed a continuous qualifying period of five

years in either (or any combination) of those categories; and

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as a family member of a qualifying British citizen relied upon under sub-

paragraph (b), lawfully resident under s. 7(1) of the 1988 Act read with

regulation 9(1) to (6) of the EEA Regulations (regardless of whether the

qualifying British citizen would have ranked as a qualified person under

regulation 6 of the EEA Regulations); and

(d) Since completing the continuous qualifying period of five years, no

supervening event has occurred in respect of the applicant

(a) The applicant is a child under the age of 21 years of the spouse or civil

partner of the qualifying British citizen and either:

(i) the marriage was contracted or the civil partnership was formed

before the date and time of withdrawal; or

(ii) the person who is now their spouse or civil partner was the durable

partner of the qualifying British citizen before the date and time of

withdrawal (the definition of durable partner in Annex 1 being met

before then rather than at the date of application) and the partnership

remained durable at the date and time of withdrawal; and

(b) The applicant is in Jersey lawfully under s. 7(1) of the 1988 Act read

with regulation 9(1) to (6) of the EEA Regulations (regardless of

whether the qualifying British citizen would rank as a qualified person

under regulation 6 of the EEA Regulations); and

to remain under this Appendix

EU(J)13. The reference to the applicant completing a continuous qualifying period of five

years:

 In condition 3 in the table in paragraph EU(J)12 can include a period (or

combination of periods) during which the applicant was a relevant EEA

citizen, a family member of a relevant EEA citizen or a family member

who has retained the right of residence by virtue of a relationship with

a relevant EEA citizen, a person who has a derivative right to reside or

a person who has a Zambrano right to reside before becoming the

family member of a qualifying British citizen(or thereafter a family

member who has retained the right of residence by virtue of a

relationship with a qualifying British citizen); and

 In condition 3 in the table in paragraph EU(J)11 can include a period

during which the applicant was a family member of a qualifying British

citizen or a family member who has retained the right of residence by

virtue of a relationship with a qualifying British citizen before becoming

(as the case may be) a relevant EEA citizen, a family member of a

relevant EEA citizen (or thereafter a family member who has retained

the right of residence by virtue of a relationship with a relevant EEA

citizen), a person who has a derivative right to reside or a person who

has a Zambrano right to reside.

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Eligibility for limited leave to remain

Persons eligible for limited leave to enter or remain as a relevant EEA citizen or their

family member, as a person with a derivative right to reside or with a Zambrano right to

reside or as a family member of a qualifying British citizen

EU(J)14. The applicant meets the eligibility requirements for limited leave to remain

where the Minister is satisfied, including (where applicable) by the required

evidence of family relationship, that, at the date of application, condition 1 or 2

set out in the following table is met:

Condition Is met where:

(a) The applicant is

(i) a relevant EEA citizen, or

(ii) a family member of a relevant EEA citizen or

(iii) a family member who has retained the right of residence by virtue

of a relationship with a relevant EEA citizen; or

(iv) a person who has a derivative right to reside; or

(v) a person who has a Zambrano right to reside;

and

(b) The applicant is not eligible for indefinite leave to remain under this

Appendix solely because they have completed a continuous

qualifying period of less than five years; and

there has been no supervening event in respect of the relevant EEA

citizen

(a) The applicant is:

(i) a family member of a qualifying British citizen; or

(ii) a family member who has retained the right of residence by virtue of

a relationship with a qualifying British citizen; and

(b) The applicant was, for any period in which they were present in Jersey

as a family member of a qualifying British citizen relied upon under sub-

paragraph (c), lawfully resident under s. 7(1) of the 1988 Act read with

regulation 9(1) to (6) of the EEA Regulations (regardless of whether the

qualifying British citizen would have ranked as a qualified person under

regulation 6 of the EEA Regulations); and

this Appendix solely because they have completed a continuous

qualifying period in the United Kingdom of less than five years

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Persons eligible for limited leave to enter or remain as a joining family member of a

relevant sponsor

EU(J)14A. The applicant meets the eligibility requirements for limited leave to enter or

remain as a joining family member of a relevant sponsor where the Minister is satisfied,

including by the required evidence of family relationship, that, at the date of application

and in an application made after the specified date, the condition set out in the following

table is met:

Condition

Is met where:

(a) The applicant is:

(i) a joining family member of a relevant sponsor; or

(ii) a family member who has retained the right of residence by virtue

of a relationship with a relevant sponsor; and

(b) The applicant is not eligible for indefinite leave to remain under

paragraph EU(J)11A solely because they have completed a continuous

qualifying period of less than five years which began after the specified

date; and

there has been no supervening event in respect of the relevant sponsor

Suitability

EU(J)15. An application made under this Appendix will be refused on grounds of

suitability where any of the following apply at the date of decision:

(a) The applicant is subject to a deportation order or of a decision to make

a deportation order; or

(b) The applicant is subject to an exclusion order or exclusion decision.

EU(J)16. An application made under this Appendix may be refused on grounds of suitability

where, at the date of decision, the Minister is satisfied that it is proportionate to refuse the

application:

(a) where, in relation to the application and whether or not to the applicant’s knowledge,

false or misleading information, representations or documents have been submitted

(including false or misleading information submitted to any person to obtain a document

used in support of the application); and the information, representation or

documentation is material to the decision whether or not to grant the applicant indefinite

leave to enter or remain or limited leave to enter or remain under this Appendix; or

(b) where the applicant is subject to a removal decision under the EEA Regulations on

the grounds of their non-exercise or misuse of rights; or

(i) has previously been refused admission to another part of the UK and Islands in

accordance with EEA Regulations; or

(ii) had indefinite leave to enter or remain or limited leave to enter or remain

granted under this Appendix (or limited leave to enter granted by virtue of having

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arrived in Jersey with an entry clearance that was granted under Appendix EU(J)

(Family Permit)) which was cancelled under paragraph 321B(b)(i) or 321B(b)(ii)

of these Rules, under Annex 3 to this Appendix or under Annex 3 to Appendix

EU(J) (Family Permit); or

(d) where the applicant is a relevant excluded person.

EU(J)17. The references in paragraphs EU(J)15 and EU(J)16 to an order or decision to

which the applicant is subject do not include an order or decision which, at the

date of decision on their application under this Appendix, has been set aside or

revoked.

EU(J)18. Annex 3 applies in respect of the cancellation, curtailment and revocation of

leave to enter or remain granted under this Appendix.

Annex 1 – Definitions

Term Definition

1988 Act the Immigration Act 1988 as extended to Jersey by the Immigration

(Jersey) Order 1993 before the repeal of s. 7 of that Act (or, in the

application of the said s. 7 to persons in the Bailiwick of Guernsey or in

the Isle of Man, the said Act as extended to each of those jurisdictions

before the repeal of s. 7

)

2007 Act the UK Borders Act 2007

adopted child

a child adopted in accordance with a

relevant adoption decision

child

(a) the direct descendant under the age of 21 years of a relevant EEA

citizen (or, as the case may be, of a qualifying British citizen or of a

relevant sponsor) or of their spouse or civil partner; or

(b)(i) the direct descendant aged 21 years or over of a relevant EEA

citizen (or, as the case may be, of a qualifying British citizen or of a

relevant sponsor) or of their spouse or civil partner; and

(ii) (unless the applicant was previously granted limited leave to enter

or remain under paragraph EU(J)3 or EU(J)3A of this Appendix as a

child on the basis that sub-paragraph (a) above applied or under its

equivalent elsewhere in the UK and Islands on that basis) dependent

on (as the case may be):

(aa) the relevant EEA citizen (or on their spouse or civil partner) at the

date of application or, where the date of application is after the

specified date, at the specified date; or

(bb) on the qualifying British citizen (or on their spouse or civil partner) at

the date of application or, where the date of application is after the

specified date, at the specified date; or

(cc) on the relevant sponsor (or on their spouse or civil partner) at the

date of application

‘dependent’ means here that:

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(a) having regard to their financial and social conditions, or health, the

applicant cannot, or (as the case may be) for the relevant period

could not, meet their essential living needs (in whole or in part)

without the financial or other material support of the relevant EEA

citizen (or, as the case may be, of the qualifying British citizen or of

the relevant sponsor) or of their spouse or civil partner; and

(b) such support is, or (as the case may be) was, being provided to the

applicant by the relevant EEA citizen (or, as the case may be, by the

qualifying British citizen or by the relevant sponsor) or by their spouse

or civil partner; and

the recourse to that support

in addition:

(a) ‘child’ includes:

(i) an adopted child of; or

(ii) a child born through surrogacy (where recognised in UK law or

Islands law) for; or

(iii) a child in respect of whom an order under Article 7 of the Children

(Jersey) Law 2002 is in force appointing as their guardian a relevant

EEA citizen (or a qualifying British citizen) or their spouse or civil

partner, but ‘child’ does not include a child cared for by a relevant

EEA citizen (or by a qualifying British citizen) or their spouse or civil

partner solely by virtue of a formal or informal fostering arrangement;

(ab) ‘child’ also includes a person who would rank as a child under the

equivalent provision to this Appendix elsewhere in the UK and

Islands;

(b) ‘direct descendant’ also includes a grandchild or great-grandchild,

other than for the purpose of meeting condition 7 in the table in

paragraph EU(J)11, condition 4 in the table in paragraph EU(J)11A

or condition 4 in the table in paragraph EU(J)12; and

described in sub-paragraph (a)(i) or (a)(ii) of the entry for ‘family

member of a qualifying British citizen’ in this table, in sub-paragraph

(a) of the entry for ‘family member of a relevant EEA citizen’ in this

table or in the first sub-paragraph (a) (together with either the second

sub-paragraph (a) or sub-paragraph (b)(i) or (b)(ii)) of the entry for

‘joining family member of a relevant sponsor’ in this table

civil partner

(a) the person is, or (as the case may be) for the relevant period was, in

a valid civil partnership (which exists or existed under or by virtue of

the Civil Partnership (Jersey) Law 2012 or under any equivalent

legislation elsewhere in the UK and Islands); or is, or (as the case

may be) for the relevant period was, in a relationship registered

overseas which is, or was, entitled to be treated as a civil partnership

under that Law or under any equivalent legislation elsewhere in the

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UK and Islands, with a relevant EEA citizen (or, as the case may be,

with a qualifying British citizen or with a relevant sponsor); and

(b) it is, or (as the case may be) for the relevant period was, not a civil

partnership of convenience; and

had, another civil partner, a spouse or a durable partner with (in any

of those circumstances) immigration status in the UK or the

Islands

based on that person’s relationship with that party

civil partnership of

convenience

See under marriage of convenience

continuous

qualifying period

a period of residence in the UK and Islands (save in condition 3 in the

table in paragraph EU(J)12; in condition 2 in the table in paragraph

EU(J)14; in sub-paragraph (a)(ii) or (d)(iii)(aa) of the entry for ‘family

member who has retained the right of residence’ in this table; in sub-

paragraph (c) of the entry for ‘person who has ceased activity’ in this

table; and in the entry for ‘person with a derivative right to reside’ and for

‘person with a Zambrano right to reside’ in this table, where (in each

case) the period of residence must be in Jersey and the reference in

sub-paragraphs (b)(i) and (ii) below to the UK and Islands is to be read

as a reference to Jersey):

(a) which, unless the person is a joining family member of a relevant

sponsor is a specified relevant person of Northern Ireland (or is the

dependent relative of such a person) or relies on sub-paragraph

(b)(i)(cc), (b)(i)(dd) or (b)(i)(ee) below, began before the specified

date; and

(b) during which none of the following occurred:

(i) absence(s) from the UK and Islands which exceeded a total

of 6 months in any 12-month period, except for:

(aa) a single period of absence which did not exceed 12

months and was for an important reason (such as

pregnancy, childbirth, serious illness, study, vocational

training or an overseas posting, or because of COVID-19);

(bb) a single period of absence which did not exceed 12

months and which, although the absence was not originally

for an important reason, is to be treated as being for an

important reason as it exceeded 6 months because of

COVID-19; or

(cc) (following a period of absence under sub-paragraph

(b)(i)(aa) above because of COVID-19 or under sub-

paragraph (b)(i)(bb) above) a second period of absence

which did not exceed 12 months and was for an important

reason (such as described in sub-paragraph (b)(i)(aa)

above) which, save for caring for someone with a serious

illness, was not because of COVID

19; where this is the

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case, the period of absence under this sub-paragraph

exceeding 6 months will not count towards any period of

residence in the UK and Islands on which the person relies;

(dd) (following a period of absence under sub-paragraph

(b)(i)(aa) above which, save for caring for someone with a

serious illness, was not because of COVID-19) either a

second period of absence which did not exceed 12 months

and was for an important reason, where that reason was

because of COVID-19, or a period of absence under sub-

paragraph (b)(i)(bb) above; where this is the case, the period

of absence under this sub-paragraph exceeding 6 months

will not count towards any period of residence in the UK and

Islands on which the person relies; or

(ee) a period of absence under sub-paragraph (b)(i)(aa),

(b)(i)(bb), (b)(i)(cc) or (b)(i)(dd) above which exceeded 12

months because COVID-19 meant that the person was

prevented from, or advised against, returning earlier; where

this is the case, the period of absence under this sub-

paragraph exceeding 12 months will not count towards any

period of residence in the UK and Islands on which the

person relies; or

(ff) any period of absence on compulsory military service; or

(gg) any period of absence on a posting on Crown service or

(as a spouse, civil partner, durable partner or child) any

period of absence accompanying a person on a posting on

Crown service; or

(hh) any period spent working in the United Kingdom marine

area (as defined in section 42 of the Marine and Coastal

Access Act 2009); or

(ii) any period of absence due directly to an order or decision to

which sub-paragraph (b)(iii) below refers, where that order or

decision has been set aside or revoked ; or

(iii) any of the following in respect of the person, unless it has been

set aside or revoked:

(aa) any decision or order to exclude or remove under

regulation 23 or 32 of the EEA Regulations (or under the

equivalent provisions of the Immigration (European

Economic Area) Regulations of the Isle of Man); or

(bb) a decision to which regulation 15(4) of the EEA

Regulations otherwise refers, unless that decision arose

from a previous decision under regulation 24(1) of the EEA

Regulations (or the equivalent decision, subject to the

equivalent qualification, under the Immigration (European

Economic Area) Regulations of the Isle of Man); or

(cc) an exclusion decision; or

(dd) a deportation order, other than by virtue of the EEA

Regulations; and

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(i) the period is of at least five years’ duration; or

(ii) (aa) the person acquired the right of permanent residence in

Jersey under section 7(1) of the Immigration Act 1988 or in

the United Kingdom under regulation 15 of the EEA

Regulations or elsewhere in the Islands through the

application of section 7(1) of the Immigration Act 1988 or

under the Immigration (European Economic Area)

Regulations of the Isle of Man (or, where there are

reasonable grounds for the person’s failure to meet the

deadline applicable to them in the entry for ‘required date’ in

this table, would have acquired such a right had section 7(1)

of the Immigration Act 1988 (as it had effect before it was

repealed). or the EEA Regulations not been revoked); or

(bb) the period relates to:

(aaa) a relevant EEA citizen, where, in relation to that EEA

citizen, the applicant relies:

(i) for all or part of the period to which sub-paragraph (b) of

condition 3 in the table in paragraph EU(J)11 refers (or, as the

case may be, for part of the period to which sub-paragraph (b)

of condition 3 in the table in paragraph EU(J)12 refers) on

having been a family member of a relevant EEA citizen; or

(ii) on being or having been a family member who has

retained the right of residence by virtue of a relationship with a

relevant EEA citizen,

provided (in any case) the period relating to that relevant EEA

citizen continued (unless sub-paragraph (c)(i), (c)(ii)(aa),

(c)(iii) or (c)(iv) of this entry applied to that relevant EEA

citizen instead) either, as the case may be, throughout the

period the applicant relies on in (i) as having been a family

member of a relevant EEA citizen or, as relied on in (ii), until

the applicant became a family member who has retained the

right of residence by virtue of a relationship with a relevant

EEA citizen; or

(bbb) a relevant sponsor, where, in relation to that relevant

sponsor, the applicant relies for all or part of the period to

which sub-paragraph (b) of condition 1 in the table in

paragraph EU(J)11A refers on having been (or, as the case

may be, relies for all or part of the period to which sub-

paragraph (b)(ii) of the condition in the table in paragraph

EU(J)14A refers on being) a family member who has retained

the right of residence by virtue of a relationship with a relevant

sponsor, provided (in either case) the period relating to that

relevant sponsor continued (unless sub-paragraph (c)(i),

(c)(ii)(aa), (c)(iii) or (c)(iv) of this entry applied to that relevant

sponsor instead) until the applicant became a family member

who has retained the right of residence by virtue of a

relationship with a relevant sponsor; or

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(iii) the person has valid indefinite leave to enter or remain

granted under this Appendix (or under its equivalent

elsewhere in the UK and Islands); or

(iv) there is valid evidence of their indefinite leave to enter or

remain; or

(v) a relevant reference is concerned

in addition, ‘relevant reference’ in sub-paragraph (c)(v) above means the

reference to continuous qualifying period in:

- condition 6 in the table in paragraph EU(J)11;

- condition 3 in the table in paragraph EU(J)11A;

- sub-paragraph (d)(iii)(aa) of the entry for ‘family member who has

retained the right of residence’ in this table (as that reference applies to,

as the case may be, the relevant EEA citizen, the qualifying British citizen

or the relevant sponsor);

- where the date of application is on or after 1 July 2021, sub-paragraph

(b)(i) of the applicable entry for ‘relevant EEA citizen’ in this table, where

sub-paragraph (b)(ii)(aa) of that entry applies;

- where the date of application is on or after 1 July 2021, sub-paragraph

as the reference in that sub-paragraph to sub-paragraph (a) of the entry

for ‘relevant naturalised British citizen’ in this table is concerned), where

sub-paragraph (c)(i) of the applicable entry for ‘relevant EEA citizen’ in

this table applies;

- where the date of application is on or after 1 July 2021, sub-paragraph

(d)(ii) of the applicable entry for ‘relevant EEA citizen’ in this table, where

sub-paragraph (d)(iii)(aa) of that entry applies;

- where the date of application is on or after 1 July 2021, sub-paragraph

(e)(i)(aa) of the applicable entry for ‘relevant EEA citizen’ in this table,

where sub-paragraph (e)(i)(bb)(ccc) of that entry applies;

- where the date of application is on or after 1 July 2021, sub-paragraph

(e)(ii)(aa) of the applicable entry for ‘relevant EEA citizen’ in this table,

where sub-paragraph (e)(ii)(bb)(aaa) of that entry applies;

- where the date of application is on or after 1 July 2021,

sub-paragraph (f)(i) of the applicable entry for ‘relevant EEA citizen’ in this

table, where sub-paragraph (f)(ii)(aa) of that entry applies;

- sub-paragraph (b)(ii) of the entry for ‘relevant sponsor’ in this table,

where sub-paragraph (b)(ii)(aa) of that entry applies;

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- sub-paragraph (b)(iii) of the entry for ‘relevant sponsor’ in this table

(where the reference to sub-paragraph (a) of the entry for ‘relevant

naturalised British citizen’ in this table is concerned), where sub-

paragraph (b)(iii)(aa) of the entry for ‘relevant sponsor’ in this table

applies;

- sub-paragraph (b)(iv)(aa) of the entry for ‘relevant sponsor’ in this

table, where sub-paragraph (b)(iv)(bb)(bbb) of that entry applies;

- sub-paragraph (b)(v)(aa) of the entry for ‘relevant sponsor’ in this table,

where sub-paragraph (b)(v)(bb)(aaa) of that entry applies; and

- sub-paragraph (b)(vi) of the entry for ‘relevant sponsor’ in this table,

where sub-paragraph (b)(vi)(aa) of that entry applies

Crown Service service as:

(a) a member of HM Forces (as defined in the Armed Forces

(Offences and Jurisdiction) (Jersey) Law 2017); or

(b) an employee of the UK Government, a Northern Ireland

department, the Scottish Administration or the Welsh Government;

(c)

a permanent member of the British Council

custody of a child the child normally lives with the applicant or does so part of the time, and

includes arrangements agreed informally and those which are subject to

a court order for determining with whom the child is to live and when

date and time of

withdrawal

2300 GMT on 31 January 2020

date of application

the date on which the application is submitted under the specified

application process

dependent parent

(a) the direct relative in the ascending line of a relevant EEA citizen (or,

as the case may be, of a qualifying British citizen or of a relevant

sponsor) or of their spouse or civil partner; and

(b) (unless sub-paragraph (c) immediately below applies) dependent on

(as the case may be):

(i) the relevant EEA citizen (or on their spouse or civil partner)

at the date of application or, where the date of application is

after the specified date, at the specified date, and (unless the

relevant EEA citizen is under the age of 18 years at the date

of application or, where the date of application is after the

specified date, the relevant EEA citizen was under the age

of 18 years at the specified date) that dependency is

assumed; or

(ii) on the qualifying British citizen (or on their spouse or civil

partner) at the date of application or, where the date of

application is after the specified date, at the specified date,

and (unless the qualifying British citizen is under the age of

18 years at the date of application or, where the date of

application is after the specified date, the qualifying British

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citizen was under the age of 18 years at the specified date)

that dependency is assumed; or

(iii) on the relevant sponsor (or on their spouse or civil partner)

at the date of application and (unless the relevant sponsor is

under the age of 18 years) that dependency is assumed

where the date of application is before 1 July 2021; and

no requirement as to dependency) where:

(i) the applicant was previously granted limited leave to

enter or remain under paragraph EU(J)3 or EU(J)3A

of this Appendix as a dependent parent, and that

leave has not lapsed or been cancelled, curtailed or

invalidated; or

(ii) the spouse, civil partner or durable partner of the

applicant (and with whom they reside) has been

granted indefinite leave to enter or remain or limited

leave to enter or remain under paragraph EU(J)2,

EU(J)2A, EU(J)3 or EU(J)3A of this Appendix as a

dependent parent of the relevant EEA citizen (or, as

the case may be, of the qualifying British citizen or of

the relevant sponsor) or of their spouse or civil

partner, and that indefinite or limited leave has not

lapsed or been cancelled, curtailed, revoked or

invalidated